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HomeMy WebLinkAboutMinutes - BoS - 03/22/2010 Minutes—Board of Selectmen March 22,2010 Selectmen Present: Paul Carlson, Chairman Karen Quigley Frederick R. Koed Ralph Dormitzer Edwin G. Carr Others Present: William R. Griffin,Town Manager Jennifer Oram, Selectmen's Clerk Chairman Paul Carlson called the meeting to order at 7:OO13M. Town Manager's Report Town Manager, William Griffin, asked the Board to consider a public hearing to consider whether or not the Red Lion Inn violated the terms and conditions of its liquor license. Incidents occurred in both February and March of 2010 and Mr. Griffin provided the Board with copies of the police reports. Selectman Edwin Carr moved to approve a public hearing. Selectman Karen Quigley seconded the motion. Selectman Dormitzer expressed concern that there was enough evidence and felt this could put the Board in a difficult position. Chairman Carlson stated that he felt it was the burden of the Police Department to make the case. The vote was 4-0,Selectman Dormitzer abstained. Selectmen Comment Period Selectman Dormitzer asked when the next brush day would be scheduled at the RTF and if a machine could be scheduled to come in to work with the compost. Selectman Carr congratulated the Town on receiving the 2010 E-Government Award with Distinction for the Town's website from Common Cause. Selectman Quigley stated that she attended the Recreation Fair and that there were over 60 vendors in attendance from within our community. Licenses& Permits—Selectman Carr moved to approve a one-day liquor license for the Cohasset Education Foundation spring fundraiser to be held on Saturday, May 22, 2010 from 6-11:OOPM. The event will take place at the South Shore Music Circus, under a tent, located at 130 Sohier Street. Selectman Frederick Koed seconded the motion and the vote was unanimous (5-0). Used Car Dealer License—Class II—Ms. Veronica Silva, Owner of Luxury Selections,Autobahn, LLC, addressed the Board. Ms. Silva reviewed her business plan of selling both used cars and motorcycles at the 827 Chief Justice Cushing Highway location. Selectman Dormitzer asked that the appearance of the location be maintained. It was also pointed out that the license does not allow any more than 50 vehicles at the location. Selectman Carr moved to grant the Used Car Dealer's License—Class II. Selectman Koed seconded the motion and the vote was unanimous(5-0). Candidates for Committee Appointments—Water Planning Group Candidates Mr. Patrick Gallagher of 40 Jerusalem Road addressed the Board. Mr. Gallagher reviewed his background for the Board, stating that he is currently employed by Camp Dresser& McKee Inc. He has had experience with Water Plants, and also works on the contractual and finance side of the water Selectmen—3.22.10-JBO 1 Minutes—Board of Selectmen March 22,2010 industry as well. He has also done rate studies on utilities and understands capital costs. The Board also received interest from John Beck of the Sewer Commission, as well as Paul and Brandy Chapman of 30 Summer Street in Cohasset; these applicants were not in attendance. After a brief discussion, Selectman Carr moved to appoint Mr. Patrick Gallagher to the Water Planning Group.Selectman Koed seconded the motion and the vote was unanimous. Selectman Carr moved to appoint John Beck to the Water Planning Group. Selectman Koed seconded the motion and the vote was 4-0, Selectman Quigley abstained. Proposed Earth Fest on Cohasset Common—Director of the Recreation Department,Ted Carroll, began this presentation as the sponsors were trying to locate a place to park. Mr. Carroll stated that on May 8t" the Recreation Department will be conducting a waste collection day in the Town Hall lot. Students from the High School have proposed holding an Earth Fest on the Common to tie into this event. The Board asked to continue the presentation when everyone is attendance. Annual Town Meeting Articles—CPC Recommendations—Chairman Carlson stated that Town Counsel has given the Board a written opinion which states that the requests from the CPC for Recommendation D (Replacement of the Boiler at the Historical Society) and Recommendation J (funds for work at the Haggerty Building) do fall within the definitions of preservation, rehabilitation and restoration. Selectman Dormitzer stated that he felt that this (the opinion) is a real stretch for him and that he does not like seeing CPC funds used in this way. Selectman Quigley stated that she agreed with Selectman Dormitzer and that she is uneasy as well. She said that although she thinks that these projects are good things, she sees them more as maintenance than capital projects. Chairman Carlson stated that he sees the boiler for the Historical Society as keeping the building going or you would lose historical items. He stated he was more concerned about the CSCR requests. Selectman Koed said that the legal opinion covered it for him. Mr. Griffin addressed the Board and said that he and Finance Director, Michael Buckley, spent a lot of time reviewing the documentation of previous expenditures at the Haggerty Property and they do not see a double billing situation. He said that it is very confusing to follow and can see how people may read it that way. Ms. Mindy Evans of 36 Sohier Street spoke in favor of the Historical Society Boiler. Selectman Quigley then stated that she has read through the leases of the CSCR property and also the paperwork on previous expenditures. She stated that she can see why there was confusion and that better records need to be kept. Selectman Carr then moved recommendation D,the Historical Society's boiler. Selectman Koed seconded the motion and the vote was unanimous (5-0). Selectman Quigley stated that in regard to CSCR,the Town owns the Haggerty Building and the Town needs to determine how it is going to handle this capital asset for the Town. Selectman Carr moved recommendation J,CSCR requests for the Haggerty Building. Selectman Koed seconded the motion and the vote was 3-2, Chairman Carlson and Selectman Quigley against. Earth Fest on the Common Continued- Cohasset Middle High School students, Emily Bertovich,Jenny Magruder and Megan Richardson addressed the Board. Ms. Richardson reviewed their plans for an Earth Fest on the Common. They are proposing the event take place on Saturday, May 8, 2010 from 10AM-2PM. Their focus for the event is to improve environmental awareness. They are working with the Recreation Commission and plan on using the Common, as well as the Town Hall for electricity purposes. There will be vendors and live entertainment. They plan on alerting neighbors of the event and encouraging those who attend to walk to the event. Selectman Dormitzer asked that they come in closer to the event with much more detail. Selectman Carr moved to approve the event subject to final review. Selectman Koed seconded the motion and the vote was unanimous(5-0). Selectmen—3.22.10-JBO 2 Minutes—Board of Selectmen March 22,2010 Little League Request for Portable Lighting—Mr. Erik C. Golz, President of the Cohasset Youth Baseball and Softball Association, addressed the Board. Mr. Golz is requesting for the third year in a row to have lights for the All Star Game for both Friday,June 18th and Saturday,June 19th. Mr. Golz will follow the same plan as previous years, with lights off by 10PM if not sooner. Chairman Carlson stated that the called all three neighbors who have expressed concern in the past and they had no complaints about the event. Mr. Griffin confirmed that a letter was sent out to the neighbors of interest regarding this meeting as well. Selectman Carr moved to approve the event as presented. Selectman Koed seconded the motion and the vote was unanimous (5-0). Review of Draft Open Space Plan—Members of the Open Space Committee, Debbie Shadd and Recreation Director Ted Carroll addressed the Board. Mr. Carroll explained that they have been working on the plan since January of 2009. Having an Open Space Plan keeps the Town eligible for state grant funding. They reviewed the action items for the Board, the first being keeping the Open Space Committee going. Selectman Quigley thanked them for all of their hard work and said that she knows what went into putting the document together. After further discussion, Selectman Dormitzer moved to maintain the Open Space& Recreation Committee. Selectman Quigley seconded the motion and the vote was unanimous (5-0). Selectman Carr moved to approve the draft Open Space Plan as amended. Selectman Dormitzer seconded the motion and the vote was unanimous(5-0). Treat's Pond Project—Selectman Dormitzer recused himself and reserved his right to speak as a private citizen. He then moved to a seat in the audience. Chairman Carlson reviewed the letter dated February 12, 2010 from the Army Corp of Engineers. He stated that at a previous meeting,the Board was deadlocked at a 2-2 vote and the Corp would like to know if the Town wishes to move forward with the project. If the Board does not, they will cancel the appropriation of funds. Chairman Carlson suggested perhaps a study of the harbor could be conducted to see if any of the proposed options from the Army Corp would hurt the harbor. Chairman Carlson opened the meeting to the audience. Mrs. Priscilla Houghton of 91 Atlantic Avenue stated that she lives in a house that is 102 years old and that was built by her grandfather. She has been asking for relief from the Town of their flooding problems since 1993. She asks the Board to please support the proposal from the Army Corp. Mr. Christopher Evans of 36 Sohier Street spoke against the project. Mr. Martin Nee of 109 Atlantic Avenue addressed the Board and stated that he has done a lot of research on the area of Salt Marsh restoration. He does feel the project would improve the stormwater drainage problems in that area. Selectman Quigley asked to make a comment. She stated that from the beginning the topics of Salt Water Marsh Restoration and Stormwater issues have been lumped together. She would like to try and separate the two. There was then a lengthy conversation about Stormwater and the Master Plan, BMPs etc. Selectman Quigley stated that for the purposes of this discussion, the money is for a restoration of a Salt Water Marsh, a topic that is very near and dear to her heart. However, she feels the Town should focus its attention and funds to the flooding problems that affect all parts of Town. Mr. Peter Whittemore of 47 Elm Court stated that he felt badly for the Houghtons. He feels an extended outfall pipe at Sandy Cove would flush the marsh. He also feels it is a fresh water marsh, not a saltwater marsh. He stated that if Treats Pond is converted to a saltwater marsh, the pond will die. Melinda Evans of 36 Sohier Street requested a study for the Sohier Street area if the Board was going to do a study for the Atlantic Avenue area. She feels it would be derelict of the Town to spend money right now on studies. Ralph Dormitzer, of 111 Atlantic Avenue, addressed the Board and reviewed his reasons for supporting the project. Mr.Joe Hart of 99 Atlantic Avenue suggested maintenance to the existing pipe and perhaps construction of a break water to protect it. Selectmen—3.22.10-JBO 3 Minutes—Board of Selectmen March 22,2010 Chairman Carlson then moved the topic for discussion amongst the Board. Selectman Carr stated that he liked the idea of a study. Selectman Koed stated that they have to deal with the fiscal reality that they will not get anything through Town Meeting. He feels the outfall pipe should be extended and that further research should be done on that route. He does not feel that option has been exhausted. Chairman Carlson asked if Selectman Koed would be opposed to having a study to see if the Army Corp options would help or hurt the harbor. Selectman Koed stated that it is his political reading that they would not be able to get the funds for the study through Town Meeting. Selectman Quigley stated that she felt immediate impact would be felt if they focused on the storage volume of the marsh and removed phragmities. She does not feel all of the options have been looked at and that the focus should be on alleviating flooding. She stated that the money from the Army Corp is tied to Salt Marsh Restoration and that project may or may not alleviate the flooding. She feels this is distracting everyone from the real issue of flooding. In regard to the Board's previous vote, Selectman Quigley apologized to Mrs. Houghton that the 2-2 vote the Board took on January 26, 2009 was not forwarded to the Army Corp. After a brief discussion, Chairman Carlson stated that it seems the response to the Army Corp is that the Board is still deadlocked. He added that perhaps they could wait for the new member of the Board to get up to speed and see where they stand in a few weeks, but the Army Corp has given the Board a deadline of April 15tn There was then further discussion from other residents. Raina Elfner, of 31 Atlantic Avenue, asked questions about the Flood Control Master Plan. Mr. Robert Willms of 123 Atlantic Avenue asked why the Board would be seeking a third opinion about the outfall pipe when they already have two engineering opinions stating that is not the way to go. Mr. Evans of 36 Sohier Street stated that the Army Corp of Engineers is coming under fire in regard to their"expert" engineering. Mr.Amo Houghton of 91 Atlantic Avenue stated that it has been 17 years since Mrs. Houghton has asked for help from the Town. He asked that the Town do something soon. Selectman Carr moved to find a method to get a study to study the effects the Treats Pond project would have on the harbor. Chairman Carlson seconded the motion and the vote was 2-2 (Selectman Koed and Selectman Quigley against). Executive Session—Chairman Carlson moved that the Board go into Executive Session for the purposes of discussing strategy with respect to Collective Bargaining& Non-Union Personnel.The Board will only come out of Executive Session for the purposes of adjourning the meeting. Selectman Koed seconded the motion. Selectman Frederick Koed—Aye Selectman Karen Quigley—Aye Selectman Edwin G. Carr-Aye Chairman Paul Carlson—Aye Meeting adjourned at 10:15PM. Respectfully submitted, Paul Carlson Chairman Selectmen—3.22.10-JBO 4