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2013-05-15CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Harbor Management Authority Date: May 15, 2013 Location: Beverly Public Library Fogg Room Members Present Chair Paul Earl, David Suminsby, Pat McAleer, Rinus Oosthoek, Don Neuman, Paul Miedzionoski, George Simon, Pat McAleer, Chris D'Alfonso, Maureen Troubetaris, Wes Slate Members Absent: None Others Present: Rob Dever, Facilities Manager, Director of Municipal Finance John Dunn, City Solicitor Roy Gelineau, Director of Public Services and Engineering Mike Collins Recorder: Eileen Sacco Earl called the meeting to order at 7:00 p.m. Public Input There was no public comment this evening. Minutes The minutes of the Harbor Management Authority meetings held in March 20, 2013 and April 17, 2013 were presented for approval. Slate moved to approve the minutes as amended. Troubetaris, seconded the motion. The motion carried. Discussion with John Dunn, Director of Municipal Finance — City of Beverly John Dunn addressed the HMA and reviewed the finance report for the Commercial Marina Improvement Project. He noted that the total contract with change orders is $1,666,790.00. He reviewed the funding of the project with the state grant of $1,390,000.00 and noted that the net funding needed in excess of the state grant is $276,790.00. He noted that the HMA fund balance as of 6/30/12 was $167,000 leaving a balance of other funds needed of $109,790. He noted that the Waterway Improvement Fund balance is $131,900.00. Dunn explained that depending on the collection of slip fees that are due, the fund balance for next year will be $15,000420,000. He noted that the renovations have been great but they had to have had an effect on the revenue and he thinks it will continue to have an effect until the Harbor Management Authority May 15, 2013 Page 1 of 4 Draft Minutes project is finished. Dunn also noted that he thinks that we will get through finishing the project and managing the sites but it will be tight. Dunn explained that they are required by the Department of Revenue to cover funds that are in a deficit, noting that he is not sure yet if that is going to happen. Dunn reported that going into next year the HMA will have minimal balances. Earl noted that the HMA will basically be starting at zero and filling the slips will be important. Dunn agreed noting that the HMA is not alone in that the slips are not all full and the economy has something to do with that. He noted that marinas all around the North Shore have vacancies and the HMA should not dwell on that. Earl noted that the project is behind schedule and the contractor is subject to fines each day that the project is late. Councilor Slate questioned why the contractor has not been charged late fees since March 29, 2013. Earl stated that he does not know why that has not happened. Mike Collins explained that there were issues with driving the pilings which delayed the installation of them and the project has been hamstrung by the delivery of the floats. He noted that they have been taking care of the customers down there noting that slips have been assigned. He noted that right now the focus is on getting finished and City Solicitor Roy Gelineau will work through the contract issues once the site is completed. He also noted that he wants to be sure that we get a good quality system in the end. Brown Building Mike Collins reported that the Brown Building is coming along and stated that the goal is to get it up and running as soon as possible. He explained that there have been challenges and explained that the bathrooms, floor slab, roof top solar hot water system to heat the building need to be completed. He noted that the electrical work is being done now. He also noted that they are going to try and do as much of the work themselves as they can. He estimated that the cost is about $50,000. Facilities Report Dever reported that the mooring blocks are out. He reported that there are 14 open slips and noted that he has publicized the reduction of the minimum to 25 feet and he hopes that will draw more interest in the site. McAleer reported that there was a deadline to join the Mass Marine Trades Association and he did that on behalf of the HMA. He explained that we may get some transient traffic through participation in the program. He stated that he will meet with the Harbormaster to explain the program and the discounts that members are offered. Suminsby reported that the other banner to advertise the slips for rent at the marina needs to be put up. Harbor Management Authority May 15, 2013 Page 2 of 4 Draft Minutes Legislative Act Review — City Solicitor Roy Gelineau Earl explained that a subcommittee (Earl, Neuman and former HMA Chair Miranda Gooding) has been reviewing the legislation from 1987 regarding the role of the Harbor Management Authority. He explained that the group met three or four times and also met with Mayor William Scanlon. Earl explained that they reviewed the Harbormasters job description and compared it to the duties and responsibilities of Harbormasters in other cities and towns. He noted that they all have active waterfronts and one person doing the job. He distributed a revised job description has been distributed to members and noted that the changes recommended are in yellow. Earl stated that there is no accountability down at the marina and the goal is to bring clarity to the waterfront and it needs to be managed. Oosthoek asked if the goal is to amend the act or create a working plan for Beverly. Councilor Troubetaris stated that the Harbormaster should be part of the Harbor Management Authority. Roy Gelineau agreed stating that he thinks it is critical. Earl noted that the Harbormaster is invited to attend every meeting of the HMA. Slate noted that in most other communities the Harbormaster has the responsibility for the day to day management of the facilities. He explained that the HMA has an interest and role but the operation of the marina should be the responsibility of the Harbormaster. Neuman agreed noting that the Harbor Management Authority should set policy and oversee the management of the marina. Earl asked the members of the HMA if they agree that the operation of the waterfront should be under the auspices of one central position. Troubetaris agreed and noted that enforcement should be included in that as well. Roy Gelineau addressed the HMA and noted that a lot of work goes into this and stated that he looked at this as dysfunctional and thinks that the change will be beneficial. Motion: Oosthoek moved that the Harbor Management Authority agrees with the concept of the proposed Beverly Waterfront Management Plan with details to follow. Neuman seconded the motion. The motion carried (9 -0). Slate explained that this would require a home rule petition passed by the city council and sent to the legislature via Representative Jerry Parisella. Mike Collins suggested that the HMA request that the legislature abolish the act and create the HMA by local ordinance. Roy Gelineau stated that he would check on that with Attorney Nyland who specializes in environmental law and is representing the city on other matters. He stated that he will report back to the HMA. Harbor Management Authority May 15, 2013 Page 3 of 4 Draft Minutes Green Hill Earl reported that he walked the site with Charlie Mann of the open space committee and explained that they are looking for the interest and the cooperation of the HMA on their goal to obtain the parcel. Gelineau reported that he spoke with Charlie Mann regarding the parcels. He reported that one of the parcels is in land court and he does not know when it is going to come out, but when it does the city will get it form land court for non - payment of taxes. Earl suggested that members of the Open Space Committee be invited to the next HMA meeting. HMA FY14 Budget Earl stated that he would look at the budget for next year and try and pull it back a little further for the next meeting. He noted that if necessary he may call a special meeting to approve the budget. Next Meeting The next meeting of the Harbor Management Authority will be held on Wednesday, June 18, 2013. Adjournment There being no further business to come before the Beverly Harbor Management Authority this evening, Simon moved to adjourn the meeting. Miedzionoski seconded and the motion carried. The meeting was adjourned at 9:00 p.m. Harbor Management Authority May 15, 2013 Page 4 of 4 Draft Minutes