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HomeMy WebLinkAboutMinutes - BoS - 03/26/2019 Selectmen Minutes March 26, 2019 Selectmen's Meeting Town Hall-Selectmen 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 Chairman Kennedy called the meeting to order at 6:50 p.m. Roll Call Vote; Steve Gaumer-Present, Diane Kennedy-Present,Jack Keniley-Present, Paul Schubert-Present, Kevin McCarthy-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 discuss Police contract. Motion moved by Selectman Schubert and seconded by Selectman Gaumer. Roll Call Vote; Kevin McCarthy-Aye, Paul Schubert-Aye, Diane Kennedy-Aye,Jack Keniley-Aye, Steve Gaumer Aye. The Board went into Executive Session at 6:51 p.m. The Board came out of Executive Session at 7:10 p.m. Committee Interviews/Appointment-David Bigley-25 James Lane-Cable Advisory committee. Gave overview of his background. Motion by Selectmen McCarthy to appoint David Bigley to the Cable Advisory Committee for a one-year appointment, seconded by Selectman Schubert and the vote was unanimous (5-0). License/Permits/Events-Change of Manager-Mr. Dooley's-Chairman Kennedy stated the Board received information on the proposed manager as well as a background check. There wasn't any disqualifying information uncovered and the applicant was highly recommended by all her references. Proposed Manager Arlene McDaid and owner Sean Somers were present. Ms. McDaid has worked for the Somers Pubs for 20 years at Cohasset Pub Corp/Mr. Dooleys since it opened in 2011. She gave an overview of her background. Motion by Selectman Gaumer to approve Arlene McDaid as Manager of Mr. Dooley's, seconded by Selectman Schubert and the vote was unanimous (5-0). Earth Day-4/27/19-Peter Pescatore was present and reviewed his proposed event for the Earth Day Cleanup. The event is scheduled for 4/27/19 8:30 a.m.—2:30 p.m. with a rain date of 4/28/19. He reviewed the sites that they will focus on. He explained the educational programs with environmental themes that are involved with the day. Motion by Selectman Gaumer to approve the Earth Day Cleanup event on 4/27/19 with a rain date of 4/28/19, seconded by Selectman Schubert and the vote was unanimous (5-0). 1 Selectmen Minutes March 26, 2019 Cable Contract Renewals-Chairman of Cable Advisory Committee Nicole Graebner Roth and Special Counsel Bill Solomon were present. Mr. Solomon reviewed the current contract and the proposed contract. He has been working with Comcast Senior Manager of Government Affairs for Cohasset- Mike Galla for months on the new proposal. He is recommending the Board of Selectmen vote to issue a "friendly" preliminary denial of the renewal cable license of Comcast Cable Communications to preserve the rights of all parties as both sides continue to work together to finalize a Renewal License Agreement. The current Comcast renewal license will remain in effect until a new License agreement is entered and the renewal license issued by the Board. He expects to have a draft Comcast and Verizon Renewal License will be forwarded to the Board early next week. He explained the new items in the proposed new contract. Chairman Kennedy read aloud the following motion; Motion and Vote to Issue a "Friendly" Preliminary Assessment of Denial of The Cable License Renewal of Comcast Cable Communications Management, LLC to allow for additional time for the parties to reach a cable license renewal agreement. WHEREAS,the Town of Cohasset("Town") is desirous of completing the Cable Television License Renewal process and reaching a Cable License Renewal Agreement with Comcast Cable Communications Management, LLC("Comcast"), pursuant to the informal licensing process set out in Section 626(h) of the Cable Act; WHEREAS, Comcast and the Town have engaged in a good faith cable license negotiation process; and WHEREAS,the Board of Selectmen ("Board") as Cable Television License Issuing Authority deems it prudent to protect the interests of all parties with respect to the formal license renewal process. NOW THEREFORE, because a Renewal License has not yet been finalized and issued by this Board,and in order to protect the interests of the Town and Comcast as both parties work to finalize a Renewal License Agreement,the Board, pursuant to Section 626(c)(1) of the Cable Act, hereby issues this"friendly" "Preliminary Assessment of Denial"to provide additional time to complete the license renewal process and issue a renewal cable license. In order to provide the best opportunity for the parties to expeditiously reach an agreement regarding a Cable Television Renewal License,the Town will file a request/motion with the Department of Telecommunications and Cable of the Commonwealth of Massachusetts to extend the time for the Town to file a "written statement detailing the reasons for its preliminary denial" pursuant to 207 CMR 3.06(3). This will provide additional time for the parties to finalize an agreement and for the Town not issue a Renewal License,without the need to devote time and attention to matters other than the completion of the Renewal License agreement. Motion was moved by Selectman Gaumer, seconded by Selectman Keniley and the vote was unanimous (5-0). Complete Streets Policy-Adoption-Mr. Senior reviewed the edits the Board discussed at the last meeting. Director of Planning-Pete Matchak explained the commitment, best practices, implementation and next steps to the Board. The Board discussed the policy. Motion by Selectman Schubert to adopt the Complete Streets Policy as presented, seconded by Selectman Gaumer and the vote was unanimous (5-0). Final Warrant Discussion, Review and Vote on Articles-Mr. Senior asked Chairman Kennedy if the Board would discuss Article#19 first. Article#19-Zoning Bylaw Amendment-Cohasset Harbor. Mr. Matchak explained the purpose of the article is to allow multifamily residential use in combination with a nonresidential use within a mixed- use building within the boundary of the overlay district. Mr. Matchak has been working with Special Counsel Karis North and Emily Innes from Harriman throughout the process. This is not exclusionary or 2 Selectmen Minutes March 26, 2019 spot zoning. Amy Glasmeier-63 Howe Road asked how they came to the decision that this is the public's will. There was another neighbor that would have like to be included in the overlay, but was not. She believes there needs to be more information and geotechnical studies. Selectman Gaumer stated this Article was reviewed and approved by the Planning Board who are ultimately are elected by the people. Chairman Kennedy added that if this article passes at ATM it simply creates a Zoning overlay district—it is not a consideration of any specific project and any proposed project would require other processes and permits. Jack Creighton-23 Cushing Road stated they have a situation where everyone listened and having an overlay plan removes any dangers. The harbor needs to be revitalized, it has been neglected. The proposed article has been scaled back. Selectman Gaumer stated this is an overlay proposal not a project by any group. Article#16-Relocation of James Brook at Rear 45 South Main Street-Mr. Senior stated he met with Wayne Sawchuk after speaking with town counsel and Advisory Committee about concerns with the proposed article. After some discussion, it is being recommended that the Article be pulled from this warrant and continue with engineering and planning and put on the STM Warrant in the fall. Motion by Selectman Schubert to remove Article#16-Relocation of James Brook at Rear 45 South Main Street from the Warrant for ATM, seconded by Selectman Gaumer and the vote was unanimous (5-0). Mr. Senior and Finance Director Don Piatt reviewed the FY20 Budget Document with the Board. Article#4-Unpaid Bills from Previous Years-Motion by Selectman Gaumer to recommend Article#4- Unpaid Bills from Previous Years to ATM, second ed by Selectman Keniley and the vote was unanimous (5-0). Article#5-Supplemental Appropriations for Fiscal 2019-Motion by Selectman Gaumer to recommend Article#5-Supplemental Appropriation for Fiscal 2019 to ATM, seconded by Selectman Keniley and the vote was unanimous(5-0). Article#6-Stabilization and other Special Funds-The Board agreed to vote on this article at 4/2/19 meeting. Article#9-Allocation of Funds for One Time Cost-Motion by Selectman Schubert to recommend Article #9-Allocation of Funds for One Time Cost to ATM, seconded by Selectman Keniley and the vote was unanimous (5-0). Article#12-Increased Threshold for Personal Property Taxation-Motion by Selectman Gaumer to recommend Article#12-Increased Threshold for Personal Property Taxation to ATM,seconded by Selectman Keniley and the vote was unanimous(5-0). Article#15-Update to Animal Control Fines to Comply with State Law-Motion by Selectman Schubert to recommend Article#15-Update to Animal Control Fines to Comply with State Law to ATM, seconded by Selectman Gaumer and the vote was unanimous (5-0). Article#17-Rescind Voluntary Check-off for Elderly Tax Abatement-Motion by Selectman Schubert to recommend Article#17-Rescind Voluntary Check-off for Elderly Tax Abatement to ATM, seconded by Selectman Keniley and the vote was unanimous(5-0). 3 Selectmen Minutes March 26, 2019 Article#18-Harbor Village Business(HVB)Overlay District-Motion by Selectman Schubert to put Article#18-Harbor Village Business(HVB)Overlay District on the Warrant for ATM,seconded by Selectman McCarthy and the vote was unanimous(5-0). Article#19-Citizen's Petition-Amend Sewer District Map-Mr. Senior advised the Board the proponent will be withdrawing this article at Town Meeting and the Advisory Committee has voted to indefinitely postpone. He recommends the Board does the same. Motion by Selectman Gaumer to recommend to indefinitely postpone a recommendation on Article#19-Citizen's Petition-Amend Sewer Map to ATM, seconded by Selectman Schubert and the vote was unanimous(5-0). Mr. Senior advised the Board that there was an article on the Warrant which has been taken off regarding the Relocation of James Brook Easement at 2 Smith Place. He has spoken to the proponent's attorney. They have not submitted all the information for the article. They will put on the warrant at STM in the fall. The Board agreed that putting on the warrant for STM in the fall is best. Development of Policy for Disposition of Town Owned Land-Mr. Senior provided the Board with example policies from other communities for the Board to review. After a brief discussion the Board agreed they should put together some objectives for the policy. They Board will forward their information to Tracey Connors. Ratification of Police Contract-Motion by Selectman Gaumer to ratify the police contract discussed earlier in executive session,seconded by Selectman Keniley and the vote was unanimous (5-0). Town Manager Update-Mr. Senior thanked the Board for approving the Complete Streets Policy. It will be submitted tomorrow. The Health & Recreation Fair last weekend was a great success. The Safe Harbor Committee and Cohasset Schools hosting the movie Angst tonight. There were expecting a big crowd. Selectmen Update-Selectman Schubert stated the Annual Road Race by the Sea is this Sunday, March 31". The weather is supposed to be good. Dana Farber is hosting a Casino Night fundraiser this weekend at the Red Lion Inn for South Shore Hospital. Chairman Kennedy reminded everyone that with the Road Race there will be some intermittent road closures during the race. Check the website for details. Cohasset Police will be sending out a call. Selectman Gaumer stated he is nearing the end of his term on the Board and thanked his fellow members for some great agreements, disagreements and dialog over the past years; he has never lost respect for anyone. He encouraged anyone that will be voting to consider voting for a candidate that brings something to the table. He finds it disturbing that some candidates are campaigning on/promoting to "fix town hall." Candidates should run because it is an honor to serve in the community. Minutes-Motion by Selectman Gaumer to approve the minutes of 2/19/19&2/26/19 as written, seconded by Selectman Keniley and the vote was unanimous(5-0). Motion by Selectman Gaumer to adjourn,seconded by Selectman Schubert and the vote was unanimous(5-0). The meeting adjourned at 10:00 p.m. Respectfully submitted, 4 Selectmen Minutes March 26, 2019 Diane Kennedy Documents Application-D. Bigley Change of Manager App.-Mr. Dooley's Cable Contract info Complete Streets Policy Draft policies for Disposition of Town owned Land Minutes 5