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.
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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
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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.
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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.
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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.
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