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Hull Board of Selectmen
Minutes
November 18, 2003
The meeting of the Hull Board of Selectmen was called to order at 7:38 pm on Tuesday evening, November 18, 2003 at the Hull Municipal Building, 253 Atlantic Avenue, Hull, Massachusetts.
Present: John Reilly, Chairman; Leonard Hersch, Vice Chairman; Christopher Olivieri, Clerk; Thomas Burns, and Gerard McLaughlin, Members. Also present were: Christopher McCabe, Town Manager and James Lampke, Town Counsel.
The Chairman opened the meeting with moment of silence for Ernesto Caparrotta, well-known owner of a local barbershop for several decades, who died this past week; and for Jacob Diemert, Esq. Who was serving as Special Counsel concerning a possible desalinization plant, and who died suddenly in an accident.
7:30 pm Sergeant Richard Billings - re: Interim Chief's Appointment
The appointment was canceled and is to be rescheduled. Hersch requested a moment of personal privilege and said that the reasons for not appointing Captain DiMarzio were delivered to Civil Service and that the law indicates that DiMarzio does not have to be more qualified but just qualified.
MOVED-Hersch: That the Board reconsider the vote of November 3rd and rescind the action voting for Sergeant Billings and to vote for Captain DiMarzio thereby not violating the rule of law.
NO SECOND
MINUTES
MOVED-Hersch: To accept the regular minutes of May 13, September 9, and September 16, and Executive Session minutes of October 7, all in 2003 as presented.
SECOND-Burns
VOTE: Unanimous in Favor
7:30 pm Beach Management Committee - re: Seawall Repair and Maintenance
Jerry Nirenberg of the Beach Management Committee and Susan Brander and Robert Gilman, residents of Summit Avenue, discussed the need of seawall repairs and maintenance. They expressed concerns in regard to the poor condition of the seawall at Summit Avenue causing flooding of the embankment. Gilman said that a study was done a long time ago prioritizing the seawalls in poor condition and that the Summit Avenue wall was third on the list. He added that nothing has been done since. Gilman was concerned that there is no department in charge and therefore no one to call.
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Selectmen Minutes, 11/18/03
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Reilly commented that he is aware of and has read the study. He said that the Board has requested the Town Manager to formulate a new capital plan that will include seawalls. He added that that shoreline work is subject to a litany of rules and regulations that can take a long time, causing serious delays.
Nirenberg announced to the Board that the Committee has been working on a new beach management plan, which will be completed soon.
McCabe told the parties that there is a need for federal/state assistance as the cost of the work is well beyond the Town's means and that the ten-year old study is in need of updating. He said we would need to lobby for assistance.
7:45 pm Jeanne Bavarella - re: Applicant Alternative Member of Hull Historic District Commission and Christopher Gumbrecht - re: Applicant for Alternate Member of Hull Historic District Commission
Following the two interviews motions were made:
MOVED-Olivieri: To appoint Jeanne Bavarella as an alternate memberof the Hull Historic District Commission
SECOND-Burns
VOTE: Unanimous in Favor
MOVED-Olivieri: To appoint Christopher Gumbrecht as an alternate member of the Hull Historic District Commission
SECOND-McLaughlin
VOTE: Unanimous in Favor
Reilly told the new appointees that the Historic Committee tends to stray from the original concept and asked the new Members to keep that in mind and not get away from that original concept.
8:00pm Tom Carmody-re:Applicant for Nantasket Beach Reservation Study Committee and 8:15pm Joseph Mosca Applicant for Nantasket Beach Reservation Study Committee
Following an interview of Tom Carmody a motion was made:
MOVED-Olivieri: To appoint Tom Carmody to the Nantasket Beach Reservation Study Committee
SECOND-McLaughlin
VOTE: Unanimous in favor
Joseph Mosca wrote a letter to the Board requesting that his name be withdrawn at this time.
Selectmen Minutes, 11/18/03
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8:15 pm Larry Kellem re: Medical Center and Hull Holiday Showcase
Larry Kellem, Attorney, and Trustee of the Hull Medical Center, asked the Board to act on acquiring ownership of the Hull Medical Center as approved at the 2003 Annual Town Meeting. He suggested forming a sub-committee to review the conditions stating that it is time to move along.
MOVED-Olivieri: To form a sub-committee consisting of a Member each from the Board of Selectmen, Board of Health, Finance Committee, and to include Town Manager and Town Counsel.
SECOND-McLaughlin
VOTE: Unanimous in Favor
MOVED-Burns: To appoint Hersch as the Selectmen's Member
SECOND-Olivieri
VOTE: Unanimous in Favor
Kellem spoke about the plans of the Chamber of Commerce for decorating Hull for the holidays, and a Holiday Showcase to be held at the Clarion Hotel. He mentioned that Hull once had an Enjoy Hull Committee that had been very successful.
MOVED-Olivieri: To re-establish the Enjoy Hull Committee
SECOND-McLaughlin
VOTE: Unanimous in Favor
8:30 pm Dry Dock - re: Show Cause Hearing
Reilly opened the Show Cause Public Hearing at 8:40 pm and swore in the witnesses before turning the hearing over to Town Counsel.
Lampke said that as part of the procedure, the Licensee has met with the Chief of Police on the series of violations charged and that they have reached a proposed agreement of the penalty. He said that the Board of Selectmen, acting as the Licensing Authority, may accept or reject the agreement of a ten-day closing, which the licensee was asking to be scheduled in February, 2004.
MOVED-Hersch: To accept the Chief's recommendation as agreed to by the parties for the establishment to close beginning on February 23, 2004
NO SECOND
Police Chief Donald Brooker read the charges, one of which was the sale of drugs by an employee.
Selectmen Minutes, 11-18-03
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David Kellem, Attorney representing Edward McMenimon, Manager, said he wanted it noted that neither his client nor his client's brother, James, knew of the drug sales and that they were not charged with that.
McLaughlin asked for some history of the establishment's violations. The Chief read the report and summarized the violations. He said this was the only case of illegal drug sales, he said.
Hersch stated that the penalty should not be in 2004 but in the same year as the active license.
MOVED-Hersch: To accept the agreement for a ten-day suspension from December 1 through December 10, 2003
SECOND-McLaughlin
VOTE: Unanimous in favor
Hearing closed at 8:55 pm.
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A request from Police Chief Brooker for approval to add additional names to the Certified Civil Service list to be returned to Civil Service was reviewed.
MOVED-McLaughlin: To approve the updated Civil Service list
SECOND-Olivieri
VPTE: Unanimous in favor
The Board recessed at 9:10pm and returned at 9:25pm.
9:00 pm - Special Town Meeting Warrant
Article 2-Petition submitted by James O'Brien, et al
David Kellem, Attorney for the O'Briens, told the Board the Article is seeking to have the Town sell the property to the O'Briens, or another related entity, including only 16,000 sq ft of land they now lease. He said the part B of the article is the pricing structure at fair market value plus $50,000 as a premium for the purchase. Kellem said that the price is to be determined by appraisal and a meeting to negotiate. The article also sets forth an arbitration structure so that two appraisers will hire a third and the price will be the average of the three appraisals plus the $50,000 premium.
In response to a question on the legality of the Article from Reilly, Lampke responded that the Article is legal in that it is a citizen
Selectmen Minutes, 11/18/03
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He spoke of the separation of powers as being that Town Meeting is the Legislature and the Board of Selectmen are the executive. He cited as an example that although Town Meeting cannot force the Selectmen to sell, the Selectmen cannot sell without authorization from Town Meeting.
Members expressed concern over the appraised value as being too low for waterfront land; that there are no comparables; and that an RFP has been prepared and is soon to be issued.
Reilly gave a brief history of the negotiations with the O'Briens. He said he favors a long-term lease rather than selling and asked Kellem if his clients are totally opposed to negotiate a long-term lease.
Kellem responded that he actually had a proposal prepared which he presented in a document entitled “Jake's Proposal-Key Terms (see file). The ten terms included in part an opportunity for the Town to renegotiate the lease payment for an increase after ten years (no decrease).
Reilly asked if they would come to the next meeting on November 25th to see if an agreement could be reached.
TOWN MANAGER
McCabe notified the Board that he is not asking it to affirm the appointment of a Conservation Administrator but intends to extend her service as an at will employee and not revisit the issue until next June. He said there were 12 applicants. He interviewed four, but decided to continue the status quo.
Reilly told McCabe that not presenting the name to the Board of Selectmen for reappointment is circumventing Ch 8. He added that it could not go on indefinitely, and asked McCabe to keep it in mind. He also said that this Board intends to protect its rights under Ch 8.
McCabe postponed until the next meeting the bid amounts on the sale of 34 Spring Valley Road, tax title property.
9:15 pm Special Town Meeting
Article 1 - Petition of Dennis Blackall, et al
Discussion was held on Article 1 that seeks to raise and appropriate money for the installation of synthetics turf at the high school. Members expressed their serious concerns in regard to the present financial situation and how the monies could be raised. It was suggested that the motion be amended to make it contingent upon a subsequent debt exclusion override.
Selectmen Minutes, 11-18-03
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Jim Tobin of the Advisory Board told the Selectmen that the Advisory Board had voted to recommend unfavorable action.
CORRESPONDENCE
Unanimously approved the request of HYFA to sell Christmas Trees at Nantasket Pier on the “Henderson” lot on a motion by Olivieri, seconded by Hersch.
McCabe informed the Board that the drainage problem complaint from V. Flynn of 321 Beach Avenue has been temporarily addressed and is 6th on the list of Beach Avenue priorities.
Accepted with regret the resignation of Paula Whalen as a member of the Hull Cultural Council.
The Board Requested a Certificate of Appreciation be awarded to Mary E. Goodman who has served as a Registrar of Voters since 1948. Her resignation was accepted with regret.
LICENSE RENEWALS
Unanimously approved an all alcoholic general on premises, and entertainment license renewals to McDevitt Enterprises, Inc, dba Jo's Nautical Bar, Stephanie Aprea, Mgr., 125 Main Street on a motion by Hersch, seconded by McLaughlin.
Unanimously approved an all alcoholic package store license renewal to VVG, Inc dba West Corner Liquors, Rosina Gratta, Mgr., 18 Nantasket Avenue on a motion by Olivieri, seconded by Hersch.
Unanimously approved a common victualer and all alcoholic restaurant license renewal to Roy D. Booth, Inc. dba Saporito's Florence Club, Andrew Boothroyd, Mgr. 11 Rockland Circle on a motion by Hersch, seconded by Olivieri.
Unanimously approved a wine and malt package store license renewal to Thornton's Market, Inc. dba Riddle's Supermarket, Raymond W. Riddle, Mgr. 505 Nantasket Avenue on a motion by Olivieri, seconded by McLaughlin.
Unanimously approved a common victualer, all alcoholic restaurant, entertainment and video games license renewals to the Red Parrot, Inc. dba The Red Parrot, Beatrice Brooke-D'Angelo, Mgr., 1 Hull Shore Drive on a motion by Olivieri, seconded by McLaughlin.
Unanimously approved a one-day approval to serve wine on Saturday, December 6, 2003 from 12noon to 8:00 pm to the Hull Lifesaving Museum for an annual benefit at the museum property (which is leased from the Town) on a motion by Hersch, seconded by McLaughlin.
Selectmen Minutes, 11/18/03
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Referred to Police Department a letter from Amy Meschino in regard to a perceived traffic safety complaint on Harborview Road.
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The Chairman commented that this meeting is the last meeting of Donald Brooker, the Chief of Police, (who was present) and is retiring on November 30th after many years of service. He said that on behalf of the Board and all of its Members that they have valued his interest and input in helping this Board do its job.
MOVED-Hersch: To close Town Hall on the Wednesday prior to Thanksgiving at 1:00 pm.
SECOND-Olivieri
VOTE: Unanimous in Favor
MOVED-McLaughlin: To go into executive session to discuss strategy in litigation and disposition of real property and not to reconvene in open session.
SECOND-Burns
ROLL CALL VOTE: Aye, McLaughlin, Aye, Burns; Aye, Reilly; Aye, Olivieri; Aye, Hersch.
The Board moved into executive session at 10:47 pm and thereafter adjourned.
JANUARY 20, 2004
APPROVED
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