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HomeMy WebLinkAboutMinutes - BoS - 06/11/2019 Selectmen Minutes June 11, 2019 TaSelectmen's Meeting Town Hall-Selectmen Office 41 Highland Avenue Cohasset, MA Selectmen Present: Diane Kennedy Kevin McCarthy Paul Schubert Keri Thompson Jack Creighton Others Present: Christopher Senior,Town Manager Attorney James Lampke Chairman McCarthy called the meeting order at 6:12 p.m. He stated Chairman Kennedy will be participating remotely in accordance with 940 CMR 29.10 (5) for geographical distance. All votes will be a roll call vote. Chairman McCarthy confirmed with Selectman Kennedy that no one in present or able to hear the discussion. Chairman McCarthy asked for a Motion to go into Executive Session for Exemption#3 to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the Chair so declares. The Board will discuss a school matter. The motion was moved by Selectman Schubert and seconded by Selectman Thompson. Roll Call Vote; Paul Schubert-Aye, Keri Thompson-Aye, Kevin McCarthy-Aye,Jack Creighton-Aye, Diane Kennedy-Aye. The Board entered Executive Session at 6:13 p.m. The Board came out of Executive Session at 7:36 p.m. Pledge-Recited. Public Comment-None. Postage Machine-Extension of Contract-Vote-Mr. Senior stated they are asking for the Board to approve the postage machine contracts extension from 3 years to 4 years to save money. Motion by Selectman Thompson to approve the extension of contract for the Postage Machines, seconded by Selectman Creighton. Roll Call Vote; Diane Kennedy-Aye, Jack Creighton-Aye, Keri Thompson-Aye, Kevin McCarthy-Aye, Paul Schubert-Aye. License/Events/Permits-Bill Burnett of 20 Mohawk Way reviewed the Cohasset Triathlon route and details.The event is on June 23, 2019 and they are expecting 1000 athletes. The plan is the same as it has been. He has meet with both the Fire Chief and Police Chief. They are still seeking volunteers. Anyone interested can sign up on the website. He thanked the Sandy Beach Association for supporting their event. Motion by Selectman Schubert to approve the Cohasset Triathlon on June 23, 2019 as presented, seconded by Selectman Thompson. Roll Call Vote; Diane Kennedy-Aye, Jack Creighton-Aye, Keri Thompson-Aye, Kevin McCarthy-Aye, Paul Schubert-Aye. 1 Selectmen Minutes June 11, 2019 One Day Liquor License-Historical Society-Susan Putziger& Lynne DeGiacomo were present on behalf of the Historical Society. This is their Annual Fundraiser from 4-7 p.m. They are expecting 100 people. They asked if the Board would waive the application fee. Motion by Selectman Creighton to waive the $50 application fee for the one-day liquor license for the Historical Society, seconded by Selectman Thompson. Roll Coll Vote; Diane Kennedy-Aye, Jack Creighton-Aye, Keri Thompson-Aye, Kevin McCarthy-Aye, Paul Schubert-Aye. Motion by Selectman Thompson to approve the one-day liquor license for the Historical Society Fundraiser on 9/14/19 from 4-7 p.m.,seconded by Selectman Schubert. Roll Call Vote; Diane Kennedy-Aye,Jack Creighton-Aye, Keri Thompson-Aye, Kevin McCarthy-Aye, Paul Schubert-Aye. Common Victualer License-Anchor and Sail-Motion by Selectman Schubert to approve a common victualer license for Anchor & Sail for the remainder of the year, seconded by Selectman Thompson. Roll Call Vote; Diane Kennedy-Aye,Jack Creighton-Aye, Keri Thompson-Aye, Kevin McCarthy-Aye, Paul Schubert-Aye. Finance-Annual Borrowing-Treasurer/Collector Paula Linhares advised the Board there are two borrowings;one taxable and the other taxable exempt. The first is for the Cedar Acres betterment project for$158,000. The winning bid was from Century Bank at 2.9%. The money will be paid by the residents on Cedar Acres either up front or through their taxes. The second is for Bound Brook Dam for$581,400, $300,000 for Town Hall Design and Border Street Bridge for $40,000. The winning bid was from Newburyport Bank @ 2%. The Board had a brief discussion and signed off on the paperwork. Investment Update-Treasurer/Collector Paul Linhares advised the Board the investment returns for this quarter are all positive. Expendable trusts are up about 4.1%for the quarter, Permanent Trust Funds are up about 7.1%for the quarter and OPEB funds are up about 6.3%. Mrs. Linhares said the vote at ATM for the Prudent Investor will help in the future. Chairman McCarthy asked how long it will be before that is approved by the State. Mr. Senior will reach out to representatives and follow up. Senior Check off-Committee Formation-Mrs. Linhares and Paul Kierce 39 Old Coach Road and Chairman of Elder Affairs discussed the Senior Check off. Mr. Kierce explained the process. Town Meeting rescinded the vote to allow the Voluntary Check-off for the Elderly and Disabled Taxation Fund. They are asking the Board to appoint the committee to disperse the funds. Mr. Kierce recommended Tana Carlson, Sara Livermore and Elaine Coyne. Motion by Selectman Schubert appoint Tana Carlson, Sara Livermore and Elaine Coyne to the Taxation Aid Committee for the time period necessary, seconded by Selectman Thompson. Roll Call Vote; Diane Kennedy-Aye, Jack Creighton-Aye, Keri Thompson-Aye, Kevin McCarthy-Aye, Paul Schubert-Aye. Approval of Selectmen FY20 Meeting Calendar-Motion by Selectman Creighton to approve the FY20 Selectmen Meeting Calendar, seconded by Selectman Schubert. Roll Call Vote; Diane Kennedy-Aye, Jack Creighton-Aye, Keri Thompson-Aye, Kevin McCarthy-Aye, Paul Schubert-Aye. Selectman Kennedy exited the meeting. 2 Selectmen Minutes June 11, 2019 Board/Committee Updates-Affordable Housing Steering Committee-Alignment-Mr. Senior explained the history of the Committee that was formed three years ago and all they great work they have completed. The Board needs to tweak the membership. Chairman of Affordable Housing Steering Committee Robert Jeffers stated that they have been struggling to reach a quorum at recent meetings. They would like to reduce the number of members to 7. They are also requesting that the Committee update the Selectmen on a bi-annual basis. Motion by Selectman Schubert to change the membership of the Affordable Housing Steering Committee to consist of a minimum of 5 voting members, a maximum of 7 voting members,all of whom should be citizens of the Town of Cohasset for a three-year term. The Committee will include one member from Housing Authority, Planning Board and Elder Affairs, seconded by Selectman Thompson and the vote was unanimous (4-0). Motion by Selectman Schubert that the Affordable Housing Steering Committee will update the Selectmen bi-annually, seconded by Selectman Creighton and the vote was unanimous (4-0). Affordable Housing Steering Committee Liaison-Motion by Chairman McCarthy to nominate Selectman Thompson as the Affordable Housing Steering Committee liaison, seconded by Selectman Creighton and the vote was unanimous (4-0). Affordable Housing Trust Liaison-Motion by Selectman Schubert to nominate Selectman Kennedy as the Affordable Housing Trust liaison, seconded by Selectman Thompson and the vote was unanimous (4-0). Continued Public Hearing- Church Mouse, LLC-Beer Garden-12 Parkingway-Chairman McCarthy gave a quick overview of the first hearing. Tonight,the Board will hear from people that have not spoken or have something new to add. They will listen to the applicant Brian McLaughlin and the Board will then deliberate. Attorney Lampke reviewed the questions raised at the first hearing by the abutter's attorney. Attorney Martin Corry asked for a copy of the responses made to his concerns. Attorney Lampke responded that he will investigate as it may be attorney/client privilege. Attorney Lampke suggested before the Board continues with the hearing they may want to make some amendments to the Liquor Regulations and Fee Schedule. The Board had a brief discussion. Motion by Chairman McCarthy to amend the Cohasset Rules and Regulations Governing Alcoholic Beverages adopted October 14, 2014 by adding in section 10, line 1 after the word "tavern" the phrase "general on-premise",seconded by Selectman Schubert and the vote was unanimous(4-0). Motion by Chairman McCarthy to amend the Town of Cohasset License Fee Schedule to add the following under Liquor Related License Fees; General On-Premise-All Alcoholic $1875 and General On-Premise-Wine & Malt $1150, seconded by Selectman Creighton and the vote was unanimous(4-0). Chairman McCarthy opened the discussion for public comment on the liquor license and common victualler license for Church Mouse, LLC. Stephanie Burke-Lenny's Hideaway stated she is not against the concept or idea of the beer garden. She has spoken to Brian McLaughlin and he encouraged her to come here tonight. She has concerns with generators and what they are being used for, how the beer systems will work, how the food trucks will operate and if the bathrooms will also need generators. She is concerned about the food truck being right outside their new outdoor area. She has concern about the noise and fumes from the generators. She is concerned about the location of the food truck and asked if it could be located elsewhere. 3 Selectmen Minutes June 11, 2019 Keith Phifer-owner of the property located at 12 Stagecoach Way stated he is pro-business but, to follow up on Ms. Burkes comments, the distance between the proposed location of the food truck and their business is less than 50 feet. He would like to be assured that the food truck will have to go through the same processes that a restaurant would have to. The same regulations should be required as the truck is essentially a restaurant. These trucks need proper ventilation as a restaurant would. They should need requirements from BOH, Fire etc. If not, it is an unfair playing field. The Board should address this. Cohasset does not have rules relating to food trucks as other surrounding communities do. Most communities do not allow a food truck within 300 feet of an existing restaurant. There should be an equity in the process. Jennifer Oram stated the Board of Health does inspect the trucks as they do for transient vendors. The Fire and Building department would be involved in the permitting as well. She is not sure who is responsible for the exhaust. The Board briefly discussed their concern with food trucks. Attorney Lampke stated the Board could condition the type of trucks and equipment that would be allowed on site. Also,the new plans submitted show that there are no generators as they will be using electricity from the building. Corey Evans-313 N. Main Street stated Brian McLaughlin runs a great business. He shares the objections from some of the neighbors and he does see issues with fumes from the trucks. Also, he has concerns with how the portable toilets will be pumped out. Tom Baker-18 Black Rock Road added that he loves the process that they are going through here tonight. There are a lot of concerns however, Brian McLaughlin took a dilapidated building and made it (Seabird) into something great. He deserves this opportunity and there are options to be considered. The Town should be pro-business and encourage a sense of community. If other businesses are worried,they should up their game. Russell Bonetti-20 Parker Avenue stated the Sandy Beach Association has come before Community Preservation Committee to ask for funding for their snack shack. They had to agree not to have fryolators. The Board should pay attention to this. Other venues will come and ask for these trucks too. Jonathan Fine-17 Reservoir Road stated he has lived here for 4 years. This town was lacking a coffee shop downtown. Mr. McLaughlin saw the need and opened one. He cares about the town and has a solid eye for the town. Martin Corry-81 Pleasant Street stated he is speaking on his own behalf as resident since 1978. There has been tremendous success in Boston with beer gardens when the weather is good. There are state of the art toilets for people that go there. The Board could issue a one-day license when the applicant wants to operate. There are no limits. Attorney Lampke responded that there is a limit for one-day licenses (30 days). Mr. Corry stated the issue in Boston is the place is packed but they use neighbors' restrooms. This type of business is going to hurt the surrounding businesses. What is the contractual relationship between the truck and the business that is serving the alcohol. The town should look at what other towns have done. He stated this business will kill Lenny's Hideaway. This is being pushed much too fast. This is a rush to judgement. This is someone that wants to go in and sell beer for a great profit. The Board needs to examine how other towns have gone through the process. Chairman McCarthy asked Attorney Lampke if they would be setting a precedent. Attorney Lampke stated each application is considered on its own merits and location and details. It doesn't set a precedent. 4 Selectmen Minutes June 11, 2019 Roy Fitzsimmons-116 Doane Street asked if the town's attorney helped the applicant and made changes on the application. Attorney Lampke responded that he and Jennifer Oram worked with the applicant as part of the application process. Mr. Fitzsimmons wanted to be sure that the taxpayers are not paying for the town attorneys to help the applicant. Mark Dolphin-19 South Main Street stated he spoke with Building Inspector Bob Egan and asked if there are any dimensional drawings have been submitted and he said there was not. He talked to Mr. McLaughlin about egress options for him. He also has concerns of where the food truck will be located and the loss of parking spaces. Keith Phifer added that the location of the dumpster is right next to his property which is a real concern. Chairman McCarthy invited the applicant Brian McLaughlin to speak. Mr. McLaughlin stated he is working with the South Shore Food Truck Association. They set minimums that he will have to pay them and have a relationship with them. The dumpster that was mentioned earlier is already there. He will be sure to keep the area clean. He cannot have a smelly dumpster while he is serving food. They are not using generators. There will be electrical lines underground to his building. There is plenty of power as it was previously a medical building. He is looking to have the area look elegant not like a town fair. There are strict regulations on the food trucks. He will not allow trucks with fryolators. He is not looking to harm anyone. He is trying to help the town. The sewer is in the front of the building not the back. The idea of the concept is for a restaurant downstairs inside. The downstairs must be built out and will not be ready until October. Chairman McCarthy suggested there may be a creative way to do this without food trucks. Selectman Thompson added that the idea of food trucks is appealing. They are very popular and trendy. Selectman Schubert asked how the area will be delineated and if there would be servers. He also stated the portable bathrooms are an issue. Mr. McLaughlin stated there will be a complete buildout downstairs to be completed mid-October. The bathrooms are there for two months. He has been guaranteed by the company that there will be no odor and they will be emptied twice a week. They are high end portable bathrooms. Selectman Creighton stated Mr. McLaughlin is doing a great job with his current business. He likes the idea and it brings vitality to the town. He is glad to hear the bathrooms are temporary and there will be no fryolators. He thinks the dumpster is a concern. He asked Attorney Lampke if the Board has the option to not renew the license if they are not satisfied. Attorney Lampke clarified that alcohol licenses are automatically renewed. To not renew a license there would have to be a hearing. However, if the Board wasn't satisfied they could ask Mr. McLaughlin to turn in the license. The Board could also condition the license. Mr. McLaughlin stated the truck is coming on to his private property, it is not transient. Keith Phifer stated they believe in the same things and fair market. In Scituate the rules have nothing to do if the truck is on private or public land. It has to do with the approvals and fair playing ground. His concerns are inequity and the process that everyone else is subject to. Selectman Schubert asked Mr. McLaughlin is he was aware of the Police Chief's suggestions of having a door man and how-to barrier the area. Mr. McLaughlin stated he was not aware of the suggestions however, he is happy to follow the suggestions. Andrew Reed-72 Nichols Road stated he looked at Google Maps and there are plenty of other businesses and restaurants in the area already. 5 Selectmen Minutes June 11, 2019 Mr. McLaughlin responded to Mark Dolphins concerns about egress and he has been speaking with him and assured him there will be a pathway for him with grass and he will make sure he has proper access and egress. Chairman McCarthy stated the Board will move on to deliberations. Attorney Lampke suggested the Board discuss the criteria to determine if there is a need and the location is suitable for the proposed application. They should take into effect traffic, noise, odors, scale of the place and location. They can also consider existing facilities in the area and the type of operation proposed. The Board can approve or deny. If the Board denies the request, they have to have more specificity of why it was denied. Chairman McCarthy asked the Board what their thoughts are. The Board had a lengthy discussion. Selectman Schubert stated his concern about the portable toilets, the food trucks, noise and if this is the right location for this operation. Selectman Thompson stated this is a fantastic discussion. She thanked everyone for coming tonight and to the last meeting. She believes many residents are not happy with the status quo in the downtown area. The Board should consider the concerns that have been raised but she is in support of the idea in its form. Chairman McCarthy stated his concerns with the food truck,the location,traffic and noise. He is not sure there is a need for a food truck in the area since there are other food places. He suggested the applicant rethink what they are asking and take into consideration the concerns heard here and come back to the Board with another option without a food truck. A lot has been learned and they should reapply over the fall or winter. Selectman Thompson stated the Board cannot assume that the application or anyone else will be interested in doing this next year. Part of the appeal is having a beer garden with a food truck, it doesn't work without it. Everyone wants what is best for the community. Attorney Lampke advised the Board they could postpone the hearing and have the applicant come back with some other unique concept. This would avoid a new application and having to re-advertiseck and notify abutters. Mr. McLaughlin advised the Board that the portable bathrooms are a must. They are temporary, but the only option he has until the fall. The board agreed to continue the hearing until 6/25. Motion by Selectman Schubert to continue the hearing for Church Mouse, LLC for the liquor license and common victualler license until June 25, 2019 at 7:10 p.m., seconded by Selectman Thompson and the vote was unanimous(4-0). Town Hall Update-Mr. Senior gave a history of the Town Hall project. He distributed a binder of information to the Board. All information about the project is included. There are two items ongoing. The painting bid specs are going out tomorrow. The other is the project assessment of this newer part of the building. The project is starting Thursday and should take about a month. 6 Selectmen Minutes June 11, 2019 Mr. Senior advised the Board he would like to call the Town Hall Building Committee together and start meeting to work on the Board's five objectives for the project. He asked the Board to clarify what they would like from him. Specifically,what are the parameters of the studying the assessment of the building. If the Board would like to explore renovation or reconstruction. They will need a project manager and they may need a new architect. Motion by Selectman Schubert to direct the town manager to call the Town Hall Committee into session, and in collaboration with the Board's liaison to the group,work through the tasks outlined in his memo, review the Board's project objectives and utilize them to analyze the available project information, assess whether a renovation or reconstruction of the 1986 annex is most appropriate and cost-effective, work with staff to procure necessary professional services, engage Cohasset residents and required boards and committees, and make a recommendation on a plan to the Board for presentation to Town Meeting,seconded by Selectman Creighton and the vote was unanimous (4-0). Town Manager Update-Mr. Senior advised the Board that re-paving is ongoing. There are a couple of more weeks of work. The Town won a grant for three new charging stations which will be located at Recreation, Library and the high school. They are also getting three new electric cars. They will have a total of 6 for six months. They hired a new planner, Lauren Masiar. She will start on June 24t". The interim planner Eve Tapper will stay on for training. Selectmen Comments-Selectman Thompson stated she is excited to be on the Affordable Housing Committee. Mr. Senior thanked Selectman Thompson for attending the DLS training last Thursday and Selectman Creighton for attending the Selectmen's Leadership conference on Saturday. Chairman McCarthy reminded everyone that the information discussed in executive session is confidential and should not be discussed or shared with anyone. Motion by Selectman Schubert to adjourn, seconded by Selectman Creighton and the vote was unanimous (4-0). The meeting adjourned at 12:15 a.m. Respectfully submitted, Kevin McCarthy, Chairman Documents Postage Machine contract info Cohasset Triathlon Application One Day liquor license-Historical Society Common Vic license-Anchor& Sail Annual Borrowing Investment Update Senior Check-off Committee Affordable Housing Steering Committee 7