Woods Hole, Martha's Vineyard and Nantucket Steamship Authority

August 18, 2020 Board Meeting - Board Meeting Memo

AUTHORITY MEMBERS ROBERT B. DAVIS GeneralManager JAMES M.MALKIN Martha's Vineyard Member, Chairman MARK K. ROZUM Treasurer/Comptroller KATHRYN WILSON Falmouth Member, Vice-Chairman TERENCE G. KENNEALLY MOIRA E.TIERNEY General Counsel New Bedford Member, Secretary ROBERT F. RANNEY Nantucket Member

ROBERT R. JONES Barnstable Member

August 17, 2020

TO: Authority Members

FROM: Robert B. Davis

SUBJECT: Authority Meeting – August 18, 2020

The purpose of this memorandum is to outline briefly the items on the agenda for the discussion at the Authority’s meeting to be held Tuesday, August 18, 2020, First Floor Meeting Room (#103), SSA Administrative Offices, 228 Palmer Avenue, Falmouth, MA.

Item No. 1. Approval of Minutes

Minutes of the Authority’s May 19, 2020 meetings were forwarded to the members on August 14, 2020.

Item No. 2. Port Council’s Report on its August 5, 2020 Meeting

Item No. 3. General Manager’s Report

This report will be presented by the General Manager, Robert B. Davis, and will include the following:

(a) COVID-19 i. Activities to Date ii. Future Considerations (b) Results of Operations – Business Summary for the Month of June 2020 (c) Update on Current Projects i. MV Katama Dry-Dock – Please see Katama Dry Dock Operations Report ii. Mobile Ticketing Demo (d) Report on the Proposed 2021 Summer and Fall Operating Schedules for the Martha’s Vineyard– Please see Staff Summary #GM-749, dated August 12, 2020.

(e) Review of the Accounting of BIA Studio’s Fees Under Its Contract – Please see Review of Accounting of BIA Studio’s Fees, dated August 13, 2020.

228 Palmer Avenue • Falmouth, Massachusetts 02540 • Telephone: (508) 548-5011

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MEETING MEMORANDUM PAGE 2

(f) Revisions to the Customer Policies and Procedures Handbook – Please see Staff Summary #L-501, dated August 11, 2020.

Item No. 4. Treasurer/Comptroller’s Report

Item No. 5. Procurement

(a) MV Eagle Dry Dock – Please see Staff Summary #MO-2020-05, dated August 13, 2020. (b) Woods Hole Terminal Waterside Construction Change Order – Please see Staff Summary #GM-748, dated August 12, 2020. (c) Nantucket Emergency Dredging – Please see Staff Summary #L-502, dated August 13, 2020.

Item No. 6. Old/New Business

Item No. 7. Items Not Reasonably Anticipated by the Chair

Item No. 8. Public Comment

______Robert B. Davis General Manager

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MINUTES OF THE WOODS HOLE, MARTHA’S VINEYARD AND NANTUCKET STEAMSHIP AUTHORITY

The Meeting in Public Session May 19, 2020

The Members of the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority met this 19th day of May, 2020, beginning at 10:00 a.m., in the first-floor meeting room (Room 103) of the Authority’s administrative offices, located at 228 Palmer Avenue, Falmouth, Massachusetts. All five (5) members participated via Zoom videoconferencing: Chairman James M. Malkin of Dukes County; Vice Chairman Kathryn Wilson of Falmouth; Secretary Moira E. Tierney of New Bedford; Robert F. Ranney of Nantucket; and Robert R. Jones of Barnstable.

Port Council President Edward C. Anthes-Washburn was also present, as were the following members of management: General Manager Robert B. Davis; General Counsel Terence G. Kenneally; Treasurer/Comptroller Mark K. Rozum; Communications Director Sean F. Driscoll; Director of Marine Operations Mark H. Amundsen; Woods Hole Terminal Reconstruction Project Manager William J. Cloutier, Director of Shoreside Operations Alison A. Fletcher; Director of Human Resources Janice L. Kennefick; and Health, Safety, Quality and Environment Manager Angela M. Sampson.

Video and Audio Recording of Today’s Meeting:

Mr. Malkin announced that Steve Baty of All Media Productions was taking a video and audio recording of today’s meeting in public session on behalf of Martha’s Vineyard Community Television, also known as MVTV. Mr. Driscoll was making an audio and video recording of the meeting; Noah Asimow (representing the Vineyard Gazette) and Rich Saltzberg (representing the Martha’s Vineyard Times) indicated they were making an audio recording of the meeting.

Remote Participation by All Members:

Mr. Malkin announced that, in response to Governor Charles Baker’s executive orders concerning the necessity to conduct public meetings in line with social distancing guidelines during the current state of emergency involving the COVID-19 pandemic, all Board Members were participating remotely in the day’s meeting because their physical attendances would be unreasonably difficult. All

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Board Members participated in the meeting by the Zoom video conferencing app or by speakerphone and all members were clearly audible to each other. As a result of the Members’ remote participation in this meeting, any and all votes taken by the Members today were to be taken by roll call vote.

Minutes:

IT WAS VOTED – upon Ms. Wilson’s motion, seconded by Mr. Ranney, to approve the minutes of the Board’s meeting in public session on April 28, 2020.

VOTING AYE NAY

Mr. Malkin 35 % Ms. Wilson 10 % Ms. Tierney 10 % Mr. Ranney 35 % Mr. Jones 10 % ______

TOTAL 100 % 0 %

Port Council’s Report on its May 6, 2020 Meeting:

Mr. Anthes-Washburn said the Port Council’s discussions included the following items:

The latest measures regarding COVID-19 and its effects on business. The actual impact of COVID-19 to the April finances versus expectations. An update on future reservation activities. CARES Act funding. Potential assessments to the port communities in the event of a year- end deficit and the ongoing discussions with the Executive Office of Administration and Finance in that regard. The possibility of a working group made up of Port Council and Board Members to further examine the finances of COVID-19 and its impacts.

Regarding the Board’s Schedule:

Mr. Davis noted that, at the last Board meeting, the Members had expressed a desire to move to biweekly meetings instead of weekly meetings. In looking at the calendar, the biweekly meeting would coincide with the monthly

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meeting of the Port Council, so he asked if the Members would consider being a part of that meeting instead of having a Board meeting on June 2, 2020 and a Port Council meeting on June 3, 2020; the Members agreed.

Report on COVID-19:

Mr. Davis provided the following updates regarding the Authority’s response to the COVID-19 pandemic:

Vessel crews continue to do an exceptional job of cleaning the vessel interiors during and in between trips, paying particular attention to surfaces most likely to be touch points such as tabletops, faucets and toilets as well as handrails. Additional crews are assigned to perform deeper cleanings at night. Terminal employees also have been doing an exceptional job of cleaning at least three (3) times per shift. Buses are being cleaned at least once every four (4) hours. The Authority continues its efforts to source hand sanitizer; unfortunately, replacement cartridges for the dispensers continue to be back ordered. Stands with pop-up sanitizing wipes have been sourced and units installed at each terminal and onboard the vessels. In coordination with Ms. Sampson, maintenance personnel are preparing stands for liquid hand sanitizer that could be sourced without a dispensing cartridge. Signage has been posted that includes, but is not limited to: o Practice social distancing; o Please remain in your vehicle on the freight deck; o Advisory from the Nantucket Cottage Hospital and Martha’s Vineyard Hospital; o Flu Prevention Tips; o Handwashing Tips; o A notice to all out of state customers to self-quarantine for fourteen (14) days; and o Mandatory Mask notice. On the Nantucket route, drive-on, drive-off services have been suspended as to prevent possible transference of the virus from customers to employees. Information on best practices regarding health measures continues to be uploaded to the Learning Management System for employees. Vessel crews, before the beginning of their watches, are given a wellness check by trained medical professionals. Shoreside personnel are given the wellness questionnaire, which they

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need to complete and provide to their supervisor to be given clearance to report to work or are sent home. Employees continue to be told that under no circumstances should they be coming to work while they are sick, for their own safety, the safety of their crewmembers and for the safety of our passengers. If any employee comes to work sick, they will be sent home – period. Updates continue to be posted on the Authority’s dedicated landing page (www.steamshipauthority.com/2019coronavirus) as well as on its Facebook and Twitter pages, its eNews and through local media outlets.

Mr. Ranney said that, regarding the drive-on drive-off services, he has heard from a lot of trucking companies whose business model depends on it and they are finding it difficult to operate without the service, so the quicker it can return for freight, the better. Mr. Davis said staff are working on procedures to handle that so it can be restarted soon.

Ms. Tierney asked if someone had been charged with reviewing the reopening guidance and rules established by the state to make sure the Authority is in compliance; Mr. Davis said it was under review to determine if anything had to be changed but, in general, it seemed that the Authority was following those protocols as stringently, if not more so, as the state recommended. Ultimately, he said he would be responsible for their implementation, with the staff’s assistance.

Mr. Davis said the Authority continues to monitor traffic patterns to determine if schedule modifications are warranted. A number of factors are considered in this process, including the level of vehicle reservations and commodities being transported; passenger accessibility; the ability to socially distance while onboard; and the need to provide access for emergency services. Currently, the schedule extends to May 26, 2020, he said.

On the Vineyard route, the M/V Woods Hole and M/V Martha’s Vineyard are operating with a triple crew, which allows for up to seven (7) round trips per day by each vessel. The M/V Island Home will return to service on May 21, 2020.

On the Nantucket route, the M/V Eagle and M/V Gay Head are operating with a triple crew, which allows for up to three (3) round trips per day. The M/V Iyanough is scheduled to return to service on May 21, 2020, for the Memorial Day weekend; on that same day, the M/V Sankaty will also be added to the schedule.

At this time, based on advance bookings, Mr. Davis said he anticipates that, once the M/V Island Home and M/V Sankaty are added to the operating

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schedule, that level of service will be maintained through the remainder of the spring schedule, which ends June 16, 2020.

Mr. Davis said, regarding April traffic, passenger traffic was down eighty- four percent (84%), or nearly 160,000 versus last year; automobiles carried were down seventy-seven percent (77%), or nearly 25,000 versus last year; and trucks carried were down fifty-eight percent (58%), or nearly 10,000 versus last year.

For May, as of May 14, 2020, passenger traffic was down seventy-three percent (73%), or nearly 75,000 versus last year; automobiles carried were down sixty percent (60%), or nearly 10,000 versus last year; and trucks carried were down forty-four percent (44%), or nearly 4,000 versus last year, Mr. Davis said.

Mr. Rozum then shared a series of charts regarding advance reservation activity and credit card receipts. Ms. Tierney asked if future updates could include the number of cancellations in addition to the net new reservations; Mr. Rozum said he would provide that information.

Mr. Davis said, concerning the Authority’s revenue projections, that up to fifty-five percent (55%) of the Authority’s annual revenue is generated from June to September each year, which in 2020 was projected to total $64,000,000 out of a total $118,000,000 for the year. If the summer performs as projected, the Authority would end the year at essentially a break-even point, Mr. Davis said; if the rest of the year performs at seventy-five percent (75%) of projections, meanwhile, the Authority would end the year roughly $35,000,000 short of projections. Mr. Davis said revenues and expenses would continue to be monitored carefully and be included in regular conversations he has with the Massachusetts Department of Transportation and the state’s Executive Office of Administration and Finance. Mr. Davis said the Authority’s immediate cash needs had been mitigated somewhat by the CARES Act funds, but cash flow continues to be monitored.

Mr. Davis said recent conversations with state officials have focused on the procedural end of how the Authority would certify its deficit to the state, as well as the Authority’s Enabling Act, its funds and their operations. Mr. Davis said staff was working on a schedule of cash projections for the state.

In response to a question from Ms. Wilson, Mr. Davis said there were ongoing discussions about a provision in the Enabling Act that, on its face, would require the Authority to maximize its borrowing potential before certifying a deficit to the state.

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Mr. Jones asked about the status of the Authority accessing the Federal Reserve’s municipal liquidity program; Mr. Davis said the Authority could not do that directly so there would be some procedural question with the state as to that process. Mr. Davis further stated that there was at least one potential federal bill that would include funding for transit agencies, and there had been mention of allowing agencies to use funds previously limited to capital expenses and apply them to operating costs.

Results of Operations:

Mr. Davis then reviewed the results of the March 2020 business summary, which shows the Authority carried fewer passengers (down 35.4%), automobiles (down 33.2%) and trucks (down 22.5%) than the same month the prior year. Through the first three months of the year, the Authority was similarly down in passenger traffic (down 8.9%), automobile traffic (down 9.9%), and truck traffic (down 7.2%) compared to the same period in 2019.

Mr. Davis said the Authority’s total income for March 2020 was approximately $4,158,000 and the total expenses were approximately $9,659,000, for a net operating loss for the month of $5,501,000, approximately $1,140,000 more than anticipated in the 2020 operating budget. Year-to-date figures through March 2020 were approximately $13,779,000 in income and $28,621,000 in expenses for a net operating loss of $14,842,000, which was $1,587,000 more than budgeted.

During the month of March 2020, the Authority’s vessels made a combined 1,307 trips, of which two (2) were canceled for mechanical reasons on the Vineyard route and zero (0) were canceled for mechanical reasons on the Nantucket route, he said.

Woods Hole Terminal Reconstruction Project Update:

Mr. Cloutier stated that marine contractor Jay Cashman Inc. has continued its work and done so in a safe manner by limiting the number of subcontractors on site to allow for safe distancing. Therefore, progress is behind the pace set last year, but Mr. Cloutier said he supports their efforts to keep their employees safe and healthy.

Mr. Cloutier then shared a PowerPoint presentation with recent photographs from the site.

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Mr. Jones asked when all three (3) slips would be available for use, and Mr. Cloutier said no later than the Fourth of July, adding that the project is currently running three (3) to four (4) weeks behind schedule. Mr. Cloutier said work would begin soon on the final grading and asphalt work at the site, after which the stonework and railings on the passenger platform and around the slip will be installed.

Ms. Wilson asked about the design for the park that will be located on the northern edge of the property near the intersection of Railroad and Luscombe avenues. Mr. Cloutier said the design was well in progress; Ms. Wilson asked whether the designs will be shared publically while they were in progress rather than when they were done. Mr. Davis said there was still bulkhead work in that area to address and that, once that work is done, the concepts can be shared.

Mr. Malkin asked if any change orders were in the pipeline that the Members should be aware of, and Mr. Cloutier said he keeps a log of all the change orders and would update that to share with the Members. Ms. Tierney asked if the cost of any operational changes due to COVID-19 were to be passed on to the Authority, and Mr. Cloutier said no.

Mr. Malkin inquired about the recent incident in which a transfer bridge cable snapped in Vineyard Haven; Mr. Davis said when the investigation is done, the results would be shared with the Board.

Mr. Davis added that the Authority has now sent out one hundred (100) community email updates regarding the project.

Ms. Wilson asked if there were any “hidden obligations” regarding the design of the terminal building, noting that the pause in the design work afforded the Authority the opportunity to make changes, if possible. Mr. Davis said the bonds that have been issued thus far have pertained only to the marine portion of the project, but he said the ability of the Board to make changes would depend on the scope of what was proposed. He further stated that the Authority still needed to discuss with the state building inspector the pending expiration of the temporary terminal building’s occupancy permit.

Vessel Dry Dock and Repair Project Updates:

Mr. Amundsen shared a PowerPoint presentation on the dry dock work on the M/V Nantucket, which was at Thames Shipyard. He noted that the project’s contract price was $1,292,027 and that, after contract credits and change orders, the updated cost was projected to be $1,658,031.

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Mr. Jones asked about the source of the funds to pay for the project; Mr. Davis said it was the operating budget. Mr. Davis further stated that the cost of the dry docks was very significant to the Authority’s operations and that their size was one reason why it was difficult to cut expenses to match decreased revenues due to COVID-19, as the work would need to be done regardless.

Ms. Wilson noted that it was very important for the preventative maintenance work to be done on the vessels given the age of the Authority’s fleet. She asked if the M/V Governor was in service; Mr. Davis said it was currently laid up at the Authority’s Fairhaven vessel maintenance facility due to low traffic demands. After the work on the M/V Nantucket was completed, Mr. Davis said staff would determine if the M/V Governor was needed and, if so, how much work had to be done before the vessel could enter service.

Mr. Ranney thanked Mr. Amundsen for his presentation and said he appreciated the knowledge and background he brought to the Authority.

Oak Bluffs Pier Repairs Update:

Mr. Davis said the contractor was on-site as of the prior day and the M/V Katama had been brought from Fairhaven to transport the needed equipment to the terminal. He said work has already begun and the piles were delivered and being stored at one of the Authority’s facilities in Falmouth. The lumber for the pile caps is now expected to be delivered on June 2, 2020, six (6) days sooner than its original delivery date. Mr. Amundsen said he expected that pilings would start to be driven in one (1) week.

Mr. Davis noted the Vineyard Transit Authority had been running shuttle service from the Authority’s Vineyard Haven terminal to Oak Bluffs. He said a proposal had been received by Seastreak LLC to run passenger service to Oak Bluffs at a cost of up to $11,000 per day for its smaller vessels and up to $17,000 per day for a larger vessel. In light of the Authority’s operating plans, Mr. Davis said he did not anticipate enough of a surge in passenger traffic to justify the service and its associated costs.

Review of License Agreement with Freedom Cruises:

Mr. Davis said he had been approached by Freedom Cruise Line Inc.’s president, Jack Sheeran, about waiving Article 10(i) of its license agreement, which allows the Authority to terminate the agreement for cause if there is an interruption in service for any reason for a period of thirty (30) consecutive days.

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Mr. Davis said, like the Authority, Freedom has had to modify its operations in light of COVID-19 and planned to start its operations in late June 2020. Mr. Davis said he was of the opinion that the provision should be waived given the unusual circumstances facing the company.

Mr. Sheeran said the company was working on a plan for social distancing but, due to the size of his vessels, it would be more difficult to achieve. The company has a plan for cleaning and disinfecting the vessels once service resumes. Mr. Sheeran noted that his service attracts predominantly day-trippers and that, with nothing open on either Cape Cod or Nantucket, there was almost no demand for the service.

IT WAS VOTED – upon Mr. Ranney’s motion, seconded by Ms. Wilson – to authorize the general manager to waive the enforcement of Article 10(i) of the Authority’s license agreement with Freedom Cruise Line Inc. for the duration of the state of emergency declared by Governor Charles D. Baker on March 10, 2020, as recommended in Staff Summary #L-497, dated May 18, 2020.

VOTING AYE NAY

Mr. Malkin 35 % Ms. Wilson 10 % Ms. Tierney 10 % Mr. Ranney 35 % Mr. Jones 10 % ______

TOTAL 100 % 0 %

Regarding Inter-Island Ferry Service:

Mr. Davis then noted Hy-Line Cruises had inquired as to whether or not Seastreak LLC could perform the inter-island service until Hy-Line began to offer it again. Seastreak General Manager John Silvia said he spoke with Hy-Line President R. Murray Scudder Jr. and Seastreak would be willing to accept Hy- Line tickets on its vessels, but not sell any of their own. Mr. Davis further noted that the arrangement would be limited to Seastreak’s regularly scheduled trips only and until Hy-Line is back in service.

Mr. Ranney stated that he did not see that the service would have a very high demand, but he appreciated the coordination between the companies.

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Treasurer’s Report:

Mr. Rozum said preliminary April 2020 financial data showed the Authority had experienced a decrease in revenue of approximately $5,600,000. Operating expenses were also down approximately $1,700,000, resulting in a net operating loss of $5,300,000, about $3,900,000 higher than expected.

Regarding the 2019 audit, Mr. Rozum said several issues had caused its completion to be delayed, including the rollout in 2019 of a new accounting system, the onset of COVID-19 and associated staff furloughs, and the use of a new mortality table for municipal employees, which the Authority was informed about on April 22, 2020. Mr. Rozum said the auditing firm had the documents they needed and his staff was continuing to provide supporting information as requested. He noted that a representative from RSM stated other companies were running into similar delays.

Mr. Ranney thanked Mr. Rozum for his hard work in this regard and said Mr. Rozum was doing an incredible job, especially given the circumstances.

Mr. Malkin asked Mr. Rozum when the financials were expected to be finished; Mr. Rozum said he believed they would be completed by the end of May 2020.

Possible Extension of Off-Season Excursion Rate:

Ms. Wilson noted that the question of the extension of the off-season excursion rate had been raised at a prior meeting and asked for an update. Mr. Davis said staff was looking at what could be done in that regard without having to make extensive changes to the programming in its reservation system. Based on staff’s analysis of typical excursion activity, it was estimated that the Authority would experience a loss of $250,000 in revenue if the lower rate were extended through June. That figure would vary, however, depending on the actual demand and the time frame for the extension.

Ms. Wilson asked if it would be more efficient to offer the lower rate for a fixed number of trips rather than a fixed length of time, and Mr. Davis said it would be quicker and easier to extend the time frame for all eligible customers. Ms. Tierney suggested June 21, 2020, as an end date, giving travelers a little more than one (1) month to take advantage of the lower rate.

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Ms. Wilson said if there is space on the boats that goes unfilled, the Authority realizes no revenue, so if this can entice more people to travel it would still be a net positive for the company.

IT WAS VOTED – upon Mr. Jones’s motion, seconded by Mr. Ranney – to extend the off-season excursion rates until June 21, 2020.

VOTING AYE NAY

Mr. Malkin 35 % Ms. Wilson 10 % Ms. Tierney 10 % Mr. Ranney 35 % Mr. Jones 10 % ______

TOTAL 100 % 0 %

Old or New Business:

Mr. Jones asked the Board to direct staff to write a letter directly to the Authority’s employees thanking them for their hard work during a difficult time. Mr. Driscoll said he would work on such a letter and send it to the Members for their review.

Public Comment:

Mr. Saltzberg asked if the previous projection of a $60,000,000 deficit at the end of the year still held or if had been updated with a new figure. Mr. Davis said that figure represented his “glass half empty” projection and that, if the low levels of traffic continue, it was still a possibility. He further stated that the four (4) months of summer represent such a large part of the Authority’s operating budget that those figures will be the most illuminative as to the overall financial picture.

Mr. Saltzberg asked what records still exist from the last time the Authority made an assessment against the port communities; Mr. Davis said he was able to locate a spreadsheet from a manual ledger kept at the time with the calculations on the deficit, but he had been unable, as of yet, to obtain whatever certification was made to the Commonwealth at that time. Mr. Saltzberg asked if the records might have been disposed of when the Authority relocated its

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general offices from Woods Hole to Falmouth; Mr. Davis said any records that still existed at that time were kept.

Mr. Saltzberg asked Mr. Amundsen for more details on what was done to the freight doors on the M/V Nantucket during dry dock; Mr. Amundsen said that a condition assessment was performed before the doors were removed, then they were blasted and coated, and some structural steel and gaskets were replaced. Mr. Saltzberg further inquired as to the M/V Island Home and past issues with that vessel’s grid coolers being damaged; Mr. Amundsen said the coolers had been taken off during its most recent shipyard period and the insulation replaced prior to the vessel’s undocking.

Francine Agnoli thanked the Members for extending the off-season excursion rate and providing a much-needed benefit to island residents.

Mr. Asimow asked if the Authority had heard anything definitive from the state as to its likely deficit; Mr. Davis said he was continuing to have productive discussions with the state’s Executive Office of Administration and Finance. Recent discussions had centered on the language regarding the certification of a deficit in the Enabling Act and trying to identify what the deficit would be.

Then, at 11:49 a.m., Mr. Malkin entertained a motion to go into executive session to consider the purchase, exchange, lease or value of real property; to discuss the Authority's strategy with respect to collective bargaining matters, and with respect to potential litigation matters because a public discussion of these matters may have a detrimental effect on the Authority’s negotiating and bargaining positions. These matters include:

Potential for litigation with Senesco Marine LLC regarding Contract No. 02-2020, Overhaul and Dry Dock of the M/V Katama; The potential for the purchase, exchange, lease or value of real property located at 0 Thomas B. Landers Road, Falmouth, Massachusetts; The potential for the purchase, exchange, lease or value of real property located at 0 Research Road, Falmouth, Massachusetts; The potential for the purchase, exchange, lease or value of real property located at 509 Falmouth Road, Mashpee, Massachusetts; and Anticipated Negotiations with the Unions (Teamsters Union Local 59, SEIU Local 888 and MEBA) of all the Authority’s represented employees regarding the potential continuation of health insurance benefits for furloughed employees due to the COVID-19 virus pandemic.

Mr. Malkin stated the public disclosure of any more information with respect to these matters would compromise the purposes for which the executive

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session is being called. After the conclusion of the executive session, the Board would not reconvene in public.

IT WAS VOTED – upon Mr. Ranney’s motion, seconded by Ms. Wilson – to go into executive session to consider the purchase, exchange, lease or value of real property; to discuss the Authority's strategy with respect to collective bargaining matters; and with respect to potential litigation matters.

VOTING AYE NAY

Mr. Malkin 35 % Ms. Wilson 10 % Ms. Tierney 10 % Mr. Ranney 35 % Mr. Jones 10 % ______

TOTAL 100 % 0 %

A TRUE RECORD ______MOIRA E. TIERNEY, Secretary

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Documents and Exhibits Used at the

May 19, 2020 Meeting in Public Session of the

Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority

1. May 19, 2020 Meeting Memorandum, dated May 18, 2020. 2. Video and audio recording announcement. 3. Statement regarding remote participation. 4. Minutes of the Board’s April 28, 2020 meeting in public session (draft). 5. Minutes of the Port Council’s May 6, 2020 meeting in public session (draft dated May 18, 2020) 6. Advance Reservation Activity by Month, All Routes, as of May 17, 2020. 7. Advance Reservation Activity by Month, All Routes, as of May 10 and May 17, 2020. 8. Traffic Statistics Comparison – 2020 vs. 2019 using a 7-day moving average. 9. Percent of Credit Card Receipts by Date using a 7-day moving average. 10. Business Summary for the month of March 2020. 11. PowerPoint presentation, Woods Hole Terminal Reconstruction Project, May 19, 2020. 12. PowerPoint presentation, vessel dry dock and repair projects, May 19, 2020. 13. Staff Summary #L-497, Approval of Waiver of Article 10(i) of the License Agreement with Freedom Cruise Line Inc., dated May 18, 2020. 14. Statement to be read prior to going into executive session.

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19 August 18, 2020 Board Meeting - Port Council's Report on Its August 5, 2020 meeting

MINUTES

OF THE

PORT COUNCIL

OF THE

WOODS HOLE, MARTHA’S VINEYARD AND NANTUCKET STEAMSHIP AUTHORITY

August 5, 2020

First-Floor Meeting Room (Room 103) Steamship Authority Administrative Offices 228 Palmer Avenue, Falmouth, Massachusetts

Port Council Members present: Vice Chairman Robert V. Huss of Oak Bluffs; Secretary Eric W. Shufelt of Barnstable; Mark H. Rees of Fairhaven (who joined the meeting at 9:33 a.m. during discussion of the HMS Consulting Project Updates); Nathaniel E. Lowell of Nantucket; and George J. Balco of Tisbury (all of whom participated via Zoom videoconferencing).

Port Council Members absent: Chairman Edward C. Anthes-Washburn of New Bedford; and Robert S.C. Munier of Falmouth.

Authority Board Members present: Chairman James M. Malkin of Dukes County; Vice Chairman Kathryn Wilson of Falmouth; and Robert R. Jones of Barnstable (all of whom observed the meeting via Zoom videoconferencing).

Authority Management present: General Manager Robert B. Davis; Treasurer/Comptroller Mark K. Rozum; General Counsel Terence G. Kenneally; Communications Director Sean F. Driscoll (who participated in the meeting via Zoom videoconferencing); Director of Marine Operations Mark H. Amundsen; Woods Hole Reconstruction Project Manager William J. Cloutier; Director of Shoreside Operations Alison A. Fletcher; and Director of Human Resources Janice L. Kennefick.

1. Mr. Huss called the meeting to order at 9:02 a.m.

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Port Council Minutes – August 5, 2020 DRAFT August 13, 2020 2. Mr. Huss announced that Mr. Driscoll was making a video and audio recording of today’s meeting.

3. Mr. Huss announced that, in response to Gov. Charlie Baker’s executive orders concerning the necessity to conduct public meetings in line with social distancing guidelines during the current state of emergency involving the COVID-19 pandemic, all of the Port Council members were participating remotely in the day’s meeting because their physical attendance would be unreasonably difficult. All the members were participating via Zoom videoconferencing and were clearly audible to one another. As a result of the members’ remote participation, all votes taken were to be by roll call vote.

4. Upon a motion by Mr. Balco and a second by Mr. Lowell, the Port Council voted 4-0 to approve the minutes of their meeting in public session on July 1, 2020.

5. Mr. Davis provided an update on the Authority’s activities and performance regarding the COVID-19 pandemic. He said the Authority was running 90% of its originally scheduled trips on the Vineyard route and 100% of scheduled trips on the Nantucket route, albeit with smaller vessels that reduced overall capacity to 92%. The high-speed service is running four round-trips per day, with the fifth trip added to the schedule on Friday and Sunday evenings through Labor Day. Starting August 10, 2020, the Authority will run its regularly scheduled summer service on both routes, Mr. Davis said.

Mr. Davis said the Authority’s employees continue to do an exceptional job cleaning the vessels, terminals and buses and reviewed the new cleaning equipment purchased by the Authority. Medical screenings of vessel crews continue, but the Authority has ordered equipment for thermal scan devices to screen all employees before they start their shifts.

Mr. Davis said the enforcement of face coverings and masks continues to be a challenge despite signage being posted and announcements being made at the terminals and on the vessels. Mr. Davis said he believes compliance is generally high but there still are individuals who, for one reason or another, are not wearing them or are taking them down. With the warmer weather, more people are exiting their vehicles to go to the passenger decks, and they need to bring their masks with them when they do so. Mr. Davis noted the Authority was not alone in this and that it was an industry issue based upon his conversations with other ferry operators.

Regarding Governor Charles D. Baker’s order to self-quarantine when traveling to Massachusetts, the Authority has been sending emails to customers traveling to the island about how to register their travel online and a link to the state’s website. The Authority is not enforcing the order but is taking those measures to educate customers in advance of their travel so they know what their obligations are.

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21 August 18, 2020 Board Meeting - Port Council's Report on Its August 5, 2020 meeting

Port Council Minutes – August 5, 2020 DRAFT August 13, 2020 Mr. Davis also reiterated that information about the coronavirus continues to be posted on the Authority’s internal Learning Management System, as well as on its social media channels, its dedicated webpage and on its eNews.

Mr. Rozum then reviewed advanced reservation figures by month, a seven-day moving average of traffic, and credit card receipts by date versus 2019 to further illustrate the Authority’s performance.

Mr. Davis thanked the Authority’s employees for their dedication to continue to come in despite difficult circumstances. He said it was a testament to their dedication that they have continued to persevere and perform at a high level despite the challenges they face.

6. Mr. Rozum then reviewed the June 2020 business summary, which showed that the Authority carried fewer passengers (193,498, down 42.4%), automobiles (43,642, down 14.7%) and trucks (17,600, down 6.5%) than it had in June 2019. The total income for the month was approximately $10,865,000, while total expenses were approximately $8,266,000, for a net operating income of approximately $2,599,000, which was approximately $1,465,000 less than anticipated in the 2020 budget. Mr. Rozum said year- to-date losses were approximately $20,193,000, which was $10,284,000 more than anticipated in the budget.

Mr. Huss noted that, while the Authority would never be able to make up the losses suffered, it did appear traffic was starting to come back. Mr. Rozum said the softness continues to be in the walk-on passenger category versus the automobiles and truck traffic. Mr. Huss asked what the projection was for the year-end deficit; Mr. Rozum said it was still believed to be between $20,000,000 and $25,000,000. Mr. Davis noted that the Authority’s cash situation was such that the fund transfers needed to pay debt service payments in March were able to be made; two months ago, he said, he would have been hard-pressed to say that would happen.

Mr. Shufelt noted the high number of trips canceled due to traffic demands, and Mr. Rozum clarified that was the result of the reduced COVID-19 service. At Mr. Lowell’s request, Mr. Rozum said he would break out the M/V Iyanough trip cancellations separately.

7. Mr. Amundsen then provided an update with photographs on the dry dock of the M/V Katama at Thames Shipyard in New London, Connecticut, which includes blasting and coating the hull, installing a new port rudder and stock, overhauling the anchor windlass, and blasting and coating the main deck. The project has tallied $350,255 in change orders, for an updated total cost estimate of $1,138,762, he said.

8. Mr. Davis provided the following updates on the implementation of recommendations contained in the HMS Consulting report of the Authority’s operations:

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22 August 18, 2020 Board Meeting - Port Council's Report on Its August 5, 2020 meeting

Port Council Minutes – August 5, 2020 DRAFT August 13, 2020 Regarding the engineering resources project, most of the items had been placed on hold while dealing with COVID-19. However, Mr. Davis said he was pleased to announce that a third port engineer was scheduled to start later this month and that the Authority was well on its way to rounding out the department. Regarding the Mission Statement, Mr. Davis said the Communications and Marketing Department was working on getting that properly distributed and implemented. Regarding the Safety Quality Management System, following discussion with SMS LLC, that program has restarted. However, it will encounter a three- or four-month delay as the Authority’s crews are running at full schedule and will be unable to train on the vessel operations manuals any time soon. The Strategic Planning project remains on hold.

9. Mr. Davis said, following the public hearing on June 11, 2020, regarding the 2021 Draft Operating Schedules, staff had issued a report evaluating the comments from the hearing and those received via email, as well as an analysis of the schedule in question. Staff’s recommendation is to approve the 2021 Summer and Fall Operating Schedules for the Martha’s Vineyard route as proposed. Mr. Davis noted that, as discussed in the report, the Authority has formed both a Working Group and Long-Range Task Force to examine both local traffic issues in Falmouth and the overall design of the Authority’s operations. While invitations were extended to communities following the approval of the 2021 Summer Operating Schedule for the Vineyard route, Falmouth was the only community that appointed its representatives before the onset of COVID-19 and, as such, the work of the two groups has been delayed, although the Working Group has made some operational recommendations to the Authority. Now, however, both bodies have enough members appointed to constitute a quorum, and the initial meetings are expected to be scheduled within a few weeks.

The Port Council then, upon a motion from Mr. Balco and a second from Mr. Lowell, voted unanimously to recommend approval of the Summer and Fall Operating Schedules on the Vineyard route.

10. Mr. Kenneally said that, following the update of several policies by the Authority, the Customer Policies and Procedures Handbook had been revised to reflect not only those changes but some other changes for consistency and clarity. He said the Staff Summary outlined the five (5) most substantive changes to the book and the dates the Board had approved each of those changes. Mr. Kenneally said the matter was being presented for informational purposes only as the policies themselves had already been approved.

11. Mr. Davis said he had engaged the services of Jones Lang LaSalle to perform a feasibility study of placing solar panels on the Authority’s parking lot on Thomas B. Landers Road. The study would be a precursor to issuing a Request for Proposals to place solar panels at that spot. Mr. Huss noted that the panels would provide the added benefit of protecting the cars underneath from the elements.

Page 4 of 7

23 August 18, 2020 Board Meeting - Port Council's Report on Its August 5, 2020 meeting

Port Council Minutes – August 5, 2020 DRAFT August 13, 2020 12. Mr. Rozum conducted a demonstration of the new eFerry ticketing process, including a new payment procedure that will be used to purchase individual ferry tickets on the traditional service. Mr. Rozum said the new procedure is faster and fully integrated with both Apple Pay and Google Pay and will allow for quick purchase and redemption of tickets for customers. He said he expects the service to be rolled out in the next few weeks.

13. Mr. Rozum briefly reviewed the results of the 2019 audited financials, which generally were positive for the Authority and were presented to the Board at a July 28, 2020 meeting. Auditing firm RSM reviewed the audit process and adjustments made, along with delays encountered due to COVID-19 and the new mortality table adopted regarding the Authority’s pension liability.

Mr. Balco asked when the 2019 annual report would be done; Mr. Driscoll said it was in production and hopefully would be finished soon.

In response to a question from Mr. Rees, Mr. Rozum said there were recommendations made by RSM following the audit and that the Authority would be implementing those.

14. Mr. Lowell asked if there was an update on the status of concessions sales on board the vessels. Mr. Davis said he met with Centerplate and there continue be concerns about mask usage if the snack bars are reopened. Additionally, Centerplate relies heavily on overseas labor via the J-1 Visa program, so without those staff there was a concern if they could fully staff their operation. Mr. Davis said, for the time being, it had been agreed that the concessions sales would be delayed and that Centerplate was investigating installing additional vending machines at the landside terminals.

Mr. Davis said it appears the Authority is the exception when it comes to concession sales among area carriers, but they are not a requirement for the Authority’s operation.

Mr. Lowell asked about the compressed natural gas buses that the Authority had recently declared surplus; Mr. Davis said the Board had approved their sale and he expected the transaction to be complete within a few weeks.

15. Mr. Huss said his daughter was recently returning to the island and attempted to get on an earlier boat on a standby basis, but as it was a Sunday there was no standby offered. He said the traffic booth attendant gave his daughter the number of the reservation office to call to move her booking, who said there was no space available even though boats with space on them could be seen to leave port. Mr. Huss said it appeared there was a disconnect somewhere in that process; Ms. Fletcher said she would investigate the matter.

16. Mr. Huss asked for public comment, but none was offered.

Then, at approximately 10:07 a.m., upon a motion from Mr. Balco and a second from Mr. Lowell, the Port Council unanimously voted to adjourn their meeting.

Page 5 of 7

24 August 18, 2020 Board Meeting - Port Council's Report on Its August 5, 2020 meeting

Port Council Minutes – August 5, 2020 DRAFT August 13, 2020

A TRUE RECORD ______Eric W. Shufelt, Secretary

Page 6 of 7

25 August 18, 2020 Board Meeting - Port Council's Report on Its August 5, 2020 meeting

Port Council Minutes – August 5, 2020 DRAFT August 13, 2020

Documents and Exhibits Used at the Port Council’s August 5, 2020 Meeting

1. Agenda for the Port Council’s August 5, 2020 Meeting, posted August 3, 2020.

2. Minutes of the Port Council’s July 1, 2020 Meeting in Public Session (draft dated August 3, 2020).

3. Chart, Advanced Reservation Activity By Month, All Routes as of July 26, 2020 and August 2, 2020.

4. Chart, Traffic Statistics Comparison, 2020-2019, Using a Seven-Day Moving Average.

5. Chart, Advanced Reservation Activity By Month Comparison, 2020 vs. 2019.

6. Chart, Percent of 2019 Credit Card Receipts By Date, Using Seven-Day Moving Average.

7. Chart, Daily Vehicle Reservation Activity Comparison, 2020 vs. 2019, May 1st to June 28, Using Seven-Day Moving Average.

8. Business Summary, June 2020 (draft).

9. PowerPoint presentation, M/V Katama Dry-Dock Project.

10. Unnumbered staff summary, 2021 Summer and Fall Operating Schedules for the Vineyard Route, dated July 30, 2020.

11. Report Issued Under Section 15A of the Authority’s Enabling Act on the Proposed 2021 Summer Operating Schedules of the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority (draft dated July 30, 2020).

12. Staff Summary #L-501, Amendments to the Authority’s Customer Handbook, dated July 30, 2020, with attachments.

13. Staff Summary #GM-746, Proposed Feasibility Study for Solar Panels at Thomas B. Landers Parking Lot, dated July 17, 2020, with attachments.

14. PowerPoint presentation by RSM US LLP, 2019 Audit, dated July 28, 2020.

15. Financial Statements and Required Supplemental Information, Years Ended December 31, 2019 and 2018.

16. Financial Statements and Required Supplemental Information, Years Ended December 31, 2019 and 2018, Uniform Guidance. .

Page 7 of 7

26 August 18, 2020 Board Meeting - General Manager's Report

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45 August 18, 2020 Board Meeting - General Manager's Report

STAFF SUMMARY Date: August 12, 2020 File# GM-749

TO: FOR: FROM:

General Dept.: General Manager X Vote Manager Author: Robert B. Davis

Board Subject: Report on the Authority’s X Information Members Proposed 2021 Summer and Fall Operating Schedules for the Martha’s Vineyard Route

PURPOSE:

To recommend that the Members approve the Authority’s 2021 Summer and Fall Operating Schedules for the Martha’s Vineyard route and to provide the Members with a draft report explaining the Authority’s reasons for approving the Authority’s proposed 2021 Summer Operating Schedules for the Martha’s Vineyard route, which were the subject of a petition filed by 58 Falmouth residents pursuant to Section 15A of the Authority’s Enabling Act (“Section 15A”), so that the Members can issue the report on those proposed schedules in accordance with Section 15A.

BACKGROUND:

After the Authority advertised its proposed 2021 Operating Schedules in April and May 2020, it received a petition from 58 Falmouth residents on May 29, 2020 objecting to the proposed scheduling of the 5:30 a.m. freight trip from Woods Hole during the Authority’s proposed 2021 Summer Operating Schedules for the Martha’s Vineyard route and asking that the Authority hold a public hearing on those proposed schedules pursuant to Section 15A. The Authority conducted that public hearing on June 11, 2020. Section 15A of the Enabling Act now requires the Authority, after considering the testimony at the public hearing, to issue a report either maintaining its original proposed schedules, or making modifications to them, and explaining their reasons therefor.

The staff has prepared the accompanying draft report for the Members explaining the reasons for their recommendation that the Authority maintain its original proposed 2021 Summer Operating Schedule for the Martha’s Vineyard route.

At their August 5, 2020 meeting, the Port Council voted to recommend that the Members approve the Authority’s 2021 Summer and Fall Operating Schedules for the Martha’s Vineyard route as proposed, and that the Members also issue the Authority’s report on the proposed 2021 Summer Operating Schedules for the Martha’s Vineyard route in the form accompanying this staff summary.

Page 1

46 August 18, 2020 Board Meeting - General Manager's Report

RECOMMENDATION:

It is recommended that the Members: issue the Authority’s report on the proposed 2021 Summer Operating Schedules for the Martha’s Vineyard route in the form accompanying this staff summary, with whatever revisions they may determine to be appropriate; approve the Authority’s 2021 Summer Operating Schedules for the Martha’s Vineyard route as set forth in the attachment to this staff summary for the reasons explained in their report; and also approve the Authority’s 2021 Fall Operating Schedules for the Martha’s Vineyard route as similarly set forth in the attachment to this staff summary.

______Robert B. Davis General Manager

Page 2

47 August 18, 2020 Board Meeting - General Manager's Report

Proposed 2021 Summer Operating Schedules

for the

Martha’s Vineyard Route

48 August 18, 2020 Board Meeting - General Manager's Report

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49 August 18, 2020 Board Meeting - General Manager's Report

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50 August 18, 2020 Board Meeting - General Manager's Report

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51 August 18, 2020 Board Meeting - General Manager's Report

Proposed 2021 Fall Operating Schedules

for the

Martha’s Vineyard Route

52 August 18, 2020 Board Meeting - General Manager's Report

2021 Martha's Vineyard

10/19/2021 - 01/04/2022

TRIP LV WH DUE VH DUE OB VESSEL TRIP LV VH LV OB DUE WH 45 45

Daily KAT 200 5:30 AM 6:15 AM Daily NAN/MAR 6 6:00 AM 6:45 AM Daily 5 6:00 AM 6:45 AM IHM 8 7:00 AM 7:45 AM Daily 203 6:30 AM 7:15 AM HAZ/M-Sat KAT 204 7:30 AM 8:15 AM HAZ/W Daily 7 7:00 AM 7:45 AM NAN/MAR 10 8:15 AM 9:00 AM Daily 9 8:15 AM 9:00 AM IHM 12 9:30 AM 10:15 AM Daily 207 * 8:35 AM 9:20 AM HAZ/M-F KAT 208 9:50 AM 10:35 AM HAZ/M-Sat Daily 11 9:30 AM 10:15 AM NAN/MAR 14 10:45 AM 11:30 AM Daily 13 10:45 AM 11:30 AM IHM 16 12:00 PM 12:45 PM Daily 211 11:05 AM 11:50 AM KAT 212 * 12:20 PM 1:05 PM HAZ/M-F Daily 15 12:00 PM 12:45 PM NAN/MAR 18 1:15 PM 2:00 PM Daily 17 1:15 PM 2:00 PM IHM 20 2:30 PM 3:15 PM Daily 215 1:35 PM 2:20 PM HAZ/W KAT 216 2:50 PM 3:35 PM Daily 19 2:30 PM 3:15 PM NAN/MAR 22 3:45 PM 4:30 PM Daily 21 3:45 PM 4:30 PM IHM 24 5:00 PM 5:45 PM Daily 219 4:05 PM 4:50 PM KAT 220 5:20 PM 6:05 PM Daily 23 5:00 PM 5:45 PM NAN/MAR 26 6:15 PM 7:00 PM Daily 25 6:15 PM 7:00 PM IHM 28 7:15 PM 8:00 PM Daily 223 6:30 PM 7:15 PM KAT F&Sun KAT 224 ** 7:30 PM 8:15 PM Daily 27 7:30 PM 8:15 PM NAN/MAR 30 8:30 PM 9:15 PM Daily 29 8:30 PM 9:15 PM IHM 32 9:30 PM 10:15 PM F&Sun 227 ** 8:45 PM 9:30 PM KAT Daily 31 9:45 PM 10:30 PM NAN/MAR

M/V Nantucket 10/19/2021 - 11/23/2021 M/V Martha's Vineyard 11/24/2021 - 01/04/2022

Bold indicates freight vessel - limited passenger capacity. Freight vessel trips will not appear on pocket schedules or color brochures. During peak travel periods, such as school vacation weeks, unscheduled trips may be added to meet traffic demands.

* Trips 207 and 212 may operate as Hazardous on Monday through Friday, if needed. ** Unscheduled freight trips on Monday through Thursday and Saturday are available to operate, if needed.

M/V Katama will not operate on Thanksgiving Day (11/25/2021) M/V Katama will not operate on Christmas Day (12/25/2021) or New Years Day (01/01/2022)

M/V Nantucket or Triple crew - Operates 7 days a week from 6:00am - 10:30pm. M/V Martha's Vineyard

M/V Island Home Triple crew - Operates 7 days a week from 6:00am - 10:15pm.

M/V Katama Triple crew - Operates Monday through Thursday & Saturday from 5:30am to 7:15pm, Friday and Sunday 5:30am to 9:30pm.

* Hazardous trips Monday - Friday and non-hazardous when running on Saturdays and Sundays

Proposed: xx-xx-2020 Draft: 08-05-2020 Approved: xx-xx-2020 53 August 18, 2020 Board Meeting - General Manager's Report

DRAFT – August 12, 2020

Report Issued under Section 15A of the Authority’s Enabling Act

on the Proposed 2021 Summer Operating Schedules of the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority

Introduction

Section 15A of the Enabling Act of the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority (the “SSA”) requires the SSA to post and advertise in newspapers with general circulation in Falmouth, Barnstable, Martha’s Vineyard, Nantucket and New Bedford all of its proposed schedule changes at least 60 days prior to their effective date. St. 1960, c. 701, §15A. Accordingly, the SSA placed advertisements of its proposed 2021 Winter, Spring, Summer and Fall Operating Schedules for the period from January 4, 2021 through January 4, 2022 in the following newspapers:

The Cape Cod Times and The Standard-Times on April 29, 2020. The Inquirer and Mirror on April 30, 2020; The Falmouth Enterprise and the Vineyard Gazette on May 1, 2020; and The Martha’s Vineyard Times on May 14, 2020.

The SSA’s Enabling Act also provides that, if the SSA receives a petition within 30 days of those advertisements that is signed by not less than 50 persons who are residents of any of those communities requesting a public hearing on the proposed schedule changes, the SSA is to conduct a public hearing within 14 days of receiving the petition. On May 29, 2020, the SSA received a petition with respect to its proposed 2021 Summer Operating Schedules for the Martha’s Vineyard route that was signed by 58 residents of the Town of Falmouth (Appendix A). Therefore, the SSA held a public hearing on its proposed schedules on Zoom (due to the COVID-19 pandemic) on June 11, 2020.

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The Petitioners’ Objection to the SSA’s Proposed Schedules

In their petition (Appendix A), the 58 Falmouth residents have objected to the SSA’s scheduling of a 5:30 a.m. freight trip from Woods Hole1 before the SSA’s Long-Range Vineyard Transportation Task Force has begun to function, and they have requested that the SSA postpone approval of a 5:30 a.m. freight trip from Woods Hole until a future date when the Long-Range Vineyard Transportation Task Force is functioning. As in the past, the petitioners have objected to large trucks traveling to that 5:30 a.m. ferry because they wake up Falmouth residents beginning at 4:45 a.m. and earlier. The petitioners do not object to cars traveling on that ferry.

The Public Hearing on the Proposed Schedules

SSA Members James M. Malkin (Dukes County), Kathryn Wilson (Falmouth), Robert F. Ranney (Nantucket) and Robert R. Jones (Barnstable) attended the public hearing on the proposed 2021 Summer Operating Schedules via Zoom. Also attending the hearing via Zoom were the SSA’s General Manager Robert B. Davis, Communications Director Sean F. Driscoll, Director of Shoreside Operations Alison Fletcher, Counsel Steven M. Sayers, and 56 other people, 15 of whom gave testimony that day. Their testimony is summarized below:

1. Damien Kuffler (Woods Hole) – Mr. Kuffler referred to the economic crisis that the SSA has found itself in during this pandemic and said the financial problems are largely attributable to its Enabling Act. He requested a modification of the SSA’s Enabling Act and asked for a clear definition of what the SSA’s slogan means to be the “Lifeline to the Islands.”

2. Christine Todd (Dukes County Commissioner, Vice Chair, Oak Bluffs) – Ms. Todd expressed concern that changing the 5:30 a.m. freight ferry to New Bedford would increase the costs of freight and transportation that would be passed on to island residents who were already taking a hit during this pandemic. Further, she cited concerns that moving one freight boat to New Bedford would open up the possibility of too many boats operating out of New Bedford and she called for a cost-effective way to continue to manage all freight out of the Woods Hole route.

3. Keith Chatinover (Dukes County Commissioner, Edgartown) – Mr. Chatinover reiterated Ms. Todd’s sentiments and said that New Bedford was not an alternative to consider. He said the 5:30 a.m. freight boat must continue to operate out of Woods Hole as it was critical for the transportation of goods and services to the island and occurred during an hour when it would not cause traffic congestion for island residents who would be out and about at later hours. He sympathized with the people of Woods Hole but emphasized the criticality

1 As advertised, the SSA’s proposed 2021 Summer Operating Schedules for the Martha’s Vineyard route (Appendix B) include a 5:30 a.m. trip from Woods Hole with the Motor Vessel Governor from May 19, 2021 through October 18, 2021.

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of both the Woods Hole to Vineyard Haven and Vineyard Haven to Woods Hole trips that bring products and supplies to vendors.

4. Tristan Israel (Dukes County Commissioner, Chair, Tisbury) – Mr. Israel stated that he supported the two previous statements by his fellow Dukes County Commissioners. He said he sympathized with Woods Hole residents but stressed the importance and vitality of the 5:30 a.m. freight ferry to the island of Martha’s Vineyard.

5. Leon Brathwaite (Duke County Commissioner, West Tisbury) – Mr. Brathwaite inquired whether this was an issue of twenty (20) trucks or ten (10). He reasoned that either number was not a lot of traffic and sincerely hoped that the SSA would continue its 5:30 a.m. freight trip so that products could be brought to the island’s vendors and shelves could continue to be stocked in a timely manner.

6. Melinda Loberg (Tisbury Selectman, Chairman, Tisbury) – Ms. Loberg said crucial goods and services were delivered on the 5:30 a.m. freight ferry. She said that everyone chooses where they live and all places have different negative impacts. She empathized with the residents of Woods Hole as she, too, lived near the SSA’s port of Vineyard Haven and can hear the trucks backing up and unloading at all hours of the day. She further argued that people living on the mainland have the benefit of traveling on roads that operate twenty- four hours a day, seven days a week, versus the people on the islands who travel on roads with restrictions that prevent them from traveling before 5:30 a.m. or after 9:45 p.m. and the SSA was already packing a lot into a short period of time. Ms. Loberg made it known that she was in favor of keeping the 5:30 a.m. freight boat for the businesses on Martha’s Vineyard.

Later in the hearing, Ms. Loberg responded to another person’s testimony on trucks downshifting on Woods Hole Road; she said that there need to be efforts in enforcement to reign in truck drivers who behave that way. She also said that she did not want to leave anyone with the impression that the island is unwilling to think about any other alternatives, citing two previous studies on moving freight ferries to New Bedford and discussions with Mr. Packer on ways to help the SSA eliminate freight with the use of his barge. She said the inquiries into New Bedford came back with considerably higher costs than Woods Hole and, although they have had many conversations with Mr. Packer, none of them elicited a solution to date. Ms. Loberg also stated that she wanted to impress on everyone that she was happy to investigate other options if another alternative were presented.

7. Jonathan Goldman (Woods Hole) – Mr. Goldman applauded Mr. Kuffler’s previous comments on the SSA’s statutory mission to serve as “Lifeline to the Islands” and called for a detailing of the products that were being delivered during these early morning freight ferries that were deemed crucial and vital to the island. He wanted to know if they were time sensitive or medical products or other life-saving devices. Mr. Goldman agreed that everyone has made choices as to where they live but that the disturbances to the village of Woods Hole never seem to pan out and some kind of agreement needs to be made between the mainland and Martha’s Vineyard that allows for both give and take. From his perspective, the people of Woods Hole must “take it” because they live on the mainland

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with access to roads twenty-four/seven (24/7) whereas the people on Martha’s Vineyard do not have the same access to travel. He further stated that there is no oversight or group looking over what the SSA is doing and that this same issue regarding early morning freight has been falling on deaf ears for countless years. He urged all communities involved to look for ways to ensure that both Woods Hole and Martha’s Vineyard do not suffer. He reiterated Mr. Kuffler’s request for an explanation of what is being transferred and how it is being transferred so that a logistical solution could be investigated.

8. John Woodwell (Woods Hole) – Mr. Woodwell called attention to Ms. Loberg’s previous testimony and said that her statements about choosing to live on the island, limitations of travel and the crucial, essentialness and vitality of goods are just not true. He expressed his opinion that “waking up one’s neighbor at 4:45 in the morning is inconsiderate”; that “waking up one’s neighbor at 4:45 in the morning repeatedly is rude”; and that “defending one’s right to do so as somehow ‘vital,’ ‘must,’ ‘essential,’ ‘crucial’” is “absurd and offensive to hear.” He called for freight trucks to be sent to New Bedford, citing a freight program from 2000-2001 that was run by Craig Johnson of Flagship Management in Florida which Mr. Woodwell said was lucrative for Mr. Johnson but caused the SSA to lose money under its own poor management. He urged the SSA to move forward by reducing both the number of cars and the number of trips to Martha’s Vineyard and moving the 5:30 a.m. freight boat to a more appropriate time. He noted that the 5:30 a.m. freight boat had only been added to the schedule in 2012, and therefore, it was not essential, saying that “there is no crisis without a 5:30 boat.”

Mr. Woodwell later urged all hearing participants to look up and read Garrett Hardin’s “Tragedy of the Commons” and, in doing so, to think about all the costs of these early morning freight ferries, including the costs that are transferred to the residents of Woods Hole, the costs to the environment, and the costs to the taxpayers.

9. John Gore (Woods Hole) – Mr. Gore, who lives in Woods Hole just past Church Street, opposite the Treehouse Lodge motel, advised the SSA to take the lead on “traffic calming” before adding more trips to its schedule. He suggested working with local authorities, posting signs, adding speed traps and otherwise engaging police to mitigate the problems created by truck drivers on Woods Hole Road as they enter and exit the port. He stated that he cannot use his front bedroom due to the affronting noise of the trucks. He said that the way the trucks are “racing” to meet deadlines as they come in and out of Woods Hole, as well as the noise they create, “is very loud, is very dangerous, and is very threatening.” He was amazed there had yet to be any fatalities caused by the “reckless” driving of trucks on Woods Hole Road. Mr. Gore recognized that speed is one of the biggest issues but also felt trucks could be noisy even without the factor of speed.

10. Stephen Laster (Woods Hole) – Mr. Laster noted that this was his first hearing and that he appreciated being given the opportunity to speak via the video conferencing platform due to the current pandemic restrictions. He voiced his concern that while it was important to give public officials the opportunity to speak first, it was not appropriate for them to speak first if they were solely speaking on their own behalf and that it was especially intimidating and difficult for him to speak out as a citizen when he felt the public officials’ arguments

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were based only on opinion with no evidence. Mr. Laster urged the SSA and all communities to work together to find a logistical solution that would benefit everyone involved. He suggested freight trucks could be scheduled later in the day to ready the island businesses for their morning supplies and stock just as easily as they’d been doing via the early morning freight trips. He called for a new initiative, including an evaluation of any biases like the aforementioned practice of allowing public officials to speak first, and a solution that would give the residents of Woods Hole a peaceful night’s rest.

11. Eugenie Kuffler (Woods Hole) – Ms. Kuffler stated that she had been to the last hearing on the SSA’s operating schedules at Falmouth High School on September 9, 2019 to protest early morning trucks and the situation had yet to improve. She felt the quality of life for persons in Woods Hole, specifically the social eco-system, was hampered by the third slip under construction that would be taking out a piece of the Luscombe Ave sidewalk where people, both locals and travelers, shared space while they waited for the ferry or rested from the bike path. Ms. Kuffler suggested the SSA reduce its schedule, starting with the 5:30 a.m. freight trip out of Woods Hole, and conduct a traffic study to find a solution that would maintain the quality of life that the residents of Woods Hole strived to uphold.

12. Phil Richardson (Woods Hole) – Mr. Richardson, another resident of Woods Hole, said he looks out his window to see the barges owned by Mr. Packer (of R.M. Packer Co.) traveling with freight, fuel and trucks on its daily trips to the island and suggested that the SSA seek out Mr. Packer’s assistance in putting their freight from the 5:30 a.m. trip onto his barge.

13. Becky Conners (Woods Hole) – Ms. Conners, manager of the Sands of Time Inn on Woods Hole Road and resident living just across the street at the corner of Church Street and Woods Hole Road, complained of not being able to use her front bedroom as Mr. Gore had also stated. She expressed safety concerns every time she had to cross the road between work and home due to the high speed of truck drivers especially as they came around the bend by Church Street. Ms. Conners reiterated some of the noise complaints made prior, describing the downshifting of trucks as a “horrible, loud, jarring noise.” She further stated that she would be willing to lend her driveway to local police to enact traffic enforcement in that area.

14. Dawna Hammers (Woods Hole) – Ms. Hammers said that she had moved to Woods Hole from a similar community in Vermont where she had been plagued by a freight train crossing much like the truck traffic of Woods Hole Road. She works in downtown Falmouth and has witnessed trucks driving at “scary” and excessive speeds around the tight bend in the road just before Main Street. Her primary concern was for the endangerment of persons who could potentially be killed on that road by one of the trucks. She also expressed concern for the safety of animals in the area and both environmental and noise pollutants caused by the trucks. Ms. Hammers asked the SSA to devise a “creative solution” and suggested that the SSA transfer freight from the 5:30 a.m. trip to New Bedford or to other boats on the SSA’s schedule at later times of day.

15. Nat Trumbull (Woods Hole) – Mr. Trumbull, a resident of Woods Hole, stated that his goal was to correct any inaccuracies that had been primary talking points for years by the SSA.

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He prefaced his testimony by summarizing the three topics he would address, including the short history of the 5:30 a.m. freight trip, the economics and environmental impacts of using New Bedford as a supplemental port, and the current petition that led to this hearing.

On the topic of the relative newness of the 5:30 a.m. trip, which began in 2012, Mr. Trumbull reminded all participants that the Dukes County SSA Member at the time, Marc N. Hanover, had cautioned against the potential need to discontinue the early morning freight trip due to excessive noise. He also made reference to a Port Council member who had voted against adding the 5:30 a.m. trip to the 2012 schedule. Mr. Trumbull said that the length of trucks on the 5:30 a.m. trip needed to be considered with trucks of a certain length being sent on later ferries. He invited participants to review the commentary of hearings past on the same topic, to review the Cape Cod Commission’s annual traffic report; and to review audio and video of disturbances from the 5:30 a.m. freight boat on a website created for the traffic concerns in Woods Hole (woodshole.net). Mr. Trumbull reiterated the importance of investigating the nature of the goods and asked what the nature of the urgency was with which they must be brought to the island of Martha’s Vineyard so early each day. From his physical view, he saw mostly gravel, stone, mulch, trash and recyclables, none of which he considered time-sensitive.

Mr. Trumbull recognized that the island has concerns with the high costs of moving the freight boat to another boat out of New Bedford. He instead proposed that freight be moved by barge from the Bourne and Wareham area to Martha’s Vineyard. He suggested that the costs of traveling by barge would be less than traveling by boat; the water route was a more direct route and had a larger footprint and therefore was better for the environment; and he estimated that 70% to 80% of trucks coming into Woods Hole probably passed through New Bedford and this alternative would combat the ever-increasing issue with congestion on Cape Cod. Mr. Trumbull pointed out that the operator of the New Bedford freight ferry experiment of 2000-2001 had made money on the route but its mismanagement by the SSA only led to confusion for truck drivers making reservations, poor timing of schedules and a loss in revenue for the SSA itself. Further, he said that the SSA has been unwilling to accept proposals for freight out of New Bedford and suggested that moving freight trucks to New Bedford would open up valuable spaces for vehicles for both residents of the island and Woods Hole and Falmouth who have been complaining about the lack of available reservations.

Directing his attention to the current petition, Mr. Trumbull noted that while this was an unusual year in which the SSA’s Board needed to spend much time and consideration on the financial impacts of the pandemic, keeping the 5:30 a.m. freight ferry was “not a way to save money.” He referenced again how the trip had only come into the schedule eight (8) years ago and, therefore, could not be as critical as its proponents had claimed since supplies and goods had been delivered to island’s vendors for so many years prior without issue. Since 2012, he also noted three (3) round-trip freight boats had been added to the schedule later in the day. In dealing with issues related to the current pandemic, Mr. Trumbull observed that the SSA had made several changes in its schedule the past few months and inquired why there couldn’t be change around the 5:30 a.m. freight trip. He urged the SSA to shorten its inclusion in its summer schedule from one that lasted six (6)

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months, from May to October, during a time when roads are already congested. He didn’t see a need to rush into approving the 2021 operating schedules at this time. Mr. Trumbull felt the SSA was unwilling to compromise and was concerned that the SSA was only acting for its financial gain, was unethical in its inability to consider other solutions, and was alienating the residents of Woods Hole by not listening to their concerns. Mr. Trumbull urged the town of Falmouth to look at the way Barnstable made an agreement with the SSA restricting its schedule to a maximum number of trips every day. He further argued that Falmouth could have more to say on the use of travel on Woods Hole Road since the state highway of Woods Hole Road did not extend all the way to the SSA’s port.

Mr. Trumbull concluded his testimony with a call for the SSA to change its Enabling Act but requested one line remain from section six (6): “The exercise of the powers granted by this act will be in all respects for the benefit of the people of the commonwealth, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions.” He called for the SSA to “live up this line” and reminded participants that “it is our Commonwealth too.”

Written Testimony Regarding the Proposed Schedules

Although Section 15A of the SSA’s Enabling Act requires it only to consider the testimony given at the June 11, 2020 public hearing, the SSA decided that, because parties who may be affected by the proposed schedule changes may not be able to attend the hearing, it should in fairness also consider any written testimony that is submitted regarding the proposed schedule changes. Therefore, in its Notice of Public Hearing, the SSA stated that it would consider such written testimony that is submitted electronically to [email protected] or addressed to General Manager Robert B. Davis.

Copies of all of the written testimony received by the SSA are included as Appendix C to this report and, therefore, that testimony does not need to be (and is not) described herein. The following individuals submitted written testimony: 1. Douglas Amon (Woods Hole); 2. Rod & Carissa April (Woods Hole); 3. Jane Evelyn Atwood (Woods Hole); 4. B. J. Atwood-Fukuda & Koichi Fukuda (Woods Hole); 5. Bob Bennett (Falmouth); 6. Ed Brakeman (Woods Hole); 7. Roberta Brooks (Woods Hole); 8. Becky Conners (Woods Hole); 9. Kate Nace Day (Woods Hole); 10. Paul & Mia De Weer (Woods Hole); 11. G. L. Dunn (Woods Hole);

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12. Edgartown Board of Selectmen (Edgartown); 13. Jan Elliott (Woods Hole); 14. Gerry Fine (Falmouth); 15. Ted & Meg Fitzelle (Woods Hole); 16. E. M. Frye (Woods Hole); 17. Jonathan Goldman (Woods Hole); 18. Nicole Goldman (Woods Hole); 19. John C. Gore (Woods Hole); 20. John W. Grande (Tisbury); 21. Dawna Hammers (Woods Hole); 22. David Hastings (Woods Hole); 23. Jennifer Hastings (Woods Hole); 24. Marko Horb (Falmouth); 25. Richard Hugus (Woods Hole); 26. Robert Jaye (Woods Hole); 27. Robert Kinnecom (Tisbury); 28. Damien Kuffler (Woods Hole); 29. Eugenie Kuffler (Woods Hole); 30. Suzanne Kuffler (Woods Hole); 31. Stephen Laster (Falmouth); 32. Paul E. Lobo (Falmouth); 33. Richard Lovering (Woods Hole); 34. James Mavor (Woods Hole); 35. Margaret McCormick (Woods Hole); 36. Bruce McNamee (Edgartown); 37. Dianne McPherson (Woods Hole); 38. Russell G. Murphy (Falmouth); 39. Ann Newbury (Woods Hole); 40. Jim Newman; 41. Trina Novak (Woods Hole); 42. Oak Bluffs Board of Selectmen (Oak Bluffs); 43. David Prosten & Sarah Flynn (Falmouth); 44. Patricia Riccardelli (Woods Hole); 8 of 19

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45. Philip Richardson (Woods Hole); 46. Nan & Walter Schanbacher (Woods Hole); 47. Ann Sears (Falmouth); 48. Peter Shile (Woods Hole); 49. Deborah Siegal & Richard Payne (Falmouth); 50. Andrew Solow (Woods Hole); 51. Pam & Wallace Stark (Woods Hole); 52. Betsy Stegeman (Woods Hole); 53. Judith Stetson (Woods Hole); 54. Nathaniel Trumbull (Woods Hole); 55. Dave & Pat Tucker (Woods Hole); 56. Unknown; 57. Unknown (Woods Hole); 58. Jane Vose; 59. John Vose; 60. Stephen & Carol Wagner (Woods Hole); 61. Don & Myrna Weiss (Woods Hole); 62. John Woodwell (Woods Hole); and 63. Barbara Zeidan.

History of the SSA’s Early Morning Trips from Woods Hole

The history of the SSA’s early morning trips from Woods Hole is described in the previous reports it issued on August 15, 2017 on the SSA’s proposed 2018 Winter and Spring Operating Schedules (the “August 15, 2017 Section 15A Report”) and on October 17, 2017 on the SSA’s proposed 2018 Summer and Fall Operating Schedules (the “October 17, 2017 Section 15A Report”). In summary:

Until 2007, the SSA’s first regularly scheduled trip from Woods Hole was a freight trip that left at 6:15 a.m. that was designated as a hazardous cargo trip on Mondays through Fridays throughout the year (as well as on Saturdays during the summer operating schedules).

Since 2007, the SSA has regularly scheduled the first trip of the Island Home (or a substitute ferry) to leave Woods Hole at 6:00 a.m., the same time that the Martha’s Vineyard (or another substitute ferry) historically has made (and continues to make) its first daily sailing from Vineyard Haven.

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In September 2011, the SSA tried out a revised schedule for the Governor on a trial basis, having its first trip leave Woods Hole at 5:45 a.m. instead of 7:30 a.m. through the remainder of the 2011 Late Summer Operating Schedule.

Since 2012, the SSA has regularly scheduled the first trip of the Governor to leave Woods Hole at 5:30 a.m. during the summer operating schedules.

In 2013, the SSA began regularly scheduling its first freight trip to leave Woods Hole at 5:30 a.m. during the spring operating schedules as well, but for the reasons described in the August 15, 2017 Section 15A Report this 5:30 a.m. trip has not been operated during any of the SSA’s spring operating schedules since 2017.

In 2015, the SSA also regularly scheduled its first freight trip to leave Woods Hole at 5:30 a.m. during the fall operating schedule. However, in 2016 the SSA stopped operating this trip during the fall operating schedule on December 8, 2016; in 2017 the SSA stopped operating this trip on October 28, 2017; and this trip has not been operated during any of the SSA’s fall operating schedules since then.

By contrast, in its October 17, 2017 Section 15A Report, the SSA concluded that it could not continue to fulfill its statutory obligation of providing adequate transportation for the island of Martha’s Vineyard during its summer operating schedules without continuing to operate its 5:30 a.m. freight trip from Woods Hole. However, in order to mitigate the impact of that trip on Woods Hole residents, it adopted certain new operating policies for that trip beginning in 2018, including the following: Limiting the size of the trucks the SSA carries on its 5:30 a.m. freight trip from Woods Hole to trucks that are less than 40 feet in length, so that less noise is generated by the trucks that drive to the SSA’s Woods Hole terminal in the early morning hours. Requesting that freight shippers participating in the SSA’s bulk freight reservation program who request reservations on the 5:30 a.m. freight trip from Woods Hole have their truck drivers not exceed the speed limit on any roads in Falmouth or 35 miles per hour, whichever is lower, in order to reduce the noise from those trucks even more. Reviewing all of the SSA’s other efforts to mitigate noise from the early morning operations of the Woods Hole terminal, including but not limited to prohibiting trucks from arriving at the terminal earlier than necessary to be processed and loaded onto the SSA’s ferries, to ensure that those efforts are followed and to see how they can be improved.

In 2019, the SSA ran essentially the same summer operating schedules that it had run in 2018 (and with the same new operating policies for the 5:30 a.m. freight trip from Woods Hole), and approved them again for 2020 for the period from May 15, 2020 through October 20, 2020. However, due to the emergency created by the COVID-19 pandemic, beginning March 22, 2020, the SSA modified its operating schedules to reduce the amount of its service from what had been originally approved and, as a result, the SSA did not begin to operate the 5:30 a.m. freight trip from Woods Hole this year until June 17, 2020.

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As now proposed, the SSA’s 2021 Summer Operating Schedules would operate from May 19, 2021 through October 18, 2021, beginning four days later and ending two days earlier than the summer operating schedules the SSA originally had approved for 2020. As a result, the SSA’s proposed 2021 Summer Operating Schedules for the Martha’s Vineyard route essentially would be the same summer schedules as the SSA ran in 2018 and 2019 (as well as the same summer schedules that were approved for this year), which included the 5:30 a.m. freight trip from Woods Hole with the motor vessel Governor during this time period. The SSA is also proposing to continue to limit the size of the trucks the SSA carries on its 5:30 a.m. freight trip from Woods Hole to trucks that are less than 40 feet in length, which it began doing in 2018, so that less noise is generated by the trucks that drive to the SSA’s Woods Hole terminal in the early morning hours.

Discussion

A. The SSA needs to continue to operate its 5:30 a.m. freight trip from Woods Hole during its 2021 Summer Operating Schedules.

There should be no mistake in anyone's mind that the SSA’s paramount interest is to ensure that the islands of Martha's Vineyard and Nantucket are provided with adequate transportation of persons and necessaries of life on a year-round basis. The island economies are and will continue to be strongly affected by the cost of their transportation service to and from the mainland, whether it is paid for entirely through passenger, freight or automobile rates or through a combination thereof. Either inadequate service or unnecessarily expensive service will jeopardize their future. Frequency and reliability of service are still the key to their stability and well-being. Accordingly, the interest of the islands is paramount and must be the overriding consideration in evaluating the SSA’s proposed operating schedules.

In this regard, island officials have adamantly opposed the elimination of the 5:30 a.m. freight trip from Woods Hole during the SSA’s summer operating schedules, arguing that eliminating the trip would have a substantial adverse impact on the island because the island’s residents, businesses and daily commuters rely on the early morning boats for their workforce and daily deliveries. In addition, they argue that any reduction in ferry service during the early morning would increase traffic congestion on the island, impede public transit service, and prevent the smooth and timely flow of goods and services to the island. As stated for the Edgartown Board of Selectmen by Edgartown Town Administrator James Hagerty, in his June 24, 2020 letter to the SSA’s Board:

The Board of Selectmen of Edgartown were very distressed to hear, particularly now, that the Steamship Authority is considering stopping the 5:30 a.m. freight boat to Martha’s Vineyard. This boat is vital to the Vineyard and the Town of Edgartown. Just nine months ago a public hearing was held on this same topic and the Island Towns were very clear in their position; the 5:30 a.m. ferry is crucial to the logistics of the Island.

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antiquated roads are filled with traffic and pedestrians. During this trying time we need to set conditions for the success of commercial enterprises and the Island’s majority, rather than implement haphazard changes that would only benefit a small minority of Falmouth residents. In the next several weeks the Island’s population will swell to over 100,000 people. The second and third order effects of this surge can only be negated by a steady stream of supplies flowing from the mainland. An interruption of service in any fashion would ultimately be extremely detrimental to this cycle.

Similarly, on behalf of the Oak Bluffs Board of Selectmen, Oak Bluffs Town Administrator Robert L. Whritenour, Jr. wrote to the SSA’s Board on June 12, 2020, saying:

The Board of Selectmen of the Town of Oak Bluffs became aware as a body that the Steamship Authority would be conducting another public hearing today for the purpose of hearing yet another [] request to reduce service to the Island of Martha’s Vineyard by eliminating the 5:30 A.M. ferry. At their regular meeting held June 9, 2020, the Board of Selectmen voted to direct me to prepare correspondence to you reiterating their strong opposition to this reduction in service and to urge you to reject this latest proposal. Just nine months ago a public hearing was held on this same topic and the Island communities were very clear in pointing out the tremendous negative impact that this change would have on our residents. The repeated requests to bring this matter up over and over amount to nothing short of bullying tactics to interfere with service to the Island.

The Oak Bluffs Board of Selectmen sent a detailed letter outlining their issues and concerns in September of 2019, and they have asked that I include this letter with my correspondence to clearly outline their concerns which are the same now as they were less than a year ago.2 Whether it is access to medical services and doctor appointments, or the delivery of food and other critical supplies, the early boat fulfills an enormously important role in preserving a modicum of the quality of life enjoyed by mainland residents. It now appears mean-spirited and abusive of the public process to repeatedly attempt to deny these most basic connections for the residents of Martha’s Vineyard in light of the demonstrated need.

As the island officials have pointed out, the SSA has twice previously concluded that it needs to continue to operate its 5:30 a.m. freight trip from Woods Hole during its summer operating schedules based upon essentially the same testimony it has received in connection with this most

2 The letter from the Oak Bluffs Board of Selectmen referred to by Mr. Whritenour was dated September 3, 2019 and signed by Brian Packish, as Chair of the Oak Bluffs Board of Selectmen. It is included in Appendix C to this report as part of the written testimony received by the SSA. It was also included in Appendix C to the SSA’s October 15, 2019 Section 15A Report as part of the written testimony received by the SSA regarding its proposed 2020 Summer Operating Schedules, and the SSA quoted from that letter on pages 10-11 of its previous report. 12 of 19

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DRAFT – August 12, 2020 recent hearing. Indeed, the SSA reached this conclusion most recently less than a year ago in the report it issued on October 15, 2019 on its proposed 2020 Summer Operating Schedules (the “October 15, 2019 Section 15A Report”) and there has been no material change in the relevant circumstances since that report was issued.3 Accordingly, the SSA once again concludes that it needs to continue to operate its 5:30 a.m. freight trip from Woods Hole during its 2021 Summer Operating Schedules not only based upon the further written testimony it has received from island officials, but also for the same reasons it concluded it has needed to continue operating that trip during its 2018 and 2020 summer operating schedules. Those reasons were described in detail in the SSA’s previous October 17, 2017 Section 15A Report and its previous October 15, 2019 Section 15A Report, and the SSA incorporates those two reports in this report by reference.4

B. The SSA expects that the Long-Range Vineyard Transportation Task Force will soon be meeting to attempt to identify reasonable steps that can be taken to address issues and concerns about freight and other traffic in the SSA’s affected communities on a long-term basis.

Even the 58 Falmouth residents who submitted their petition to the SSA seem to recognize that there is a need for the SSA to continue operating the 5:30 a.m. freight trip during its summer operating schedules until long-term solutions for the communities’ regional traffic problems are developed and implemented. In their petition, the 58 Falmouth residents have only objected to the SSA’s scheduling of a 5:30 a.m. freight trip from Woods Hole before the SSA’s Long-Range Vineyard Transportation Task Force (the “Task Force”) has begun to function, and they have requested that the SSA postpone approval of a 5:30 a.m. freight trip from Woods Hole only until a future date when the Task Force is functioning.

3 Earlier this year, the SSA experienced a precipitous drop in traffic during the initial months of the COVID-19 pandemic. In response, the SSA temporarily reduced the level of service it provided to Martha’s Vineyard, including delaying the commencement of the 5:30 a.m. freight trip from Woods Hole from May 15, 2020 to June 17, 2020, until the SSA’s vehicle traffic, particularly its freight traffic, began to return to 2019 levels. This delay in the commencement of the 5:30 a.m. freight trip this year demonstrates that the SSA is scheduling the 5:30 a.m. freight trip only when the SSA believes it is necessary to fulfill its statutory obligation of providing adequate transportation for the island of Martha’s Vineyard. Indeed, even though there are good reasons to schedule the 5:30 a.m. freight trip from Woods Hole on a year-round basis, in 2017 the SSA decided to eliminate that trip during the spring and fall seasons in light of the competing interests of the Woods Hole community, and the SSA reversed its initial decision to operate it during the 2018 winter season for the same reasons as well. See p. 10, supra.

4 Both reports can be found on the SSA’s website, www.steamshipauthority.com. To view and download the reports, click on the “About Us” tab on the website’s home page and then, when the “About Us” webpage loads, click on “Policies, Forms and Information.” Scroll down that webpage to the section entitled “Reports on Proposed Operating Schedules” where links to the reports are included in the list of reports in that section. 13 of 19

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The Task Force referred to by the petitioners was established on October 15, 2019 by a unanimous vote of the SSA’s Board to work together with the Martha’s Vineyard Commission, the Towns of Falmouth, Oak Bluffs and Tisbury, and the City of New Bedford, and with public input, to attempt to identify reasonable steps that can be taken to address issues and concerns about freight and other traffic in each of those communities on a long-term basis. Promptly after the Task Force was established, the SSA’s General Manager, Robert B. Davis, designated himself and the SSA’s Counsel, Steven M. Sayers, to be the SSA’s representatives on the Task Force, and sent invitations to all of the communities asking them to participate in this endeavor and designate their representatives on the Task Force. Also, on January 21, 2020, the SSA’s Board unanimously voted to include representatives of the Dukes County Commissioners on the Task Force as well.

On December 16, 2019, the Falmouth Select Board appointed Falmouth Selectman Douglas C. Brown and a town employee to be determined by Falmouth Town Manager Julian M. Suso to be their representatives on the Task Force. The Tisbury Select Board then asked Messrs. Davis and Sayers to attend their January 29, 2020 meeting to discuss the purpose of the Task Force and to answer any questions they might have. After that discussion, the Tisbury Select Board decided to seek volunteers to serve as Tisbury’s representatives on the Task Force and advertised the availability of these positions on the Town’s website, asking Tisbury residents to submit their letters of interest by March 23, 2021. Similarly, the Oak Bluffs Board of Selectmen asked Messrs. Davis and Sayers to attend their February 25, 2020 meeting to discuss this subject, after which they too agreed to appoint two representatives to the Task Force.

Unfortunately, on March 10, 2020, Governor Charlie Baker declared a state of emergency due to the COVID-19 pandemic and the efforts of all public officials on Martha’s Vineyard were overwhelmingly devoted to ensuring the immediate health and safety of their residents rather than long-range transportation planning. Similarly, the SSA was confronted with an unexpected challenge to remain financially afloat amid a precipitous drop in traffic levels while at the same time developing and implementing new operational measures to address the dangerous health risks posed by the virus. Nevertheless, while it may have taken longer than the petitioners desired, in June and July 2020, the Dukes County Commissioners appointed Leon Brathwaite and Keith Chatinover as their representatives on the Task Force, the Martha’s Vineyard Commission appointed Doug Sederholm and Jim Vercruysse, and the Tisbury Select Board appointed John Cahill. As a result, the Task Force now has a quorum of appointed representatives who are prepared to work collectively in their attempt to identify and develop long-term solutions for the communities’ regional transportation issues.

C. Meanwhile, the SSA is continuing to attempt to find practical ways to mitigate noise generated by its Woods Hole ferry service that can be implemented sooner rather than later.

While the SSA envisions that the Task Force will present the best opportunity to identify and develop long-term solutions for the communities’ traffic problems, it has attempted on its own to identify and implement feasible measures to mitigate the noise and other issues experienced by Falmouth residents due to the SSA’s Woods Hole ferry terminal operations. Indeed, for the last several years the SSA has taken a number of actions to reduce the noise generated from the early morning operations at its Woods Hole terminal, which are described in the SSA’s August 15, 2017

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Section 15A Report, its October 17, 2017 Section 15A Report, and its October 15, 2019 Section 15A Report.

Nevertheless, at the September 9, 2019 hearing on the SSA’s proposed 2020 Summer Operating Schedules, Falmouth residents made it clear that the SSA’s efforts to mitigate noise from its ferry operations were not enough. In response, on October 15, 2019, the SSA established another working group (the “Working Group”) with the Martha’s Vineyard Commission and the Towns of Falmouth, Oak Bluffs and Tisbury to focus exclusively on identifying and developing reasonable and practical ways to monitor and enforce compliance with the SSA’s current noise mitigation policies as well as identifying and developing additional ways to mitigate traffic issues arising from the SSA’s Woods Hole ferry terminal operations which can be implemented sooner rather than later.

Promptly after the Working Group was established, the SSA’s General Manager, Robert B. Davis, designated the SSA’s Director of Shoreside Operations, Alison Fletcher, and the SSA’s Counsel, Steven M. Sayers, to be the SSA’s representatives on the Working Group, and sent invitations to all of the communities asking them to participate in this endeavor and designate their representatives on the Working Group. Also, on January 21, 2020, the SSA’s Board unanimously voted to include a representative of the Dukes County Commissioners on the Working Group Force as well. On December 16, 2019, the Falmouth Select Board appointed Falmouth Selectman Douglas H. Jones and Woods Hole resident Nathaniel Trumbull to be their representatives on the Working Group. Then, in January and February 2020, both the Tisbury Select Board and the Oak Bluffs Board of Selectmen similarly agreed to appoint their representatives to the Working Group; but, again, those appointments were delayed during the state of emergency that Governor Charlie Baker declared on March 10, 2020 due to the COVID-19 pandemic.

In February 2020, even though the island communities had not yet appointed their representatives to the Working Group, the SSA and Falmouth Working Group members began working together to attempt to find ways to mitigate traffic and noise issues arising from the SSA’s Woods Hole ferry terminal operations. This work has included: Discussing with Martha’s Vineyard freight truck driver Steve Araujo noise and other traffic issues associated with freight trucks traveling on Woods Hole Road. Discussing with Falmouth Police Chief Edward Dunne possible ways how the Town of Falmouth can enhance enforcement of both the speed limit on Woods Hole Road and the no idling law on the SSA’s Woods Hole terminal property. Preparing and sending out a revised version of the SSA’s periodic letter to its regular freight customers, advising them that the SSA will be strictly enforcing its terminal traffic and noise mitigation policies and that they will forfeit their reservations if any of their drivers intentionally or repeatedly violate them. In the letter, the SSA also advises its freight customers that, in the future, freight carriers will not be allowed to make reservations for early-morning trips to or from Woods Hole for any truck that has a record of excessive noise on Woods Hole Road, whether the noise is due to the driver’s use of the truck’s Jake brakes or due to the truck’s age or lack of proper maintenance.

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Posting new signs at the Woods Hole terminal telling people that the idling of engines in violation of the Massachusetts General Laws is prohibited and also telling them what the penalties are for violating the law. Creating a new SSA email address to receive emails from the public with specific complaints about excessive noise and traffic issues in Woods Hole due to the SSA’s ferry operations. That new email address is [email protected]. Adding “Woods Hole Traffic” to the list of subjects on the SSA’s Customer Feedback webpage about which the public can contact the SSA via its website. Having the SSA’s Operations and Communications Center monitor the Woods Hole terminal early in the morning to see if any trucks arrive at the terminal earlier than they are allowed. That information is provided to the SSA’s Director of Shoreside Operations, Alison Fletcher, who is then responsible for contacting the freight customer to ensure their compliance with the SSA’s allowed arrival times for the Woods Hole terminal. Adding language to the SSA’s vehicle reservation confirmation emails asking all of the SSA’s automobile and freight customers to obey all posted speed limits and all other traffic laws, signs and restrictions, and to drive at all times in a safe and courteous manner towards other drivers, bicyclists, pedestrians and residents of the SSA’s surrounding communities.

In June and July 2020, the Dukes County Commissioners appointed John Cahill as their representative on the Working Group, and the Martha’s Vineyard Commission appointed Mike Mauro. As a result, the Working Group now has a quorum of appointed representatives who are prepared to continue working collectively on attempting to find more short-term measures that can be taken to mitigate noise and traffic issues arising from the SSA’s Woods Hole terminal operations.

D. The SSA would like to address specific issues and questions that were raised by Woods Hole/Falmouth residents in their testimony.

At the public hearing and in their written testimony, several Woods Hole/Falmouth residents raised specific issues and questions to which the SSA believes it should respond. They are as follows:

The most frequent complaint raised by Woods Hole/Falmouth residents is their perception that the SSA has failed to take any steps to supplement its Martha’s Vineyard freight route with an additional mainland port, such as New Bedford, which could be used for the transport of non-time-sensitive goods (e.g., gravel, stones, bark mulch, trees, construction and demolition materials, trash and recyclables) and large freight trucks. But the SSA anticipates that the possibility of increasing the amount of freight service to Martha’s Vineyard from New Bedford or another mainland port will be one of the topics explored by the Task Force as it investigates how the SSA will be able to accommodate the island’s anticipated future traffic demands. Moreover, there already is a private company, Tisbury Towing & Transportation, Inc., that provides freight service for bulk, break-bulk and containerized cargoes to Martha’s Vineyard from New Bedford by barge. In addition, in April 2016, the SSA issued a preliminary report on the feasibility of freight service between

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New Bedford and Martha’s Vineyard, in which it identified various alternatives for such a service, described how each of those alternatives would address the concerns and needs of the traveling public and each of the SSA’s interested constituent communities (Martha’s Vineyard, New Bedford and Woods Hole), and presented for further investigation and development a proposed potential model for the service that the SSA believes has the greatest chance of success over the long term. The SSA then hired Craig Johnson of Flagship Management to further explore the possibility of a freight ferry service between New Bedford and Martha’s Vineyard that would be operated by a private vessel operator. In August 2017, Mr. Johnson issued his initial report in which he concluded that a private ferry operator could successfully provide a freight ferry service between New Bedford and Martha’s Vineyard consistent with the SSA’s proposed service model. See the SSA’s August 15, 2017 Section 15A Report, at pp. 32-34 and Appendices G & H; and the SSA’s October 17, 2017 Section 15A Report, at pp. 18-28 and Appendix E.

Several Woods Hole/Falmouth residents observed that the SSA was able to operate prior to 2012 without a 5:30 a.m. ferry and they therefore questioned why the 5:30 a.m. ferry is essential today. In short, the 5:30 a.m. freight trip is necessary because the island’s summer transportation demands have increased substantially since 2011, as shown by the 21% increase from 2011 to 2019 in the number of trucks carried by the SSA to and from Martha’s Vineyard during the months of June through September. The SSA also notes that it has addressed this issue in detail in both its October 17, 2017 Section 15A Report and its October 15, 2019 Section 15A Report. Those reports demonstrated how all of the SSA’s trips from early morning through late afternoon effectively have operated at full capacity over the past few years during the summer season to the point where scheduling the 5:30 a.m. ferry was the only way to ensure that all freight shippers carrying goods to Martha’s Vineyard are able to travel to and from their island destinations during their drivers’ regular working hours.

Woods Hole resident Nathaniel Trumbull has stated that the SSA has only made “some minor changes in recent years to the length of the trucks allowed on the 5:30AM ferry,” noting that only trucks that are less than 40 feet in length are allowed on that boat. The SSA does not consider this change to be a minor one, as it has imposed significant restrictions on how the SSA can load not just the 5:30 a.m. ferry, but all of its later ferries, in the most effective manner, and the principal reason for this limitation on the length of trucks that can travel on the 5:30 a.m. ferry is to reduce the amount of early-morning noise in Woods Hole. As the SSA described in its October 17, 2017 Section 15A Report, at pp. 34-36, the noise from an automobile traveling at 30 miles per hour (which may be around 62 decibels) is less than the noise from a medium (box) truck traveling at the same speed (which may be around 73 decibels), which in turn is less than the noise from a large truck (tractor trailer or tanker) also traveling at the same speed (which may be around 80 decibels).5 Further, the box trucks carried on the 5:30 a.m. ferry are not equipped with

5 Sound levels are a measure of pressure in air from its source to the surroundings, and are measured in decibels. Because the decibel scale is a logarithmic scale, changes in sound levels are not linear and sound levels cannot be added by ordinary arithmetic means. The intensity or “power” of a sound doubles roughly every 10 decibels. 17 of 19

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engine compression brakes (so-called “Jake brakes”), which create even more noise when used on Woods Hole Road.

Mr. Trumbull also reported that a citizens group had monitored truck traffic on the 5:30 a.m. freight ferry over a 10-day period from June 17 through June 26, 2020 and observed numerous times that trucks arrived at the Woods Hole terminal prior to the permitted time of 5:10 a.m. and were allowed by the SSA to check in. In response, the SSA notes that the 10-day period monitored by the citizens group began on June 17, 2020, the first day of the 5:30 a.m. freight trip this year. The SSA had decided to implement an initial educational approach towards truck drivers who arrived early for the 5:30 a.m. trip, handing each of them a copy of the letter it had sent to its regular freight shippers advising them of the SSA’s terminal traffic and noise mitigation policies. Then, on June 24, 2020, the SSA began emailing the freight shippers’ dispatch offices directly whenever one of their drivers arrived early. The freight shippers repeatedly apologized and assured the SSA that they would work with their drivers to make sure that they adhered to the allowed arrival times. They also expressed some confusion over the allowed arrival time for the 5:30 a.m. ferry because the SSA’s standard vehicle confirmation email instructs all of the SSA’s customers to arrive at least 30 minutes prior to sailing to guarantee their space. To dispel this confusion, the SSA created a “Confirmation Reminder” email that is now sent to all freight shippers with reservations for trips from Woods Hole to Martha’s Vineyard telling them what the allowed arrival times are for the Woods Hole terminal.6 Since then, truck drivers’ compliance with the SSA’s allowed arrival times has vastly improved and there is now

6 The email states (with the language that the SSA added after it resumed operating its originally scheduled 6:45 a.m. trip on August 10, 2020 in brackets):

Trucks (whether traveling with reservations or on standby) are prohibited from arriving at the Woods Hole terminal prior to 6:30 a.m., except as follows: x Trucks with reservations for the 5:30 a.m. trip may arrive at the terminal beginning at 5:10 a.m. x Trucks with reservations for the 6:00 a.m. trip may arrive at the terminal beginning at 5:30 a.m. x Trucks with reservations for the 6:30 a.m. [and 6:45 a.m.] trip[s] may arrive at the terminal beginning at 6:00 a.m. x Trucks with reservations for the 7:00 a.m. trip may arrive at the terminal beginning at 6:15 a.m. Trucks that arrive at the Woods Hole terminal earlier than the above times will not be allowed to travel on standby that day and/or may forfeit their reservations. Please refer to the "Shippers Letter" that was mailed out at the beginning of the season for more information. Once arriving at the terminal, do not idle your vehicle longer than five (5) minutes in accordance with the Massachusetts Anti-Idling Laws. Shippers who idle their vehicles unnecessarily will be asked to leave the terminal and will forfeit their reservation. 18 of 19

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seldom a day when a regular freight shipper with a reservation on the 5:30 a.m. ferry arrives at the Woods Hole terminal prior to 5:10 a.m., even by a few minutes.

Mr. Trumbull also provided the SSA with the citizens group’s second report in which it described the observable contents of the goods and materials shipped on the trucks that took the 5:30 a.m. freight trip over an 8-day period from June 17 through June 24, 2020, saying that 44 of the 87 trucks transported on the 5:30 a.m. ferry over that period were carrying no food at all and that the goods they were carrying included “such non-time sensitive items as stones, landscaping materials and equipment, and lumber.” Based upon this report, Mr. Trumbull has challenged the SSA’s position that the majority of goods and materials carried on the 5:30 a.m. freight trip are essential within that time frame. The SSA respectfully disagrees. First, based on the SSA’s records, more trucks carrying food traveled on the 5:30 a.m. freight trip from June 17 through June 24, 2020 than are listed in the citizens group’s report, and a substantial number of additional food trucks traveled on that trip the last two days of the citizens group’s 10-day study (June 25 and 26, 2020) that were not included in their second report. But more importantly, food is not the only commodity that is essential to the island and its residents’ quality of life. In addition to carrying food trucks on the 5:30 a.m. ferry, the SSA carries common carriers (e.g., Federal Express and U.P.S.), home products and appliance supply trucks, independent trades and services (e.g., plumbing, electrical and landscaping), and mail and newspaper delivery trucks. All of these freight shippers are providing necessaries of life for the island and need to travel as early as possible in the morning (because there is often no space for them later in the day) to ensure that they can make all of their multiple deliveries, or get in close to a full day’s work, or provide the public with their mail and daily newspapers. See Town of Bourne v. Plante, 429 Mass. 329, 333 (1999) (“The plaintiffs would have us conclude that the Authority has only a narrow governmental purpose which must focus solely on the needs of the permanent residents and economies of Martha's Vineyard and Nantucket and not on the needs of summer residents, tourists, and others who make use of the Authority's services. This interpretation is based on a stunted reading of the Authority's enabling legislation and overlooks pertinent precedent.”).

Finally, Woods Hole resident Roberta Brooks has asked whether the SSA provides Falmouth taxpayers with discounted or free tickets to travel to Martha’s Vineyard. In response, the SSA notes that senior citizens (age 65 or older) who are year-round Falmouth residents are eligible for a senior citizen passenger fare, which is 50% of the regular adult passenger fare. Eligible senior citizen Falmouth residents can contact the SSA’s Group Sales office at [email protected] to request an application.

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Petition to Steamship Authority for Public Hearing on Proposed Schedules in 2021

May 29, 2020

Dear Steamship Authority General Manager Robert Davis,

Following submission of 50 signatures from Falmouth residents and a public hearing on August 26, 2019, the Steamship Authority Board voted to approve the "Report Issued

Operating Schedules" in October 2019. (1) The Report stated that a Long-Range Vineyard Transportation Task Force (2) would begin to function as a response to the Steamship Authority's decision on the public hearing.

The Task Force was supposed to address a wide range of transportation impacts (3) raised by residents during the August 26, 2019 public hearing.

Has the Long-Range Vineyard Transportation Task Force begun to meet? Have ce? Have any recent steps been undertaken to approach New Bedford or other mainland ports about the possibility of serving as a supplemental port for non-time-sensitive freight (for example, bulk construction materials, bulk landscaping materials, construction and demolition waste, single stream recyclables) for shipping to and from create a regional transportation plan to help mitigate impacts in Bourne, Falmouth, and other communities in southeastern Massachusetts?

Our information is that the Task Force has not yet been formed.

We find it unacceptable on the part of the Steamship Authority that it is proposing a 5:30AM freight schedule from Woods Hole terminal for 2021 before the Long-Range Vineyard Transportation Task Force has begun to function. We request that the Steamship Authority postpone approval of a 5:30AM freight schedule from Woods Hole terminal (as in the past, we object to the SSA-related large trucks traveling to the 5:30AM ferry that wake up Falmouth residents beginning at 4:45AM and earlier; we do not object to cars on that ferry) until a future date when the Long-Range Vineyard Transportation Task Force is functioning as the Steamship Authority promised in its Report eight months ago.

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We request that you conduct a public hearing, to be held within 14 days of receipt of this petition, on Steamship Authority proposed operating schedules for 2021, per Section 15A of the SSA Enabling Act.

Sincerely,

1 Arden Edwards 353 Woods Hole Road, Falmouth, MA 02540 2 Nina Levinthal c/o Flora Schiminovich, 7 Hilton Ave., Woods Hole 3 Laura Hastings 18 Spencer Baird Road, Woods Hole, MA 4 Jennifer Hastings 18 Spencer Baird Road, Woods Hole, MA 02543 5 Jan Elliott PO Box 598 Woods Hole MA 02543 6 Ann Newbury PO Box 724, Woods Hole MA 02543 7 John E. Dowling 106 Ransom Road, Falmouth 8 Patricia Tucker 1 Buzzards Bay Ave., Woods Hole 9 Camilla King 16 Butler St, Woods Hole 10 Peter Shile 25 Gardiner Road, Woods Hole, MA 03543 11 Anne D. Halpin 319 Woods Hole Rd. Falmouth 02540 12 Richard Lovering 338 Woods Hole Rd, Falmouth MA 02540 13 Stephen Gellis 24 Spencer Baird Rd Woods Hole 14 Elizabeth Farnham 101 Stoutenburgh Lane 15 David Hastings 18 Spencer Baird Rd. Woods Hole MA 16 Judith G. Stetson 261 Quissett Ave., Woods Hole, MA 02543 17 Jane E. Atwood 41 High Street, Woods Hole MA 02543 18 David Tucker 1 Buzzards Bay Avenue, Woods Hole, MA 02543 19 Bonnie Simon 144 Gardiner Rd., Woods Hole 20 Paul Lobo 114 Ships Watch Falmouth 21 Penelope McGill 8 Quissett Harbor Rd. Falmouth 22 Joseph Klimek 8 Quissett Harbor Rd. Falmouth 23 Hannah Coppola 40 Eric Clauson Lane, Falmouth, MA 24 Judith L. Day 55 Larches Way, PO Box 717, Woods Hole, MA 02543 25 Kate N. Day 5 Bowditch Road, Woods Hole MA 26 Russell G Murphy 5 Bowditch Road, Woods Hole 02543 27 Philip L Richardson 146 Church Street, Woods Hole, MA 28 Trina 19 Standpipe Hill Rd, Woods Hole, MA 02543 29 Bronwen Polloni 24 Sumner Street, Woods Hole 30 Walt Schanbacher 14 Cowdry Road, Woods Hole, MA 02543 31 Gerald J Fine 21 Church Street, Woods Hole 32 Catherine Bumpus 45 Millfield St Woods Hole, MA 02543 33 Nan Schanbacher 14 Cowdry Rd, Woods Hole, MA 02543 34 James Mavor 19 Standpipe Hill Rd, Woods Hole, MA

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35 John Bruce 14 School St., Woods Hole 36 Jonathan Goldman 12 Sidney Street, Woods Hole 37 Nicole Goldman 12 Sidney Street, Woods Hole, MA 02543 38 Wendy Nies 39 Eugenie Kuffler 49 Gosnold Road, Woods Hole 02543, MA 40 Rebecca Truman 3 Little Harbor Road, Woods Hole 41 Julia Leshin 59 Church Street, Woods Hole MA 02543 42 Barbara Jones 38 Locust St, Falmouth, MA 02540 43 Suzanne Kuffler 49 Gosnold Road, Woods Hole 44 Richard Balkin 3 Oyster Pond Rd 45 Valerie Walbek 32 Buzzards Bay Avenue 46 Susanna McKenna 90 Woods Hole Rd. 47 Gregory Wozena 296 Woods Hole Rd., Falmouth, MA 48 Shirley Wozena 296 Woods Hole Rd, Falmouth, MA 02540 49 Nan Logan 482 Woods Hole Road 50 Alberto Collasius jr 11 Juniper Point Rd 51 Damien Kuffler 49 Gosnold Rd., Woods Hole, MA 02543 52 Diana Roth 42 Glendon Road, Woods Hole

Margaret 53 McCormick 44 Quissett Ave, Woods Hole MA 02543 54 Kristin Alexander 101 Cumloden Drive, Falmouth, MA 02543 55 Andrew R Solow 44 Quissett Ave, Woods Hole MA 02543 56 Elena Trumbull 11 Church St., Woods Hole MA 02543 57 Nat Trumbull 11 Church St., Woods Hole MA 02543 58 John Woodwell 64 Church St., Woods Hole MA 02543

(1) See https://www.steamshipauthority.com/writable/versioned downloadable forms/p ath/report - proposed 2020 summer operating schedules - final.pdf

(2) The purpose of the Long-Range Vineyard Transportation Task Force ("Report," pg. 15) is "to identify reasonable steps that can be taken to address issues and concerns about freight and other traffic in each of those communities [Falmouth, Oak Bluffs, Tisbury, and New Bedford]."

(3) For photographs of those and other impacts, see www.woodshole.net

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Steve Sayers

From: Douglas Amon > Sent: Saturday, June 13, 2020 10:19 AM To: schedules Subject: Steamship Traffic

WARNING: This email originated from outside of The Steamship Authority. Please use CAUTION when clicking links, opening attachments, or providing information unless you recognize the sender and know the content is safe. on Woods Hole Road. PLEASE ask your BUS drivers to slow down from the Quissett lights to Woods Hole. 40 MPH NOT 50 Thank You. Doug Amon 8 Quissett Avenue Woods Hole

Sent from my iPhone

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Steve Sayers

From: Carissa April < > Sent: Thursday, June 18, 2020 1:29 PM To: schedules Subject: Concern with ferry schedule

Greetings, We have noticed so much noise with large trucks going to and from SA terminal in Woods Hole. We live along Woods Hole Rd, set back from the road. When we are in our yard, driveway or garden, or we are outside on our deck, the noise from the trucks is so loud we have to stop our conversations to let them go by so we can be heard. Lately, there has also been more jake-breaking than ever, not sure why that change. We are very concerned with the additional freight traveling these roads and the noise and wear and tear they bring. We urge you to please consider alternate routes for getting freight to the island.

Thank you. Ron & Carissa April Woods Hole, MA

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Steve Sayers

From: Jane Evelyn Atwood > Sent: Tuesday, June 16, 2020 9:32 AM To: schedules Subject: schedule Woods Hole

Please cut back the number of early morning trips that are the cause of noise and clog the main road with huge trucks that have no business being in little Woods Hole. This kind of cargo should leave from New Bedford or another similar port that is more appropriate for freight. I am part of a family who is a property owner in Woods Hole, as my parents were before. Jane Evelyn Atwood

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Steve Sayers

From: B J Atwood-Fukuda < > Sent: Wednesday, June 17, 2020 5:26 AM To: schedules Subject: freight traffic in Woods Hole

As property owners in Woods Hole for thirty years—one of us a lifetime summer resident—we're adding our voices to the chorus of protest against the use of our village as a freight corridor. These trucks are noisy, dangerous, and unwelcome, and there is absolutely no need for them to pass through here. The proper departure point for freight to the Vineyard is not our small village, but a city (with ferry service also in place) that accommodates such traffic routinely, such as—yes---New Bedford. Respectfully, B J Atwood-Fukuda and Koichi Fukuda Woods Hole

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Steve Sayers

From: Bob Bennett < > Sent: Saturday, June 13, 2020 6:04 PM To: schedules Subject: Trucks on Woods Hole Road

As a resident of Falmouth, living just off Woods Hole Road, I urge you to delay using Woods Hood Road for large trucks for early morning runs. We can hear the traffic on Woods Hole Road already (we are on Sippewissett Rd) and this traffic will wake us up before 5 am every morning.

Thanks, Bob Bennett, Sippewissett Road Falmouth, MA

Thanks, Bob

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Steve Sayers

From: Sent: Friday, June 19, 2020 8:50 PM To: schedules Subject: Steamship Authority traffic issues on Woods Hole Rd.

I’m sending this to highlight what happens at our house in the early morning as the trucks travel down Woods Hole Road on their way to the ferry at Woods Hole. Our house is on the corner of Woods Hole Road & Ransom Road. The early morning truck traffic wakes us up every every morning with the trucks downshifting through their gears to come to a stop at the traffic signal at Oyster Pond Road & Woods Hole Road. In addition to the noise the whole house vibrates when they apply their air brakes. We’ve had issues with nail pops and cracking tile grout due to the constant vibrations.

We totally understand the need for trucks supplying March’s Vineyard but are still puzzled why these trucks cannot use the ferries out of the commercial port at New Bedford. In addition to the noise we also contend with litter, and the slaughter of the abundant wildlife that live in our area and move around in the early morning. Not a day goes by that some dead animal does not turn up on the read.

Thank you for your attention to these concerns.

I Sent from my iPad

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Steve Sayers

From: Gerry Fine < > Sent: Monday, June 15, 2020 8:55 AM To: schedules Subject: Steamship Traffic in Woods Hole

I remain concerned about early morning truck traffic in Woods Hole and along Woods Hole Road, especially due to safety issues, and ask for reconsideration of the 5:30AM freight ferry.

And, just to reassure Commissioner Todd, I am a Falmouth resident.

Best,

Gerry Fine

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Steve Sayers

From: Meg & Ted < > Sent: Saturday, June 13, 2020 12:32 PM To: schedules Subject: To much freight going via Woods Hole to the Vineyard

Dear Steamship Authority Board of Governors,

I ask that you not ignore our concern.We have personally worked trying to alleviate these problems for thirty years and have never gotten anywhere.So we write again asking to please hear our concerns. Years ago, former Falmouth Fire Chief Peck showed a film of a gas tanker flipping over into a Virginia neighborhood similar to the Falmouth/Woods Hole neighborhoods the tankers drive through very early in the morning.All the houses in the neighborhood caught fire; a tragedy that our community would like to avoid.Our hands are tied without your acknowledgment of this problem. Please, no more ignoring this reality. Children stand by the edge of these roads waiting for their school buses.It’s dangerous and you know it and it is your responsibility to change things. Sincerely, Ted and Meg Fitzelle

೓

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GoldmanArts com ______instagram com/jon goldman studio facebook com/goldmanarts

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Steve Sayers

From: John Gore > Sent: Saturday, June 13, 2020 1:08 PM To: schedules Subject: Truck menace on Woods Hole Road

I am writing to express my concerns about the traffic, particularly the increasing number of large trucks, that are ruining the quality of life for residents of Woods Hole, especially those who border Woods Hole Road. There is an urgent need to reduce the number of vehicles in total, the number that operate outside normal waking hours, but also the speed and noise of ALL trucks that use the ferry.

I own a house in Woods Hole near the junction of Woods Hole Road and Church Street. It was built in 1923 and so is “non-conforming” with modern setbacks, and was built before the modern road was widened and open to high volume traffic. It is consequently very close to the road and directly exposed to the noise, fumes and disturbance of traffic entering the port, more than most others. Our chief complaint is that drivers show no restraint at entering a heavily populated area, they disobey speed limits, they belch black fumes and emit horrendous noises (brakes and gears especially) even in the wee hours when others are asleep. Our front bedroom is unusable, especially in summer when the traffic is highest and windows are open. My other major concern is the inherent danger to pedestrians and homes from the sheer speed and mass of trucks entering and leaving the port. As they ascend Woods Hole Road and cross Inner Harbor they accelerate up the incline at maximum thrust, crashing through their gears and again emitting noise and fumes. This continues with increasing engine roars all the way at least to the level section before the turn off to Nobska Road. Coming into town they make the last turn just before Nobska at high speed and then rapidly decelerate, crashing loudly through their gears, emitting loud noises from the engine throttling and their brakes. A slight error would readily cause trucks to crash into the houses on the side of the road, a catastrophe waiting to happen when the roads are slick or the drivers are tired. The difference to the truckers of going more slowly, more quietly and with less menace cannot be more than two minutes if we instituted strict traffic calming zones and insisted on slower, quieter, calmer behaviors instead of macho aggression. But the impact on the environment and enjoyment of the village of Woods Hole for many of the residents and visitors would be huge.

I look forward to learning more about plans to abate the nuisance of the traffic in my neighborhood.

Sincerely Dr. John C.Gore 530 Woods Hole Road

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Steve Sayers

From: John Grande, Town Administrator Sent: Thursday, June 11, 2020 2:02 PM To: Steve Sayers Cc: [email protected]; James Rogers; [email protected] Subject: FW: Petition to Steamship Authority from Woods Hole residents and hearing on 11 June at 430PM

Sent from Mail for Windows 10

John “Jay” W. Grande, Town Administrator Town of Tisbury 51 Spring Street, P O Box 1239 Vineyard Haven, MA 02568

(O) 508-696-4203

From: John Grande, Town Administrator Sent: Wednesday, June 3, 2020 1:09 PM To: James Malkin; James Hagerty; Robert Whritenour; Tim Carroll; Jennifer Rand; Jeff Town Maddison Subject: RE: Petition to Steamship Authority from Woods Hole residents and hearing on 11 June at 430PM

Hello

Last year the Steamship Authority held a public meeting in the Falmouth High School at the request of Woods Hole Residents. Feels like less than a year ago. Island representatives came over along with several citizens to indicate the necessity for having the early morning vessels. I believe the SSA Board at the time took a vote and/or voice consensus concerning the schedule in agreement with interested parties that supported the retaining the early boat(s). Not sure of the entire agenda, but could not login. Bob Davis should have letters from Oak Bluffs and Tisbury which were entered into the record from the prior meeting. I do not think it is fair to us to come out again to defend something that was thoughtfully considered and decided, if that is what is proposed.

Jay

Sent from Mail for Windows 10

John “Jay” W. Grande, Town Administrator Town of Tisbury 51 Spring Street, P O Box 1239 Vineyard Haven, MA 02568

(O) 508-696-4203

From: James Malkin Sent: Tuesday, June 2, 2020 4:06 PM 1

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To: James Hagerty; Robert Whritenour; John Grande, Town Administrator; Tim Carroll; Jennifer Rand; Jeff Town Maddison Subject: Petition to Steamship Authority from Woods Hole residents and hearing on 11 June at 430PM

Dear Towns:

The attached webpage is a copy of a petition by 50+ Woods Hole residents to the SSA regarding the 2021 proposed schedule. There will be a Zoom public meeting on this petition on June 11 at 430 - notices will be sent to the papers. Please make your BOS aware of this petition and request that someone from your town attend to present your views.

Essentially, the petition asks to eliminate early morning truck schedules to MV, to approach New Bedford or other posts to serve for construction materials, landscaping materials, waste and recyclables and to mitigate impacts in Bourne, Falmouth and other communities in SE Mass.

I am sure you are aware of our islands needs and the potential impacts of these elements in the petition on costs and operations.

As a Board Member, I will be observing. It will be helpful for the island to make views known.

Thanks -

https://remote.steamshipauthority.com/owa/,DanaInfo=ssaadmcas3.steamshipauthority.com,SSL+attac hment.ashx?attach=1&id=RgAAAABcXhcKKa6dSabHZsoMxGr0BwCdESlK4kPbSpoq5YvTfVqXAAAAAAEM AACdESlK4kPbSpoq5YvTfVqXAAA4QWO6AAAJ&attid0=EACwF615IIzqT70+oRJatNAS&attcnt=1

Stay safe, wash and distance -

JMM

Everything returns to the Earth - either as food or as poison

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Hello,

I want to inform you that a petition has been submitted to the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority by no fewer than 50 Falmouth residents who have requested a public hearing on the proposed 2021 Winter, Spring, Summer and Fall Operating Schedules. Specifically, the request objects to the inclusion of the 5:30 a.m. freight trip from Woods Hole on the schedules before the Long-Range Vineyard Transportation Task Force, which the Authority Board voted to approve at its October 15, 2019 meeting, is formed and begins to function.

Pursuant to the Authority’s Enabling Act, a public hearing will be held at 4:30 PM Thursday, June 11, 2020 via Zoom videoconferencing. The public may participate in the meeting, including offering testimony, by going to zoom.us and using meeting ID 895 6301 9690. Participants can also use the same meeting ID and join telephonically by calling one of the following numbers: (669) 900-6833, (346) 248-7799, (929) 436-2866, (253) 215-8782, (301) 715-8592, or (312) 626- 6799.

You can find more information on the hearing here: https://www.steamshipauthority.com/about/news.

Thank you.

Bob

Robert B. Davis General Manager Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority 228 Palmer Avenue Falmouth, Massachusetts 02540 508-548-5011 ext. 200

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Town of Tisbury Office of the Town Administrator 51 Spring Street, P.O. Box 1239 Vineyard Haven, MA 02568 (Tel. 508-696-4203)

August 19, 2019

Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority Board P.O. Box 284 Woods Hole, MA 02543

Robert R. Jones, Chairman Marc N. Hanover, Vice Chairman Kathryn Wilson, Secretary Moira E. Tierney Robert F. Ranney

Re: Reduction in Service to the Island of Martha’s Vineyard

Dear Members of the Board:

We recently learned of a pending request before you to eliminate the 5:30 a.m. ferry service to the island. The Tisbury Selectmen adamantly oppose any reduction in service.

The Town of Tisbury is the year-round port for the Island of Martha’s Vineyard for the transit of passengers, freight and vehicles. Our residents, businesses and daily commuters rely on the early morning boats for our workforce, daily deliveries and to meet medical appointments off island. Eliminating or reducing the morning ferry service from and to Woods Hole, and specifically the 5:30 a.m. ferry service to the island, will have a substantial adverse impact on the island. The reduction in ferry service will increase traffic congestion on island, impede public transit service provided by the Vineyard Transportation Authority and unnecessarily prevent the smooth and timely flow of goods and services to the island.

The Steamship Authority provides an essential service for the island towns. This essential service cannot be met with an elimination or reduction in service. We believe the current schedule for ferry service provided by the Steamship Authority is just meeting the minimum needs of the island.

Sincerely,

John Grande, Town Administrator

Cc. Robert B. Davis, General Manager George J. Balco, Port Council Chairman

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Steve Sayers

From: Dawna Hammers < Sent: Sunday, June 14, 2020 12:09 PM To: schedules Subject: No 5:30 freight boat!

Dear Steamship Authority, I’m greatly concerned a 5:30 freight truck boat will bring too many big, noisy, polluting and dangerous trucks traveling too fast down Woods Hole Rd too early in the morning into precious, quaint, historic Woods Hole. This will be both very disturbing to hard working residents As well as dangerous due to the many oil and gas trucks traveling on icy roads. There’s no great need for this, just capitalistic greed and overdevelopment. PLEASE STOP THIS FROM HAPPENING! Thank you very much, Dawna

Sent from my iPhone

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Steve Sayers

From: Dawna Hammers < > Sent: Wednesday, June 10, 2020 9:43 PM To: schedules Subject: Freight trucks

Dear Steamship Authority, The amount of increased freight trucks that you are proposing to have go up and down Woods Hole Rd is LUDICROUS!

As it is there are too many cars and trucks racing beyond the speed limit everyday let alone more.

Woods Hole is too small and too precious. We expect that you respect and protect the people who live and work here at all costs.

We all need to simplify and downsize for the health of the people and the planet NOW.

I also speak on behalf of the endangered encroached upon wildlife that live in this area... turkeys, deer, fox, coyotes etc.

Noise pollution is real and adds to stress and air pollution leads to more cases of COVID cases!

PLEASE STOP THIS DESTRUCTION & TURN THIS SHIP AROUND!

Dawna Hammers 326 Woods Hole Rd

Sent from my iPhone

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Steve Sayers

From: Marko Horb < > Sent: Thursday, June 11, 2020 1:08 PM To: schedules Subject: Traffic issues

Dear Steamship Authority, I received a letter in the mail from one Nat Trumbull asking me to sign a petition in regards to "concerns about Steamship Authority traffic growth". I want to state that I have no such concerns. I live on the corner of Woods Hole Road and Mullen Way (4 Mullen way) and my bedroom window faces woods hole rd. I am not bothered by any Steamship Authority traffic and was fully aware of such traffic when I purchased the house. I want to state that as only 58 residents signed their petition this does not represent other individuals in the Falmouth/Woods Hole area who have no issues. We don't have a petition to sign since one is not needed. I have no issues with traffic using Steamship Authority since this is the main route that must be used. If I had concerns I would not have bought a house that is adjacent to Woods Hole Rd. Please be aware there are many citizens like myself who have no concerns and support the new schedule and the 5:30am addition. the volume of traffic and noise is minor.

Sincerely Marko Horb 4 Mullen Way Falmouth, MA

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Steve Sayers

From: Richard Hugus < > Sent: Saturday, June 13, 2020 11:13 AM To: schedules Subject: Comment on Steamship Authority traffic

Dear Steamship Authority Board,

Two Dukes County commissioners have questioned whether commenters on Steamship Authority traffic problems are even residents of Falmouth, I assure you that I am a resident, I own a house on Woods Hole Road, and I am opposed to the addition of a 5:30 AM freight boat to the Authority's schedule on the grounds of noise, air pollution, and safety. My mailbox is five feet from your trucks and l live in the back of my house in order to avoid noise from the road. Several times a day, trucks engine brake on the downhill by my house, and it is truly obnoxious.

The rights of Martha's Vineyard should not come at the expense of Woods Hole. If the new freight boat is so vital, I see no reason why it can't run out of New Bedford.

Richard Hugus

312 Woods Hole Rd.

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Steve Sayers

From: Suzanne Kuffler < > Sent: Sunday, June 14, 2020 8:27 PM To: schedules Subject: Scheduling matters

I support residents of Falmouth/Woods Hole who are affected by truck noise related to the 5:30 AM ferry out of WH. I cannot find a serious, convincing reason that this ferry run cannot be move up an hour or even more on a regular basis. Were the Vinyarders to seriously consider how they would like this situation themselves, no doubt dealing with slightly later delivery times would seem the most reasonable of concessions and one that can be lived with. Lack of sleep has no benefits or even remediation except for better sleep environments. I am beginning to see this matter as a sound civil rights practice. Please remove the early morning (5:30 AM) ferry. Let’s be ahead of the curve on this matter and set a good policy example for everyone. Suzanne Kuffler Woods Hole

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Steve Sayers

From: Stephen Laster < > Sent: Thursday, June 11, 2020 12:25 PM To: schedules Subject: Comments on proposed schedule

Dear Steamship Board of Governors and Mr. Davis,

As a concerned citizen of Falmouth, I am writing in deep opposition to your current and proposed schedule. I am opposed to the continuation of the 5:30 am departure from Woods Hole and request you change your schedule such the first departure is at 6:30am

As you well know, your schedule results in truck traffic down the Woods Hole Rd as early as 4:30am. Many of these trucks operate in violation of Falmouth noise ordinances and many are encouraged to stop and illegally park on the dirt siding about 1 mile out of town given your rules about entering the Woods Hole terminal. The net result of these actions, that are directly tied to your schedule, is that many of us are unable to sleep past 4:30 am. This situation is frankly unacceptable.

I must also remind you that when I bought my house on the Woods Hole Rd some 26 years ago, your operations did not cause these issues. At the time of our purchase, your company was run as a compassionate and constructive member of the Woods Hole community. You provided good jobs and were a good neighbor. Your leadership was able to balance the island and mainland needs and we were able to get a good night of sleep. I am not sure what compelled you to change and to operate under a scorched earth policy towards Falmouth. Whatever the driver, it is truly shameful that the leadership of the Steamship is unable and unwilling to work towards a compromise.

Given the state of the world today and the shakey state of the Steamship, I encourage you to take a change of strategy. I encourage you to find common ground and once again become a positive member of the larger Woods Hole community. Changing your schedule so we can sleep is the moral solution. Operating the Steamship with a view towards the total economic cost and not just financial profit and loss is the right thing to do. Building a community bridge across Vineyard Sound is the right thing to do.

Please do the right thing and change your schedule. Compromise is a true demonstration of leadership.

With Respect and Deep Concern

Stephen Laster

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Steve Sayers

From: Ann Newbury < > Sent: Saturday, June 13, 2020 11:05 AM To: schedules Subject: Traffic pressure

I am a year around resident of woods hole. The truck traffic on our village roads, the early morning noise from them and the parking on Bar Neck Road is problematic. Too many early trips of the ferries could be alleviated by bringing New Bedford facilities on line. Now is the time to keep the Woods Hole terminal at a smaller size and make a start at investing in diversification by developing New Bedford.

Your terminal development at Woods Hole is decidedly ugly and overbearing from the water and we town residents have rights to be out there.

Please consider the town you are destroying as you plot to make more money and serve people who live elsewhere.

Thank you,

Ann Newbury Woods Hole, Ma Sent from Ann Newbury

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Steve Sayers

From: David Prosten < > Sent: Saturday, June 13, 2020 3:21 PM To: schedules Subject: SSA and Woods Hole Road

Friends, we are year-round residents at Treetops, a condo development on Woods Hole Road in Falmouth, midway between the villages of Falmouth and Woods Hole, and we’re asking that the 5:30 a.m. freight run from Woods Hole be relocated to New Bedford. The truck sounds at that time of morning are just too much, and the noise is often exacerbated by the use of jake brakes (which are >always< too much, regardless of the time of day). We haven't talked to every single neighbor in our 62-home community, but each that we have discussed it with agrees there’s a problem that needs to be fixed.

Sincerely, David Prosten & Sarah Flynn 64 Landfall Falmouth

Sent from my iPad

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Steve Sayers

From: Patti Riccardelli < > Sent: Saturday, June 13, 2020 1:22 PM To: schedules Subject: Noise and traffic

I am a resident of Treetops. It is evident that there is an increase in large vehicles heading for the ferry. These noise is annoying and the traffic is even more so. I wonder if some of these vehicles might be routes through Plymouth or New Bedford. Patricia Riccardelli 84 Ships Watch Treetops

Sent from my iPhone

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To the Steamship Authority Board of Directors: We took part in the public Zoom meeting on June 11, 2020 to discuss the Authority’s proposed schedule for 2021. We did not take the opportunity to speak, as others made the same points we would have enumerated. We object to the continuation of the scheduled 5:30 AM freight run out of Woods Hole because it interferes with the quality of life in Woods Hole. Every day we are awakened at 4:30 in the morning by the trucks barreling down the Woods Hole Rd., grinding their gears as they down shift, using their jack breaks, their engines roaring, and beeping as they back into parking places to await loading. The trucks are often parked along Railroad Ave. with their engines running, spewing diesel fumes into the air for extended periods. 1. the Authority has for years violated its own Enabling Act -- which calls for the operations to benefit ALL citizens of the state -- by imposing more and more on Woods Hole with increased, traffic, noise, and pollution. The Authority has also treated Woods Hole residents with contempt for many years by pretending to hear our complaints and then making no attempt to find a mutually acceptable solution. 2. The Martha’s Vineyard contingent repeatedly makes the claim that “It is crucial, vitally important” that Vineyard merchants receive their goods first thing in the morning. Since those merchants managed perfectly well until 2012 without the early morning freight run, this is, on its face, a hollow claim. Furthermore, when the type of goods going over is examined, it turns out to be things like building & gardening materials, not something truly vital like food or medical supplies. 3. Although the Authority pretends to be considering the use of New Bedford as an alternative port from which to ship freight, they have, evidently, taken no steps so far even to study that possibility, although several individuals have undertaken studies that show conclusively that running a boat from New Bedford at a slower speed would actually save money and would not, as claimed by the Vineyard Commissioners, raise the price of everything shipped. 4. The public officials who spoke first were all Vineyard Commissioners. Although each claimed to be speaking as “private individuals” rather than as public officials (and should not, therefore have been given the first opportunities to speak), the appearance of 4 Commissioners appeared to be an orchestrated and organized show of force, with each following a script. This is no different than other public meetings to discuss the freight schedule, where the executives of trucking companies had clearly been invited for the same purpose, i.e. to provide a strong show of force to which the Authority could point to say that the numbers indicate the need for continuing to bring increasing truck traffic through Woods Hole from 4:30 AM on. 5. The traffic issues exist on both the Woods Hole and the Vineyard ends of the runs. The traffic on the Vineyard has become so congested in the summer that it makes getting around on the island very difficult, time-consuming and unpleasant. It is likely that residents of the island find the increase of traffic to be as much of a nuisance as the Woods Holers do. A point that was not

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made, but should be noted, is that Woods Hole is a single port serving 2 ports on the Vineyard. The Vineyard ports each get only 50% of the traffic that comes through Woods Hole. 6. The danger of serious accidents occurring as the trucks come barreling down the Woods Hole road cannot be exaggerated. The addition of a cross-walk on the Crane St. bridge has done little to slow traffic headed to the boats. There is no safe way to cross the Woods Hole Rd. anywhere except at the Bank. Furthermore, the speed at which the trucks take the curve at Harbor Hill Rd. is almost asking for an accident that could endanger, lives, property, and in the case of hazardous materials, serious and/or dangerous pollution. 7. The residents of Woods Hole and along the WH Rd. have been seeking solutions to the problems caused by the early-morning freight runs since the beginning. The Authority itself was aware of the potential for this disruption and was apparently cautioned initially that it might not work for Woods Hole. The final result is that it worked fine for the Vineyarders and the truckers, but not for Woods Hole, but since island has 3 times the voting power that Woods Hole has on the Board of Directors, we are the ones thrown under the bus (or perhaps more correctly, the boat). 8. A last point is that, with the redesign and construction of the new terminal and the surrounding Authority property, Woods Hole has had to endure even more noise than usual. The Authority has extended the slips so far out into the harbor, they practically block the entrance to the Eel Pond. To accommodate the third slip, they have destroyed what used to be a nice little park and have made no effort to replace it with any kind of landscaping. Furthermore, the town was assured that the third slip was for repair & maintenance only, but it is being used on a regular basis for ferrying cars and trucks. We continue to be open to honest debate and are trying in good faith to work out some of the issues, but the Authority has repeatedly turned a deaf ear and has refused, until very recently, to engage in serious discussions. Unfortunately, the Zoom meeting on June 11th appeared to be a return to the same old tactics, and we remain at odds. Thank you for the opportunity to express, yet again, our objection to the 5:30 AM freight run out of Woods Hole. Sincerely, Nan & Walt Schanbacher 14 Cowdry Rd. Woods Hole, MA 02543

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96 Locust St. Falmouth, MA 02540

June 15, 2020 Atty. Steve Sayers, Steamship Authority

Dear Mr. Sayers,

I watched the Steamship Authority hearing on Zoom last Thursday and would have offered the following comments if I had been able to find the “speak” button. Please include these comments with the other testimony concerning SSA truck traffic on Woods Hole Road and Locust Street, Falmouth.

I live in a 230-year-old house on Locust Street (the upper part of Woods Hole Road) in Falmouth. The house stands very close to the two-lane road, and it vibrates and shudders when the long trucks race to and from the Steamship Authority docks in Woods Hole. The sound is particularly alarming when these behemoths hit the two cracks in the road in front of my house. (We asked the town to fill them in January.) I’m not sure how much more stress the house and its occupants can take.

The house and others nearby are of some value to the town. They are in Falmouth’s Village Green National Historic Register district. They are on the Historical Society’s Village Green Walking Tour. We have lived here since 1983 when traffic to the island of Martha’s Vineyard was much less noticeable. Oil tankers did not use the road, trucks supplying the Vineyard were smaller and some used private freight boats from off-Cape. The quality of life on the street was pretty good.

As the Vineyard became an increasingly popular destination in the 90ies, the SSA eventually responded to the rising complaints about the traffic noise and congestion with a parking lot and busing system to reduce car traffic on the road. However, around the same time the SSA began handling all the trucks and tankers to the Vineyard out of Woods Hole. The people of Woods Hole and Falmouth have been asking the SSA to shift freight operations to New Bedford since that time.

The more recent introduction of long, long-haul trucks onto this residential street now makes it imperative for the SSA to either move freight operations to New Bedford or Bourne, or go out of the freight business. It is not fair for the SSA to destroy part of one member town to benefit another member town.

We have tried to adapt to our new living conditions. We no longer use the front rooms of our house. The back door is our front door, But now even at the back of the house, it is hard to converse outside when one of the long trucks is

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passing. Yes, we could move to another house, if we could sell this one. But because the SSA has made Locust Street a truck route, houses on the street no longer sell.

I know it takes time to resolve problems like this, but we have been talking with the SSA about the truck traffic for years. It is time for action. I offer three suggestions:

Raise SSA freight rates to make it more feasible for a private business to undertake shipping these trucks from New Bedford or some other mainland port.

Or, raise rates on the huge trucks to encourage shippers to return to using smaller trucks.

Or, explore with the Mass Maritime Academy and the Cape Cod Canal the possibility of using their docking facilities for Vineyard freight either temporarily or permanently.

At the hearing you mentioned that a special SSA-Falmouth Committee is looking at several ideas that I think would prove helpful. Please act on them.

The proposals would:

Require truckers to adjust their equipment to reduce the noise on the Woods Hole run. Start with the long Cape Cod Express trucks. There are two or three that seem to use this road once or twice a day. They are by far the noisiest on their return run when they are empty and speeding over the cracks in the road. It sounds like something large and metal is loose and crashing around in the back of the trucks. Or, possibly the connection between the cab and the van is too loose. Test the sound volume of traffic on Locust St. You are welcome to put a meter on our property. Ask the state and town to reduce and enforce speed limits on the road. I think the northbound speed limit is 25 mph, but the trucks slow down only when traffic is backed up.

And, finally, ask the state Transportation Dept. to fill the cracks in Locust Street. Sincerely,

Ann Sears

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Steve Sayers

From: Deborah Siegal < > Sent: Saturday, June 13, 2020 8:42 PM To: schedules Subject: Schedules

Dear Steamship Authority Board:

I am not a Woods Hole resident, but have lived in Falmouth for 40 years. Life for everyone I know has been increasingly and adversely impacted on a regular basis by the excess of traffic going to the Vineyard.

What has added insult to injury, however, has been the early morning truck traffic on Rte. 28 headed for the first ferry leaving Woods Hole. We live in West Falmouth, approximately 1/2 mile west of that road, and are frequently awakened at 4:30 to 5:00 a.m. in the warmer months when our bedroom windows are open.

I suspect that the hard-working, year-round residents of the Vineyard aren't the ones receiving this excess of "goods" that is so terribly important. New Bedford wants this traffic. Falmouth doesn't.

Sincerely, Deborah Siegal Richard Payne

-- This email has been checked for viruses by AVG. https://www.avg.com

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Steve Sayers

From: Sent: Saturday, June 13, 2020 11:15 AM To: schedules Subject: early boat

I'm a year-round Woods Hole resident. I also have a family home in Chilmark. I listened to the recent public meeting about the boat schedule. As I'm sure you heard, the early freight boat is a big problem here in Woods Hole. The truck noise and traffic begin around 4:30 AM and deprive residents of the right to live in peace in their homes. Many of the truck drivers flout the law by speeding and by parking illegally in the turnout on Woods Hole Road. This is not directly your fault but you could do something about it and have not. The arguments presented in favor of retaining the early boat were not persuasive. It is clearly there for the convenience of the Vineyard without due regard for the inconvenience (and worse) of Woods Hole residents. Your intransigence on this and other issues is not going to end well for the Steamship Authority. Dealing honestly and effectively with the early boat is not only the right thing to do, it is the smart thing to do.

Andrew Solow Quissett Avenue Woods Hole

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Pam and Wallace Stark

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Steve Sayers

From: Sent: Saturday, June 6, 2020 1:31 PM To: schedules Subject: public hearing on proposed schedule changes June 11

Thank you for holding a public hearing on proposed schedule changes.

Due to my personal technical limitations I cannot attend, but I would like to submit the following comment:

The early morning freight ferry from Woods Hole should be canceled, or at the very least restricted to passenger cars only. The noise and vibrations of heavy trucks barreling down Woods Hole Road into our small village should not ever be allowed until a 6:30 AM ferry at the very earliest. All of your customers should be reminded of the 40 mph speed limit on Woods Hole Road. It drops to 35 mph near the intersection of Harbor Hill Road.

Thank you for your consideration, Judith Stetson 261 Quissett Ave. Woods Hole, MA 02543

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Steve Sayers

From: Nathaniel Trumbull > Sent: Monday, June 8, 2020 11:24 AM To: Steve Sayers; Alison Fletcher; schedules; Doug Jones; Kathryn Wilson Subject: Fwd: Sippiwissett/Quissett Ave. corridor

Alison and Steve,

I am forwarding the message (I removed the author's name) below as it mentions a GPS issue in another context.

Please see the other comments as well.

Nat

------Forwarded message ------Date: Mon, Jun 8, 2020 at 9:56 AM

Good Morning Nat, In reference to our call a few weeks ago, I'd like to propose adding the automobile traffic into any environmental impact study and include the Sippiwissett/Quissett Ave corridor as well. Although most trucks stay on Woods Hole Rd, GPS assisted drivers often come off at Quissett Hbr Rd and continue onto Quissett Ave. And hundreds of cars a day use Quissett/Sippiwissett as an alternate route, whether due to local knowledge or due to GPS. Our Quissett Hbr/Quissett Ave corner stop is assaulted environmentally as a result, including stop and go exhaust emissions, brake pad particulate, various fluid leakage etc. A couple questions/proposals- 1. Is the Sippiwissett/Quissett Ave corridor under state supervision similar to Woods Hole Rd/Rt 28, or does Falmouth have a say in regulating/restricting traffic on it? 2. Should emphasis on New Bedford be strictly for freight? Why can't provisions be added to include car traffic coming up 95/195 etc? 3. Environmental studies should include HUMAN physical and psychological impact. The most obvious perhaps being air quality, but also including sleep loss/deprivation, extreme levels of noise pollution affecting mental health etc. There must be existing scientific studies to aid this.

Thanks,

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Public comment from Nat Trumbull, read during public hearing on June 11, 2020

Dear Steamship Authority Board members,

I would like to address three topics. The first topic is a short history of the 5:30AM freight scheduling from Woods Hole, the second is about the economics and environmental considerations of a mainland port such as New Bedford as a potential supplemental freight port for the islands, and the third is more specific to our petition.

1. First a short history of the 5:30AM freight truck scheduling

The Steamship Authority has known about its freight truck impacts on Falmouth residents, and especially its early morning impacts, from before it began scheduling a 5:30AM ferry with freight trucks in 2012.

I quote from the October 2011 Steamship Board meeting minutes, when a 5:30AM freight schedule was first proposed from Woods Hole: "Mr. Hanover ... cautioned that there should not be any excessive noise in either Woods Hole or Vineyard Haven, observing that if the Authority's operations begin to cause problems at that time of the morning, the early trips may have to be discontinued." The Falmouth Port Council member at the time voted against a 5:30AM freight scheduling from Woods Hole.

In other words, Steamship Authority leaders understood that such early morning freight had the potential to wake up hundreds of Falmouth households on a daily basis, which by all accounts, has continued for the last eight, and now nine, years. 1

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The first three years, in clear violation of Section 15A of the Enabling Act, the Steamship Authority ran no public announcement about the introduction of the 5:30AM freight ferry as it began in 2012.

Nor was the new 5:30AM freight trip listed on the Steamship Authority's published schedule. The SSA from the beginning did not even notify, much less consult with, Falmouth residents about its new schedule.

While the SSA has made some minor changes in recent years to the length of the trucks allowed on the 5:30AM ferry (trucks of up to 40' are still allowed on that freight boat), Falmouth residents still face trucks racing through residentially zoned neighborhoods for the 5:30AM boat for almost six months of the year.

This has meant heavy trucks in residentially zoned parts of Falmouth beginning at 4:45AM. There are cases of truck arrivals much earlier than 4:45AM. I would direct you to the photo and video evidence at www.woodshole.net

I would also encourage Board members to go back and look at the dozens and dozens of submitted written comments, all on the SSA website, a petition of more than 229 residents in July 2017, and letters from Falmouth selectmen and Representative Fernandes about the Steamship Authority’s “noise pollution,” in the words of Representative Fernandes in his letter.

The SSA's refrain, in response to our objections to the noise, is that truck demand to the Vineyard is up. This is true, at the rate of about 4% a year (a doubling every 18 years). A few Vineyard leaders have pointed out that Woods Hole's own traffic is also up. This is true.

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I have looked into the annual traffic counts of Class 5 vehicles (trucks, buses) on Woods Hole Road conducted by the Cape Cod Commission. I have compared those actual traffic counts on Woods Hole Road with the daily SSA-truck count to the Vineyard for the same dates, together with SSA buses.

These figures show that 2/3 of the trucks and buses on WH Road (and an even larger percentage if you take the longer trucks) are going to or from the Vineyard.

One other episode of note: In 2018 the SSA added three round-trip freight trips later in the day during the summer months (ironically those three trips were added in response to Falmouth residents request for a public hearing in 2017 about rescheduling the 5:30AM freight; the Vineyard got three new round-trip freight runs in 2018 from our public hearing process, and Falmouth residents were left with a 5:30 freight ferry still carrying trucks).

2. I would like to comment briefly on the failure of the SSA to take any steps to supplement its Vineyard freight route with an additional mainland port. Yes, New Bedford is geographically further. But that's not relevant for non-time-sensitive goods. That's not how it works with waterborne deliveries (see goods from China).

Martha's Vineyard receives and sends a lot of non-time-sensitive goods.

Whether it be gravel, stones, bark mulch (a driver last Sunday morning reported he was delivering 100 yards of bark mulch to the Vineyard in his 53’ trailer), truck- length long trees, construction and demolition materials, trash, or recyclables, the Steamship Authority sends it all through Woods Hole.

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Our estimate is that 70-80% of the trucks delivering goods to the Vineyard go right by New Bedford on Route 195. What about the cost of wear and tear to trucks, time spent in congestion (and creating congestion for others), and diesel fuel of those trucks as they loop up to Wareham, up and down the Bourne Bridge, through two rotaries, and into residential neighborhoods in Falmouth to Woods Hole, a distance of 39 miles by road from New Bedford? The SSA operates like these costs are externalities to its operations. But someone is paying for them. In the case of Falmouth residents, we are paying for those costs in terms of being woken up by early morning noise, by diesel soot, and overall congestion.

We hear that New Bedford, because it is further, is more expensive, and will raise the cost of goods on the Vineyard. The MV Commission's Regional Transportation Plan 2020-2040 cites the finding that prices on the Vineyard are really not as dependent on freight rates as Vineyard residents (or I used to) think. The finding, and I would urge SSA Board members to read that finding, is that only 1-2% of the final cost of goods on the Vineyard depend on the final waterborne leg of delivery from the mainland to the Vineyard. (See http://www.mvcommission.org/sites/default/files/docs/Martha%27s%20Vineyar d%20RTP%202020-2040%20FINAL%20%28APPROVED%29%208-22- 19%20opt 0.pdf, page 57).

I know this seems counter-intuitive, but think of the tens of thousands of dollars of goods being carried by most trucks. A slight increase in cost of freight would be almost imperceptible in the final cost of goods on the Vineyard.

If freight by barge could be organized more broadly (and I think we all would agree that it could cost less than what the SSA charges on its existing vessels), non-time-sensitive goods may well be less expensive on the Vineyard.

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The fact that the Vineyard could source to a wider range of providers of goods more competitively through New Bedford is something that you may not hear from bulk shippers who are operating today.

What about from an environmental perspective? We have looked at this closely and I can assure you that 10-12 trucks burn up more fuel on the 39-mile run from NB to WH by 195 and Route 28, plus WH to Vineyard by Steamship Authority vessel, than a straight waterborne run from the Vineyard to New Bedford.

With reasonably fuel-efficient ships, and especially if they can slow down, fuel and carbon footprint are decreased. This is all the more true if barging freight to the Vineyard.

Putting passengers and trash and demolition materials on the same boat makes no sense in this day and age. Passengers and freight have different needs. Passengers need toilets and refreshments. Freight does not.

What about the experiment a full 20 years ago for freight delivery from New Bedford? Well, speak with anyone. The freight route for those two summers of 2000 and 2001 was mismanaged from the start. Drivers who wanted to be on the New Bedford route could not get reservations easily. The timing was less than ideal in terms of Vineyard arrival and departure time. Speak with crew from that period and they will tell you the same thing. Yes, the SSA lost money on the route, but the third-party operator also made more than a million dollars, according to court testimony that came out later.

The most convincing evidence to me of the viability of a New Bedford waterborne freight route comes from Craig Johnson, who was one of the third-party operating staff of the New Bedford freight experiment in 2000 and 2001. Mr. Johnson came back after the second summer of the freight experiment from New Bedford and

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submitted a formal request to operate freight as a private operator on that route. He of all people was in a position to know if it would work. The Steamship Authority denied his application, said the Steamship Authority would do it itself, and then never did.

I have said this before elsewhere, but the fact that the SSA is unwilling to provide and publicize a formal Request for Proposals for freight service from the mainland to the Vineyard smacks of protectionism (we know the argument, without dominating the market, the SSA will never survive through the winter). This is archaic thinking. The Vineyard good market is six to eight times larger than it was 60 years ago when the Enabling Act provided the Steamship Authority with licensing rights over all other freight carriers. This argument justifies just more and more spending and overspending by the SSA, of which we have seen our share in Falmouth and Woods Hole (and to which we could devote a separate public hearing).

Wouldn’t Vineyard residents themselves be interested in shifting some freight to a mainland port in terms of providing for some redundancy of freight service through only Woods Hole? Aren't those trucks on SSA vessels taking up valuable space that Vineyard residents and visitors may need for their own cars? Wouldn't there be interest in future waterborne travel from New Bedford for cars to and from the Vineyard for those traveling to and from points south?

3 The third topic concerns the petition from Falmouth residents.

I know the Board members are singularly focused on the SSA's bottom line this year. But insisting on a 5:30AM freight scheduling is not the way to save money. You made delivery to the Vineyard work without a 5:30AM freight boat up until 8 years ago. Since then, you have added three new round-trip freight trips in as recently as 2018.

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Not listening to, alienating, and demonstrating to Falmouth residents just how disenfranchised we are about Steamship Authority decision-making that impacts our neighborhoods directly is not the way forward.

After the Steamship Authority’s last public hearing in October 2019, the SSA promised us in a lengthy report, in what was essentially the decision from that public hearing, a Long-Range Vineyard Transportation Task Force. The Board unanimously approved that report.

Where is the Task Force? This should not be a case where COVID-19 intervened. Falmouth appointed two representatives, including a selectman, to the Task Force at the end of last year.

There's been no reason why that Task Force could not have been convened, and met remotely. I assume when that Task Force eventually will be convened that it will meet large remotely.

By all reports, demand will continue to be soft in summer 2021. It’s therefore particularly offensive to see that the Steamship is insisting on keeping a schedule for summer 2021 with 5:30AM freight from Woods Hole for almost six months from May 2021 through October 2021.

Are Vineyard roads really so congested during the second half of September and all of October that you need 5:30AM freight deliveries? Something is wrong here. Need I remind you that September and October are when our children are supposed to be back in school and families, among other Falmouth residents, can make good use of a full night's sleep?

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At our hearing today, we are requesting specifically that the Steamship Authority wait until a later date to approve its 5:30AM freight scheduling for summer 2021. We do not understand the rush. I would note that the summer schedules in past years have traditionally not been approved until September of the preceding year.

Under circumstances of so many unknowns concerning demand for 2021, postponing approval of the 2021 summer schedules seems the only reasonable approach to take, rather than a scorched earth approach as concerns early morning freight scheduling from Woods Hole.

I do remember one comment at one of our first public hearings about the 5:30AM freight: Could the Steamship Authority not simply wait 1/2 hour to start your freight operations out of Woods Hole? You are bothering hundreds of households.

Falmouth residents have already made compromises. We originally asked for a first freight boat to be only at 6:30AM out of Woods Hole. We now are asking that only 5:30AM freight be eliminated? Can the Steamship Authority not make any meaningful compromises?

In conclusion, I find the Steamship Authority's response to so many of our concerns, and over such a long period, to be unethical.

There are other solutions for bringing non-time-sensitive freight to the Vineyard if that freight cannot be carried later in the day from Woods Hole.

Unlike Barnstable which has an agreement with the Steamship Authority for a maximum number of boat trips permitted daily, the Town of Falmouth currently has no such agreement with the Steamship Authority. 8

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One of the initiatives we will be pursuing in Falmouth is a citizens petition article for our town meeting with the goal of placing limits on the Steamship Authority's growth in Falmouth. Barnstable will be the precedent for us.

I would point out that a state highway does not extend jurisdictionally all the way to 1 Cowdry Road in Woods Hole from Bourne. There are at least two sections of roads to the Woods Hole Terminal that belong fully to the Town of Falmouth and over which Falmouth has say. Our goal will be for Falmouth to take back those road sections under its own rules.

The Steamship Authority's insistence on the 5:30AM freight scheduling from Woods Hole only motivates us more strongly to pursue changes to the Enabling Act.

A push for change to the Enabling Act may be gaining ground on the Vineyard, as the Steamship Authority for too long has flooded the Vineyard with autos and ran roughshod over Vineyard residents’ own environmental and other sensitivities. See for example “The Steamship Authority, Supplying the Demand” in the Vineyard Conservation Society’s newsletter last year (http://www.vineyardconservation.org/httpssitesgooglecomavineyardconservatio norgvineyard-conservation-societyHome/almanac-archive/the-steamshipauthority-supplying-the-demand)

This year’s economic crisis will likely only place a more critical public eye on the need for change to the Enabling Act.

At the same time, I would ask that the Steamship Authority not frame your response to our request today only within the context of COVID-19; that is, we do

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not want to hear that you cannot do this or that in 2021 because of COVID-19 conditions. That is unacceptable to us.

The Enabling Act has been changed before. It will be changed again. Falmouth residents will be heard. One phrase in Section 6 of the current Enabling Act should be kept: “The exercise of the powers granted by this act will be in all respects for the benefit of the people of the commonwealth, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions.” It’s time for the Steamship Authority to live up to at least this part of its charter. It’s our Commonwealth too.

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25 COMMENTS

1. New News June 12, 2020 at 12:47 pm

I’m hoping the Woods Holers were served good cheese with their whines.

o dondondon12 June 12, 2020 at 5:15 pm

new news– the residents of woods hole have every right to express their displeasure about truck traffic going down their roads every morning at 5 AM.

o Pekinfinearts June 13, 2020 at 12:52 am

Fabulous!

2. dondondon12 June 12, 2020 at 1:59 pm

Another reason to have electric vehicles and ferries.

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o ajay June 13, 2020 at 10:46 pm To run electric ferries how much will the ticket prices have to increase?

dondondon12 June 14, 2020 at 11:53 am AJ Over the long haul, electric ferries are cheaper to run because of reduced maintenance cost and cheaper fuel per mile prices. Electric ferries also have the added benefit of no diesel exhaust if you happen to be sitting outside. No chance of fuel leaks, and no chance of having the bilges pumped out accidentally. But back to the cost. The short answer to your question is that as long as we can get competent management, ticket prices should go down.

TQ June 14, 2020 at 3:10 pm Donx3…where would you propose putting the massive recharging stations that would be required? Not a lot of available space in WH, VH, OB.

dondondon12 June 15, 2020 at 8:56 am tq– good point. My rough calculation of that is larger than I would have expected. It comes out to about 8,000 cu ft. or a 20 ft cube, for a quick charging station. Likely less for slower charging station. But we could easily

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expect it to be the size of 2 car garage. Do you have any more accurate info on that question ? Probably wouldn’t need one in O.B Thanks for bringing that up. I hadn’t thought about it.

3. DeanRosenthalMV June 12, 2020 at 6:12 pm

I’m with Woods Hole on some of this — when their houses were purchased, many of them, the kind of traffic that existed then was exponentially less. It’s not as simple as “we all choose where we buy our houses”. And for Vineyarders who whine that Woods Hole is whining, give us a break! Do you really want to hear trucks squeal at 5:30? But it sounds like the actual problem is dangerous driving and gear shifting and brakes in that department. Is it really the case that things can’t be adjusted? I have NEVER been up that early on MV and I’ve lived here almost a decade (the rare night owl who lives here) but I find it hard to believe that island traffic is at top rush hour before 7:30-8 AM. We really can’t push things up? That seems ridiculous. Maybe commission a traffic study and see what the facts are.

o SallyGeorge June 13, 2020 at 10:28 pm It’s not about Island traffic. It’s about the trucking coming down out of Boston or from NYC being able to operate as efficiently as possible before they even get on that boat. When you force them to run in traffic, you force them to run dirty and expensive. Thats more pollution for the Cape and higher costs for the Island. Or worse, trucks kill the route entirely.

ajay June 14, 2020 at 11:14 am

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This is the Vineyard. Stop being sensible.

4. viewfromhere June 12, 2020 at 8:23 pm

New Bedford was already tried a couple of times for freight and failed. These people in Woods Hole constantly complain about all things SSA. I think the SSA was there before you bought your house and will be there long after. Food and products have to be delivered to the island in the early morning to schedule main street deliveries to not screw up traffic too much on island. The trucking companies and the SSA have tried to be very accommodating to the Woods Hole residents, but they won’t let it go until they shut down all traffic morning, noon or night. Good luck with that

5. oceanna June 12, 2020 at 9:46 pm

i happen to know a lot of people who live and work in woods hole. they are warm, friendly and generous. most islanders think of woods hole as just a bump in the road that you pass through on the way to and from the boat. but it is a proud little village with a rich history, just as the island is. smug islanders may say, “well, they shouldn’t have chosen to live there” yet i believe many of the people who live along woods hole road live in houses that have been in the family for many years. i liken it to chilmark (i don’t know why) where they have family houses that have been passed down and are now occupied by grown children, grandchildren, etc. so even though they chose to live there, they aren’t newbies who decided to put up a mansion on woods hole road and then realized it was noisy. many are simply invested in their homes. of course, we know there are quite a few little inns along the road as well, which i’m sure we are sometimes glad they are there

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when we get “stuck on the other side”. so here is their problem, as i understand it. the huge freight trucks that barrell down the road in the wee hours of the morning are breaking down the curves and hill leading to the steamship. also sometimes when they arrive early and aren’t allowed down into the lot, they will park along the side of the road or even side of driveways when homeowners and hotel guests are trying to sleep. i imagine if one lived in vineyard haven or oak bluffs on the ONLY exit road from the steamship and every morning you had to wake to that noise, it would be very disturbing. maybe a compromise can be made but it bothers me when some island people just want to brush this issue aside and not work with it. that’s my 2 cents.

6. BigT June 12, 2020 at 10:49 pm

I feel bad for the people that have to deal with this. I completely understand the need for getting supplies to the island and I don’t know that there is a good solution but some common ground needs to be found somehow. It’s not fair to just keep blowing these folks off. We put a man on the moon there must be a way to make this work better for everyone.

7. Pekinfinearts June 13, 2020 at 12:53 am

Increased freight from New Bedford seems the obvious solution. What’s the problem with diverting some to New Bedford, a truly commercial port?

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8. aquinnah June 13, 2020 at 12:36 pm

Great points, oceanna & BigT. I do hope there’s some middle ground to be found. If not, I can understand why the needs of MV have to be prioritized, but we shouldn’t fault those in Woods Hole for voicing frustration. I’m guessing any of us would feel the same in their shoes. Islanders (me included) have complained about far less. Imagine if any of these residents have dogs. ϊ Mine would turn into Looney Tunes if they had to hear trucks outside the driveway that early.

9. SallyGeorge June 13, 2020 at 10:20 pm

Eliminating the early boats will make this more expensive for islanders and increase pollution for the people of Woods Hole. When trucks run slow, they run dirty and expensive. It is ideal to have them running at off hours throughout the week rather than force them to sit in high season traffic down the docks.

It seems like anyone with any grasp of these realities left the conversation long ago.

o dondondon12 June 14, 2020 at 12:00 pm Sally—There are financial trade offs– just because it might cost another 2 cents to get a t shirt here does not mean the people of woods hole have to suffer. there are more considerations than just the Vineyard people and their pocketbooks. Why would trucks “run slow”(er) later in the day ? And PLEASE, if you are concerned about the air pollution in Woods hole, please ask the steamship parking employees to tell people to turn off their cars when waiting for the boat.

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SallyGeorge June 14, 2020 at 2:29 pm The trucks run slower later in the day because there is more traffic. Carriers operate on paper thin margins as it is. Making their work any less profitable will only incentivize them to abandon the route entirely.

10. ajay June 13, 2020 at 10:44 pm

The way to fix the Woods Hole problem is to move the whole.operation to New Bedford. New Bedford is a true commercial port, not some sleepy little out of the way Cape Cod town, they like trucks 7/24. The SSA is a true commercial operation, it has no place in a sleepy little research based village.

The fun part will be watching the Woods Hole merchants scream and yell. I am going to guess that over half of their annual gross income comes from Vineyard traffic.

o viewfromtheregion June 14, 2020 at 10:42 am

Fact check: Only 3-4 Woods Hole businesses adjacent to the Steamship Authority terminal in reality benefit from the Steamship Authority. Pie in the Sky, Quicks Hole, Woods Hole Inn, one or two of the ice cream shops, and that’s about it. Very few Vineyard travelers venture to merchants past the Eel Pond Bridge. If we’re talking about truck drivers only, Pie in

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the Sky is the only merchant they might visit and they don’t have time for it. Pie has more than enough local business, thank you. The vast majority of Vineyard travelers simply don’t leave an extra cent in Woods Hole or Falmouth, except perhaps at the filling station. It’s very hard to quantify what the Steamship Authority brings to Falmouth at all except for congestion and embarkation fees, for which Falmouth’s own budget isn’t desperate. The Steamship Authority pays no taxes to the town, nor has it ever been generous enough to offer even a small PILOT contribution. (Watch the SSA at the end of the year as it metes out its assessments to port towns due to SSA operating losses this year and 5-10 years of embarkation fees to Falmouth will be gone in one fell swoop).

o SallyGeorge June 14, 2020 at 2:31 pm

This has been raised from time to time, but increasingly, it’s a fantastic idea. Is any current talk of this limited to freight only or the whole operation?

11. BigT June 13, 2020 at 11:01 pm

I’m just wondering if the use of Jake Brakes is prohibited along this route? If not that would be a good place to start on reducing the noise. Just a thought

o ajay June 14, 2020 at 11:17 am

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The problem with the use of Jake Brakes is that they do not allow the service brakes to get hot enough for them to fail.

12. lisa22 June 14, 2020 at 12:47 pm

I feel so bad for wh residents putting up with this. it’s like having DOPES for neighbors it saps your peace

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Bourne, Falmouth, and other communities in southeastern Massachusetts?

Our information is that the Task Force has not yet been formed.

The Steamship Authority in 2018 increased its schedule from Woods Hole to three more round-trip freight runs a day to Martha’s Vineyard in summer. Fifty-six one-way SSA boat trips are proposed to be scheduled each day between Woods Hole and the Vineyard in summer 2021.

We request that the Steamship Authority postpone approval of a 5:30AM freight schedule from Woods Hole terminal (as in the past, we object to the SSA-related large trucks traveling to the 5:30AM ferry that wake up Falmouth residents beginning at 4:45AM and earlier; we do not object to cars on that ferry) until a future date when the Long-Range Vineyard Transportation Task Force is functioning as the Steamship Authority promised in its Report eight months ago.

Sincerely,

1. John T. Vose

468 Woods Hole Road, Woods Hole, MA

I am opposed to the constant increase in vehicular traffic to the Vineyard particularly the very early boat for trucks. The new dock should have been built in New Bedford which can be accessed by a 4 lane highway and not a narrow 2 lane road through a residential neighborhood.

2. Jane Vose

PO Box 489, Woods Hole, MA 02543

Your growth is untenable. Seriously consider New Bedford.

3. Georgianne Dunn

34 Ransom Rd

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4. Margaret S Dimmock

330 Woods Hole Rd Falmouth

5. Barbara Christopher

254 Woods Hole Road, Falmouth, MA 02540

Every element of the freight traffic on Woods Hole Road negatively impacts us: the early morning heavy, noisy traffic, the speed of the trucks, the impact on the road itself where every hump, hole and crack is accentuated by the heavy trucks.

6. Mary Jo Mahan

3 Kettle Hole Rd

7. Brian Mahan

3 Kettle Hole Rd

8. Barbara Zeidan

9 Huettner Rd

The increased Steamship Authority traffic and the increased buses that consistently exceed the speed limit makes it so dangerous when walking on Woods Hole Road to get to Church Street or into Woods Hole. The buses drive so fast that the wind from the bus feels like it will knock you over. So frustrating and scary! No regard for pedestrian safety.

9. Dr. John Gore

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30 Woods Hole Road

It's not just the number of trucks - it's the noise, speed and danger that matter. It is essential, whatever the schedule, to institute traffic calming and penalize truckers who do not mitigate noise level and speed.

10. Ron April

448 Woods Hole Rd

11. CARISSA APRIL

448 Woods Hole Rd

12. Richard Hugus

312 Woods Hole Rd.

13. Mary R Thompson

14. Robert Bennett

312 Woods Hole Rd.

15. Diane Buhl

35 Carey Lane

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16. Mark Polebaum

35 Carey Lane

17. Martha Bennett

503 Sippewissett Rd Falmouth

18. Andrea Anderson

471 Sippewissett Road

------Forwarded message ------From: Nathaniel Trumbull < Date: Fri, May 29, 2020 at 7:35 PM Subject: Submission of petition from 58 Falmouth residents requesting a public hearing about SSA 2021 schedules To: Robert Davis , Terence Kenneally ,

Dear Mr. Davis,

Please find attached a petition from 58 Falmouth residents requesting that the Steamship Authority hold a public hearing about SSA proposed schedules for 2021.

All petitioners are being blind copied in this email.

Thank you for confirming receipt of our petition.

Sincerely,

Nat Trumbull 11 Church St., Woods Hole, MA 02543

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Tel.

Petition to Steamship Authority for Public Hearing on Proposed Schedules in 2021

May 29, 2020

Dear Steamship Authority General Manager Robert Davis,

Following submission of 50 signatures from Falmouth residents and a public hearing on August 26, 2019, the Steamship Authority Board voted to approve the "Report Issued under Section 15A of the Authority’s Enabling Act on the Proposed 2020 Summer Operating Schedules" in October 2019. (1) The Report stated that a Long- Range Vineyard Transportation Task Force (2) would begin to function as a response to the Steamship Authority's decision on the public hearing.

The Task Force was supposed to address a wide range of transportation impacts (3) raised by residents during the August 26, 2019 public hearing.

Has the Long-Range Vineyard Transportation Task Force begun to meet? Have Martha’s Vineyard residents been appointed to serve as members of the Task Force? Have any recent steps been undertaken to approach New Bedford or other mainland ports about the possibility of serving as a supplemental port for non-time- sensitive freight (for example, bulk construction materials, bulk landscaping materials, construction and demolition waste, single stream recyclables) for shipping to and from Martha’s Vineyard? Has the Task Force considered how those steps could begin to create a regional transportation plan to help mitigate impacts in Bourne, Falmouth, and other communities in southeastern Massachusetts?

Our information is that the Task Force has not yet been formed.

Sincerely,

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5 Jan Elliott PO Box 598 Woods Hole MA 02543 6 Ann Newbury PO Box 724, Woods Hole MA 02543 7 John E. Dowling 106 Ransom Road, Falmouth 8 Patricia Tucker 1 Buzzards Bay Ave., Woods Hole 9 Camilla King 16 Butler St, Woods Hole 10 Peter Shile 25 Gardiner Road, Woods Hole, MA 03543 11 Anne D. Halpin 319 Woods Hole Rd. Falmouth 02540 12 Richard Lovering 338 Woods Hole Rd, Falmouth MA 02540 13 Stephen Gellis 24 Spencer Baird Rd Woods Hole 14 Elizabeth Farnham 101 Stoutenburgh Lane 15 David Hastings 18 Spencer Baird Rd. Woods Hole MA 16 Judith G. Stetson 261 Quissett Ave., Woods Hole, MA 02543 17 Jane E. Atwood 41 High Street, Woods Hole MA 02543 18 David Tucker 1 Buzzards Bay Avenue, Woods Hole, MA 02543 19 Bonnie Simon 144 Gardiner Rd., Woods Hole 20 Paul Lobo 114 Ships Watch Falmouth 21 Penelope McGill 8 Quissett Harbor Rd. Falmouth 22 Joseph Klimek 8 Quissett Harbor Rd. Falmouth 23 Hannah Coppola 40 Eric Clauson Lane, Falmouth, MA 24 Judith L. Day 55 Larches Way, PO Box 717, Woods Hole, MA 02543 25 Kate N. Day 5 Bowditch Road, Woods Hole MA 26 Russell G Murphy 5 Bowditch Road, Woods Hole 02543 27 Philip L Richardson 146 Church Street, Woods Hole, MA 28 Trina 19 Standpipe Hill Rd, Woods Hole, MA 02543 29 Bronwen Polloni 24 Sumner Street, Woods Hole 30 Walt Schanbacher 14 Cowdry Road, Woods Hole, MA 02543 31 Gerald J Fine 21 Church Street, Woods Hole 32 Catherine Bumpus 45 Millfield St Woods Hole, MA 02543 33 Nan Schanbacher 14 Cowdry Rd, Woods Hole, MA 02543 34 James Mavor 19 Standpipe Hill Rd, Woods Hole, MA 35 John Bruce 14 School St., Woods Hole 36 Jonathan Goldman 12 Sidney Street, Woods Hole 37 Nicole Goldman 12 Sidney Street, Woods Hole, MA 02543 38 Wendy Nies 39 Eugenie Kuffler 49 Gosnold Road, Woods Hole 02543, MA 40 Rebecca Truman 3 Little Harbor Road, Woods Hole 41 Julia Leshin 59 Church Street, Woods Hole MA 02543 42 Barbara Jones 38 Locust St, Falmouth, MA 02540 43 Suzanne Kuffler 49 Gosnold Road, Woods Hole 44 Richard Balkin 3 Oyster Pond Rd 45 Valerie Walbek 32 Buzzards Bay Avenue 46 Susanna McKenna 90 Woods Hole Rd. 47 Gregory Wozena 296 Woods Hole Rd., Falmouth, MA 48 Shirley Wozena 296 Woods Hole Rd, Falmouth, MA 02540 49 Nan Logan 482 Woods Hole Road 50 Alberto Collasius jr 11 Juniper Point Rd 51 Damien Kuffler 49 Gosnold Rd., Woods Hole, MA 02543 52 Diana Roth 42 Glendon Road, Woods Hole 53 Margaret McCormick 44 Quissett Ave, Woods Hole MA 02543 54 Kristin Alexander 101 Cumloden Drive, Falmouth, MA 02543 55 Andrew R Solow 44 Quissett Ave, Woods Hole MA 02543

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56 Elena Trumbull 11 Church St., Woods Hole MA 02543 57 Nat Trumbull 11 Church St., Woods Hole MA 02543 58 John Woodwell 64 Church St., Woods Hole MA 02543

(1) See https://www.steamshipauthority.com/writable/versioned_downloadable_forms/path/report_- proposed 2020 summer operating schedules - final.pdf

(3) For photographs of those and other impacts, see www.woodshole.net

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Day 1.

June 17 (Wed.)

Arrival time at Crane St. bridge

4:55AM Truck with stones (also circled down Water St. first)

Video of stones truck turning onto Water St. WH Village (see https://youtu.be/e0P-xja6B38) Video of stones truck arrival at WH Terminal (see https://youtu.be/PbIvWkZAuzs)

5:06AM Cape Coastal, appears to be carrying landscaping materials (https://youtu.be/9DOR8bXZlCg and 2:00 timestamp)

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Day 2.

June 18 (Thurs.)

Arrival time at Crane St. bridge

4:55AM UPS cab 4:59AM US Foods (see https://youtu.be/BAPgHLUpZwI for this and following trucks) 4:59AM Appliance truck 5:00AM Crane Appliance 5:01AM Crane Appliance 5:02AM Gordon Food Service

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Day 3.

June 19 (Fri.)

Arrival time at Crane St. bridge

4:57AM Service Milton truck (see https://youtu.be/wbrAje3sABk for this at 4:00 timestamp and other trucks below) 4:58AM Sid Wainer and Son 4:58AM Dole and Bailey Food Service 5:06AM Crane Appliance (goes down Water St., will circle back at 5:08AM) 5:07AM Sysco (dangerously stops at WH Road, Crane St. intersection for 2 min.) 5:07AM Sysco (dangerously stops at WH Road, Crane St. intersection for 2 min.) 5:09AM Silvia Nursery (dangerously cuts ahead of first stopped Sysco truck at intersection) 5:09AM US. Foods (dangerously cuts ahead of first stopped Sysco truck at intersection)

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Day 4.

June 20 (Sat.)

Arrival time at Crane St. bridge

4:53AM black plastic delivery (goes to Water/Railroad, see at 5:01AM in video) 4:59AM Sysco (see https://youtu.be/YGJnWJNYGuE at 6:00 timestamp for this and trucks below) 5:00AM horses delivery (goes to Water/Railroad, see return to Crane St. bridge at 5:05AM) 5:01AM black plastic delivery on truck 5:03AM Sid Wainer and Son

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Day 5.

June 21 (Sunday)

(see https://youtu.be/mtqCpJPbQ-Y at Church St. intersection)

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Day 6.

June 22

4:52AM Dennison Lubricants truck (leaves WH Terminal to go back in Falmouth direction (see https://youtu.be/egiIAN7g2xM) 5:00AM Ritz cracker truck (see https://youtu.be/9LTK 3Q20go at 0:30 timestamp for this and other trucks below) 5:07AM Dennison Lubricants truck is back from Falmouth direction 5:08AM Gordon Food Service 5:08AM US Foods 5:08AM Service truck (Milton) 5:09AM Sysco

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Day 7.

June 23 (Tues.)

4:58AM Dole and Bailey Food Hub (see https://youtu.be/kg5OmDBlaqY and 05:49 min. time stamp) 5:08AM F.B. Webb Company (Daikin AC) 5:08AM Cape Cod Commercial Linen

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Day 8.

June 24 (Wed.)

4:43AM Black truck observed parked at Sands of Time (license CT AU45364), see again at 4:58 below

(see https://youtu.be/reGXAYi8w9M for this and other trucks below) 4:59AM Black truck above 5:07AM White truck with trailer 5:09AM Sid Wainer and Son 5:09AM Crane Appliance

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Day 9.

June 25 (Thurs.)

4:55AM F.W. Webb truck observed parked at Sands of Time, see again at 5:09AM below

5:06AM Crane Appliance (see https://youtu.be/mcx0LSxev5M at 14 min. timestamp for this truck and other trucks below) 5:08AM Crane Appliance 5:09AM F.W. Webb (appliances) 5:09AM Gordon Food

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Day 10.

June 26 (Fri.) direction (see video at https://youtu.be/7XEkts3UH4g)

4:58AM White straight truck, unmarked (see https://youtu.be/29r7qWM5mw0 at 6:35 min. timestamp for this truck and other trucks below) rniture

5:09AM HT Berry 5:09AM Sysco

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June 17, 2020, Wednesday

1. Truck with stones* 2. Sysco 3. Brown tank truck (unclear what liquid is, but not food)* 4. Sysco 5. Sysco 6. Ritz cracker truck 7. Marvin (house materials)* 8. Truck (countertops)* 9. Unidentified white truck (food is unlikely, no refrigeration unit)* 10. Utility truck* 11. Red dump truck (definitely not food)* 12. Yellow truck carrying lumber* 13. Truck with covering on trailer (likely landscaping materials)* 14. Sid Wainer 15. Crane Appliance*

June 18

1. M.A.P. Insulation Co.* 2. UPS large cab (no trailer)* 3. Crane Appliance* 4. Crane Appliance* 5. U.S. Foods 6. F.W. Webb (appliances)* 7. Gordon Food Service 8. Gordon Food Service 9. Sid Wainer and Son 10. Truck with black garbage-like containers on back, labeled Trident* 11. Mid-Cape (says "Views" on truck, possibly windows)*

June 19

1. Sid Wainer and Son 2. Dole and Bailey Food Hub 3. Crane Appliance* 4. Sylvain Nursery* 5. US. Foods 6. Sysco 7. Sysco 8. Crane Appliance* 9. Gordon Food Service 10. Gordon Food Service 11. US. Foods 12. US. Foods

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13. Sid Wainer and Son 14. Sysco 15. Service truck*

June 20

1. Sysco 2. Sid Wainer 3. Crane Appliance* 4. Crane Appliance* 5. Crane Appliance* 6. Boat on trailer* 7. Truck carrying some black stackable plastic items (100% not food)* 8. Horse trailer with horses*

June 21, Sunday

1. Landscaping tractor*

June 22

1. Dennison Lubricants* 2. US Foods 3. Milton Service truck* 5. Ritz cracker truck 6. Gordon Food Service 7. Gordon Food Service 8. Sysco 9. Sysco 10. Sid Wainer and Son 11. Sysco 12. White truck unmarked (unlikely food, no refrigeration unit)* 13. Empty long truck*

June 23

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8. Daikin (appliances)* 9. Cape Cod Commercial Linen* 10. Sid Wainer and Son 11. Landscaping equipment/large tractor carried on truck*

June 24

1. Spacefitters, black truck* 2. Sid Wainer and Son 3. Baynes Electric Supply* 4. Truck with covered goods (looks like lumber)* 5. Crane Appliances* 6. Sysco 7. Sysco 8. Ron's Trucking Corp. (looks like moving company, not food)* 9. Ritz cracker truck 10. Cape Cod Linen* 11. Sysco 12. Crane Appliance* 13. Heavy red construction truck loaded with sand*

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Results of 8-day monitoring of truck inventory on 5:30AM freight ferry, WH to VH, June 17 to June 24, 2020

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Monitoring of truck inventory on 5:30AM freight ferry, Woods Hole to Vineyard Haven, June 17 to June 24, 2020

87 trucks were carried on the 5:30AM freight ferry over the 8-day period of June 17 to June 24, 2020

44 trucks were carrying no food at all, and included such non-time- sensitive items as stones, landscaping materials and equipment, and lumber

*Trucks on 5:30AM ferry without food

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Day 1.

June 17, 2020, Wednesday

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Day 2.

June 18

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Day 3.

June 19

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Day 4.

June 20

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Day 5.

June 21, Sunday

1. Landscaping tractor*

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Day 6.

June 22

1. Dennison Lubricants* 2. US Foods 3. Milton Service truck* 5. Ritz cracker truck 6. Gordon Food Service 7. Gordon Food Service 8. Sysco 9. Sysco 10. Sid Wainer and Son 11 Sysco 12. White truck unmarked (unlikely food, no refrigeration unit)* 13. Empty long truck*

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Day 7.

June 23

1. Dole and Bailey Food Hub 2. US. Foods 3. US. Foods 4. Gordon Food Service 5. Gordon Food Service 6. Black covered truck with garbage-like container (definitely not food)* 7. Truck with empty truck bed* 8. Daikin (appliances)* 9. Cape Cod Commercial Linen* 10. Sid Wainer and Son 11. Landscaping equipment/large tractor carried on truck*

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Day 8.

June 24

1. Spacefitters, black truck* 2. Sid Wainer and Son 3. Baynes Electric Supply* 4. Truck with covered goods (looks like lumber)* 5. Crane Appliances* 6. Sysco 7. Sysco

9. Ritz cracker truck 10. Cape Cod Linen* 11. Sysco 12. Crane Appliance* 13. Heavy red construction truck loaded with sand*

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Steve Sayers

From: David Tucker < > Sent: Saturday, June 13, 2020 5:25 PM To: schedules Cc: Nathaniel Trumbull Subject: truck traffic

We Tuckers trace our Woods Hole residency to the 1950s and to our home ownership in Woods Hole to 2010. We want to put in writing that we are strongly opposed to the proposed significant increase by the Authority of truck traffic on Woods Hole Road to and from the ferry terminal downtown. The village should not be further burdened by all of the noise that the truck traffic creates. Please respect our wishes to keep the village and Falmouth a place of quiet enjoyment.

Dave and Pat Tucker 1 Buzzards Bay Avenue Woods Hole, MA 02543

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Steve Sayers

From: John Vose > Sent: Wednesday, June 17, 2020 8:01 AM To: schedules Subject: traffic volume Woods Hole Road

I am opposed to the continuing increase in vehicular traffic to the Vineyard, particularly early boat for trucks.

Sincerely, John T. Vose

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Steve Sayers

From: Barbara Zeidan < > Sent: Monday, June 15, 2020 10:37 AM To: schedules Subject: Steamship authority bus drivers consistently speeding on Woodshole rd.

Hello, The steamship Authority bus drivers exceed the speed limit making it extremely Dangerous for Pedestrians walking on the sidewalk on near Glendon , Standpipe and Church street. I tried to signal for a bus Driver to slow down last summer ad they actually gave my the finger.

Sent from my iPhone

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August 13, 2020

TO: Robert B. Davis General Manager

FROM: Steven M. Sayers Counsel

SUBJECT: Review of the Accounting of BIA Studio’s Fees under Its Contract for Final Design and Construction Administration Services for the Reconstruction of the Woods Hole Terminal and Relocation of the SSA’s General Offices

As you requested in February 2020, I have reviewed the accounting of fees paid by the Steamship Authority (the “SSA”) to BIA.studio LLC, formerly Bertaux + Iwerks Architects LLC (“BIA Studio”) pursuant to its Contract for Final Design and Construction Administration Services for the Reconstruction of the Woods Hole Terminal and Relocation of the SSA’s General Offices, dated April 21, 2015 (the “Contract”), to determine whether the fees are aligned with the Contract’s applicable terms and conditions.

I. Overview of the Contract’s Fee Provisions.

In January 2013, the State Designer Selection Board published an advertisement for applications from architects and architect/engineering firms to conduct a feasibility study (and then potentially provide final design services based upon the feasibility study) for a major reconstruction of the SSA’s Woods Hole ferry terminal. Ultimately the State Designer Selection Board selected BIA Studio to be the designer for the project and BIA Studio completed the project’s feasibility study in December 2014.

At the conclusion of the feasibility study, the SSA requested BIA Studio to continue to perform final design services for the project and, as provided in the State Designer Selection Board’s advertisement, the form used by the parties for the Contract for Final Design and Construction Administrative Services (the “Contract”), which the parties executed on April 21, 2015, was that published by the Division of Capital Asset Management and Maintenance (DCAMM) of the Commonwealth of Massachusetts.

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A. BIA Studio’s Basic Fee.

The Contract established BIA Studio’s Basic Fee to be $5,041,000 for all of its Basic Services except for its construction administration services during the reconstruction of the Woods Hole terminal after Phase I of the project (the construction of the temporary terminal building). This $5,041,000 amount was allocated in Section 8.2 as follows:

Permitting Process for the Reconstruction of the Woods Hole Terminal $ 240,000

Relocation of the SSA’s General Offices, allocated as follows: Schematic Design $ 231,000 Design Development $ 235,000 Construction Documents $ 353,000 Construction Administration $ 327,000 $ 1,146,000

Landside Reconstruction of the Woods Hole Terminal, allocated as follows: Schematic Design $ 549,000 Design Development $ 722,000 Construction Documents $ 864,000 Construction Administration for Phase I only $ 163,000 $ 2,298,000

Waterside Reconstruction of the Woods Hole Terminal, allocated as follows: Schematic Design $ 405,000 Design Development $ 406,000 Construction Documents $ 546,000 $ 1,357,000

TOTAL BASIC FEE $ 5,041,000

In Section 8.3 of the Contract, the parties acknowledged that, at that time (which was the commencement of the permitting and design process for the project), there was no reasonable basis upon which to establish what BIA Studio’s fee should be for its construction administration services during the reconstruction of the terminal after Phase I of the project (the construction of the temporary terminal building), because it had not yet been finally determined what materials, equipment, component systems and types of construction were to be included in the design of the project, or exactly how those phases of the project were to proceed. Accordingly, the parties agreed that the amount of BIA Studio’s Basic Fee did not include the fee to be paid to BIA Studio for its construction phase services during the reconstruction of the terminal (except for Phase I) and that the parties would negotiate the amount of BIA Studio’s supplemental Basic Fee for those construction administration services at a later time.

The Contract included BIA Studio’s list of its personnel and consultants who were assigned to the project (Attachment B), and the list provided each individual’s name, title, project role and billing rate. With respect to the $5,041,000 amount of its Basic Fee, BIA Studio also provided the SSA with a Truth-in-Negotiations Certificate (Attachment C) in which it certified and agreed that:

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the wage rates, billing rates and other costs used to support BIA Studio’s compensation were accurate, complete and current at the time of contracting; and the original contract price and any additions to the contract may be adjusted within one year of completion of the contract to exclude any significant amounts of the SSA determines that the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates, billing rates or other costs.

In addition, Section 3.15 of the Contract required BIA Studio to retain the services of a qualified testing laboratory, special field inspectors, and other special consultants when required for BIA Studio’s services for the project, particularly during the project’s construction phases. Section 3.15 also provided that BIA Studio was entitled to be reimbursed for the cost of these services, as reimbursable costs and expenses under Article 7 of the Contract.

B. Equitable Adjustments to BIA Studio’s Basic Fee and Fees for Additional Services.

The Contract also provided for BIA Studio to receive equitable adjustments to its Basic Fee in the event there were substantial changes in the services provided in this Contract by BIA Studio, as determined by the SSA in its reasonable judgment. (Contract, Section 5.2). For the purposes of the Contract, a “substantial change” in services includes: (a) A substantial change in the scope of BIA Studio’s services that is not BIA Studio’s fault; or (b) A significant increase in the duration of the project as provided in the Feasibility Study, or as otherwise agreed upon, that is not BIA Studio’s fault.

Section 6.3 of the Contract further provided that BIA Studio would receive additional compensation for performing the “Additional Services” listed in Section 6.1 of the Contract in addition to its Basic Services, including the following Additional Services that BIA Studio since has been asked to provide over the course of the project: (a) revise previously approved drawings, specifications or other documents to accomplish changes authorized by the SSA or required by changes in applicable laws, and revisions not occasioned by the Designer’s errors or omissions; (b) attend permit or public hearings and preparing presentation renderings and presentation models in connection therewith that are authorized by the SSA but for which the Designer is not compensated as part of its Basic Fee; … (d) assist the SSA with the prequalification of bidders in accordance with Mass. G.L. c. 149, §§ 44E1/2 and 44D3/4, or Mass. G.L. c. 149A and provide prequalification services required in accordance with M.G.L. c. 149A for the Construction Manager At-Risk Delivery Method; …

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(f) provide professional services necessary to evaluate substitutions proposed by a general contractor and prepare subsequent revisions to drawings and other documents resulting therefrom or furnish professional services made necessary by the default of a general contractor; … (h) prepare special documents for or appearing as a witness in change order appeal hearings under Mass. G.L. c. 30, § 39Q, or in litigation proceedings arising out of the Construction Contract, except for litigation arising from the Designer’s negligent acts, errors or omissions; … (j) make studies other than those normally required and prepare applications and reports to assist the SSA in obtaining federal aid; and (k) additional site visits requested by the SSA during the construction administration phase, provided that the visit is made at the SSA’s request and is in addition to the site visits required under the Contract, and the time spent meeting on the site at the SSA’s request plus the time spent on the required visits for that week exceeds the sum of seven hours.

(Contract, Sections 6.1 & 6.2).

Under Section 6.1 of the Contract, the SSA and BIA Studio were to agree upon the fee for any such Additional Services prior to BIA Studio’s performance thereof. In addition, Sections 6.1 and 6.3 both provided that each cost proposal for, or authorization of, Additional Services, as well as any associated reimbursable expenses, was to contain a “not to exceed” amount. While change orders can be either for a lump sum fee or on an hourly basis: (a) A change order for a lump sum fee is required to be accompanied by a Truth-in- Negotiations Certificate in the form set forth in Attachment C to the Contract; and (b) A change order whose fees are on an hourly basis is required to be based upon the billing rates set forth in Appendix B; provided however, that BIA Studio was allowed to request annual adjustments in any of those billing rates effective on each anniversary date of the Contract (April 21st), so long as the annual billing rate adjustments do not exceed five percent (5%) unless otherwise expressly approved by the SSA.

Under Section 7.1 of the Contract, BIA Studio was also entitled to be reimbursed for its actual cost of “special Consultants Approved by the SSA but not specified in Attachment B or in the Designer Selection Board’s advertisement for the Project,” provided that the SSA has previously approved the rates of compensation for said Consultants’ services (Section 7.1(a)); for permit filing fees and other actual costs for items not included in the Basic Fee, including special printing and full size presentation drawings, when specifically authorized in writing by the SSA in advance (Section 7.1(b)); and for copies of documents requested by the SSA unless BIA Studio is otherwise required to provide such copies under the Contract. In addition, Section 7.3 of the Contract provided that, “[f]or solicitation, coordination, inspection, analysis, and evaluation of,

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and the assumption of responsibility for, services authorized under Sections 7.1(a) and 7.1(b),” BIA Studio was entitled to be paid 10% of the actual expense where the cost of the specific services is estimated not-to-exceed $100,000 (which 10% may be reduced to a lesser equitable percentage to be agreed upon between the SSA and BIA Studio where the not-to-exceed cost is projected to exceed $100,000).

C. The Contract Protects the SSA Against Any Erroneous Payments That Might Be Made to BIA Studio.

The Contract also contains several provisions that enable the SSA to approve change orders authorizing BIA Studio to provide additional design services without prejudicing any rights it has under the Contract for a refund or offset of any amounts that may be later determined to have been erroneously paid to BIA Studio. For example: Section 8.5 of the Contract provides that if the SSA were to discover that the charge for any previously paid-for services was calculated based upon incorrect wage rates or other incorrect information, the SSA may offset any overcharges against any future payment. Section 8.5 of the Contract also provides that if the SSA were to find that any services previously paid for by the SSA contained deficiencies, errors or omissions, then the SSA may withhold from any future payment and amount reasonably calculated by the SSA to cover the cost of correcting the deficiency, error or omission until the services have been corrected. The SSA may also offset against any payment due to BIA Studio the amount of any costs incurred by the SSA arising from BIA Studio’s deficiencies, errors, omissions or failure to provide required services. Section 10.2 of the Contract authorizes the SSA, up until the expiration of six (6) years after final payment, to examine any books, documents, papers or records of BIA Studio or of its consultants that directly pertain to, and involve transactions relating to, BIA Studio or its consultants. Sections 10.6 and 10.7 of the Contract require BIA Studio to make available to the SSA upon request its financial statements that it files annually with the Commissioner of DCAMM during the term of this Contract (which financial statements must also be prepared by an independent certified public accountant on the basis of an audit by such accountant).

Further, if the SSA and BIA Studio are unable to agree upon the correct amount of fees that BIA Studio should have been paid under the Contract (including the change orders), Article 19 of the Contract requires the parties (in disputes of $50,000 or more) to engage in good faith in a non-binding mediation process using the services of a neutral mediator. The mediation is to be concluded within sixty (60) days from the date that either party submits to the other a written request therefor, and the cost of the services of any mediator selected jointly by the parties is to be borne equally by the SSA and BIA Studio. Accordingly, if the SSA and BIA Studio ultimately fail to reach agreement on the correct amount of BIA Studio’s fees, this contractually-required mediation process would also provide the SSA with the opportunity to have an independent third party review the reasonableness of BIA Studio’s fees.

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II. All of BIA Studio’s Change Orders Were Due to Substantial Changes in the Scope of BIA Studio’s Services or for Additional Services or Construction Administration Services after Phase I of the Project.

I have reviewed each of the 57 change orders under the Contract to date and they all satisfy the criteria that would entitle BIA Studio to additional compensation under the Contract, either as an equitable adjustment to BIA Studio’s Basic Fee, or as a supplemental Basic Fee for construction administration services during the reconstruction of the Woods Hole terminal after Phase I of the project, or as Additional Services; provided that the need for the adjustment, supplemental Basic Fee and/or Additional Services is not due to BIA Studio’s fault, errors or omissions. All of BIA Studio’s fees that have been authorized to date (namely, through Change Order 57) are listed, organized and summarized in the spreadsheets that accompany this report. In the following sections of this part of this report, I also briefly describe the reasons for all of the change orders that have resulted in additional compensation for BIA Studio beyond its original Basic Fee. As shown in the following sections of this report, the reasons for the largest amounts of BIA Studio’s $2,739,925 in additional compensation for substantial changes in the scope of its services and additional services, not including its supplemental Basic Fee for construction and administration services during Phases 2 through 4 of the waterside reconstruction of the Woods Hole terminal, are as follows:

$ 768,186 Additional services provided by BIA Studio that are necessary for the SSA to comply with the Special Conditions required by the Falmouth Conservation Commission (the “FCC”) for the project, including conducting eel grass surveys once a year ($126,612 through 2020), conducting beach profile surveys twice a year ($108,184 through 2020), and hiring an Environmental Monitor to provide weekly reports to the FCC on the construction activities and impacts to resource areas onsite and on adjoining properties ($533,390 for all six of the original phases of the project). 1 See pp. 17-18, infra.

$ 408,513 By July 2017, BIA Studio had completed a proposed schematic design for the new terminal building that met the SSA’s program requirements. From then through various stages ending earlier this year, at the SSA’s request, BIA Studio developed numerous alternatives to the building’s schematic design in an attempt to minimize its obstruction of the view of the water from the vantage point of the Crane Street

1 Both the eelgrass surveys and the beach profile surveys are required to be conducted through 2028, three years after the completion of the project (which is now expected to be completed in 2025). The surveys for the years 2021 through 2028 are anticipated to cost around $545,000 in additional fees, based upon an assumed five percent (5%) per year increase in the cost of the surveys. The $533,390 cost of the Environmental Monitor does not include any equitable adjustment to the fees for these services to which BIA Studio may be entitled due to the currently anticipated three-to-four-year increase in the duration of the project. 6 of 27

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bridge and prepared presentations of those alternatives, including working with the Woods Hole Community Association (WHCA) and making revisions to various design options to try to address the public’s concerns about the design while ensuring that the building met all of the SSA’s operational needs. BIA Studios also investigated how far the building could be moved farther north on the site, reconfigured the building’s internal layout, studied a further reduction in the building’s program, studied the possibility of having a flat roof over the lobby with a publicly accessible terrace over it, and ultimately developed a revised concept design that moved employee program areas to the proposed new equipment storage building and eliminated the terminal building’s second floor. All of this additional work cost $294,578. Further, the two-to-three-year delay this caused at the end of the schematic design phase for the landside reconstruction of the Woods Hole terminal also entitled BIA Studio to a $113,935 equitable adjustment of its fees during the upcoming design development and construction documents phases. See pp. 19-21, infra.

$ 301,581 Equitable adjustment in the supplemental basic fee for BIA Studio’s construction administrative services during the waterside reconstruction of the Woods Hole terminal due to numerous additional responsibilities assumed by the design team during 2019 for a number of reasons. See pp. 15-16, infra.

$ 277,019 When it became clear that the success of the proposed design of the three new ferry slips depended upon the ability to drive large monopiles at numerous locations in the vicinity of new Slips 1, 2 and 3, BIA Studio developed and implemented a probing program to try to find out if there were any obstructions at any of those locations. When probes did encounter obstructions at the proposed location for Slip 1, additional waterside subsurface investigations were conducted in order to determine a functional design for that slip. See p. 13, infra.

$ 219,957 Additional construction administration services due to the additional time it took to complete construction of the General Office building. The original schedule called for a one-year construction phase starting in the third quarter of 2016. The actual start of construction was November 1, 2016 and the anticipated completion date was first delayed into January 2018, then through February 2018, then through April 2018, and then into September 2018 during the continuation of remedial and delayed work, completion of punch list items, and review of contractor-proposed remedial solutions for the HVAC system and duct work sealing problems. See p. 12, infra. ______$ 1,975,256

It should be noted that, while under the Contract the SSA has paid all of these additional fees to BIA Studio for substantial changes in the scope of its services and additional services, BIA Studio has not been the ultimate recipient of all of these fees. Indeed, after receiving payment of its fees, BIA Studio has in turn paid the majority of those fees to its other design team members

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on this project, primarily GZA GeoEnvironmental, Inc. (“GZA”), who have provided most of those additional services as consultants for BIA Studio:

Recipients of Additional Fees Authorized through Change Order 57 for Substantial Changes in Scope of Services and Additional Services BIA Studio $ 768,530 GZA GeoEnvironmental $ 1,616,382 Other BIA Studio Consultants $ 172,484 BIA Studio Overhead Mark-Up $ 164,891 Reimbursable Expenses $ 17,638 $ 2,739,925

A. BIA Studio’s Fees for the Project’s Permitting Process.

In the Contract, BIA Studio’s Basic Fee for its permitting services was established to be $240,000, and was based upon the assumption that all required environmental impact evaluations for the Project would be able to completed with available existing data and that BIA Studio would not need to undertake any significant traffic or other studies that would materially delay the permitting process. (Contract, Attachment A, Section 3.0(c)). Accordingly, in the Contract, the SSA and BIA Studio also agreed that the need to prepare any such studies would be a material change in the scope of services, for which BIA Studio would be entitled to an equitable adjustment in its Basic Fee. (Contract, Section 5.2; Contract, Attachment A, Section 3.0(c)).

A number of such studies and additional services were subsequently needed during the permitting process for many different reasons, briefly described below. Most of the work for these studies was performed by GZA, one of BIA Studio’s consultants on its design team for the project. $ 24,860 An eelgrass survey of the waters surrounding the Project was required by the Commonwealth of Massachusetts during the MEPA review process. (Change Order 1). $ 56,304 During the MEPA process, the Commonwealth of Massachusetts also required the SSA to meet new design criteria for sea level rise and sustainability of design; and the Massachusetts Architectural Access Board (MAAB) required new data and analysis for ensuring that the new ferry slips and passenger platforms met accessibility requirements, which necessitated the preparation of an extensive application for variances from the MAAB’s regulations for certain aspects of those structures. (Change Orders 1, 8 & 14). $ 20,900 An analysis had to be conducted to estimate the rise of the water table caused by the proposed subsurface stormwater infiltration systems to ensure that if any parts of any of the structures were going to be below the designed high water elevation, they would be designed to resist anticipated hydrostatic forces and have appropriate waterproofing systems installed. (Change Order 7).

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$ 11,442 Expansion of the Environmental Notification Form (ENF) for the project to ensure the comprehensiveness of the project description and obviate the need for the SSA to file a Draft Environmental Impact Report (EIR) and/or Final EIR, including much higher printing costs than originally anticipated. (Change Order 11). $ 16,101 During the proceedings before the Falmouth Conservation Commission (FCC), numerous questions about, and objections to, the project were raised primarily by the Woods Hole Community Association (WHCA) and considered by the FCC, which required GZA, in addition to preparing multiple responses to address those concerns, to prepare a Supplemental NOI Submittal to respond to written public comments received by the FCC, and to respond to a third-party review of the SSA’s Notice of Intent performed by Applied Coastal Research and Engineering on behalf of the FCC. (Change Order 11). $ 19,194 Finally, the SSA paid an additional $19,194 in fees for technical support services in connection with the administrative appeal that was filed by thirteen Falmouth residents who challenged the Department of Environmental Protection’s written determination authorizing the issuance of a Chapter 91 license to the SSA for its proposed reconstruction of the Woods Hole ferry terminal. (Change Orders 21 & 39). ______

$ 148,801 As a result, all of these additional studies and services increased the amount of BIA Studio’s compensation for its permitting services by $148,801, from $240,000 to $388,801.

B. BIA Studio’s Fees for the Design of the SSA’s New General Offices.

In Section 8.2(b) the Contract, BIA Studio’s Basic Fee for its design services related to the relocation of the SSA’s General Offices to the SSA’s Palmer Avenue parking lot was established to be $1,146,000, allocated as follows:

$ 231,000 Schematic Design Phase Services $ 235,000 Design Development Phase Services $ 353,000 Construction Documents Phase Services $ 327,000 Construction Administration Phase Services $ 1,146,000

The amount of the Basic Fee was based upon a number of assumptions, including the assumption that the space program for the General Offices already had been finalized and the assumption that the construction of the General Offices would be completed within the timeframes depicted on the Initial Project Phasing Schedule, namely, one year. (Contract, Attachment A, Section II).

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1. BIA Studio’s Fees for Its Services during the General Office’s Schematic Design, Design Development and Construction Documents Phases.

During the schematic design, design development and construction documents phases, the SSA approved seven change orders for equitable adjustments to BIA Studio’s Basic Fee due to substantial changes in the scope of BIA Studio’s services or for additional services, as follows: $ 7,205 An asbestos, lead and hazardous building materials assessment was conducted for the Palmer Avenue barn in order to prepare for its demolition. (Change Order 5). $ 5,942 BIA Studio developed several alternative office building layout options, including moving departments to different levels and in different arrangements, and provided the SSA with additional budget estimates. (Change Order 8). $ 10,275 BIA Studio provided support services help the SSA maximize the potential benefits from the Cape Cod Light Compact Utility Incentive Program, which resulted in additional reviews of the design documents by Cape Cod Light and National Grid throughout the design process for the purpose of incorporating suggested changes and/or enhancements to augment long-term energy performance and occupant comfort. (Change Order 9). $ 20,432 In response to a request from the SSA late in the design process, BIA Studio made changes to the office building server room in order to add two additional server racks and to increase the capacity of the HVAC and emergency generator. (Change Order 19). $ 12,000 BIA Studio was requested by the SSA to provide 3D computer-generated visualizations to convey the look and feel of the office environment for the purpose of helping employees better understand the character of the new office spaces. (Change Order 20). $ 14,564 BIA Studio’s Basic Fee was based upon the assumption that the building’s sanitary disposal would be via connection to the town sewer. Instead, GZA had to perform additional services for the design and permitting of the building’s septic system. (Change Order 39). $ 5,850 BIA Studio assisted the SSA with the prequalification process for bidders (both general contractors and filed sub-bid contractors) in accordance with Mass. G.L. c. 149, §§ 44E1/2 and 44D3/4, which was expressly identified as an Additional Service in Section 6.1(d) of the Contract. (Change Order 16). ______$ 76,268 As a result, all of these additional services increased the amount of BIA Studio’s compensation for its schematic design, design development and construction documents phase services, by $76,268, from $819,000 to $895,268.

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2. BIA Studio’s Fees for Its Services during the General Office’s Construction Administration Phase.

As previously noted, BIA Studio’s Basic Fee for its construction administration phase services with respect to the relocation of the SSA’s General Offices was established at $327,000, based upon the assumption that the construction of the General Offices would be completed within the timeframes depicted on the Initial Project Phasing Schedule, namely, one year. (Contract, Attachment A, Section II). In addition, pursuant to Section 3.15 of the Contract, BIA Studio was required to retain the services of a qualified testing laboratory and special field inspectors during the construction phase of the new General Office building (as well as the temporary Woods Hole terminal building) to ensure the quality of the structural steel erection and other related work, concrete foundation and slab placement, and excavation and compaction of fill in the proposed building pad. Also under Section 3.15, BIA Studio was entitled to be reimbursed for the cost of these services, including the services of qualified testing laboratories, as reimbursable costs and expenses under Article 7 of the Contract, which amounted to $182,576. (Change Order 23). As a result, the combined amount of BIA Studio’s basic fee for its construction administration phase services and its cost for providing these required testing and inspection services was $509,576.

During the construction administration phase, the SSA approved several change orders for equitable adjustments to BIA Studio’s Basic Fee due to substantial changes in the scope of BIA Studio’s services or for additional services, as follows: $ 61,747 BIA Studio prepared a number of design and construction change orders during construction of the General Office building, for which it was entitled to additional compensation under Section 6.1(a)&(f) of the Contract. It also assisted the SSA in the selection of office furniture and revised the interior design so that the furniture would be hardwired into the building. These additional services included: $ 20,630 The addition of the meeting room sound system, security measures for MIS department doors, and employee breakroom appliances. (Change Order 25). $ 22,350 Developing office systems furniture layout, component selection and coordination, and revisions to the electrical and data supply so that they are hardwired into the furniture systems. (Change Orders 26 & 33). $ 2,740 Incorporating an intercom system into the front door. (Change Order 27). $ 6,460 Revisions to utilize a standard master key system and to divide Room 219 into two offices. (Change Order 32). $ 3,847 Design of parking lot gates, concrete bases and detailed drawings of the gate installation layout and configuration that were to be provided by the SSA. (Change Order 39). $ 5,720 Additional landscape design services for the redesign of the back patio wall, a stepped terrace below the wall using reclaimed granite

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blocks, a bench back to the wall as a way of providing additional protection, and custom door stoppers. (Change Order 41). $ 219,957 Additional construction administration services due to the additional time it took to complete construction of the General Office building. The original schedule called for a one-year construction phase starting in the third quarter of 2016. The actual start of construction was November 1, 2016 and the anticipated completion date was first delayed into January 2018 (with landscaping completed later in the spring) (Change Order 34), then through February 2018 (Change Order 37), then through April 2018 (Change Order 38), and then into September 2018 during the continuation of remedial and delayed work, completion of punch list items, and review of contractor-proposed remedial solutions for the HVAC system and duct work sealing problems (Change Orders 40 & 47). ______$ 281,704 As a result, all of these additional services increased the amount of BIA Studio’s compensation for its construction administration phase services for the relocation of the SSA’s General Offices by $281,704, from $509,576 (for its basic fee and its inspection and testing services) to $791,280.

C. BIA Studio’s Fees for the Design of the Waterside Reconstruction of the Woods Hole Terminal.

1. BIA Studio’s Fees for Its Services during the Schematic Design, Design Development and Construction Documents Phases for the Waterside Reconstruction of the Woods Hole Terminal.

In Section 8.2(d) the Contract, BIA Studio’s Basic Fee for its design services related to the schematic design, design development and construction documents phases of the waterside reconstruction of the SSA’s Woods Hole terminal was established to be $1,357,000, allocated as follows:

$ 405,000 Schematic Design Phase Services $ 406,000 Design Development Phase Services $ 546,000 Construction Documents Phase Services $ 1,357,000

During the schematic design, design development and construction documents phases, the SSA approved nine change orders for equitable adjustments to BIA Studio’s Basic Fee due to substantial changes in the scope of BIA Studio’s services or for additional services, as follows: $ 54,558 Because a Phase II subsurface exploratory program of soils underneath the terminal’s wharf area, which was completed in 2013-2014, indicated the presence of 2-methylnaphthalene and arsenic above applicable Massachusetts Contingency Plan Reportable Concentrations, GZA conducted an additional boring program to generate additional soil and groundwater data to further evaluate the extent of the

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contaminant concentrations and the resulting potential off-site reuse/disposal alternatives. (Change Order 2). GZA also developed an additional groundwater monitoring program for the wells to evaluate seasonal trends in contaminant concentrations at the site. (Change Order 6). $ 277,019 When it became clear that the success of the proposed design of the three new ferry slips depended upon the ability to drive large monopiles at numerous locations in the vicinity of new Slips 1, 2 and 3, GZA developed and implemented a probing program to try to find out if there were any obstructions at any of those locations. (Change Order 10). When probes did encounter obstructions at the proposed location for Slip 1, additional waterside subsurface investigations were conducted in order to determine a functional design for that slip. (Change Order 22). $ 28,161 In order to ensure that the marine structures were designed based upon appropriate design criteria, the SSA requested that GZA conduct peer reviews of Childs Engineering Corp.’s waterside designs and deliverables. (Changes Orders 24 & 28). In this regard, GZA also conducted a study to evaluate and estimate the potential hydrostatic and hydrodynamic loading on the proposed waterfront structures. (Change Order 30). $ 49,274 In 2017, the SSA requested BIA Studio to study alternatives for adding a landside canopy to the bulkhead area between Slips 1 and 2 in order to provide additional protection for up to 100 passengers, for which BIA Studio then developed a design and included it in the design development drawing set for cost estimation. The SSA also requested BIA Studio to investigate whether additional canopies could be erected parallel to the waterside bulkhead, but after that investigation, BIA Studio and the SSA concluded that such additional canopies could not erected in that area due to numerous site, operational and aesthetic issues as well as schedule and permitting concerns. (Change Order 31). $ 5,097 Because a layer of peat was found in the area of the existing wharf, GZA developed a pre-consolidation program (including engineering evaluations, design work and construction drawings) to mitigate potential settlement there. (Change Order 39). $ 4,070 When the SSA decided to award a separate contract for the demolition of the old Woods Hole terminal building, instead of including the demolition in the waterside construction contract, GZA prepared additional drawings and specifications for that contract and assisted in the preparation of the terminal building demolition bid package. (Change Order 39). $ 8,125 GZA assisted the SSA in developing the invitation for bids for the Waterside Woods Hole Ferry Terminal Reconstruction Contract, including the preparation of the bid form’s unit price figures and estimated quantities for numerous categories of work to be used as the basis for the contractor’s payments under the contract and proposed change orders for greater or less quantities. (Change Order 39). ______$ 426,304 As a result, all of these additional services increased the amount of BIA Studio’s compensation for its schematic design, design development and construction documents phase services by $426,304, from $1,357,000 to $1,783,304.

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2. BIA Studio’s Fees for Its Services during the Construction Administration Phase for the Waterside Reconstruction of the Woods Hole Terminal.

As previously noted, when the Contract was executed in April 2015, the parties did not establish the amount of BIA Studio’s Basic Fee for its construction administration phase services for either the waterside or landside terminal reconstruction work after Phase I of the project (the construction of the temporary terminal building) because there was no reasonable basis at that time upon which to estimate what that fee should be. (Contract, Section 8.3). Accordingly, the parties agreed that the parties would negotiate the amount of BIA Studio’s supplemental Basic Fee for those construction administration services at a later time. (Contract, Section 8.3).

In addition, pursuant to Section 3.15 of the Contract, BIA Studio was required to retain the services of a qualified testing laboratory and special field inspectors during the construction phase of the waterside terminal reconstruction work to ensure the quality of the pile driving, structural steel erection and other related work, placement of steel reinforcement and cast-in-place concrete, excavation and compaction of fill and installation of bituminous pavement. Also under Section 3.15, BIA Studio was entitled to be reimbursed for the cost of these services, including the services of qualified testing laboratories, as reimbursable costs and expenses under Article 7 of the Contract.

Each year beginning in December 2017 when the construction contract for the waterside terminal reconstruction work was awarded, the combined supplemental basic fee for BIA Studio’s construction administration phase services and its inspection and testing services for the upcoming year have been agreed upon as follows: $ 811,463 For the period from December 6, 2017 through December 31, 2018, with the basic construction administration services costing $739,001 (Change Order 36) and the inspection and testing services costing $72,462, including $15,452 for dynamic pile load testing that was inadvertently omitted from Change Order 35 (Change Orders 35 & 42). $ 798,413 For the period from January 1, 2019 through December 31, 2019, with the basic construction administration services costing $652,345 (Change Order 49) and the inspection and testing services costing $146,068 (Change Order 50). $ 1,179,600 For the period from January 1, 2020 through December 31, 2020. (Change Order 54). (The change order set forth the cost of the testing agency for the year to be $158,000.) ______$ 2,789,476 Thus, the combined supplemental basic fee for BIA Studio’s construction administration phase services and its inspection and testing services for the waterside terminal reconstruction work through December 31, 2020 is currently projected to be $2,789,476. For 2021, the combined supplemental basic fee for BIA Studio’s construction administration phase services and its inspection and testing services for the waterside terminal reconstruction work during the remainder of Phase 4 next year is currently anticipated to be around $800,000.

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So far during the construction administration phase of the waterside terminal reconstruction work, the SSA also has approved several change orders for equitable adjustments to BIA Studio’s supplemental basic fee due to substantial changes in the scope of BIA Studio’s services or for additional services, as follows: $ 7,015 At the SSA’s request, GZA provided full-time, on-site personnel during the demolition of the old terminal building, which took five days from March 5, 2018 through March 9, 2018. (Change Order 39). $ 301,581 Equitable adjustment in the supplemental basic fee due to numerous additional responsibilities assumed by the design team, primarily GZA, during 2019 for a number of reasons (Change Order 53), 2 including: $ 27,500 the replacement of the marine engineering firm (Childs Engineering Corp.) with GZA; $ 12,791 GZA’s additional environmental services due to the extended time it took to complete the excavation and demolition of the existing wharf, the preparation of an immediate response action plan for a sheen that was observed on the water during demolition and excavation, and making alternative arrangements for the transportation and disposal of the remaining soils from the disposal site, including locating a disposal facility and performing testing of the soils. $ 26,877 Revisions to the vessel fueling system so that it would allow fueling at each slip as the slip is completed. $ 6,998 Additional construction administration services for the new vacuum pumps, vault, building, piping and tie-in to the Falmouth force main. $ 23,470 Evaluating existing conditions and developing a remediation plan due to the seaward and downward movement of the completed new sheet pile bulkhead at Slip 3 in January 2019. $ 45,174 Evaluating options and developing a solution to allow for the use of Monopile #8 after an obstruction was encountered that prevented it from being advanced beyond elevation -60.0 feet.

2 Even though this change order for additional construction administration services during 2019 increased BIA Studio’s fee for those services by $301,581, it should be noted that BIA Studio did not bill for all of the original 2019 construction administration and owner’s testing service fees that had been authorized. Change Order 49 originally had authorized $824,280 for construction administrative services during the waterside terminal reconstruction work in 2019, but it was ultimately closed out after only $652,345 had been billed under that change order (a reduction of $171,935). In addition, Change Order 50 originally had authorized $253,908 for owner’s testing services during 2019, and it was similarly closed out after only $146,068 had been billed on that change order (a reduction of $107,840). 15 of 27

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$ 23,430 Unforeseen conditions and delays encountered during the initial Phase 2 dynamic pile testing (PDA). $ 6,300 Additional pre-construction surveys in 2019 at 22 Water Street, 9 Little Harbor Road and the Woods Hole Library. $ 3,479 Additional real-time vibration monitoring on a “one-time” basis at specific off-site locations. $ 57,200 Evaluating existing conditions and developed concepts for several options when the sheet piling at the northeast corner of the site, which was to be installed to a tip elevation that varied between -29 feet and -35 feet, could not be advanced beyond elevation -20 feet. The selected option consisted of utilizing, supplementing and protecting existing structures by over sheeting (installing and connecting new sheet piling to the face of existing structures) and filling voids and gaps between the existing structure and over-sheet with concrete. $ 18,496 Redesign of all of new ferry terminal fender chain assemblies with larger chains and new tensioners when the U-bolt tensioners on the new fenders began to yield and fail after the SSA occupied and began using Slip 3. $ 8,340 Providing additional development and detailing of several structural elements required for construction, including column anchorage, support brackets, guide plates and strut attachment of the slip gallows frame, and the pre-cast plank/cast-in-place concrete topping and pile cap connection. $ 3,640 Due to unforeseen conditions encountered during construction and other unexpected events, the extent of construction completed during Phase 2 was less than the programmed limits. As a result, GZA had to redesign the re-grading of the site after the completion of Phase 2, evaluate the utility and drainage terminations, and design a temporary gravity wall to accommodate the revise construction phase limits. $ 18,874 Design of a temporary timber passenger loading platform that was required on the south side of existing Slip 2 during Phase 3, including construction drawings and additional direction during platform construction. $ 6,582 Peer review of the design of the guide piles required to anchor the floating platforms at the end of each pier, including the performance of an L-Pile analysis. $ 2,530 Services in connection with assessing the final size location of the new terminal building, as well as the building’s resiliency as modeled by the Woods Hole Group.

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$ 9,900 Additional services for the final selection and layout of concrete unit pavers, paving bands, granite bulkhead caps, stairs, bollards and rails, including the review of submittals, shop drawings and requests for information. $ 74,600 At the SSA’s request, BIA is revising the programmed improvements to the north corner of the terminal site (north of Slip 3, abutting the intersection of Luscombe and Railroad Avenues), which is programmed for use as a public park, in light of an evaluation that the existing shoreline structures are in good condition. The proposed modifications would eliminate a new bulkhead anchorage system and require only limited additional demolition, and the existing steel piles and sheet piles would be incorporated into the design and their service life extended through the installation of cathodic protection. (Change Order 56). ______$ 383,196 As a result, all of these additional services increased the projected amount of BIA Studio’s compensation for its construction administration phase services for the waterside reconstruction of the Woods Hole terminal through December 31, 2020 by $383,196, from $2,789,476 (for its basic fee and its inspection and testing services) to $3,172,672.

3. BIA Studio’s Fees during the Construction Administration Phase for the Waterside Reconstruction of the Woods Hole Terminal to Comply with Special Conditions Required by the Falmouth Conservation Commission.

In April 2016, the Falmouth Conservation Commission (FCC) included a number of special conditions in its Order of Conditions for the project after numerous environmental concerns were raised by the Woods Hole Community Association, including the project’s potential impact on eelgrass beds that are located in Great Harbor north and south of the Woods Hole terminal, and potential sediment transport due to ferry prop wash on the beach area south of the terminal. These special conditions in the FCC’s Order of Conditions have required additional services from BIA Studio that will need to continue through 2028 and which are briefly described below. $ 126,612 Special Condition 4 of the FCC’s Order of Conditions required the SSA to immediately begin collecting eel grass surveys to establish a baseline for which future surveys will be compared to determine if the project during construction or once completed is having an adverse effect on the resource area. Eel grass surveys are required to be conducted once a year and to continue through 2028, three years after the completion of the project (which is now expected to be completed in 2025). BIA Studio’s fees for conducting the eelgrass surveys from 2016 through 2020 have amounted to $126,612, as follows: $ 23,431 2016 Initial Eelgrass Surveys. (Change Order 15). $ 23,430 2017 Eelgrass Surveys. (Change Order 29). $ 25,300 2018 Eelgrass Surveys. (Change Order 39). $ 26,566 2019 Eelgrass Surveys. (Change Order 51).

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$ 27,885 2020 Eelgrass Surveys (Change Order 55). 3 $ 108,184 Special Condition 3 of the FCC’s Order of Conditions required the SSA to immediately begin collecting beach profile surveys from the adjacent beach to the south to establish a baseline for which future surveys will be compared to determine if the project during construction or once completed is having an adverse effect on the resource area. Beach surveys are required to be conducted twice a year and to continue through 2028, three years after the completion of the project (which is now expected to be completed in 2025). BIA Studio’s fees for conducting the beach surveys from 2016 through 2020 have amounted to $108,184, as follows: $ 34,539 Beach Surveys for 10/2016, 4/2017 & 10/2017. (Change Order 18). $ 23,045 Beach Surveys for 4/2018 & 10/2018. (Change Order 39). $ 24,200 Beach Surveys for 4/2019 & 10/2019. (Change Order 51). $ 26,400 Beach Surveys for 4/2020 & 10/2020 (Change Order 55). 4 $ 533,390 5 Special Condition 9 of the FCC’s Order of Conditions required the SSA to hire an Environmental Monitor, to be approved by the FCC, to provide weekly reports to the FCC on the construction activities and impacts to resource areas onsite and on adjoining properties. BIA Studio’s fees for this Environmental Monitor are for all six of the original phases of the project. (Change Order 17). ______$ 768,186 As a result, all of these additional services that are necessary for the SSA to comply with the Special Conditions required by the Falmouth Conservation Commission have increased the amount of BIA Studio’s compensation for its construction administration phase services through 2020 by an additional amount of $768,186.

3 The eelgrass surveys for the years 2021 through 2028 are anticipated to cost around $280,000 in additional fees, based upon an assumed five percent (5%) per year increase in the cost of the surveys.

4 The beach surveys for the years 2021 through 2028 are anticipated to cost around $265,000 in additional fees, based upon an assumed five percent (5%) per year increase in the cost of the surveys.

5 This $533,390 cost of the Environmental Monitor does not include any equitable adjustment to the fees for these services to which BIA Studio may be entitled due to the currently anticipated three-to-four-year increase in the duration of the project. 18 of 27

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D. BIA Studio’s Fees for the Design of the Landside Reconstruction of the Woods Hole Terminal.

1. BIA Studio’s Fees for Its Services during the Schematic Design Phase for the Landside Reconstruction of the Woods Hole Terminal.

In Section 8.2(c) of the Contract, BIA Studio’s Basic Fee for its schematic design phase services for the landside reconstruction of the SSA’s Woods Hole terminal was established to be $549,000. So far during the schematic design phase, the SSA has approved seven change orders for equitable adjustments to BIA Studio’s Basic Fee due to substantial changes in the scope of BIA Studio’s services or for additional services, as follows: $ 88,734 The subsurface conditions at the proposed locations for the new terminal building and other locations had to be investigated and documented. (Change Order 3). When buried peat and organic silt were found at those locations, more evaluation (including a boring program) was required. (Change Order 12). $ 9,460 An asbestos, lead and hazardous building materials assessment was conducted for the existing freight shed in order to prepare for its demolition. (Change Order 4). $ 46,840 By July 2017, BIA Studio had completed a proposed schematic design for the new terminal building that met the SSA’s program requirements. But in order to provide the SSA’s passengers more protection from the elements, at the SSA’s request, BIA Studio included a roof over the proposed plaza, which had not been included in the Feasibility Study’s consensus concept plan for the terminal and which increased the length of the building and, consequently, the obstruction of the view of the water from the vantage point of the Crane Street bridge. From then through April 2018, BIA Studio developed numerous alternatives to the building’s schematic design in an attempt to minimize this view obstruction while still providing covering over the plaza (including a large flat pergola with glass coverings, a glass covered saltbox, and one and two bay butterfly canopies identical to the pier canopies), and prepared presentations of those alternatives. (Change Order 45). $ 49,798 In June 2018, it was agreed that BIA Studio would develop an alternative design for the terminal building without the large covered area over the plaza, but instead with seasonal fabric-covered structures to provide the SSA’s passengers with protection from the elements, and with other agreed-upon revisions. BIA Studio completed the revised design and then presented it to the Port Council and the SSA’s Board in August 2018. (Change Order 46). $ 99,000 In October 2018, the SSA presented the revised design for the terminal building to the public. In response to the large number of critical comments it received about the design, the SSA spent the following four months working with the Woods Hole Community Association (WHCA) to try to address the public’s concerns about the design while ensuring that the building met all of the SSA’s operational needs. During this time, BIA Studio provided support services to the SSA, participated in meetings with the WHCA, developed additional potential design options and revised those options, and created view shadow diagrams for each of the four

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options it had developed, all of which were presented to the public in March 2019. (Change Orders 48 and 58). $ 98,940 Later in 2019, BIA Studios investigated numerous other potential revisions to the terminal building’s design, including investigating how far the building could be moved farther north on the site, reconfiguring the building’s internal layout, studying a further reduction in the building’s program (e.g., such as eliminating the multipurpose room), studying the possibility of having a flat roof over the lobby with a publicly accessible terrace over it, developing a revised design that moved employee program areas to the proposed new equipment storage building and eliminating the terminal building’s second floor, and studying a new viewing platform at a suitable location along Crane Street. (Change Order 52). ______$ 392,772 As a result, to date all of these additional services have increased the amount of BIA Studio’s compensation for its schematic design phase services for the landside reconstruction of the Woods Hole terminal by $392,772, from $549,000 to $941,772.

2. BIA Studio’s Fees for Its Services during the Design Development and Construction Documents Phases for the Landside Reconstruction of the Woods Hole Terminal.

Also in Section 8.2(c) of the Contract, BIA Studio’s Basic Fee for its design development phase services for the landside reconstruction of the SSA’s Woods Hole terminal was established to be $722,000, and its Basic Fee for its constructions documents phase services was established to be $864,000, for a total of $1,586,000. So far during this project, the SSA has approved three change orders for equitable adjustments to BIA Studio’s Basic Fee during these phases due to substantial changes in the scope of BIA Studio’s services or for additional services, as follows: $ 37,934 In 2016, the Town of Falmouth’s Department of Public Works agreed that the SSA could have a direct connection for its vessel sanitary pump-out system to the Town’s existing sanitary sewer force main instead of maintaining the existing connection to the Town’s gravity sewer system. Accordingly, GZA provided preliminary design, final design and permitting services to develop a new sewage pumping station, force main and force main connection at the terminal site. (Change Order 13). $ 2,574 GZA also designed and performed a structural analysis for the proposed new fences on the north and south sides of the terminal. Because the height of the fence required by the SSA’s agreement with its southern neighbor required the fence to be a minimum 6.5-feet tall, the state building code required that it be designed to resist the design wind load for the site. (Change Order 39). $ 113,935 Based upon the Initial Project Phasing Schedule for the project, which was attached as Attachment E to the Contract, the design development phase for the terminal’s landside reconstruction work was to begin in May 2016. In August 2018, the parties were anticipating restarting the phase the following month, representing a 28-month delay. Because Section 5.2 of the Contract provides for an equitable 20 of 27

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adjustment in BIA Studio’s Basic Fee due to a significant increase in the duration of the project as provided in the Feasibility Study, or as otherwise agreed upon, that is not BIA Studio’s fault, the parties agreed (in Change Order 45) to increase the amount of BIA Studio’s Basic Fee for its design development and construction documents phase services by ten percent (10%) of the balance of fees for those services that had not yet been invoiced, as follows: A $40,495 increase in BIA Studio’s Basic Fee for its design development phase services, representing an increase of 10% of the design development fees balance that had not yet been invoiced ($404,952 of the $722,000 entire amount). A $73,440 increase in BIA Studio’s Basic Fee for its construction documents phase services, representing an increase of 10% of the construction documents fees balance that had not yet been invoiced ($734,400 of the $864,000 entire amount). $ 76,500 Because the design process had indicated that it would be difficult to complete all of the Phase 5 work for the construction of the new terminal building in one off- season, the parties agreed to add an early enabling phase to the schedule to complete utilities, grading and foundation preparations for the building so that the terminal building construction work itself can be reasonably completed within the limited off-season window the following year. In addition, the advance completion of this work before construction of the building would also improve traffic flow across the site, particularly during ferry loading and unloading operations. Accordingly, the parties agreed (also in Change Order 45) to an equitable adjustment of BIA Studio’s Basic Fee for its design development and construction documents phase services to accomplish this division of Phase 5 into Phases 5A and 5B, as follows: A $37,800 increase in BIA Studio’s Basic Fee for its design development phase services due to the additional drawings and coordination required, including the development of phase specific site preparation, demolition, layout, grading, drainage, utility, interim conditions, site operations and circulation plans. A $38,700 increase in BIA Studio’s Basic Fee for its construction documents phase services due to the additional bid package that will have to be prepared and the additional integration, coordination and assistance that will be required. ______$ 230,993 As a result, to date all of these additional services and equitable adjustments have increased the amount of BIA Studio’s compensation for its design development and construction documents phase services for the landside reconstruction of the Woods Hole terminal by $230,993, from $1,586,000 to $1,816,993.

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3. BIA Studio’s Fees for Its Construction Administration Services during Phase I of the Landside Reconstruction of the Woods Hole Terminal.

Also in Section 8.2(c) of the Contract, BIA Studio’s Basic Fee for its construction administration services during Phase I of the landside reconstruction of the SSA’s Woods Hole terminal (construction of the temporary terminal building) was established to be $163,000. During this Phase I, the SSA approved on change order for equitable adjustments to BIA Studio’s Basic Fee for its construction administration services due to substantial changes in the scope of BIA Studio’s services or for additional services, as follows: $ 8,943 Revision of sanitary sewer connection design due to unforeseen obstruction of proposed connection by unknown underground utility corridors; assistance in coordinating repair of water main damaged by the SSA’s site contractor; review of contractor’s proposed change order for sanitary sewer connection and temporary vehicle access; and coordination with the Town of Falmouth to obtain permits for water and sewer connections. (Change Order 39). $ 5,170 Providing on-site survey and engineering services for the preparation and submittal of a FEMA elevation certificate for the temporary terminal building. (Change Order 39). ______$ 14,113 As a result, these additional services increased the amount of BIA Studio’s compensation for its construction administration phase services during Phase I of the landside reconstruction of the Woods Hole terminal by $14,113, from $163,000 to $177,113.

III. There Has Been Substantial Compliance with the Contract’s Other Requirements for Authorizing BIA Studio’s Additional Compensation.

I also have reviewed whether the SSA and BIA Studio have complied with the other requirements contained in the Contract for authorizing BIA Studio’s additional compensation and have concluded that, for the most part, the parties did comply with those requirements. Further, even when the parties did not comply with a particular requirement, it did not result in BIA Studio receiving more fees than it otherwise would have been entitled to receive under the Contract.

A. The requirement that the parties agree to BIA Studio’s fee for additional services in advance.

Under Section 6.1 of the Contract, the SSA and BIA Studio were to agree upon BIA Studio’s fee for any additional services prior to BIA Studio’s performance of those services. One purpose of this provision is to ensure that, from the outset, the parties agree that such services are in fact additional services for which BIA Studio is entitled to additional compensation, rather than part of BIA Studio’s basic services for which no additional fee is due. It also prevents the SSA from being unpleasantly surprised at the amount of BIA Studio’s proposed fee for the additional services after they have been performed, as well as preventing an unpleasant surprise for BIA

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Studio it the SSA were then to conclude that BIA Studio’s proposed fee is unreasonably high and refuse to pay it.

Most of the 57 change orders that authorized payment of additional compensation under the Contract were prepared and executed before the services that were the subject of those change orders were performed, while nine change orders were executed after some or all of the additional services authorized by those change orders already had been performed. (Change Orders 8, 11, 14, 19, 31, 39, 46, 48 and 53). But it appears that, even with respect to those nine change orders, the SSA and BIA Studio had agreed before the services had been performed that the services were additional services for which BIA Studio would be entitled to additional compensation and that BIA Studio would be paid for those services on an hourly basis, at agreed-upon hourly rates, plus reimbursable expenses. In those instances, the SSA also was the one who directed BIA Studio to begin performing additional services before the formal change orders were executed to prevent the project from being delayed or to address unforeseen conditions or unexpected situations, and BIA Studio did as the SSA directed.

Thus, on those nine occasions, it was BIA Studio who was placed at a potential disadvantage if the parties later had been unable to reach agreement on the appropriate amount of BIA Studio’s fees. But the risk of disagreement was minimized by having the fees for those additional services billed on an hourly basis and based upon agreed-upon billing rates. As a result, the parties were subsequently able to agree on the amount of BIA Studio’s fees for all of the additional services it performed prior to the execution of each of those nine change orders.

B. The requirement that each change order contain a “not to exceed” amount.

Sections 6.1 and 6.3 also both provide that each cost proposal for, or authorization of, additional services, as well as any associated reimbursable expenses, is to contain a “not to exceed” amount. While the change orders have not explicitly contained this “not to exceed” language, many have contained equivalent language, namely, providing for a “fixed fee” or an “upset limit.” Even more importantly, the SSA’s payments on a change order have never exceeded the authorized amount of that change order. As a result, I have concluded that the parties always have intended that the amount of the fee authorized by each of the change orders under the Contract to be a “not to exceed” fee, and that they further understood that if there were any changes in the scope of those additional services that might justify even more additional compensation, BIA Studio would receive additional fees only if the parties were to execute a revised or separate change order authorizing them.

My review of BIA Studio’s invoices also pleasantly confirmed that, while the authorized amounts of BIA Studio’s change orders were appropriately the maximum amounts that BIA Studio could charge for its additional services, they were not also inappropriately considered to be the minimum amounts that could be charged as well. Indeed, BIA Studios completed 15 change orders that were billed on an hourly basis before its fees had reached their authorized “not to exceed” amounts, allowing the SSA recently to close out those completed change orders (in Change Order 57) and thereby reduce the aggregate amount of the SSA’s authorized obligations under the Contract by $365,060.

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However, none of the change orders contain any “not to exceed” language for associated reimbursable expenses. To the contrary, many of the change orders provide for a specific fee “plus reimbursable expenses” or state that “reimbursable expenses for travel, printing and shipping are in addition to labor and will be billed at 1.10 times actual costs.” But the failure to specify a “not to exceed” amount for reimbursable expenses in BIA Studio’s change orders does not appear to have increased the amount of reimbursable expenses paid by the SSA, as all of the reimbursable expenses billed by BIA Studio were appropriate reimbursable expenses under the Contract. Indeed, the total amount of BIA Studio’s reimbursable expenses that have been billed under all of the 57 change orders through June 2020 has been $17,638. Nevertheless, going forward the parties should make certain that BIA Studio’s change orders contain a “not to exceed” amount not only for BIA Studio’s fees, but also for its reimbursable expenses.

C. The requirement that change orders for a lump sum fee be accompanied by a Truth-in-Negotiations Certificate.

Under Section 6.3(a) of the Contract, any change order for a lump sum fee is to be accompanied by a Truth-in-Negotiations Certificate in the form set forth in Attachment C to the Contract. As set forth in that form, by executing a Truth-in-Negotiations Certificate, BIA Studio certifies and agrees to the following:

(a) That the wage rates, billing rates and other costs used to support BIA Studio’s compensation for the change order are accurate, complete and current at the time of contracting; and

(b) That the original contract price and any addition to the Contract may be adjusted within one year of completion of the Contract to exclude any significant amounts if the SSA determines that the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates, billing rates or other costs.

Twenty-six change orders (Change Orders 1, 4, 5, 6, 7, 13, 15, 18, 19, 20, 25, 26, 27, 29, 30, 31, 32, 33, 34, 37, 38, 39, 41, 45, 51 and 55) had been executed without having been accompanied by any Truth-in-Negotiations Certificates; but after the SSA brought this to BIA Studio’s attention, BIA Studio executed and provided the SSA with a Truth-in-Negotiations Certificate that contains the requisite certifications and agreements for each and every one of those change orders.

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D. The requirement that change orders whose fees are on an hourly basis be based upon agreed-upon billing rates.

Under Section 6.3(b) and Attachment B of the Contract, with respect to any change order whose fees are on an hourly basis, such fees are to be based upon the billing rates set forth in Appendix B of the Contract, provided that: BIA Studio is allowed to request annual adjustments in any of those billing rates effective on each anniversary date of the Contract (April 21st), so long as the annual billing rate adjustments do not exceed five percent (5%) unless otherwise expressly approved by the SSA; and the SSA’s approval of such billing rate increases are subject to verification by the SSA and may not be unreasonably withheld.

Beginning in December 2017, BIA Studio has prophylactically complied with these provisions of the Contract by annually submitting to the SSA a proposed hourly rate schedule for each upcoming calendar year for all of its personnel and consultants assigned to the project, and the SSA has approved each of those hourly rate schedules. (Change Order 36 for 2018; Change Order 49 for 2019; and Change Order 54 for 2020). But it should be noted that the hourly rates charged by BIA Studio for the primary professionals assigned to this project consistently have been lower than what BIA Studio has been entitled to charge under the Contract. For example: Architect Chris Iwerks’ initial hourly rate under the Contract was $204, entitling BIA Studio to increase his rate on April 21, 2016 by 5% to $214. Instead, his hourly rate increased to only $205. Then, under the Contract, his hourly rate could have increased by another 5% on April 21, 2017 to $225, and by another 5% on April 21, 2018 to $236; but by the end of 2018 his hourly rate was still only $215. Currently, under the Contract, his hourly rate could have been increased by 5% two more times to $260, but he is still only charging the SSA an hourly rate of $247. Architect Lian Davis joined BIA Studio in late 2016 and his agreed-upon hourly rate by January 2018 was $145. Thus, under the Contract, BIA Studio could have increased his rate on April 21st of each of the last three years to $168, but it currently is only charging the SSA an hourly rate of $160 for his services. GZA Project Manager Dino Fiscaletti’s initial hourly rate under the Contract was $195, entitling BIA Studio to increase his rate by 5% on April 21, 2016 and another 5% on April 21, 2017 to $215, but his hourly rate instead remained at $195 during that time. Since then, BIA Studio could have increase his hourly rate by 5% on April 21st of each of the last three years to $249, but BIA Studio’s hourly rate schedule for 2020 lists his approved hourly rate at $242 and through June 2020 his services were still being billed at an hourly rate of only $219.72. GZA Licensed Site Professional and Environmental Principal Albert Ricciardelli’s initial hourly rate under the Contract was $278, entitling BIA Studio to increase his rate by 5% on April 21st of each of the last five years to $355. But BIA Studio’s hourly rate schedule for 2020 lists his approved hourly rate at $276, and through June 2020 his services were still being billed at an hourly rate of only $250.

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Despite the fact that its annual proposed hourly rate schedules have listed dozens of personnel and consultants assigned to the project (e.g., 36 individuals were listed on its proposed hourly rate schedule for 2020), BIA Studio has sometimes not anticipated everyone who will be asked to provide services for the project during the upcoming year, particularly those individuals employed by its consultant GZA. For example, BIA Studio’s Invoice No. 49 for June 2020 included charges for four hours billed by Senior Project Manager Stephen Lecco even though he was not included on BIA Studio’s proposed hourly rate schedule for 2020. But Mr. Lecco had been included in BIA Studio’s original hourly rate schedule set forth in Attachment B to the Contract, at an hourly rate of $147 as of April 21, 2015, and his billing rate subsequently had increased to $165.18 by the end of 2018 (below the $170 limit that his billing rate could have reached if it had been increased by 5% per year for three years). As a result, BIA Studio did not need to include Mr. Lecco in its proposed hourly rate schedule for 2020, because in June 2020, GZA was continuing to bill Mr. Lecco’s services at the hourly rate of $165.18 even though, under the Contract, his hourly billing rate could have been increased to $188.

BIA Studio’s proposed hourly rate schedule for 2020 also did not include any billing rates for individuals employed by its electrical/mechanical/plumbing engineering consultant because at the time BIA Studio was engaging a new firm for that work. Since then, BIA Studio has selected the firm of Garcia Galuska & DeSouza (“GG&D”) and, thankfully, the hourly rates billed by GG&D’s engineers have been substantially lower than the hourly rates the SSA had approved for BIA Studio’s previous electrical/mechanical/plumbing engineering consultant for 2019.

Under Sections 7.1 and 7.3 of the Contract, BIA Studio is entitled to be reimbursed for its actual cost of the new consultant’s services, plus no more than 10% of that cost for its overhead mark-up, but not until the SSA has approved the consultant’s hourly rates. While the SSA’s approval of GG&D’s hourly rates can be construed by its approval of BIA Studio’s invoices that showed the hourly rates being billed by GG&D’s engineers, going forward the parties should make certain to update the then-current hourly rate schedule whenever new individuals begin performing services under the Contract and the SSA approves their hourly rates.

In addition, BIA Studio is required to submit a Truth-in-Negotiations Certificate in connection with all of its annual billing rate adjustments, and this requirement was overlooked by the parties. But, again, after the SSA brought this to BIA Studio’s attention, BIA Studio executed and provided the SSA with a Truth-in-Negotiations Certificate that contains the requisite certifications and agreements for each and every one of its billing rate adjustments.

E. The requirement that BIA Studio’s overhead mark-up on its consultants’ fees not exceed ten percent (10%) of its actual expense.

On April 24, 2015, BIA Studio executed the Designer’s Truth-in-Negotiations Certificate confirming that the wage rates, billing rates, and other costs used to support BIA Studio’s compensation under the Contract were accurate, complete and current at the time of contracting. Although the Contract itself did not provide a breakdown of BIA Studio’s Basic Fee, that fee was based upon BIA Studio’s projected hours of work for its personnel and consultants who were then assigned to the project and listed in Attachment B to the Contract, its projected allowable

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reimbursable expenses under the Contract (not including any travel expenses in connection with the performance of its Basic Services under the Contract), and no more than 10% of the cost of its listed consultants (but not its own personnel) and reimbursable expenses as its overhead mark-up.

With respect to the provision of any additional services under the Contract, Sections 7.1 and 7.3 of the Contract entitle BIA Studio to be reimbursed for the cost of not only the personnel and consultants listed in Attachment B to the Contract, but also additional personnel and consultants it subsequently has hired to provide services for the project who were not included in that Attachment B, its other actual costs for items not included in the Basic Fee (including travel in connection with the performance of additional services), and no more than 10% of the cost of its consultants and reimbursable expenses as its overhead mark-up. When it submitted each of its proposed change orders for additional services, BIA Studio provided a breakdown of its proposed fee showing what portions of the fee were for its own personnel, for each of its consultants, and for its overhead mark-up; and BIA Studio’s overhead mark-up for the services of its consultants has never exceeded ten percent (10%) of BIA Studio’s actual expenses. Indeed, in a few cases it has been less than that, lowering BIA Studio’s average overhead mark-up percentage on the cost of its additional services that were provided by its consultants under the Contract to approximately 9.22%.

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SUMMARY OF PERMITTING, DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE RECONSTRUCTION OF THE WOODS HOLE TERMINAL AND THE CONSTRUCTION OF THE NEW GENERAL OFFICES

Through Change Order # 57

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Permitting, Design and Construction Administration Services for the Reconstruction of the Woods Hole Terminal and the Construction of the New General Offices through Change Order # 57

Basic Subst. Changes Project Phase Services & Add'l Services TOTAL

Permitting for the Reconstruction of the Woods Hole Terminal $ 240,000 $ 148,801 $ 388,801

Relocation of the SSA's General Offices Schematic Design $ 231,000 $ 23,422 $ 254,422 Design Development $ 235,000 $ 46,996 $ 281,996 Construction Documents $ 353,000 $ 5,850 $ 358,850 Construction Administration $ 509,576 $ 281,704 $ 791,280

$ 1,328,576 $ 357,972 $ 1,686,548

Waterside Reconstruction of the Woods Hole Terminal - Phases 2-4 Schematic Design $ 405,000 $ 331,577 $ 736,577 Design Development $ 406,000 $ 82,532 $ 488,532 Construction Documents $ 546,000 $ 12,195 $ 558,195 Construction Administration $ 2,789,476 $ 1,151,382 $ 3,940,858

$ 4,146,476 $ 1,577,686 $ 5,724,162

Landside Reconstruction of the Woods Hole Terminal Schematic Design $ 549,000 $ 392,772 $ 941,772 Design Development $ 722,000 $ 118,803 $ 840,803 Construction Documents $ 864,000 $ 112,140 $ 976,140 Construction Administration Phase 1 $ 163,000 $ 14,113 $ 177,113 Phases 5-8

$ 2,298,000 $ 637,828 $ 2,935,828

Miscellaneous Unallocated Reimbursable Expenses $ 17,638 $ 17,638

TOTAL PERMITTING, DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES - through Change Order 57 $ 8,013,052 $ 2,739,925 $ 10,752,977

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PERMITTING FOR THE RECONSTRUCTION OF THE WOODS HOLE TERMINAL

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Permitting for the Reconstruction of the Woods Hole Terminal Basic Subst. Changes Date CO# Description Services & Add'l Services

4/21/2015 Design Contract Basic Fee $ 240,000

6/3/2015 1 Eelgrass Survey Requested by MEPA $ 24,860

6/3/2015 1 Sea Level Rise and Sustainable Design Issues; Vessel Door Height Measurements to Establish Accessbility of Design $ 10,949

12/29/2015 7 Mounding Analysis to Estimate the Rise of the Water Table Caused by the Proposed Subsurface Stormwater Infiltration System $ 20,900

2/22/2016 8 Investigated Alternative Temporary Terminal Construction Types and Costs; Developed Vessel Boarding Height Evaluation; Investigated Permanent Terminal Elevation Increase to BFE+2 $ 22,776

3/14/2016 11 Additional MEPA ENF Services $ 11,442

3/14/2016 11 Additional Falmouth Conservation Commission Services; Review of Waterside Design Work $ 16,101

6/6/2016 14 Architectural Access Board Variance Application; Comparison of 8th & 9th Editions of State Building Code $ 22,579

11/16/2016 21 Technical Support Services in Connection 57 with the Administrative Appeal of the Chapter 91 License $ 19,194

$ 240,000 $ 148,801

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RELOCATION OF THE SSA’S GENERAL OFFICES

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Relocation of the SSA's General Offices Basic Subst. Changes Date CO# Description Services & Add'l Services

4/21/2015 Schematic Design Phase $ 231,000

10/20/2015 5 Asbestos and Hazardous Materials Assessment for the Palmer Avenue Barn $ 7,205

2/22/2016 8 Developed Alternative Office Building Layout Options and Additional Budget Estimates $ 5,942

3/11/2016 9 Cape Cod Light Compact Utility 57 Incentive Program Support Services $ 10,275

$ 231,000 $ 23,422

4/21/2015 Design Development Phase $ 235,000

10/26/2016 19 Changes to Building Layout to 57 Accommodate Two Additional Server Racks and Increase Capacity of HVAC and Emergency Generator $ 20,432

11/16/2016 20 Computer-Generated 3D Visualization of General Office Space $ 12,000

4/5/2018 39 Septic System Design and Permitting $ 14,564

$ 235,000 $ 46,996

4/21/2015 Construction Documents Phase $ 353,000

8/4/2016 16 Mass.G.L. c. 149 Prequalfication Process Services $ 5,850

$ 353,000 $ 5,850

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Relocation of the SSA's General Offices Basic Subst. Changes Date CO# Description Services & Add'l Services

4/21/2015 Construction Administration Phase $ 327,000

12/14/2016 23 Performing Owner's Testing Services for 57 Quality Control and Field Engineering/Testing Services $ 182,576

2/21/2017 25 Design and Construction Change Orders for Conference Room Sound System, Security Revisions, and Break Room Appliances $ 20,630

3/27/2017 26 Office Systems Furniture Layout, Component Selection, and Coordination Assistance $ 14,500

5/8/2017 27 Additional Design to Incorporate a Front Door Intercom $ 2,740

9/29/2017 32 Revisions to Utilize a Standard Master Key System and to Split Room 219 into Two Offices $ 6,460

10/11/2017 33 Revise Electrical and Data Supply to be Hardwired to the Furniture Systems $ 7,850

11/7/2017 34 Additional Contruction Administration Services Due to 2-1/2 Additional Months to One-Year Construction Period $ 82,306

1/24/2018 37 Additional Construction Administration Services Due to Additional Six Weeks of Construction Period $ 41,800

4/3/2018 38 Additional Construction Administration Services Due to Two Additional Months of Construction $ 42,100

4/5/2018 39 Design of Parking Lot Gates and Island Configuration $ 3,847

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Relocation of the SSA's General Offices Basic Subst. Changes Date CO# Description Services & Add'l Services

5/7/2018 40 Additional Construction Administration 57 Services Due to Continuation of Remedial and Delayed Work Beyond 4/30/2018 $ 23,751

5/16/2018 41 Additional Landscape Design Services $ 5,720

9/17/2018 47 Additional Construction Administration Services Due to Continuing Punch List Items $ 30,000

$ 509,576 $ 281,704

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WATERSIDE RECONSTRUCTION OF THE WOODS HOLE TERMINAL

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Waterside Reconstruction of the Woods Hole Terminal Basic Subst. Changes Date CO# Description Services & Add'l Services

4/21/2015 Schematic Design Phase $ 405,000

6/3/2015 2 Investigate and Document Wharf Subsurface 57 Conditions $ 43,421

12/9/2015 6 Groundwater Monitoring Program to Evaluate Seasonal Trends in Contaminant $ 11,137 Concentrations

3/11/2016 10 Development of a Probing Program to Identify 57 Obstructions at the Proposed Monopile Locations for Slips 1, 2 and 3 $ 229,707

11/29/2016 22 Additional Waterside Subsurface Investigations 57 in the Proposed Slip 1 Location $ 47,312

$ 405,000 $ 331,577

4/21/2015 Design Development Phase $ 406,000

12/7/2016 24 Additional Marine Design Review $ 11,000

5/8/2017 28 Additional Marine Design Review $ 10,010 57

7/25/2017 30 Evaluate and Estimate the Potential 57 Hydrostatic and Hydrodynamic Loading on the Proposed Waterfront Structures $ 7,151

7/26/2017 31 Studies for Alternative Additional Canopy Structures Alongside the Bulkhead $ 49,274

4/5/2018 39 Develop a Pre-Consolidation Program to Mitigate Potential Settlement of Wharf Area $ 5,097

$ 406,000 $ 82,532

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263 August 18, 2020 Board Meeting - General Manager's Report

Waterside Reconstruction of the Woods Hole Terminal Basic Subst. Changes Date CO# Description Services & Add'l Services

4/21/2015 Construction Documents Phase $ 546,000

4/5/2018 39 Separate Terminal Building Demolition from the Waterside Construction Contract $ 4,070

4/5/2018 39 Review and Development of Measurement and Payment Provisions of the Construction $ 8,125

$ 546,000 $ 12,195

4/21/2015 Construction Administration - Phases 2 - 4

6/6/2016 15 Initial Eelgrass Surveys Required by the 57 Falmouth Conservation Commission's Order of Conditions $ 23,431

9/27/2016 17 Environmental Monitoring Services for All Six Construction Phases, as Required by the FCC's Order of Conditions $ 533,390

9/19/2016 18 Bi-Annual Topographic and Bathymetric 57 Surveys of the Area Adjacent to Slip 3 for 10/2016, 4/2017 & 10/2017, as Required by the FCC's Order of Conditions $ 34,539

5/25/2017 29 2017 Eelgrass Surveys Required by the Falmouth Conservation Commission's Order of Conditions $ 23,430

11/7/2017 35 Owner's Testing Services for the First Year 57 (2018) of the Waterside Construction Project $ 72,462

12/7/2017 36 Construction Administration Services from 57 12/6/2017 through 12/31/2018 $ 739,001

4/5/2018 39 Full-Time, On-Site Personnel During the Demolition of the Terminal Building $ 7,015

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264 August 18, 2020 Board Meeting - General Manager's Report

Waterside Reconstruction of the Woods Hole Terminal Basic Subst. Changes Date CO# Description Services & Add'l Services

4/5/2018 39 Bi-Annual Topographic and Bathymetric Surveys of the Area Adjacent to Slip 3 for 4/2018 & 10/2018, as Required by the FCC's Order of Conditions $ 23,045

4/5/2018 39 2018 Eelgrass Surveys Required by the Falmouth Conservation Commission's Order of Conditions $ 25,300

6/4/2018 42 Dynamic Pile Load Testing Services for the Year 57 2018 $ -

6/14/2018 43 Pre-Construction Surveys of Neighboring Structures and Vibration Monitoring during $ -

6/26/2018 44 Research and Design of a Permanent Tent System and Modifications to Bulkhead Canopy $ -

12/13/2018 49 Construction Administration Services for 2019 $ 652,345 57

2/19/2019 50 Owner's Testing Services for the Second Year 57 (2019) of the Waterside Construction Project $ 146,068

4/24/2019 51 Bi-Annual Topographic and Bathymetric Surveys of the Area Adjacent to Slip 3 for 4/2019 & 10/2019, as Required by the FCC's Order of Conditions $ 24,200

4/24/2019 51 2019 Eelgrass Surveys Required by the 57 Falmouth Conservation Commission's Order of Conditions $ 26,566

11/19/2019 53 Additional Construction Administration Services during 2019 $ 301,581

12/18/2019 54 Construction Administration and Testing Services for 2020 $ 1,179,600

4/16/2020 55 Bi-Annual Topographic and Bathymetric Surveys of the Area Adjacent to Slip 3 for 4/2020 & 10/2020, as Required by the FCC's Order of Conditions $ 26,400

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265 August 18, 2020 Board Meeting - General Manager's Report

Waterside Reconstruction of the Woods Hole Terminal Basic Subst. Changes Date CO# Description Services & Add'l Services

4/16/2020 55 2020 Eelgrass Surveys Required by the Falmouth Conservation Commission's Order of Conditions $ 27,885

4/13/2020 56 Design & Engineering for a Reduced Cost Construction Solution for the North Bulkhead Area $ 74,600

$ 2,789,476 $ 1,151,382

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266 August 18, 2020 Board Meeting - General Manager's Report

LANDSIDE RECONSTRUCTION OF THE WOODS HOLE TERMINAL

267 August 18, 2020 Board Meeting - General Manager's Report

Landside Reconstruction of the Woods Hole Terminal Basic Subst. Changes Date CO# Description Services & Add'l Services

4/21/2015 Schematic Design Phase $ 549,000

9/28/2015 3 Investigate and Document Subsurface Conditions 57 at Proposed New Building and Other Locations $ 55,878

9/30/2015 4 Asbestos and Hazardous Materials Assessment for the Existing Freight Shed $ 9,460

3/28/2016 12 Evaluation of Buried Peat and Organic Silt at the 57 Site, including Boring Program $ 32,856

8/23/2018 45 Extended Schematic Design Work from July 2017 through April 2018 to Preserve the Covering over the Plaza While Minimizing View Obstruction $ 46,840

8/23/2018 46 Extended Schematic Design Work from June through August 2018 to Develop Alternative Terminal Building Designs $ 49,798

9/17/2018 47 Provide Four Public Presentations of Terminal Building Schematics $ -

12/4/2018 48 Study of Alternative Design Options for the 3/5/2019 Terminal Building through March 2019 $ 99,000

6/28/2019 52 Study of a New Set of Potential Changes to the 57 Terminal Building and Equipment Storage Building $ 98,940

2020 TBD Modifications of schematic design to include new program of one-story terminal building with solar panels, two-story utility building with employee spaces on upper level, solar arrays over bus berths, code review, update of basis of design, and additional construction phases.

$ 549,000 $ 392,772

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268 August 18, 2020 Board Meeting - General Manager's Report

Landside Reconstruction of the Woods Hole Terminal Basic Subst. Changes Date CO# Description Services & Add'l Services

4/21/2015 Design Development Phase $ 722,000

13 Design and Permitting Services to Develop a New 4/13/2016 57 Sewage Pumping Station, Force Main, and Force Main Connection $ 37,934

4/5/2018 39 Design and Structural Analysis for Wind Loads of New Fence Along the Terminal's South Side $ 2,574

8/23/2018 45 10% Cost Adjustment for Delay of Design Development Phase by 2.3 Years $ 40,495

8/23/2018 45 Adding an Early Enabling Phase to Phase 5 to Address Utilities, Grading and Foundation $ 37,800

2020 TBD Modifications due to new program with one-story terminal building, two-story utility building with employee spaces on upper level, and other items.

$ 722,000 $ 118,803

4/21/2015 Construction Documents Phase $ 864,000

8/23/2018 45 10% Cost Adjustment for Delay of Construction Documents Phase by 2.3 Years $ 73,440

8/23/2018 45 Adding an Early Enabling Phase to Phase 5 to Address Utilities, Grading and Foundation $ 38,700

2020 TBD Modifications due to new program with one-story terminal building, two-story utility building with employee spaces on upper level, and other items.

$ 864,000 $ 112,140

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269 August 18, 2020 Board Meeting - General Manager's Report

Landside Reconstruction of the Woods Hole Terminal Basic Subst. Changes Date CO# Description Services & Add'l Services

4/21/2015 Construction Administration - Phase 1 $ 163,000

4/5/2018 39 Coordinating Water and Sanitary Sewer Utility Connections; Revision of Sanitary Sewer Connection Design; Assist Water Main Repair; Review of Contractor's Proposed Change Order for Connection $ 8,943

4/5/2018 39 On-Site Survey and Engineering Services for the Temporary Terminal's FEMA Elevation Certificate $ 5,170

$ 163,000 $ 14,113

Construction Administration - Phases 5 - 8 TBD

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302 August 18, 2020 Board Meeting - Procurement

303 August 18, 2020 Board Meeting - Procurement

July 16, 2020 Consulting Engineers and Mr. Greg Endicott Scientists Steamship Authority 509 Falmouth Road Mashpee, MA 02649

RE: Nantucket Berth Maintenance Dredging (2002530) Subj.: Proposal for Dredge Design & Permitting

Dear Mr. Endicott : GEI Consultants, Inc. (GEI) is pleased to provide the Steamship Authority (Client) with this proposal for design and permitting services associated with the proposed maintenance dredging of the berthing area immediately east of the concrete pier as well as the south dock at the Nantucket Terminal in Nantucket, Massachusetts. The proposed dredging area is as depicted on the draft sketch plan Figure 1. entitled Dredge Depth, prepared by GEI Consultants, Inc. and dated July 2020. This area is hereinafter referred to as the Project Site.

ASSUMPTIONS: The terms and conditions of this proposal are based on the following limiting assumptions. x Client will provide GEI with hydrographic survey data of the Project Site and its immediate surroundings. x The proposed dredging will be to a design depth of 15 feet below MLW plus an allowance for one (1) foot of overdredge, bringing the total depth to 16 feet. x Dredge volume of less than 4,000 CY (changes the number of samples to be collected & tested) x The proposed dredging is maintenance dredging, meaning the Project Site has been dredged to an equivalent depth before. x The proposed dredging project will not exceed a threshold specified at 301 CMR 11.03 triggering review pursuant to the provisions of the Massachusetts Environmental Policy Act (MEPA). x This dredging project will meet the terms and conditions for review as a Pre-construction Notification (PCN) project pursuant to the provisions of the U.S. Department of the Army General Permit for Massachusetts (GP5) dated April 16, 2018. No individual Department of the Army Permit will be required. x All sediments to be dredged will be disposed on upland sites. No offshore disposal of dredged material will be proposed. x The U.S. Army Corps of Engineers and Massachusetts DEP will permit sediment samples to be composited for the testing of bulk chemistry. The fee specified herein assumes a total of two (2) samples will be tested for bulk chemistry.

GEI Consultants, Inc. www.geiconsultants.com 124 Grove Street, Suite 300, Franklin, MA 02038-3156 508.533.6666

304 August 18, 2020 Board Meeting - Procurement

Mr. Greg Endicott July 16, 2020 SCOPE OF SERVICES

Consistent with the above assumptions and understandings, GEI proposes the following Scope of Services.

Task 1 - Investigation and Design Development

Task 1 shall include the completion of the following subtasks. A. Obtain from the Client the hydrographic survey information collected by Steele Associates and presented on the Multi-Beam Survey Contour Map. Prepare an existing conditions plan of the Project Site in both plan and section views. B. Using the information obtained from the Client under subtask A, prepare a plan and section view of the proposed dredging at the Project Site. This design will include side slopes at a pitch of 3:1 (horizontal:vertical). C. Prepare an estimate of the volume of material to be dredged based on the design prepared under subtask B.

Task 2 - Sediment Sampling and Testing

Task 2 shall include the completion of the following subtasks. A. To complete the permit applications, GEI anticipates the need to obtain four (4) core samples of the sediments to be dredged. GEI will prepare a draft sediment sampling and testing plan, consistent with the provisions of 314 CMR 9.07(2)(b)5 and the U.S. Army Corps of Engineers document entitled Dredged Material Evaluation Checklist Sampling and Analysis Plan Requirements From Applicant, and submit it to the Army Corps of Engineers and Massachusetts DEP for review and approval. This plan will include specifications for the testing of grain size distribution and water content of the collected samples. Depending on the results of grain size distribution testing, bulk chemistry testing of the samples also may be required of two (2) composite samples. Upon receipt of approval of the sediment sampling and testing plan from the agencies, GEI will engage the services of a qualified consultant and testing laboratory to implement its provisions. B. Coordinate the services of Steele Associates concerning the collection, handling, and testing of four (4) sediment samples obtained from within the Project Site consistent with the provisions of the sampling and testing plan approved by ACOE and DEP.

Task 3 - Permitting

A. GEI will prepare and submit the following permit applications to applicable regulatory agencies for the proposed dredging of the Project Site. All applications will be submitted to the Client for review and approval prior to filing. x Order of Conditions from the Nantucket Conservation Commission pursuant to the provisions of the Massachusetts Wetlands Protection Act (M.G.L.c. 131, s. 40) and Chapter 136 of the Bylaws of the Town of Nantucket. x Department of the Army Massachusetts General Permit (GP5) from the U.S. Army Corps of Engineers, pursuant to the provisions of Section 404 of the Federal Clean Water Act of 1972 and Section 10 of the Rivers and Harbors Act of 1899.

GEI Consultants, Inc. 124 Grove Street, Suite 300, Franklin, MA 02038-3156 508.533.6666

305 August 18, 2020 Board Meeting - Procurement

Mr. Greg Endicott July 16, 2020 x Chapter 91 Waterways Permit from the Massachusetts Department of Environmental Protection (DEP). x Water Quality Certification from the DEP pursuant to the provisions of Section 401 of the Federal Clean Water Act of 1972. B. GEI will prepare all documentation required for the filing of applications for the above- referenced permits and approvals, including all application forms, plans, and project descriptions. Further, GEI will prepare and have published all public notices required under these permit programs. Drafts of all applications will be submitted to the Client for review and approval prior to submission to the regulatory agencies. Task 4 - Agency Coordination and Meetings GEI will attend the following meetings in support of the proposed project as part of the basic services proposed herein. x Two (2) public hearing sessions in Nantucket before the Nantucket Conservation Commission to present the Notice of Intent and respond to questions. x GEI will coordinate the agency reviews of the filed applications, including preparing and submitting responses to agency comments/questions. In addition to attendance at these meetings, GEI will provide as part of basic services up to sixteen (16) hours of labor for agency coordination during the review of the applications. GEI will attend additional meetings and provide additional hours for agency coordination, when requested by the Client, as additional services for an additional fee.

Task 5 – Bid Documents & Bid Phase Under this task, GEI will perform the following: x Develop draft specifications, typical contract (EJCDC) and bid forms for the dredge project x Develop written scope of project assumed to include: o Dredging, dewatering and disposal requirements of material o Debris segregation and disposal o Replacement/ repair from Contractor damage o Pre and post dredge surveys x Prepare draft bid package x Prepare cost estimate x Develop a list of suitable contractors, including contact information x Attend meeting with Client to review draft documents x Finalize and provide Electronic Copy of Bid Documents x Solicitation to approved contractors x Attend and coordinate pre-bid meeting x Respond to questions and provide addendum if required x Review bids and make recommendation for award

Task 6 – Construction Phase (estimated 3-4 weeks) Under this task, GEI will support the project as needed on a Time and Expense basis including the performing of the following: x Attend pre-construction meeting x Attend site meetings (2 budgeted) as may be needed GEI Consultants, Inc. 124 Grove Street, Suite 300, Franklin, MA 02038-3156 508.533.6666

306 August 18, 2020 Board Meeting - Procurement

Mr. Greg Endicott July 16, 2020 x Review dredge volume calculation and surveys x Review and approval of payment applications x Review all submittals and RFI’s as may be required

Task 7 – Pre/ Post Dredge Hydrographic Surveys It is recommended that the Client perform an independent Hydrographic Survey to that of the contractor for: x Confirm actual pre-dredge conditions and volume to be dredged x Post dredge compliance with permits Perform hydrographic surveys of the dredge limits as defined on the drawing including an additional 50’ beyond the defined limit. Survey to be based on available survey control and will be presented based on MLW datum.

TERMS AND CONDITIONS

GEI will complete the services specified herein under Scope of Services for a lump sum fee of $77,670. For budgeting purposes, this fee is based on the following estimated distribution. Task 1 $ 3,900 Task 2 $15,600 Task 3 $19,460 Task 4 $ 6,600 Task 5 $ 9,250 Task 6 $ 7,860 Task 7 $15,000

Given the difficulties created by the ongoing COVID-19 crisis, the performance of the services included in this Proposal as well as the satisfaction of the schedule described herein, are contingent and conditioned upon GEI having the ability to deploy the required resources as well as having access to the required site and data/documents to complete the services. These resources include, but are not limited to GEI staff, subcontract vendors and materials providers. GEI will immediately notify the Client in the event it becomes aware that services will be interrupted or otherwise delayed as discussed herein.

We thank you for the opportunity to submit our proposal. If you have any questions or would like to discuss our project understanding and scope further, please do not hesitate to contact us. If the above is satisfactory to meet your goals and objectives and you wish us to proceed, we would prepare a standard GEI Client/Consultant contract for the services with this proposal identified as the scope and fee. Sincerely,

GEI CONSULTANTS, INC.

Alan D. Pepin, P.E. Russell Titmuss, PE Senior Project Manager Senior Project Manager/ Vice President

ADP:cem GEI Consultants, Inc. 124 Grove Street, Suite 300, Franklin, MA 02038-3156 508.533.6666

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