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2008-02-06 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Location: Members Present Thursday, February 6,2008 Harbor Management Authority Beverly Public Library - Barnett Gallery Chair Miranda Gooding, Sylvan Menezes, Greg Ward, Charlie Raymond, Wesley Slate, Maureen Troubetaris, Don Neuman, Paul Miedzionoski and Rinus Oosthoek Members Absent: Others Present Lou Bochynski Recorder: Eileen Sacco Miranda Gooding called the meeting to order at 7:00 p.m. Discussion Re2ardin2 Edelstein Matter Miranda Gooding explained that the matter of the Edelstein lease has been an issue for the past few days and she thought it would be good to have a discussion with them in the hopes of trying to solve this. Greg Ward reviewed the situation and noted that over the summer they purchased a new boat and it became an issue because you cannot buy a slip. He noted that the process has been that you have to go on the list for a slip. He explained that the boat that came in was too big. He further explained that the HMA asked the slip owner if they would hold the city harmless if any damage was done to his boat because of the larger boat next to his slip and the owner did not agree. Ward explained the legal reasons for this and noted that the last letter from the City Solicitor indicated to the Edelstein's that there is a violation of their lease because the old boat was removed and a new one is in its place. Ward also noted that they should have come to the HMA to request permission to substitute the new boat. Ward explained that the issue is the that the new boat is too large and could be a financial obligation for the city if any damage occurs and he does not feel that the HMA can put the city in that position. Miranda Gooding asks if there is any other spot that we could put the boat. Ward noted that they have tried to make accommodations in this matter. Mr. Edelstein stated that he did not buy the new boat just to switch slips. He also noted that he had approached another boat owner about switching slips and he thought he had an agreement that fell through. He also explained that he had talked to the boat owner next to him about signing the agreement with the city, and he thought he was going to Draft Minutes Page 10f4 02/06/08 BHMA Meeting sign it but they had a disagreement and he refused. Mrs. Edelstein asked who assigns the slips. Mr. Ward explained that the manager assigns the slips according to safety. Mr. Neuman stated that one possibility would be for the city solicitor to review the Edelstein's insurance and see if it is possible for them to have a rider on the policy that would address the concerns of the City Solicitor. Miranda Gooding suggested that the HMA have further discussions with the City Solicitor and to make sure that the lease properly reflects both owners of the vessel. Mr. Ward stated that Mr. Edelstein put the HMA in a bad position and noted that they have bent over backward to accommodate local fisherman and this goes against the rules. Lou Bochynski reviewed the instances in the past in which people have replaced their vessels. Neuman noted that it is a state law that slips cannot be inherited and that they are issued on a first come, first serve basis. Charlie Raymond asked if there was any open space on the public side of the pier. Bochynski noted that historically there have been no commercial vessels on that side. Bochynski also noted that he does not see the boat as causing damage noting that it is a sturdy boat that doesn't move around as much in inclement weather as some of the lighter boats. Gooding thanked the Edelstein's for attending the meeting and noted that the HMA will take the matter under advisement and review it further with the city solicitor. Finance City Finance Director John Dunn addressed the HMA and noted that Miranda Gooding had forwarded him a list of questions from the HMA. Mr. Dunn reviewed the Enterprise Fund with the HMA and explained its function. He explained that the enterprise fund allows the HMA to maintain revenue and you keep the money at the end of the fiscal year rather than giving it back to the city. He estimated that there is a positive variance each year of about $20,000 - $30,000. Mr. Dunn reviewed the Waterways Improvement Fund and noted that it is funded from 1Iz of the boat excise taxes. He noted that the city has used it one time to fund a chunk of the Harbormaster's budget in 2004. Mr. Dunn reviewed the finance report for the HMA and explained the process used to transfer revenue. Mr. Dunn reviewed the Debt Service on the Marina Acquisition since 1996. Draft Minutes Page 2 of4 02/06/08 BHMA Meeting Miranda Gooding requested that the Finance Department give the HMA running balances in the accounts on the monthly finance reports. It was asked if any of the $250,000 from the mitigation money for the gas pipeline goes to the HMA. Mr. Dunn explained that the money from the pipeline went to the general fund and explained how that process worked. Rinus Oosthoek asked if the Boards and Commissions in the city are involved in the city budget process. Mr. Dunn explained the budget process. Miranda Gooding stated that she would like the HMA to have a rent list of the tenants for the slips at the marina and asked Mr. Dunn if his office could generate that. Mr. Dunn explained that his office took the leases from the HMA and set them up as receivables and it has been working fairly well. He noted that the HMA can get that information and suggested that when the leases come due that would be a good time to do that report. Mr. Ward noted that it would be a good way for the HMA to monitor the occupancy of the slips. There being no further questions or comments from Mr. Dunn, Miranda Gooding thanked him for attending the meeting. Miranda Gooding reported that the guest for the next meeting of the HMA on March 13, 2008 will be Mayor William Scanlon. Status of the Black Cow Miranda Gooding noted that there are some timing issues and it is something that could be discussed with the Mayor. Election of Officers Wes Slate nominated Paul Miedzionoski. Sylvan Menezes seconded the motion. The motion carries. Don Neuman nominated Rinus Oosthoek as Vice Chair of the HMA. Charlie Raymond seconded the motion. The motion carried. Review ofWaitin2 List Procedures The HMA reviewed the procedures for the waiting list for slips in the marina. Sylvan Menezes stated that if someone refuses the offer of a slip the current practice is to leave their name on the list in the same order, and suggested that if they refuse the offer of a slip their name should go to the bottom of the list. Draft Minutes Page 30f4 02/06/08 BHMA Meeting Discussion on Lease Pavments Sylvan Menezes stated that lease payments should be spread out over three months and should be all paid up by the start of the boating season. He suggested that payments should be made in March, April and the balance due in June. Lou Bochynski noted that he has never had a problem collecting payments. Other Business Miranda Gooding reported that a Chapter 91 License complaint has been filed regarding the public walkway at Bass River Haven. Neumann explained that there may be a winter license change that may allow them to chain it in the winter and direct people to use the sidewalk along Stop and Shop. Miranda Gooding reported that the City Council Legal Affairs Committee has an application for a Fishing Wake at Bakers Island. Ward noted that the HMA is supposed to have input in the approval of those applications but we don't see many of them. Charlie Raymond noted that the Harbor Master has made a recommendation on this and members agreed that they are comfortable with the recommendation of the Harbormaster on this. Adjournment There being no further business to come before the BHMA this evening, Troubetaris moved to adjourn the meeting. Neuman seconded the motion. The motion carried. The meeting adjourned at 9: 15 p. m. Draft Minutes Page 40f4 02/06/08 BHMA Meeting