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HomeMy WebLinkAboutMinutes - BoS - 04/11/2016 Minutes-Board of Selectmen April 11, 2016 Selectmen's Office-Town Hall 41 Highland Avenue Cohasset, MA Selectmen Present: Steve Gaumer, Chairman Kevin McCarthy Diane Kennedy Paul Schubert Others Present: Christopher Senior,Town Manager Special Counsel-Attorney James Lampke Chairman Gaumer called the meeting to order at 7:04 p.m. Pledge-Recited Public Comment-Ralph Dormitzer-111 Atlantic Avenue asked the Board to hold off on voting on Article #20-Acquisition of Property for Cunningham Bridge Project as there are residents concerned with the esthetics. Introduction-Conservation Commission Agent-Jeff Summers was present and gave an overview of his background. He is happy to be here in Cohasset. Mr. Senior added the Town is excited to have Jeff join the Town. Healing Field-Veteran's Agent Vinnie Fountaine was present seeking approval for this year's Memorial Day Activities including the Healing Field. They are honoring Tommy Wigmore a plaque at 1 p.m. Selectman Kennedy told a story about a friend who is a pilot that passed way today at the age of 44 and how important Memorial Day is. Farmers Market-Annual and Spring Market—Michele Hubley advised the Board they are requesting the Annual Farmers Market from June 6-September 29t". They are also requesting to try out a one day spring indoor market on Saturday, May 215Y from 9 a.m. to 1 p.m. in the Town Hall Auditorium. She said the indoor one day event will be small with approximately 20 vendors. They would like to see how it is received. Motion by Selectman Kennedy to approve the one day farmer's market for May 21'Y from 9 a.m.to 1 p.m.,seconded by Selectman Schubert and the vote was unanimous(4-0). Motion by Selectman Kennedy to approve the annual farmers market from June 9 through September 29, seconded by Selectman Schubert and the vote was unanimous (4-0). Pre Prom-Red Carpet Event-Barbara O'Neill from the Senior Class Boosters advised the Board the Annual Pre Prom event is being held on Thursday, May 26 this year. They will not start to gather at town hall until 5:15 p.m. when town hall is closed. Motion by Selectman Schubert to approve the Pre Prom Red Carpet event on Thursday, May 26th, seconded by Selectman McCarthy and the vote was unanimous (4-0). Cohasset Baseball Opening Day-Peter Vitello-275 Cedar Street was present on behalf of the Cohasset Youth Baseball Softball Association and gave an overview of the annual event. This year they will host opening day on Saturday, April 30t" at 7:30 a.m. Motion by Selectman McCarthy to approve the CYBSA Opening Day Baseball Parade on April 30, 2016, seconded by Selectman Schubert and the vote was unanimous (4-0). Bike MS Cape Cod Getaway-Bill Sykes Promoter Line was present and gave an overview of the 33rd annual event. The event is on June 25t" and 26t". They will be traveling through Cohasset on Saturday, June 25, 2016. The riders will come through Town at 8 a.m. and the last rider will be out of Cohasset by 10 a.m. The rest stop is at Sandy Beach parking lot. Michael Dick-27 Parker Avenue asked what roads will be closed. There are no road closures for the event per Mr. Sykes. Motion by Selectman McCarthy 1 Selectmen-4/11/16-TC Minutes-Board of Selectmen April 11, 2016 to approve the Bike MS Cape Cod Getaway for June 25,2016,seconded by Selectman Kennedy and the vote was unanimous(4-0). One Day Liquor License-Cohasset Maritime Institute-Lisa Hewitt Dick was present on behalf of the CMI. They are having a Spring Fling Fundraiser on April 30, 2016 from 6-11 p.m. at 91 Sohier Street. They have hired a bartending service that is licensed and insured. They expect approximately 75 people. Motion by Selectman McCarthy to approve the one day liquor license for the Cohasset Maritime Institute for April 30, 2016 from 6-11 p.m.,seconded by Selectman Schubert and the vote was unanimous. Liquor License Transfer Hearing—Eclectic Dining Inc.,d/b/a Atlantica Restaurant&Olde Salt House to A&S Restaurants LLC Liquor License Transfer Hearing-Kimball's Management Corp.,d/b/a Cohasset Harbor Inn & Brisa to Cohasset Harbor Group, LLC-Chairman Gaumer read aloud both advertised hearing notices. He introduced Special Counsel for tonight's hearing, Attorney James Lampke. Attorney Bill Ohrenberger& Attorney Jeff DeLisi were present on behalf of A&S Restaurants along with proposed manager Anil Popat, current manager of the Red Lion Inn-Heinrich Lutjens. Attorney Charlie Humphreys was present along with his client Joe Campbell (owner of Atlantica). Atty. Ohrenberger asked that both hearings be consolidated since they are intertwined. The Board agreed to discuss both. Atty. Ohrenberger stated owner Gerd Ordelheide was unable to attend tonight's meeting as he is out of the country for family matters. Atty. Ohrenberger stated they are requesting the liquor license transfers and a pledge of license. The operations of both the inn and restaurants will continue to run with no substantial changes. Mr. Popat has been working with the owner Joe Campbell and they hope to retain most of the current employees. They have a new chef joining the restaurant and he will be head of food operations. The weddings and functions will continue. Mr. Popat gave an overview of his background in the industry. He stated he has a clean record in the alcohol business, has great morals and takes business very seriously. They are proposing to have Mr. Popat run both sites as it has been operated that way successfully for Mr. Campbell for 15 years. The businesses are separate for accounting purposes only, everything else is interactive. Cohasset Police Detective Harrison Schmidt was present and stated they did not find any derogatory information on the background checks on Anil Popat. Attorney Lampke explained what is before the Board. They are requesting transfer of 2 liquor licenses, pledge of those licenses and approval of manager (one for both locations). He clarified that the transfer is subject to closing of property and approval of ABCC. Selectman McCarthy asked if the police have any information on the current owners of the Red Lion Inn. Atty. Ohrenberger stated to be clear the Red Lion Inn is a separate business. Chief Quigley stated when Anil Popat and Heinrich Lutjens are on site things are under control. He would like it if one of them or another professional manager is on site. Mr. Popat stated the new location is his site. Chief Quigley also stated a recent inspection showed the management schedules are not properly posted. Mr. Popat stated he will review and forward the updated information. The Board discussed having a manager at each separate location. Chairman Gaumer spoke of the liquor regulations the Board adopted. Atty. Ohrenberger asked if it is the consensus of the Board to no longer allow the proposed property to operate with one manager for both locations. Selectman Schubert stated his main concern is although the locations are close they are still separate. He has concerns if there is an emergency at one location. He strongly recommends 2 separate managers. Chairman Gaumer added that the Board does have regulations and right now they are not operating correctly under them. Atty. Ohrenberger stated they are looking to be collaborative and will do what is necessary to make this deal work. There are people right now that are unsure of their employment. There are summer jobs that they need to fill as well. Chairman Gaumer agreed that it is an important deal with 3 major businesses in town and they want success as well. The Board discussed continuing the hearing to allow the applicant to come back with information regarding the copy of the pledge and promissory note, two separate managers and to have the owner Mr. Ordelheide 2 Selectmen-4/11/16-TC Minutes-Board of Selectmen April 11, 2016 be present. Atty. Ohrenberger asked if the Board would also take up the entertainment and common victualer licenses at the meeting. The Board agreed. Motion by Selectman Kennedy to continue the liquor license hearings to April 20, 2016 at 7 p.m., seconded by Selectman Schubert and the vote was unanimous (4-0). Update on Dredging Project by the Army Corps-Project Manager Craig Martin and Navigation Manager Ed O'Donnell presented a Power Point presentation on the Cohasset Harbor Dredging project updated and priority shoal removal plan. They discussed what part of the project has been completed,the remaining dredging efforts and the permit process. Mr. Senior asked about the damages that have been done and how the Town will be reimbursed. Mr. O'Donnell stated the Town should contact the bond company for damages. Harbormaster Lorri Gibbons was present and discussed the damages to the moorings. They will have a mooring company come in and drag up what they can and then have a diver locate the rest. Mr. Senior stated he has never seen a project that had to go after a performance bond in his 20 years of projects. Ms. Gibbons stated the moorings will be put back in after the dredging in May is complete and the barge is gone. Attorney Jeff DeLisi was present representing an abutter Mr. McNary and asked if they are planning on putting more materials on Sandy Beach. Mr. Martin stated they are not. Jack Keniley-46 Black Rock Road asked about the moorings and if they would be available by boating season. Ms. Gibbons stated they will be available for people in May and early June. The goal is to be operational through June. Sam Wakeman-255 Atlantic Avenue asked if the contractor was paid because he understands that the sub-contractor has not made payments to other contractors. He asked that the Army Corps provides a copy of the full performance bond for a claim to be filed. Rick Swanborg-48 Nichols Road thanked the Harbormaster for clarifying the availability with the moorings. He also suggested that the Board let the public know that the mess in the harbor is not the fault of the Harbormaster. Residents are blaming her and it wasn't her mess. Chairman Gaumer asked Amanda Thompson of the Mariner to make that point clear in her article. Warrant-Vote on Remaining Articles Motion by Selectman Schubert to recommend Article#5-Creation of a Special Education Stabilization Fund, seconded by Selectman McCarthy and the vote was unanimous (4-0). Motion by Selectman McCarthy to recommend Article#6-Operating Budget,seconded by Selectman Kennedy and the vote was unanimous (4-0). Motion by Selectman Schubert to recommend Article#7-Unpaid Bills from Previous Years,seconded by Selectman Kennedy and the vote was unanimous(4-0). Motion by Selectman Kennedy to recommend Article#8-Supplemental Appropriations for Fiscal 2016, seconded by Selectman Schubert and the vote was unanimous (4-0). Motion by Selectman Schubert to recommend Article#9-Stabilization and other Special Funds with the amendment of$200,000 for General Stabilization Fund, seconded by Selectman Kennedy and the vote was unanimous(4-0). Motion by Selectman Kennedy to recommend Article#12-Funds for Road Repair and Maintenance, seconded by Selectman Schubert and the vote was unanimous(4-0). Motion by Selectman Schubert to recommend Article#13-Funds for Facilities Projects,seconded by Selectman Kennedy and the vote was unanimous (4-0). Motion by Selectman Kennedy to recommend Article#14-Allocation of Funds for One Time Cost, seconded by Selectman Schubert and the vote was unanimous(4-0). Motion by Selectman Schubert to recommend Article#15-Water Department Capital, seconded by Selectman McCarthy and the vote was unanimous(4-0). Motion by Selectman Schubert to recommend Article#18-Community Preservation Committee, seconded by Selectman Kennedy and the vote was unanimous (4-0). Motion by Selectman Schubert to recommend Article#21-Acquisition of Property for Bound Brook Dam Project, seconded by Selectman McCarthy and the vote was unanimous (4-0). 3 Selectmen-4/11/16-TC Minutes-Board of Selectmen April 11, 2016 Motion by Selectman Schubert to not recommend Article#23-Citizens Petition-Filed by Attorney Henderson for Sewer on King Street,seconded by Selectman Kennedy and the vote was unanimous (4-0). Motion by Selectman Schubert to not recommend Article#24-Citizens Petition,seconded by Selectman McCarthy and the vote was 3-1. Chairman Gaumer voted against. Article#20-Acquisition of Property for Cunningham Bridge Project-Director of Public Works Brian Joyce was present. Mr. Senior stated he has reached out to DOT and asked for the Town to have more participation with the esthetics and asked about shortening the closure time. He is waiting on a response from them. Mr. Joyce stated the Board asked him to find out about if the State has the right to take the easements and the answer is they do not. It is a Town owned road. He is currently working with DOT to schedule another public meeting. The DOT has responded that keeping one lane open would add quite a bit of complexity and cost to the project because of the site conditions. After a lengthy discussion about the project, Chairman Gaumer suggested the conversation should continue. Mr. Senior and Mr.Joyce will have more information for the meeting on 4/26/16. Motion by Chairman Gaumer to adopt and sign the warrant to be used at Annual Town Meeting on May 2, 2016, seconded by Selectman Schubert and the vote was unanimous (4-0). Selectmen Update-Selectman Kennedy reminded residents that tomorrow is the Primary Election for State Senator. She asked for a moment of silence for Glenn Pratt's father Edwin Pratt who recently passed away. Selectman Schubert attended the Cohasset Education Foundation's event last weekend and it was a great, well attended event. Town Manager's Update-Mr. Senior also attended the Cohasset Education Foundation's event which was very successful. Mr. Senior asked the Board if they were available to join him in a Pre-Town Meeting on April 28t" at 91 Sohier Street to have the public review the warrant for Annual Town Meeting. Minutes Motion by Selectman Schubert to approve the minutes of 3/29/16, seconded by Selectman McCarthy and the vote was unanimous (4-0). Motion by Selectman Kennedy to adjourn, seconded by Selectman McCarthy and the vote was unanimous (4-0). The meeting adjourned at 10:58 p.m. Respectfully submitted, Steve Gaumer, Chairman Documents Jeff Summers Resume Event Application-Memorial Day & Healing Field Event Application-Farmer's Market Event Application-Pre Prom Event Event Application—CYBS Parade Event Application-Bike MS Cape Cod Getaway One Day Application-CMI Spring Fling Liquor License Hearings Minutes 3/29/16 Draft Warrant 4 Selectmen-4/11/16-TC