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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. Harbor Management Authority July 15, 2009 Page 1 of5 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. Harbor Management Authority July 15, 2009 Page 2 of5 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. Harbor Management Authority July 15, 2009 Page 3 of5 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 Harbor Management Authority July 15, 2009 Page 4 of5 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. Harbor Management Authority July 15, 2009 Page 5 of5