HomeMy WebLinkAboutMinutes - BoS - 11/07/2018 Selectmen Minutes November 7, 2018
Selectmen's Meeting
Town Hall-Selectmen's Office
41 Highland Avenue
Cohasset, MA
Selectmen Present: Diane Kennedy, Chairman
Kevin McCarthy
Steve Gaumer
Paul Schubert
Jack Keniley
Others Present: Christopher Senior,Town Manager
Attorney Jim Lampke, Special Counsel
Chairman Kennedy called the meeting to order at 6:35 p.m. Roll Call Vote; Kevin McCarthy-Present, Paul
Schubert-Present, Diane Kennedy-Present,Jack Keniley-Present, Steve Gaumer-Present.
Chairman Kennedy asked for a motion to go into Executive Session for Exemption#3-to discuss strategy
with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on
the bargaining or litigating position of the public body and the chair so declares. The Board will be
discussing the Sajjan matter and Exemption #6-to consider the purchase, exchange, lease or value of
real property if the chair declares that an open meeting may have a detrimental effect of the negotiating
position of the governmental body. The Board will be discussing the purchase of 585 Chief Justice
Cushing Highway. Motion moved by Selectman Schubert and seconded by Selectman McCarthy.
The Board went into executive session at 6:36 p.m.
The Board came back into open session at 7:16 p.m.
Chairman Kennedy called the meeting back to order at 7:16 p.m. and asked for a Roll Call Vote; Kevin
McCarthy-Present, Paul Schubert-Present, Diane Kennedy-Present,Jack Keniley-Present, Steve
Gaumer-Present.
Pledge-Recited.
Public Comment-None.
Continued Liquor License Hearing-Sajjan-ABCC Remand of Non-Renewal of License-Chairman Kennedy
read aloud the public hearing notice and opened the hearing. Attorney Lampke swore in Debra &
Joginder Sajjan. Attorney Lampke stated the issue before the Board is whether the 2016 License should
be renewed. He discussed the history of the renewal application and entered the following exhibits for
the record;
Exhibit#1-A bank check ($1850.00) for the 2016 License fee.
Exhibit#2-The application for the 2015 Liquor License indicating the lease has been terminated at 27-29
Main Street.
Exhibit#3-The license issued for 2015 calendar year that the Board approved with the Main Street
address.
Exhibit#4-Excerpts from the Board's meeting minutes of 1/20/15, 2/3/15, 4/14/15, 7/23/15, 8/25/15,
9/22/15, 10/27/15 and 11/24/15 (which was the change of location hearing to determine an adequate
location) and 12/8/15 (meeting regarding renewal of the disapproved license).
Exhibit#5-Form to ABCC indicating the Board's disapproval of renewal application.
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Exhibit#6-The ABCC decision on the transfer of location decision (ABCC took no action).
Exhibit#7-Sajjan's appeal of ABCC decision to the Superior Court. Motion of judgement on the hearings
(town is not a party in this case). The Court remanded the matter back to the ABCC. The court felt the
ABCC should have addressed the renewal of license.
Exhibit#8-The Procedural Order from the ABCC to the Board of Selectmen remanding it back to the
Board to address the renewal issues.
Attorney Lampke stated this case is highly unusual. He turned the hearing over to Mr. & Mrs. Sajjan.
Chairman Kennedy asked the applicants to introduce themselves.
Debra Sajjan and Joginder Sajjan both of 47 Old Colony Lane, Apt. 33, Marshfield introduced themselves.
Chairman Kennedy asked if they applicants had any questions or comments. Mr. Sajjan presented the
receipt showing his taxes to the town as being paid to date. The applicants had no further questions.
Selectman Gaumer asked for clarification that the facts the Board was presented with in December is
what should be considered. Attorney Lampke stated that is correct. Selectman Gaumer asked if the
Planning Board had issued a decision on the application for the Site Plan Review for their property at
807 CJC Highway before the Selectmen meeting in December 2015. Attorney Lampke stated the
decision from the Planning Board was issued on 2/24/16. Attorney Lampke submitted Exhibit#9-The
Planning Board decision of 2/24/16. Selectman Gaumer stated the license of 2015 was unused for about
a year. Attorney Lampke marked Mr. Sajjan's receipt of payment of taxes as Exhibit#10.
Mr. Sajjan stated they bought the property to open their business and they are losing money.
Motion by Selectman Schubert to deny the renewal of the 2016 Retail Package License for failure to
have a proper location from which to operate the license and to conduct and operate the licensed
business, seconded by Selectman Keniley and the vote was unanimous(5-0).
Motion by Selectman Keniley to close the hearing, seconded by Selectman Schubert and the vote was
unanimous (5-0).
STM Warrant-Finalize
Article#1-Amendments to Fiscal 2019 Operating Budget-Motion by Selectman Keniley to recommend
Article#1 to Special Town Meeting for approval,seconded by Selectman Schubert and the vote was
unanimous (5-0).
Article#2-Unpaid Bills from Previous Fiscal Years-Motion by Selectman Schubert to recommend Article
#2-Unpaid Bills from Previous Fiscal Years to Special Town Meeting for approval,seconded by
Selectman Keniley and the vote was unanimous(5-0).
Article#3-Stabilization Funds-Motion by Selectman Keniley to recommend Article#3 Stabilization
Funds to Special Town Meeting for approval, seconded by Selectman Schubert and the vote was
unanimous (5-0).
Article#4-Allocation of Funds for One-Time Costs-Motion by Selectman Schubert to recommend Article
#4 Allocation of Funds for One-Time Costs to Special Town Meeting for approval, seconded by
Selectman Keniley and the vote was unanimous(5-0).
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Article#5-Adoption of Scenic Roadways-Already voted by the Board at a previous meeting.
Article#6A-Capital Improvement Projects-Motion by Selectman McCarthy to recommend Article#6
Capital Improvement Projects to Special Town Meeting for approval, seconded by Selectman Schubert
and the vote was unanimous(5-0).
Article#68-Town Hall-Mr. Senior advised the Board the study on the analysis of repairs for town hall is
complete. They are seeking money for the professional services for the design and bidding for roof
repairs/replacement. Mr. Senior stated they could put in $20,000 for the amount and it should not
exceed that. The Board had a lengthy discussion. Advisory Chairman John Chapman stated Advisory
Committee has not voted on this article yet. Vice Chairman of Capital Budget Brian Host stated there is
frustration with not doing anything and the integrity of the building. That is why the discussion of the
roof came in. Capital Budget has not discussed this article yet either. Mr. Host stated however the
Committee agrees that something needs to be done. They need to protect the assets in the interim.
The roof is a worthy and timely investment and they would like to see the entire envelope addressed.
Article#7-Acquisition of Real Property-Mr. Senior discussed the property located at 585 Chief Justice
Cushing Highway. The land has the potential to be utilized for open space,watershed protection or
public use. Motion by Selectman Schubert to recommend Article#7-acquisition of 585 CJC Highway to
Special Town Meeting, seconded by Selectman Keniley and the vote was unanimous (5-0).
Article#8-Community Preservation Committee-Mr. Senior stated there are two projects that need an
extension of funds approved for the Milliken Field Shed/Bathrooms and 100 Sohier Street-Recreation.
There is also a new project for the Trettis House Replacement. The Board had a discussion on whether
Capital Budget should vote on the project. Chairman Kennedy recommended the Board hold off on the
vote of this project.
Motion by Selectman McCarthy to put Articles#148 except for Article 66 on the warrant for Special
Town Meeting, seconded by Selectman Schubert and the vote was unanimous(5-0).
Selectmen Update-Selectman McCarthy stated a group including Glenn Pratt, Chief Silvia, Steve Girardi
and Chris Senior met this week to discuss the power issues in town. They looked at the grid and the
vulnerability. Mr. Senior is drafting up questions and points to bring to National Grid. They have also
asked State Representatives for a reliability report of power and electrical issues and they will review it.
Selectman Keniley advised the Board he received an open invitation from Rockport to visit and look at
their town hall renovation. He asked that the members let Tracey Connors know when they are
available.
Selectman Gaumer stated he drive across Cunningham Bridge for the first time since it reopened. He
stated it is an attractive super structure. He feels the State went above and beyond for the project. He
asked that the Board consider sending a note of thanks to the Mass DOT. Mr. Senior offered to draft a
letter and bring back to the Board.
Chairman Kennedy stated she received a letter regarding Logan Airport noise. There are currently
different traffic patterns. She suggested the Town consider putting a button on the town website to
report complaints like other communities. Mr. Senior will look into.
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Minutes-Motion by Selectman Schubert to approve the minutes of 10/23/18, seconded by Selectman
Keniley and the vote was unanimous (5-0).
Motion by Selectman Schubert to adjourn, seconded by Selectman Keniley and the vote was
unanimous (5-0).
The meeting adjourned at 9:30 p.m.
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