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2008-04-10 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Location: Members Present Thursday, April 10, 2008 Harbor Management Authority Beverly Public Library - Fogg Room 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, Mayor William Scanlon, City Solicitor Roy Gelineau Recorder: Eileen Sacco Miranda Gooding called the meeting to order at 7:00 p.m. Discussion with Mavor Scanlon Miranda Gooding explained that the BHMA has been discussing their role in relation to the work being done on the water front as well as working with the Seaport Council to obtain funding for Beverly projects. Mayor Scanlon stated we owe a great big thank you to the members of the BHMA noting that they do a lot of things that probably would not get done. Gooding noted that members take a large degree of pride in the work that they have done and they would like some input from the Mayor of what he sees their role to be in the future. Mayor Scanlon reported that the Black Cow project is progressing with a slow pulse. He explained the process that they have been through and noted that they have met with Boston regarding the designated port and got the feeling that they did not want to release the designate port status at this time. He noted that Coastal Zone Management has tried to be very helpful but it is a slow process. Mayor Scanlon reported that some soil testing was done and it was concluded that the soils did not have to be removed from the site which is good news. Mayor Scanlon noted that Mr. Leone seems committed to this project, noting that he had discussions with Salem and Swamp scott but they fell through. He also noted that Beverly has held lease discussions for the restaurant and the recreational marina and explained that there is still some work to do to sort out the parties' responsibilities under the lease for management of the marinas. Draft Minutes Page 10f5 4/10/08 BHMA Meeting Mayor Scanlon reported that he has had positive interactions with the Lt. Governor regarding the Environmental Bond Bill and there should be some money for Beverly. Mayor Scanlon explained that he has run some preliminary engineering numbers and it looks at though the money from the restaurant site ( lease, taxes etc.) would be just about enough money to do some work to get the restaurant in there. Troubetaris asked if there would be any money to maintain what we have. Mayor Scanlon stated that they would try to do what they can. Oosthoek asked Mayor Scanlon what the role of the BHMA would be in getting there. Mayor Scanlon stated that he would like the BHMA to take a look at the paper work, including the lease agreement when it is prepared, to make sure there are no glaring errors. He suggested that things like policy and procedure should be looked at by the BHMA. Roy Gelineau addressed the BHMA and noted that according to the city charter the Mayor is the Chief Procurement Officer noting that he can delegate but it is ultimately his responsibility to negotiate the lease terms. Ward asked Mayor Scanlon if the permits that are in place would still be valid and run with the property if the deal with the Black Cow falls apart. Mayor Scanlon stated that the city could go out to bid with the existing permits in that event. Gooding asked what other permits Mr. Leone would have to get, assuming the lease were ready in a month or so. Mayor Scanlon stated that he would have to check on that with Tina Cassidy. Neuman noted that Susan St. Pierre of Vine Associates has looked at what needs to be done down there and she advised that she felt that it could be done as a maintenance upgrade which would require no new permits. Neumann also suggested that if the BHMA were allowed to keep waterway improvement funds they could do repairs that needed to be done and the city would not have to bond. Mayor Scanlon stated that he would be willing to do whatever the revenue from the project could handle for the debt service. He also noted that he is optimistic about getting 2 1Iz million from the state. Ward stated that it is critical the BHMA actively pursue the Seaport Bond Council for funding. Gooding noted the condition of the floats and questioned how long we can put off doing maintenance on them. The Mayor stated that he hopes to have an answer in 90 days from the state. Lou Bochynski noted that at the Seaport Council meeting they seemed confident that the bill would be passed by June 30,2008 so we may see some money soon. Draft Minutes Page 2 of5 4/10/08 BHMA Meeting Neumann asked what the city's oversight will be if the Leone package goes through, noting the recent contract for the Beverly Golf and Tennis Club. Roy Gelineau stated that if there is a good operator the city would make sure that the financial obligations to the city are paid. He noted that they would be thoughtful of the role of the BHMA in the drafting of the lease. Troubetaris asked what would happen if Mr. Leone changes his mind about the recreational marina. Mayor Scanlon stated that he wants to take over some aspects for the recreational marina and the details still need to be worked out. Gooding noted that there are some items that need to be addressed in the FY09 budget noting that a new roof is needed on the Glover Building. Neumann noted that the BHMA typically includes large projects in the budget in the hopes that the state will come through with the money. The Mayor explained that if there is money in the improvement fund, then it is not typically a problem to request an appropriation from the City Council on an as-needed basis, as opposed to including it in the BHMA annual budget up front when it mayor may not be spent. Gooding noted that the BHMA is concerned about their role in the long term noting that their staff is down to Lou Bochynski and he is not equipped to do the secretarial portion of the work. Troubetaris noted that the BHMA is an entity of the state as it was born of state legislation. Roy Gelineau explained that it was determined a long time ago that the role of the BHMA would be advisory. He noted that the BHMA has had a positive role in maintaining public access. He noted that they would continue to be involved in things like the waiting list, long term dealing with the DP A, and policy. Mayor Scanlon noted that there are always things that come up that we do not anticipate. Gooding noted that the BHMA should have a role in discussions with the DP A. Gooding reported that interviews were to be held this week to hire a consultant for the Waterfront Zoning but were cancelled due to Tina Cassidy being ill. Oosthoek noted that the Harbor Plan is important to the Seaport Bond Council funding. Mayor Scanlon noted that Salem and Gloucester are more economically fragile than Beverly is noting that Beverly does not get any CDBG money. There being no further questions or comments Gooding thanked Mayor Scanlon for attending the meeting. Mayor Scanlon thanked the members of the BHMA for all that they do. City Solicitor Roy Gelineau updated the BHMA on the status of the Kinnsey's legal Issues. Draft Minutes Page 30f5 4/10/08 BHMA Meeting Leases The BHMA held a discussion on the existing leases. Gelineau suggested that if there are things in the lease that the BHMA wants to tighten up they should let him know and he will take a look at it. Gooding noted that fishermen are leaving material on the docks and that is a violation. Menezes suggested that a letter be sent to those violating the rules and if they do not comply the BHMA should not renew their lease. Roy Gelineau suggested that the BHMA review the lease and send changes to him. He noted that habitual offenders should have to clean up their area by 7/1/09 or their lease will not be renewed. Raymond stated that Gloucester sends out a letter at the beginning of the season to all boaters that encourages good housekeeping. Gooding stated that she feels that it is a good idea to send out an annual letter. Aooroval of Minutes The minutes of the BHMA meeting held on March 13,2008 were presented for approval. Slate moved to approve the minutes as amended, seconded by Troubetaris. The motion carried. Commercial Rate The BHMA decided that there would be no changes to the existing Commercial Rate for this year. Waitin2 List Gooding reported that she is working on a press release for the waiting list noting that she has been holding off on it until the website is set up. Finance Miedzionoski reported that there is nothing new to report on finance this evening. Other Business Sani Can Bill Bochynski reported that he would like to get that bill paid and noted that there is money in the budget to cover it. Troubetaris moved to process the bill for payment, seconded by Slate. The motion carried. Draft Minutes Page 40f5 4/10/08 BHMA Meeting Cummin2s Center Gooding reported that there is new retail space at Cummings Center and they should have gone back to Chapter 91 because of a change in use. She stated that she will talk with officials at the Cummings Center about the permitting process to see what they did. She noted that they could have gotten a determination from DEP. Site Visit at Green Hill Gooding reminded members that a site visit with the Open Space and Recreation Committee will be held at Green Hill on Saturday, May 3,2008 at 9:00 a.m. Next Meetin2 The next meeting of the BHMA will be held on Thursday, May 8,2008 at 7:00 p.m. Adjournment There being no further business to come before the BHMA this evening, Troubetaris moved to adjourn the meeting. Ward seconded the motion. The motion carried. The meeting adjourned at 9:00 p.m. Draft Minutes Page 50f5 4/10/08 BHMA Meeting