2009-07-15
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Board:
Harbor Management Authority
Date:
July 15,2009
Location:
Beverly Public Library - Fogg Room
Members Present
Miranda Gooding, Paul Miedzionowski, Rinus Oosthoek, Charles
Raymond, Greg Ward, Don Neuman, Maureen Troubetaris, Wes
Slate, Sylvan Menezes, George Simon
Members Absent:
None
Others Present:
Lou Bochynski, City Solicitor Roy Gelineau
Recorder:
Eileen Sacco
Gooding called the meeting to order at 7:00 p.m.
Public Comment
Gooding suggests that the agenda be taken out of order to accommodate members of the public
who are present this evening who wish to address the Harbor Management Authority.
Gooding explains that letters were sent to Mr. Michael Zdanowicz Sr. and Mr. Michael
Zdanowicz Jr. notifying them that their dockage at the Beverly Municipal Marina will expire on
June 30, 2009 and will not be considered for renewal due to failure to meet payments as provided
for in item #3 of the current slip agreement. She notes that Attorney Jack Regan is present at the
meeting as well as the Zdanowicz's and wishes to address the HMA. She noted that this is not
an official hearing, but rather an opportunity for the HMA to hear from the Atty. Regan and they
will probably not be making a decision on this tonight.
Atty. Regan addresses the HMA and states that his clients both received letters and have made
payment today for 50% of the fees that were due on June 30,2009, which represents the fees for
this year. He states that the Zdanowicz's are long standing tenants and have been late with their
fees over the years and they apologize for that. He stated that the remaining balance for the
2009-2010 fees will be paid by the end of August.
City Solicitor Roy Gelineau states that his office received a check today in the amount of
$3,040.00 representing half of the rent for two slips. He explains that he instructed Noreen
Slocomb to hold the check pending a decision by the Harbor Management Authority.
Gooding thanked the Zdanowicz's for attending the meeting and stated that the HMA would take
the matter under advisement.
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July 15, 2009
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Mr. Vogler addressed the HMA and stated that he received a letter asking him to switch spaces
as a condition of renewal. He stated that he has been a tenant for 30 years and it was not a very
nice letter.
Gooding explained that the letter was sent to Mr. Vogler and Mr. Edelstein asking them to switch
spaces as a condition of renewing the leases for the coming year and notes that Mr. Vogler is not
in agreement.
Raymond questions if the lease agreement specifies that a berth is permanent or at the discretion
of the marina management.
City Solicitor Roy Gelineau explained that the HMA grants the lease for one year and since this
is a new lease for this year, and it is quite clear that the lease is subject to the determination of
the HMA as to where the slip will be. He notes that the HMA has a legal right to manage the
dock to the benefit of the HMA and all of the tenants down there.
Mr. Vogler suggested that if they moved the width of the finger there would be enough room
without his having to move.
Gooding suggests that the matter be referred to the facilities committee to consider Mr. Vogler's
request for reconsideration of his slip assignment and for the committee to make a
recommendation to the HMA at its August meeting.
Gooding thanked the public for attending and appreciated their attending the meeting.
Chris Delfonso and Bob Albano were also present at the meeting and stated that they were
attending to observe. They noted that they are pleasure boaters and noted that the members of
the Glover Wharf Marina do not have a seat on the Harbor Management Authority. They
explained that they would like to attend meetings and offer suggestions from time to time. They
also stated that they are curious about the revitalization project that is about to start.
Gooding thanked them for attending and noted that the HMA meetings are open to the public.
Slate notes that Mr. Delfonso is a constituent of his and he contacted him regarding the HMA
and he encouraged him to attend the HMA meetings periodically. He also noted that there are
seats open on the HMA.
Aooroval of Minutes
The minutes of the Harbor Management Authority meeting held on June 17,2009 were
presented for approval. Slate moves to approve the minutes of the Harbor Management
Authority meeting held on June 17,2009 as amended. Oosthoek seconds the motion the motion
carnes.
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July 15, 2009
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Report from Facilities Committee
Marina Improvements
Gooding explains that Neuman and Menezes have been working hard on this matter.
Neuman explains that they met with Vine Associates and reviewed the cost estimates and options
for proceeding and how to best spend the $2.5 million state grant money. He also noted that they
met with Mayor Scanlon. He explains that the Mayor suggested that the HMA should structure
any contract to spend what money we have and not to commit to spending what we don't have.
Neuman explains that they reviewed cost estimates with Vine and concrete has increased in price
50% and concrete floats would result in a total project cost of about $2.9 million. He suggests
that the RFP ask for prices for concrete and wood floats and the seawall and apron and the HMA
can see where it stands when the bids come in.
Neuman estimated that the bidding and the permits could be in place to start the work in
November or December. He noted that the work could possibly be done by May and we would
not lose a boating season.
Neuman also explained that there could be two contracts, one for building and delivering the
floats and another for installation.
Ward asks what the difference is in the lifespan of concrete vs. wood. Neuman explains that
while concrete is double the price it does not mean double the lifespan. He notes that there are
some wooden floats in the marina now that were built in 1968. Bochynski explains that that
floats that are 40 years old are labor intensive.
Neuman also noted that a decision needs to be made regarding the brown building as to whether
it gets torn down or sold and moved. He also noted that there is a question as to whether it needs
to be declared surplus property. He noted that the Mayor stated that he would call a special
meeting of the City Council to declare it surplus if necessary.
Neuman reviews the process that needs to take place to get this project started. He also noted
that a meeting should be held with Mr. Leone regarding how this project will interface between
the city side and the water side. He also notes that Mr. Leone has suggested that he wants to
review this prior to construction.
Discussion ensues regarding the configuration of the marina and the preferred configuration
chops off the last finger and last main extension to the finger which will result in no major
changes but will reduce the number of slips and accommodate longer boats and broader beams
on the western side.
Troubetaris asks if there is a demand for 40 foot slips. Neuman notes that we have no slips for
50 foot boats. Discussion ensues regarding boat sizes and availability of space for them.
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July 15, 2009
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Discussion ensues regarding post and rail handrails or ballasts. Neuman notes that open rails are
potentially dangerous for children.
Menezes explains that Susan St. Pierre of Vine Associates wants to move forward on the
licensing as soon as possible.
Gooding states that the new float configuration assumes that we have the money and permitting
at some future point in time to go back and add the additional slips. She states that she is not
sure whether she would rather see the current configuration that allows smaller boats but more
slips be put in place now. She states that she understands the intent of the HMA but she would
like to see the work spread out a little more fairly between the recreational and commercial
mannas.
Neuman suggests that the HMA start the process noting that Vine is working on the bid package
and the permitting. He also suggests that a meeting be held with Mr. Leone on the landside
configuration. Gooding notes that a discussion needs to be held regarding the showers,
bathrooms and laundry facility with Mr. Leone.
Omwin2 Matter (Updates)
Gooding notes that the public hearing regarding the Mass Highway project was held on July 13,
2009. She questions if the HMA should put comments in writing as part of the ten day comment
period. Slate states that it could not hurt to formalize that.
Black Cow
Gooding reported that Susan St. Pierre is working on the final Chapter 91 License issues and will
be going to DEP and CZM for their review.
Facilities
Discussion was held regarding the waiting list for the marinas. Ward suggests that the HMA
advertise for a waiting list.
Gooding reported that she and Neuman talked to Mike Collins regarding staffing for the marina.
She explains that Bochynski will be working 20 hours per week and Mike Collins and his staff
with take care of matters as they arise when Bochynski is not on duty. Bochynski explains that
his hours will be flexible and his end date will be sometime in October.
Neuman explains that he talked to Mayor Scanlon regarding staffing and noted that summer help
was discussed but that it might be too late now for summer staff.
Troubetaris expressed concern that Mike Collins has been given multiple departments to oversee,
noting the park department and the school department. Discussion ensues regarding what work
needs to be done at the marina. Troubetaris noted that she is concerned about security and
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suggested that the police bike patrols should monitor the area. Slate notes that there are not
many bike patrols due to budget constraints.
Next Meetin2
The next meeting of the Harbor Management Authority will be held on Wednesday, August 12,
2009
Adjournment
Menezes moved to adjourn to Executive Session and the Harbor Management Authority will not
be returning to open session this evening. Oosthoek seconds the motion. Gooding calls for a
roll call vote as follows:
Paul Miedzionowski
Rinus Oosthoek
Charles Raymond
Greg Ward
Don Neuman
Maureen Troubetaris
Wes Slate
Sylvan Menezes
George Simon
Miranda Gooding
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The meeting was adjourned at 8:35 p.m.
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