Loading...
HomeMy WebLinkAboutMinutes - BoS - 09/21/2016 Minutes—Board of Selectmen September 21, 2016 Selectmen's Office—Town Hall 41 Highland Avenue Cohasset, MA Selectmen Present: Kevin McCarthy, Chairman Paul Schubert,Vice-Chairman Diane Kennedy, Clerk Jack Keniley Selectman Not Present: Steve Gaumer Others Present: Attorney Jim Lampke, Board Counsel Chairman Kevin McCarthy called the meeting to order at 7:30PM and asked for a Roll Call Vote: Selectman Paul Schubert—Aye Selectman Diane Kennedy—Aye Selectman Jack Keniley—Aye Chairman Kevin McCarthy—Aye The Pledge of Allegiance—Recited Public Comment—None Chairman McCarthy read the public hearing notices aloud. The first hearing is to hear and act upon the application for a New Manager and a New Officer and Director for A&S Restaurants, LLC d/b/a Atlantica Restaurant located at 44-46 Border Street. The second hearing is to hear and act upon the application for a New Officer and Director for Cohasset Harbor Group, LLC d/b/a Cohasset Harbor Inn located at 124 Elm Street. The Board will also be considering the application for a Common Victualler License for A&S Restaurants, LLC d/b/a Atlantica Restaurant. The applicants are represented by Attorney Jeffrey De Lisi of Ohrenberger&Associates. Chairman McCarthy asked Attorney De Lisi if he would agree to combine the two hearings into one. Attorney De Lisi agreed. Attorney Lampke reviewed the process for this evening and what votes the Board would need to take. Attorney De Lisi addressed the Board and reviewed the history of the real estate closing for both properties. He stated that the closing on the properties took place on August 11, 2016 and Mr.Anil Popat's separation from the company(the previous Manager of Atlantica) occurred on August 23, 2016. They are before the Board this evening presenting Mr. Michael Wharton as the proposed New Manager and New Officer and Director of Atlantica Restaurant. 1 Selectmen—9.21.16—JBO Initial: Minutes—Board of Selectmen September 21, 2016 Mr. Wharton came forward and reviewed his background for the Board. Selectman Schubert noted that Mr. Wharton had worked a lot of places in a short time, explaining that the Board is looking for stability in the Management position. Mr. Wharton stated that the many job changes were due to businesses closing and being sold. Selectman Keniley asked what Mr. Wharton's scope of responsibility will be at Atlantica. Mr. Wharton said he would be managing the day to day operations. Chairman McCarthy asked if Mr. Wharton had previously held any other liquor licenses in his name. Mr. Wharton said that he had not and that this would be his first. Selectman Kennedy stated that the Board, acting as the Liquor Licensing Authority, issues these licenses to serve the public convenience. The licensee needs to have continuity in hours of operation and the Board needs to ensure that this happens. Selectman Kennedy asked if Mr.Wharton would be hiring the staff. He stated he would be. She stated that In terms of the control of the premises,the Board has made it clear they want one manager on one property. Given that he will be working for someone that owns 100%of the business, how does he plan on troubleshooting that kind of working relationship. Mr. Wharton stated that he would take care of what needs to be taken care of and he will not need permission [from the owner]. There was then an extensive conversation about operating hours for the properties. Attorney De Lisi stated that he recognizes how important these properties are to the harbor and that they serve the public and are not in business to just hold weddings. He offered to set up a meeting to discuss the concerns the Board members have. Selectman Keniley pointed out that one of the issues with the properties is that they are located in a residential area. Mr. Wharton stated that they try to close the doors by 8PM and that bad behavior will not be tolerated. Attorney Lampke asked Mr. Wharton if he understood that his name would be on the Liquor License making him the one that is responsible and is vested with the full responsibility by the LLC. He asked Mr. Wharton what he would do if the owner gave him a directive he didn't agree with. Mr. Wharton said that "he" may be the owner, but the license is in his name, and he had no problem doing what needs to be done. Chief of Police William Quigley and Sergeant Michael Lopes then reviewed the results of the background check for the Board. There was no negative information reported. After a brief discussion, Selectman Kennedy moved to approve the replacement of Anil Popat with Michael Patrick Wharton as the LLC Manager of A&S Restaurants, LLC d/b/a Atlantica, located at 44- 46 Border Street. Selectman Schubert seconded the motion and the vote was unanimous (4-0). Selectman Kennedy moved to approve Michael Patrick Wharton as the Liquor License Manager and the Common Victualler License Manager of A&S Restaurants, LLC d/b/a Atlantica located at 44-46 Border Street. Selectman Schubert seconded the motion and the vote was unanimous(4-0). 2 Selectmen—9.21.16—JBO Initial: Minutes—Board of Selectmen September 21, 2016 The Board then considered the application for the LLC Manager of the Cohasset Harbor Inn. The applicant, Mr. Robert Houle, is currently the Liquor Licensee Manager at the Cohasset Harbor Inn. Chief Quigley asked if the Board could confirm where Mr. Houle is employed. Mr. Houle responded and said that he works at the Red Lion Inn and the Cohasset Harbor Inn. Selectman Kennedy said she was concerned that there seemed to be an overlap of hours [between the two locations] and that Mr. Houle is the Manager of record at the Cohasset Harbor Inn. Mr. Houle explained that he has an Assistant Manager who works at the Cohasset Harbor Inn when he is not present. Attorney Lampke asked Mr. Houle what his functions are at the Red Lion Inn. Mr. Houle stated that he is the Bar Manager and sets up the bars for the weddings. There was then an extensive conversation about the Liquor Manager's function and when an Assistant Manager could be appointed to cover. Selectman Kennedy stated that the Board was very clear when they appointed the previous managers that the Board wants one Manager in charge of one building. Chairman McCarthy stated that the Board does not presently have a violation before them. He suggested that the Management of all the locations work closely with the Cohasset Police Department and the Licensing Clerk. He added that the Board is concerned about what they are hearing and he suggests they review the Liquor Regulations with the Cohasset Police Department. Selectman Kennedy moved to approve the appointment of Robert Houle as the LLC Manager, replacing Anil Popat,for the Cohasset Harbor Inn located at 124 Elm Street. Selectman Schubert seconded the motion and the vote was unanimous(4-0). Chairman McCarthy moved to adjourn the meeting. Selectman Kennedy seconded the motion and the vote was unanimous(4-0). Meeting adjourned at 9:01PM. Respectfully submitted, Kevin McCarthy Chairman 3 Selectmen—9.21.16—JBO Initial: