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HomeMy WebLinkAboutMinutes - BoS - 11/10/2015 Minutes-Board of Selectmen November 10, 2015 Selectmen's Office-Town Hall 41 Highland Avenue Cohasset, MA Selectmen Present: Steve Gaumer, Chairman Kevin McCarthy,Vice Chairman Diane Kennedy Paul Schubert Others Present: Christopher Senior,Town Manager Chairman Gaumer called the meeting to order at 7:04 p.m. Pledge-Recited Public Comment Paul Kierce-39 Old Coach Road stated today is the Marine Corps 240th Birthday and wished a Happy Birthday to all Marines. Licenses/Permits Holiday of Lights-Jenn Mekler-492 Beechwood Street and Sean Cunning-48 Jerusalem Road Drive were present to discuss the event. They have submitted a new application with changes. They have met with all departments. The event is on Saturday, December 12th from 4-7:30 p.m. Motion by Selectman Schubert to approve the Holiday of Lights event for 12/12/15 with the understanding that the town will give financial support for lighting the tree on the Common to the extent that they have in the prior year, seconded by Selectman McCarthy and the vote was unanimous(4-0). Cohasset Triathlon Bill Burnett-11 Linden Drive and Christian Cunnie-72 Ripley Road were present to discuss the event. The event is scheduled for Sunday,June 26, 2016. The estimated number of participants is 1200. The additional 200 participants will not impact road openings and closings. Chairman Gaumer asked Mr. Burnett to refrain from donating to the Cohasset Transfer Station as they are not a 501c. Mr. Burnett agreed. Chief Silvia was present and stated the increased number of participants should not be a problem however,they have an after action meeting to discuss any issues. Chief Silvia will forward the report from the meeting to the Board. Motion by Selectman Kennedy to approve the Cohasset Triathlon for Sunday,June 26,2016 as presented contingent upon BOH approval, seconded by Selectman McCarthy and the vote was unanimous(4-0). Cohasset Junior Triathlon Mr. Burnett and Mr. Cunnie discussed the event which is in its' 3rd year. They don't not have any changes to the event. The event is scheduled for Saturday,July 9, 2016. Mr. Burnett agreed to send notices out to area residents to advise them of the road closure. Motion by Selectman McCarthy to approve the Cohasset Junior Triathlon,seconded by Selectman Schubert and the vote was unanimous (4-0). Selectmen Update Selectman McCarthy reminded residents tomorrow is Veterans Day and there will be an event at the Harbor War Memorial at 11 a.m. The event will be moved to the second floor of the American Legion if the weather is bad. There is a Fiscal Forecasting Forum on Thursday 11/12 at 7 p.m. The meeting is open to the public. Selectman Kennedy stated the Safe Harbor Coalition is hosting an event on 11/19 at 91 Sohier Street discussing Opioid issues. Selectman Schubert stated the Cohasset High Football Team lost their playoff game but had a great season. Chairman Gaumer updated the Board that the Red Lion Inn manager submitted a resignation letter, but rescinded it the following day. They have also sent information for a new assistant manager. Chairman Gaumer suggested the Board invite in the Red Lion Inn in to discuss the process of changing managers. The Board agreed. 1 Selectmen-11/10/15 Minutes-Board of Selectmen November 10, 2015 Town Manager Update Mr. Senior advised the Board the dredging is ongoing. They had to pull the equipment out today due to bad weather. He went out with the Harbormaster and Army Corps on the boat to see the progress. Appointment of Special Counsel-Mr. Senior advised the Board he needs their approval to hire outside counsel for two cases in which town counsel has conflicts with. He would like to retain Jim Lampke for a case involving enforcement proceedings for 70 Whitehead Road. Motion by Selectman Kennedy to appoint Jim Lampke for enforcement actions on 70 Whitehead Road and authorize the Town Manager to sign retainer, seconded by Selectman Schubert and the vote was unanimous(4-0). Mr. Senior advised the Board he would like to retain Joel Bard and Brian Winner from Kopelman & Paige for a Conservation Commission procedural matter involving 1 James Island Way. Motion by Selectman Kennedy to appoint Joel Bard and Brian Winner of Kopelman & Paige for special counsel and authorized the Town Manager to sign retainer in the matter of Steinmetz v.TOC,seconded by Selectman McCarthy and the vote was unanimous(4-0). Chairman Gaumer asked for a regular updated on the budget of counsel from Mr. Senior. Possible Liquor License Violation-Chairman Gaumer recused himself from the discussion and vote. Mr. Senior read to the Board 2 alleged violations by the Red Lion Inn which occurred on 10/4/15. He recommended that Board hold a public hearing. Motion by Selectman Schubert to hold a public hearing on the alleged violations, seconded by Selectman Kennedy and the vote was 3-0. Chairman Gaumer abstained from the vote. Selectman Kennedy asked that the Board carefully organized the hearing and follow the rules and that the Board know their options ahead time. Mr. Senior advised the Board to read the regulations. Mr. Senior advised the Board he will invite new staff members to the next meeting. He will reschedule Cohasset Connects. The gas main replacement project is ongoing. There are no issues project is going smoothly. He has also invited in the SSRECC on December 8th for an update. Mr. Senior thanked everyone that attended Special Town Meeting. CCTV Budget Treasurer of CCTV-Paul Carlson-82 Wheelright Farm, Program Director-Don Roine and Member Merle Brown were present to discuss the CCTV 2016 Budget. Mr. Carlson gave an overview of the balance sheet and budget profit and loss. Mr. Roine spoke about the status of their equipment and needs for the future. Mr. Carlson asked the Board to waive the audit and approve a review again this year. Chairman Gaumer suggested the Board discuss at a future time how often they would like a complete audit done. Motion by Selectman Kennedy to approve the CCTV 2016 Budget with the change of the line item for audit and replace with a review,seconded by Selectman McCarthy and the vote was unanimous(4-0). Discussion of 91 Sohier Street purchase with Social Service League SSL Attorney Joel Carpenter and SSL President Marita Carpenter were present to discuss purchase. Mr. Senior stated there was a very productive conversation with the Attorney General yesterday. A lot of people have put a lot of work and hours into moving this deal along. There is a change in how the restriction is formatted because there are charitable funds involved. They currently have an agreement that will work. Chairman Gaumer added that the Board of Selectmen has been diligent in keeping within the guidelines of Article#16 that was approved by Town Meeting. The Supreme Judicial Court makes the final decision. Attorney Carpenter stated the only issue the SSL has is with the amount of time they can occupy the building. They understand it is not appropriate to ask for occupancy forever however, they feel 15 years instead of 10 years is fair. If the Board can agree to 15 years instead of 10 years that deal can be done. They feel after all their charitable contributions 15 years is not too much to ask. Selectman McCarthy stated that he does not think 15 years is an unreasonable request. Motion by Selectman McCarthy to allow the Town Manager to extend the SSL occupancy to 15 years, seconded by Selectman Kennedy. Selectman Schubert stated 10 years is a long time and appropriate 2 Selectmen-11/10/15 Minutes-Board of Selectmen November 10, 2015 but he would like to close this deal. Selectman Kennedy stated she was unsure that the Board has the authority to extend a least beyond 10 years without Town Meeting approval. Chairman Gaumer reminded the Board of the details of Article#16 which Town Meeting approved. Selectman McCarthy rescinded his motion. Motion by Selectman McCarthy to advise the Town Manager the Board is agreeable to the 10 year lease as presented in the purchase and sales agreement, seconded Selectman Kennedy. Roll Call Vote; Paul Schubert-Aye, Diane Kennedy-Aye, Steve Gaumer-Aye, Kevin McCarthy- Aye. Motion by Selectman McCarthy to direct the Town Manager to extend the 10 year lease in the purchase and sales agreement for an additional 5 years under the exact same terms as long as it is legally allowed for the Board to grant if not direct the Town Manager to take to Town Meeting, seconded by Selectman Schubert. Paul Schubert-Aye, Diane Kennedy-Aye, Steve Gaumer-Aye, Kevin McCarthy-Aye. Motion by Selectman McCarthy to approve the purchase and sales agreement, as amended, with the Social Service League for 91 Sohier Street, seconded by Selectman Schubert. Roll Call Vote; Paul Schubert-Aye, Diane Kennedy-Aye, Steve Gaumer-Aye, Kevin McCarthy-Aye. Events Policy-Discuss status of current moratorium, next steps Motion by Selectman Schubert to defer the events policy discussion, seconded by Selectman Kennedy and the vote was unanimous (4-0). Chairman Gaumer asked for a motion to go into executive session for Exemption#3-to discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the litigating position of the Town, and the Chair did declare. The Board will discuss open litigation including Coughlin v.TOC and Steinmetz v.TOC. The Board will reconvene in open session for the purpose of adjournment only. Selectman Schubert moved the motion, seconded by Selectman Kennedy. Roll Call Vote; Kevin McCarthy-Aye, Steve Gaumer-Aye, Diane Kennedy-Aye, Paul Schubert-Aye. The Board went into executive session at 9:10 p.m. The Board came out of executive session at 10:10 p.m. Motion by Selectman Schubert to adjourn, seconded by Selectman Kennedy and the vote was unanimous (4-0). Meeting adjourned at 10:12 p.m. Respectfully submitted, Steve Gaumer, Chairman Documents Event Application-Holiday of Lights Event Application-Cohasset Triathlon Event Application-Cohasset Junior Triathlon Sarro Inc., Manager Letter Atty. Jim Lampke-Retainer Atty. Joel Bard-Retainer CCTV Budget Info 91 Sohier St.-Purchase &Sale Agreement 3 Selectmen-11/10/15 Minutes-Board of Selectmen November 10, 2015 4 Selectmen-11/10/15