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2008-03-13 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Location: Members Present Thursday, March 13, 2008 Harbor Management Authority Beverly Public Library - Barnett Gallery Chair Miranda Gooding, Sylvan Menezes, Greg Ward, Charlie Raymond, Maureen Troubetaris (8:30), Don Neuman, Paul Miedzionoski and Rinus Oosthoek Wes Slate Lou Bochynski, Mr. Edelstein, Ms. Falloni Members Absent: Others Present Recorder: Eileen Sacco Miranda Gooding called the meeting to order at 7:00 p.m. Discussion Re2ardin2 Edelstein Matter Miranda Gooding reported that she emailed Roy Gelineau and Bob Monroe from the City Solicitor's office regarding the Edelstein matter and was informed that there is no liability concern on the part of the city. A copy of the email correspondence was included with the members' packets. That correspondence indicated that in permitting Mr. Edelstein to substitute a new vessel at his slip and the consequences thereof, the city would appear to be immune from liability in accordance with G. L. Chapter 258 Section 10 (b) and 10 (c). Gooding stated that she visited the site with Lou Bochynski following the last meeting. She stated that in light of Lou's stated position at the February meeting that the current slip assignment does not create a safety hazard and his adherence to that view during their site visit, and given that the City Solicitor's office opinion that immunity would protect the city from liability, that she was of the opinion that the Authority should consider allowing Mr. Edelstein to substitute his new vessel under the existing lease. There being no further questions or comments regarding this matter, Rinus Oosthoek moved to accept the current slip for the current boat as an exception and not policy. Miedzionoski seconded the motion. The motion carried. Aooroval of Minutes The minutes of the January and February meetings were presented for approval. Paul Miedzionoski moved to approve the January minutes as amended, seconded by Don Neuman. The motion carried. Draft Minutes Page 10f5 03/13/08 BHMA Meeting Sylvan Menezes moved to approve the February minutes as amended, seconded by Don Neuman. The motion carried. Facilities Committee Report The Authority reviewed a draft press release for the waiting list at the recreational marina. Rinus Oosthoek suggested that a sentence should be added explaining the length of the waiting list so people will know what they are up against. Bochynski noted that the recreational waiting list is small and reviewed the procedure for notifying people who are currently on the waiting list to renew annually. Gooding reviewed the most recent list and noted that there appears to be no one on the waiting list at this time. It was also noted that the recreational marina appears to be fully leased for the upcoming 2008 season. Bochynski noted that there might be three names on the commercial waiting list and one on the recreational list. Bochynski suggested holding the press release until such time as there are vacancies in the marina. Neuman disagreed noting that we should have a list so that when someone leaves we can call the next person on the list and not have to advertise. Oosthoek suggested putting the application on the web to make is easy to obtain application forms and waiting list procedures, and it was agreed that this might help reduce Lou's workload. There being no further questions or comments regarding this matter, Oosthoek moved to approve the waiting list procedures drafted February 26, 2008. Menezes seconded the motion. The motion carried. Commercial Rates Bochynski reported that he rates for Commercial marina should probably remain the same for the 2008 season noting that they are in line with other facilities. He noted that a decision should be made by the April meeting on the rates. Review of Harbor Mana2ement Authoritv Le2islation and Harbor Mana2ement Plan Gooding noted that she had asked members to think about what the role of the Authority should be going forward in advance of the meeting. She asked each member to highlight what their concerns are: Neuman stated the Authority's work to date had included public access, licensing, management of the marinas, planning the development of the city-owned parcels, preparing grant applications and budget. He noted there had been no partnership Draft Minutes Page 2 of5 03/13/08 BHMA Meeting established with the harbormaster and so the Authority traditionally had had no role in regulating the city moorings. Oosthoek stated that the budget is important and he would like to see the harbor management plan updated. He asked if the current management plan is active and approved. Neuman stated that he was told that it was approved as part of the master plan. However, members discussed the fact that the current plan was not an approved municipal harbor plan under Chapter 91. Oosthoek stated that the Authority should talk to Mayor Scanlon about obtaining money that the Authority needs. He also stated that the Authority needs to know what role they will have should the Black Cow going forward. Gooding stated that she would like the group to look at the enabling legislation and recommend appropriate changes reflecting the actual role of the Authority and, possibly, what a more realistic future role might be. Ward stated that he would like to see the BHMA Enterprise fund balance grow so that the money is there for big expenses but the City of Beverly has not done that. He also stated that in his view it is important to leave as much flexibility in the enabling legislation as possible in the event that future administrations determined that the Authority should have a more active role than it currently enjoys. He also recommended that a committee be established to pursue grants/funding more aggressively. Finally, he expressed concern about the need for repairs to the marina. Menezes stated that he would like to look at the zoning along the Bass River corridor. The group discussed a number of short-term goals/concerns for the Authority, including the Black Cow project; status of marina repairs; Mass Highway progress on access improvements and parking, resolution of Beverly Port Marina, being sure to review any RFP's for McKay School to ensure adequate public access. Long term goals/concerns included waterfront rezoning, harbor plan update, addressing DP A and Federal Channel planning, dredging Bass River, Improved Public Access (Green's Hill and Cummings Walkway on McKay Street). Development /Licensin2 Neuman stated that the Black Cow is being handled by Tina Cassidy and the Mayor and questioned why the Harbor Management Authority is not involved. He shared comments he received regarding the proposed lease for the project with the Authority. Gooding stated that there was a meeting yesterday regarding the lease to which she was invited but she was unable to attend. Neuman stated that if the BHMA is going to be involved then they should review the lease. Neuman reported that the Bass River got another $25,000 for the dredging project. To date the state has contributed $163,000 for this project. Draft Minutes Page 30f5 03/13/08 BHMA Meeting Miedzionoski asked what will happen to the harbor masters building when the Black Cow is done. Gooding explained that it would be relocated to the recreational marina and the brown building will be modified.. It was noted that there is a Seaport Council meeting on April 1, 2008 in Gloucester. Gooding stated that she would like the Authority and the city to be more active and have better attendance at Seaport meetings. Gooding updated the Authority on the Beverly Port Marine situation. She explained that another proposal was discussed regarding parking that was quite reasonable, but it was refused by the Kinzies. Oosthoek stated that we should deal with that as short term as we can. Discussion Topics for Mavor Scanlon Miedzionoski asked what topics the Authority should consider discussing with the Mayor. Gooding stated that the Authority needs to hear about the Black Cow. The condition of the marina and the repairs that need to be done should also be addressed. She suggested that the Authority should ask the Mayor how he sees the role of the BHMA functioning and what can they do to help. Other topics suggested were the budget and the Seaport Bond Council. Gooding reported that she heard from City Planner Tina Cassidy that there is $5,000 available that could be use for public access issues from the Department of Conservation and Recreation. She explained that the Open Space and Recreation Commission is engineering plans and they want to share ideas on public access. She suggested that the Authority should walk Green's Hill with them. Zonin2 Gooding reported that there has been a lack of progress on the waterfront zoning. She explained that the Committee met last spring with a steering committee and they were working on consulting proposals. She noted that they were also planning public scoping sessions for residents and business owners etc. She explained that they would be meeting again in April with potential consultants and hope to make a decision and get the process started. She noted that the end of Water Street is included in the plans as well as the Ventron site, Mass Electric, the Bass River up to Stop and Shop. Finance Miedzionoski reported that there is nothing new to report on finance this evening. Draft Minutes Page 40f5 03/13/08 BHMA Meeting Other Business Miedzionoski reported that he called SANI Can regarding the invoice they sent for $4,392. He stated that he asked them for a breakdown of the last three years. He explained that the last invoice that was received was paid and then they stopped coming. He noted that they did provide a service and they will send an itemized bill so that we can clear this up. Adjournment There being no further business to come before the BHMA this evening, Neuman moved to adjourn the meeting. Ward seconded the motion. The motion carried. The meeting adjourned at 9:00 p.m. Draft Minutes Page 50f5 03/13/08 BHMA Meeting