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1997-10-07 BEVEI~.LY I{/klztBOFt M/~iN/AGErx~E1XIT AUTHO~T~ October 7, Beverly Public P~E~ENT: D. Freni, ~. ~o]]jn=~. ~. ~ilmore, D. Neuman, A. Burns, Coan, P. Allen, J. Cro~e]l, C. GUESTS: Mayor W. Scan]on, City So]~..:~to~' M. Hand].y, Counc-~i]or W. Cough]in, Councilor M. Troubetaris, City Planner T. Cassidy, D. McPherson, L. Boc~hyn~k'i , and :inlercst eel Citizens Chairman Freni opened the meeting and asked to waive the Public Input un[ :i 1 the end of the meet ing. She stated that the Hayor would speak, and then the Aulbority would discuss Sg-[.. Tarsook's letter regarding the driveway. She stated that the BHMA has concerns of khc operation of the BHMA regarding the Legislation. There is vagueness in the Legislation. Also she stated that there is confusion when w,:: read in the paper about ~ meeting regc~rding the driveway through the cente.'. We felt that this property was under our R. Rol. lins stat~-d that the meeting has not been held yet. D, Neuman ~ s speak:i ng for t],e AuthoFi ty, and says ] ha'[ going through the Legislation, a nuh~bcr of articles are very vague. The Mayor stated that this is the third ~f the last: 5 Bltr,~A meetings that he has artended. The City has over 2~0 l',eopJe involved in bo::,rds and commissions. The BH~IA b:-~s som~ confusion. The BItMA had to be involved in the past to keep ~hings going. He had h~ped that they would now be involved in sirslog:it planning. 1t~- has not:lethe] some time spent on small details. He stated that }:e tries not t,-~ be involved in boards, excep~ ~f things are not gelling done. He stated that he is open. Its only when he sees something happening that he wants to be helpful. He stated that everyone can appreciate that the Marina was purchased by City Money. Money is ,,11 one. }~e pJedges *.o coa, e to any meetings where hc~ mighk ;~c needed. D. Neuman stated t},at l:he sens~ of the group is that they want have more authority than policy making. Not to do everyday things. They ~.ant to make decisions. fle slotted that the Authority has talked about this before. G. I, aCombe put together a p];Pn like the Bevt-~r~y Golf and Tennis. I't was n preferable m~,d,'~] to what h:e a~',~ doing now. The Mayor stated that: this may be a J~'.~.;:i~-able v,~;~y to go. It's not t h a t s i 111 p ] e . M o s t d a y t o d a y t 11 i I~ g s s h otl ] r] b e h a n d ] e r'] 1'~ y I }1 o s ~'~ J. Crowell - There is a broader issue. We felt that we didn't have the authori ty. M~'yor ScanIon stated that the City got involved w:ith McDonald's because they didn't think the BHMA would go ahead. We didn't want t o usurp. P. Gilmore asked if the BH~qA puts out an RFP for management of the Marina, ~vould it be wi th your hi essing? It seems t ha~ when the BHMA attempts to do something, we are wailing for City flail. .'ecent meeting there was a question of pub]ic access on the waterfront, and L. B~;cl~yns;ki was to ge~ t,-~g~,thc~j- with City Hail. The ~Iayor stated lhat there was talk of taking ,]c, wn the fenc:c~. suggested tha~ we see this on paper fir.:;~ because th~r~ ~re safety issues. Therefore he asked that I,. Bochynski work with City Hail on putting thir; on paper 'first. P. Gilmore stated that it is now ~ months, and still no pub] access. The BHBIA could have gotten to this point at ~he same t. ime. P. Gilmore stated that we have lost a number of members lately. The sense is thai we can't move forward. The Mayor stated that as far as the City h~,]ding up taking down the fence, he wanls to see on paper that this will wo,"k. P. Allen stated ~'hat the Facil. itjes committee held a meeting on Public Access, ~c~ their concerns are safety and continuity. R. Rollins stal. ed that whep the Legjs].atjon passed, the opinion from Mr. Gr'oss;mr~n ~,,as tha~ the BltMA cou]d spewed as mu~:h as they have Fevenues. D. Neuman stated that :;ome basic things ~re true. We w~tn'l 'the C'ity to move ahead in a constructive ~vay. There are ~arinas, and there is McDonald's proper'ty. In running tht Marinas, we might lj. ke a Management Co. to run these and report to ti~e BHMA. P. Gilmore stated tha~ we are no eioser today (l year later) as to who decides what model to use. Mayor Scanlon sta~es that time is a significanl ~ssue. We need all the mind's we can get. The State says we could add a second floor. We must use the first floor according !:o the grant. P. Gilmore says that [i,c AuthorSty needs to hear that I['s their thing, and to ~fo with it. Malt~: :it a co]laborative effort bul ultimately the BHM~. There is a sense that the Authority doesn't have the authority to get it done. G. LaCombe worked hard on this. R. Rollins stated th3t the Mayor asked permission From the BHMA to 1~ i ~' e L. B o c h y n s k i . The Mayor read a paragraph in a letter- from G. LaCombc that sta~ed that a vol. e ~as taken by the Authority. D . Fr(~l'~.i sta~ ~1 ~ ]~a~ we w~nt to knr~w w}l-~'f7 w~r rl]~'~ and wher'e we :~1"~ ,. Department went out with the RFP. J. Crowell stated thal 1he Planning and Development ..qub-Committee met and fbey believe that maybe the highest and best use is not an RFP. Possibly market through a Real Estate Broke, r. Do we have the authority to make tha~ decision and have the blessing or the City. M. Handly stated kha~ t he new City Charter puts this in the Procurement off] cer, C. Bradley. He stated that t eh Enab]ing Act has specific language. It is jurisdictional. The ju,'isdiction is limited t:o intertidal and not o n ] a n d. The Mayt~r stated that: we have a group of intelligent people here. If the group comes forward with a recommendation, it needs to be given serious consideration. If a broker is the way, 99 out. of 100 times the City will go along with this. D. Freni stated that the Legislation is not clear'. What came back from the State is not what was originally submitted. A. Bu:ns stated that in the incept.ion the BHMA went along smoothly, including money. We are responsible to the public. Now it has been complicated by the purchase of McDonald's. If all ou~ money goes into the General Fund, then we ~ould have to go befora the Council for approva~ to spend it. All this would take time. The Mayor stated that he has no trouble compartmentalizing money for future use. The Mayor also slated that maybe a Commercial Broker would be the way, but the broker needs to know the guidelines. D. Freni stated that in the past, the BHMA said what to do and it was done, such as IOA permits. The revenue is not coming in so clear. The Mayor asked J. Dunn if he can create a spread sheet. and he said that: he would. A. Burns made a motion that the BHMA form a separate committee headed by J. Crowell to come up with some ideas for the McDonald's building and report back to the BHMA. The Mayor stated that he would like to meet once a month with the Chairman of such a committee. J. Crowell thinks that the Plahning and Devr. lopment commjttt~e can handle this. P. Allen amended the motion that McDona]d's be top pr:ior:ity of the Planning and Development Committee. All were in f~:vor. D. Neuman would like clari. fication of the ,Marinas. P. Gi].more ~lslic, d M. H;~nd].y for :.~ Scope c,f Resi'~onsibililic~s. , D. Frenj stated that we need to clarify. There were no problems for 10 years. Now all of a sudden there are problems with Commer'cial Fishermen, IOA Permits, etc. M. Handly stated that everyone should look at Chapte~ 91 regulations. Our ordinance says "All bottom--anchored floats or rafts occupying the water sheet in the Designated Port Area of the Beverly Harbor, including occupied sections of the Federal Channel, which do not have valid Chapter 91 licenses from the Commonwealth of Massachusetts, shall be assessed an annual fee as shall be recommended by the Beverly Harbor Management Authority and approved by the Board of Aldermen. The fee shall be based on the square feet of water sheet occupied, including common areas. These monies are to be conveyed to the Beverly Harbor Management Authority." This is a limited group. We are only talking about moorings. Port has a USACE permit. J. Coan asked about a t reasurer's report. The Mayor says that John Dunn will come to the next. meeting. John will be happy ~o teach anyone how to access information. Committees ~ Facilitjes. J. Crowell asked if we as a whole, can give P. Gilmore a~d R. Rollins our feelings on the roadway across tke Ferryway if the State says O.K. J. Coan says no roadway, P. Allen says no roadway, P. Gi]~norc abstained from an opinion, R. Rollins will take the recommendation of the BHMA, J. Coan says we should look a~ this very carefully. C. Raymond says he ~ s ~ n favor of, D. Neuman says he doesn ' t be] :i ex;e it :i s a good idea. P. Allen spoke of the Electricity, the Harbormaster's Alarm System, and the Pilings. See attached Facilities Report. P. Allen made 'a motion for $10,000 to be allowed for this work. P. Gilmore seconded. This motion was amended that once the work is done to ask the City Solicitor to pursue reimbursement from either the State or Ciambro. All in favor of both. Planning Committee J. Crowell delivered to L. Bochynski plans for the rest room in the white building. Li cc:r, sing L Permit Comwi! tee D. Neuman stated that a permit was applied for the work in back of the Bowl-O-Mat. We have until ]0/14. G. Whitney made an interesting observation. We should ask for public acc6ss across. Public Input -- G. Rossi stated that Ward II Civic Assn. is circu]at. ing any petition regarding ,'oadway. Also Ward II would like to have access [o tomorrow's meeting on the Harbor Plan. L. Bochynski stated that he would like to ask per'mission for the Ward II Civic to use the dining room at McDonald's on October 25 from 2 - 6 p.m. for approximaL.~ly 30 children for a halloween party. tie was told that this request should g~ 'thr'ough T. Cassidy, Planner, who could ask the ChialllbeF of Colllnlel'ce, because we don'l. kno~! Lhe dates of the lease between the Chamber of Commerce and City. Respec: fully submitted, Ei]een Twiss