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HomeMy WebLinkAboutMinutes - BoS - 03/07/2017 Selectmen Minutes March 7, 2017 Selectmen Meeting Town Hall-Selectmen's Office 41 Highland Ave. Cohasset, MA Selectmen Present: Kevin McCarthy, Chairman Paul Schubert Diane Kennedy Jack Keniley Steve Gaumer Others Present: Christopher Senior,Town Manager Jim Lampke, Special Counsel Chairman McCarthy called the meeting to order at 7:00 p.m. Roll Call Vote;Jack Keniley-Present, Diane Kennedy-Present, Kevin McCarthy-Present, Paul Schubert-Present,Steve Gaumer-Present. Pledge-Recited Public Comments-None Vote to Place Position on the Annual Town Election ballot-Town Clerk Carol St. Pierre notified the Board there was a resignation on the Paul Pratt Memorial Library Trustees. She requested a vote of the Board to have the position placed on the Annual Town Election ballot. Motion by Selectman Schubert to have the position of Paul Pratt Memorial Library Trustees placed on the Annual Town Election ballot and declare the vacancy, seconded by Selectman Keniley and the vote was unanimous (5-0). Selectmen Gaumer read aloud a prepared statement regarding his recusal from tonight's hearing. He will file the disclosure with the Town Clerk's office. Update on Atlantica Operations-Manager Michael Wharton was present as well as Attorney John Lawler. The current hours of operation are Friday and Saturday 5-10 p.m. and Sunday 10 a.m.—2:00 p.m. They plan to open all establishments the beginning of April. The Board had a brief discussion on the notification of change in hours that is required when the hours of operation change. Mr. Wharton was not aware that he needed to file information with the Selectmen. He agreed to submit a change of hours to the office right away. The Board advised Mr. Wharton communication with the Selectmen is extremely important. Update on Red Lion Inn Manager-Mr. Wharton advised the Board that Heinrich Lutjens has resigned as manager of the Red Lion Inn. The assistant manager is currently handling Mr. Lutjens duties along with Mr. Wharton. They will have Mr. Wharton manage the Red Lion Inn, Robert Houle will manage Atlantica and they are still looking for a suitable manager for the Cohasset Harbor Inn. Continued Hearing-Entertainment License Hearing on complaints regarding noise and disturbances, Cohasset Harbor Group, LLC, d/b/a Cohasset Harbor Inn, 124 Elm Street, Cohasset-Chairman McCarthy re-opened the hearing and gave an overview of where they left off at the last meeting. Chairman McCarthy explained the rules of the hearing. Attorney for CHI John Lawler read aloud a prepared statement and asked for Selectman Gaumer to recuse himself from the hearing. He submitted the statement and motion as an exhibit. Attorney Lampke stated he received an opinion from the Ethics Commission and believes it is a motion without merit. Chairman McCarthy agreed the motion is without 1 Selectmen Minutes March 7, 2017 merit. Motion by Selectman Schubert to deny the motion by Attorney Lawler for Selectman Gaumer to recuse himself from the hearing,seconded by Selectmen Keniley and the vote was unanimous(5-0). Attorney Lampke introduced the minutes from 4/11/16,4/20/16 and 5/9/16 and requested they be submitted for the record. Attorney Lampke called Officer John St. Ives as a witness. Officer St. Ives was sworn in by Chris Senior. Officer St. Ives introduced himself and stated he has been a police officer with the Town of Cohasset for 8 years and has been a police officer for 17 years. He answered questions about a call on 9/17/16 at approximately 8:30 p.m. that he was dispatched to the Cohasset Harbor Inn. Attorney Lawler cross examined Officer St. Ives. Attorney Lampke called Officer Mark Jenkins as a witness. Officer Jenkins was sworn in by Mr. Senior. Officer Jenkins introduced himself and stated he has been a police officer for 1 year. Attorney Lampke asked questions about a call Officer Jenkins was dispatched to on 9/25/16 at approximately 7:00 p.m. at the Cohasset Harbor Inn. Attorney Lawler cross examined Officer Jenkins. Attorney Lampke called Officer Arron Bates as a witness. Officer Bates was sworn in by Mr. Senior. Office Bates introduced himself and stated he has been a police officer for one year and five months. Attorney Lampke asked questions about the call Officer Bates was dispatched to on 9/25/16 at approximately 8:00 p.m. and two additional calls that evening to the Cohasset Harbor Inn. Attorney Lawler cross examined Officer Bates. Attorney Lampke submitted CAD details as an exhibit. Attorney Lampke stated this concludes the Town's evidence. Chairman McCarthy called for a recess at 9:05 p.m. Chairman McCarthy called the meeting back to order at 9:14 p.m. Attorney Lawler called Kacee Bongarzoni as a witness. Ms. Bongarzoni was sworn in by Mr.Senior. Ms. Bongarzoni introduced herself as the wedding and events coordinator. She has been employed since 8/15/16. She also has prior experience. He asked her about her duties, employees that work with her and the event that took place at the Cohasset Harbor Inn on 9/25/16. They discussed details from the event. Attorney Lampke cross examined Ms. Bongarzoni. Attorney Lawler wanted to discuss a scheduled after party at the American Legion Post. Attorney Lampke objected. Attorney Lawler stated if there is an adverse decision tonight he will appeal to the Superior Court. The Board asked questions of the witness. Attorney Lawler called back Officer Bates. He asked Officer Bates about the last time he was called back for noise in the area of the American Legion. Attorney Lampke objected and stated that call is not relevant to this case. Attorney Lawler asked Officer Bates to confirm the report he wrote for the night of 9/25/16. Officer Bates confirmed. Attorney Lawler called Town Manager Chris Senior as a witness. Attorney Lampke objected and stated Mr. Senior has no knowledge of the incidents. Attorney Lawler submitted two emails from Anil Popat (former manager) to Mr. Senior for the record. Attorney Lawler made his closing arguments. He stated the doors can be open until 8 p.m. He asked what no amplified music on patio even means. He stated that testimony tonight from the police officer proved there was no incident on 9/17/16. The noise from the photo booth is not amplified noise. Residents in the area moved into the area knowing it is a commercial area and it is busy and brings a lot of revenue to the Town of Cohasset. 2 Selectmen Minutes March 7, 2017 Attorney Lampke made his closing arguments. He stated much that has been made tonight is not pertinent. There was a series of noise complaints and response to the complaints show that there is a fundamental problem. The evidence shows there was noise violations in the videos. He is not suggesting they suspend or revoke the license. He would recommend remedial steps and changes to the license. Non amplified music should be the only music allowed. There is no logical reason why they cannot have non amplified music. Chairman McCarthy closed evidentiary portion of the hearing at 10:39 p.m. Attorney Lampke discussed the Board's options. The Board had a brief discussion. Motion by Selectman Schubert that the incident on 9/17/16 at 8:26 p.m. CAD No. 16046590 did occur, seconded by Selectman Keniley and the vote was unanimous (5-0). Motion by Selectman Schubert that the incident on 9/25/16 at 7:09 p.m. CAD No. 16048028 did occur, seconded by Selectman Keniley and the vote was unanimous (5-0). Motion by Selectman Schubert that the incident on 9/25/16 at 8:08 p.m. CAD No. 16048036 did occur, seconded by Selectman Keniley and the vote was unanimous (5-0). Motion by Selectman Schubert that the incident on 9/25/16 at 9:04 p.m. CAD No. 16048041 did occur, seconded by Selectman Keniley and the vote was unanimous (5-0). Motion by Selectman Kennedy that they do not find a violation of the entertainment license for the incident that occurred on 9/17/16 at 8:26 p.m. CAD No. 16046590, seconded by Selectman Keniley. Roll Call Vote;Jack Keniley-Aye, Diane Kennedy-Aye, Kevin McCarthy-Aye, Paul Schubert-Aye,Steve Gaumer-Aye. Motion passed. No violation. Motion by Selectman Schubert that there was a violation of the entertainment license for the incident that occurred on 9/25/16 at 7:09 p.m. CAD No. 16048028, seconded by Selectman Gaumer. Roll Call Vote; Steve Gaumer-Aye, Paul Schubert-Aye, Kevin McCarthy-Nay, Diane Kennedy-Nay,Jack Keniley- Nay. Motion failed. No violation. Motion by Selectman Gaumer that there was a violation of the entertainment license for the incident that occurred on 9/25/16 at 8:08 p.m. CAD No. 16048036, seconded by Selectman Schubert. Roll Call Vote; Steve Gaumer-Aye, Paul Schubert-Aye, Kevin McCarthy-Aye, Diane Kennedy-Aye,Jack Keniley- Aye. Motion passed. Violation found. Motion by Selectman Gaumer that there was a violation of the entertainment license for the incident that occurred on 9/25/16 at 9:04 p.m. CAD No. 16048041, seconded by Selectman Keniley. Roll Call Vote; Steve Gaumer-Aye, Paul Schubert-Aye, Kevin McCarthy-Nay, Diane Kennedy-Nay,Jack Keniley- Aye. Motion passed. Violation found. At the suggestion of Attorney Lampke the Board agreed to hold off on the disposition until both parties come to an agreement on the license conditions. The board discussed continued the hearing. Motion by Selectman Gaumer to continue the hearing until 4/12/17 at 7 p.m.,seconded by Selectman Kennedy and the vote was unanimous (5-0). 3 Selectmen Minutes March 7, 2017 Motion by Selectman Schubert to extend the entertainment license for the Cohasset Harbor Group, LLC d/b/a Cohasset Harbor Inn, 124 Elm Street until 4/12/17, seconded by Selectman Keniley and the vote was unanimous(5-0). Minutes-2/28/17-Motion by Selectman Schubert to approve the minutes of 2/28/17, seconded by Selectman Gaumer and the vote was unanimous(5-0). Motion by Selectman Gaumer to adjourn,seconded by Selectman Gaumer and the vote was unanimous (5-0). The meeting adjourned at 12:00 a.m. Respectfully submitted, Kevin McCarthy, Chairman 4