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1998-03-05 BEVERLY HARBOR MANAGEMENT AUTHORITY MINUTES March 5, 1998 Beverly Public Library PRESENT: G. Whitney, C. Raymond. J. Bolden, P. Allen, D. Neuman, R. Baudessa, J. Crowell, V. McGlynn Guests: D. Duscik, J. Mette, D. McPherson, L. Bochynski, G. Rossi T. Cassidy, M. Handly G. Whitney opened the meeting. He welcomed the two new members. He also welcomed D. Duscik, and stated that he would like to deviate from the agenda. D. Duscik , from CZM, will speak on the subject of Harbor Planning. We are now close to having the Harbor Management Plan Scope completed. He will give us insights of the merits. D. Duscik thank everyone for having him here. He is glad to be in Beverly. D. Duscik said he had been asked if the Harbor Management Plan is worthwhile. He stated "YES". It will take control of the future. At this point the BHMA has been working many years to develop the plan. He stated that the Scope is a pre-plan. There is no such thing as wasted effort. He thinks it is appropriate to think what path to take. he stated that four communities are complete, and six are in various stages. He also stated that there are approval standards. He stated that the BHMA may look for other resources for the Plan. He stated that the BHMA could have a local Ordinance to have the City participate in a Community Harbor Plan under Section 18 of Chapter 91. (not approved). It could be started right away, and have it jointly adopted into local ordinances. Section 18 doesn't need approval of State. Edgartown went through the Scope. It was very helpful to go through the Scope process. Edgartown has only 15 parcels. J. Crowell asked if it would have any bearing on receiving funds if we don't have an approved plan. D. Duscik said that 1 benefit of an approved Plan in the DPA is that it controls development. He also stated that after Section 18, the BHMA can go further if they want to. D. Neuman stated that we all appreciate D. Duscik coming D. Duscik stated that there is no lost effort in what has been done so far. G. Whitney asked if anyone had any comments on the Harbor Management Plan D. Neuman asked what is the role of the BHMA. G. Whitney stated that he would like the BHMA to be the primary group. J. Crowell agreed that this was not a wasted effort. He also agreed that a group needs to work with a consultant. T. Cassidy asked D. Duscik if he thinks we should complete the Scope. D. Duscik answered "YES" It makes sense to take the last step and finish the Scope. D. Neuman made a motion to refer this to J. Crowell's Planning Committee and come back next month with a recommendation. V. McGlynn seconded. All in favor. D. Neuman made a motion that we take the Scope and finish it, spending up to $500.00. J. Crowell seconded. All in favor. Public Input - None The City Solicitor is here to briefly discuss IOA permits. G. Whitney stated that there is an Ordinance on the books establishing a fee for Marinas on the waterfront. This has not been done. M. Handly stated that Chapter 91 Section iOA says a iOA permit may be issued seasonally to temporary, seasonal floats. This is to be applied to Marinas in the Federal Channel. M. Handly says we should not be in the middle of licenses and permits of a higher permittee. He also stated that we already charge slip fees, so what service are we giving that is different from a IOA fee and a slip fee. One issue is the Federal Channel. M. Handly's view is that they should be Chapter 91 licenses. Maybe this should call for an action to realign the Federal Channel. D. Neuman stated that the Federal Channel is a public asset. There is encroachment on public property. Private Marinas are profit making in the Federal Channel. C. Raymond stated that if those slips are temporary, the Harbormaster could ask them to move them, as they are on moorings. G. Whitney stated if the City Solicitor says they are temporary, they should be removed this year. M. Handly stated that the Beverly Harbor Management Authority has the authority to issue temporary seasonal permits in the Federal Channel. G. Whitney asked about the fee. M. Handly says the fee structure cannot be legally sustained. M. Handly feels that the slips are persistent, non-seasonal, permanent, and should be Chapter 91. Three thing could be done. 1. Move the Federal Channel 2. Remove the slips 3. Temporary permits, but the fee needs to be related to administrative costs. He suggests that we examine - temporary permits. The Harbormaster asked if it is the City Solicitor's recommendation that the Ordinance for the sheet fee be removed. M. Handly says it could be trouble. C. Raymond says that we seem to be giving to the Marinas Operators, and we need more from them, regarding Public Access. This issue should remain in committee until next month. D. McPherson stated that 10A's are a mess with all issues - zoning, permits, licenses, etc. G. Whitney stated that with the exception of Birarelli's, the Harbormaster will not be able to issue any 10A's until resolved. D. Neuman asked if M. Handly will meet with himself and C. Raymond. The Harbormaster noted a change if Mooring Fees. In the past there was a full fee for one mooring, and $32.00 for a second. This year it is full fee for each mooring. J. Crowell made a motion to accept the Minutes of the meeting of January 29. P. Allen seconded. 6 in favor. J. Crowell also made a motion to accept the Minutes of February 5, with the correction that D. McPherson was in attendance. P. Allen seconded. 6 in favor. G. Whitney stated that now that we have new members, we need committee assignments. R. Baudessa says that he will serve as treasurer. G. Whitney made a motion that R. Baudessa serve as treasurer. P. Allen seconded. 7 in favor. Committees: Public Access - J. Bolden, D. Neuman Licenses & Permits - G. Whitney Planning - R. Baudessa All were in favor of these appointments. Kevin Stott has come to the meeting to speak. He has been looking for an opportunity to help the City of Beverly. He would like to donate his skills for the Development of McDonald's property and surrounding area. D. Neuman stated that the Planning Committee will contact. G. Whitney spoke of the Mayor's meeting. The ideas flowed. One thing wasn't clear. We don't know what use we can do with that property. We don't know what the limitations are. Through appropriate channels there may be a chance of a land swap. The Mayor will have another meeting. J. Crowell stated that the plans for the fence at Glover are with C. Bradley. He felt that the contract could be signed by the first of April, or at least by the middle of April. It will be in the $10,000 to $25,000 range. Facilities Manager - The Mayor met with L. Bochynski, and D. McPherson and discussed management. G. Whitney believes it was a data gathering meeting. J. Crowell stated that the fence design is for the wooden part. There is another portion, where the crane was. L. Bochynski will bet quotes for chain link for that area. G. Whitney asked committees to submit things for a Policy Statement. He has received one. The Mayor has sent a letter regarding the Creamery property. G. Whitney talked to the Mayor regarding Bridge Mitigation. There are a lot of things owed to the City from the State. - Walkway under the Bridge - Easement of parking under the Bridge - The Pilings were driven, but not completed. G. Whitney spoke of the FY '99 budget. He will bet together with R. Baudessa, and speak of history. Are there any capital expenditures? G. Whitney sent a letter to M. Troubetaris of the City Council, all received a copy with your agenda for this meeting. J. Crowell stated that he was pleased with the Blue Ribbon Meeting, but he sees another summer of a vacant McDonald's Building. He doesn't want it to reflect on this committee. G. Whitney agrees. D, Neuman feels that K Stotts could work with the Mayor's committee. C. Raymond showed his map and explained the access already available and what we would like to see in the future. He made a motion to send this to J. Provencal and City agencies. Harbormaster would like to BHMA to reconsider their increase in fees for Glover. In working on a booklet for the Marina he finds that the prices are now in line with others. P. Allen made a motion to revoke the motion of last month and raise the fee at Glover to $80.00 per foot. D. Neuman seconded. 7 in favor, and J. Crowell against. Motion carried. T. Cassidy said that the City sent for grant money for a walkway at the McPherson Center. We haven't heard yet. She heard that Cummings will propose a walkway around the pond with a permit for the Garage. L. Bochynski spoke of renovations needed to the White Building. We have a building Permit for Handicapped Restrooms. Also the roof needs to be replaced. P. Allen says that the Harbormaster brought it up that the City owns the building. D. Neuman made a motion that we don't do anything. Bring this up again before the permit expires. C. Raymond seconded. 7 in favor, J. Bolden abstained. J. Bochynski spoke of the lot lines at 1 Water Street (McDonald's). Last year he spoke with Sgt. Tarsook. It was suggested that they not redesign. The lot went unlined. Can the lining be done now at the recommendation of Sgt. Tarsook. J. Crowell made a motion to authorize L. Bochynski to get lines painted as suggested by Sgt. Tarsook. P. Allen seconded. All in favor. P. Allen made a motion to adjourn. All agreed. Respectfully submitted, Eileen Twiss