HomeMy WebLinkAboutMinutes - BoS - 07/24/2019 Selectmen Minutes July 24, 2018
Selectmen's Meeting
Town Hall-Selectmen's Office
41 Highland Avenue
Cohasset, MA
Selectmen Present: Diane Kennedy, Chairman
Kevin McCarthy
Steve Gaumer
Paul Schubert
Jack Keniley
Others Present: Christopher Senior,Town Manager
Attorney Jim Lampke
Jennifer Oram, Recording Secretary
Chairman Kennedy called the meeting to order at 6:30 p.m.
Roll Call Vote:Kevin McCarthy-Present, Paul Schubert-Present,Chairman Diane Kennedy-Present,Jack
Keniley-Present,Steve Gaumer-Present.
Chairman Kennedy asked for a motion to go into Executive Session under Exemption#3—to discuss
strategy with respect to collective bargaining or litigating 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 all pending union contracts. Exemption#6—To consider the purchase,exchange, lease or
value of real estate,if the Chair declares that an open meeting may have a detrimental effect on the
negotiating position of the public body. The Board will discuss updates on various parcels. Approval
of executive session minutes 1/2/18,1/23/18,3/6/18,3/27/18,4/11/18,5/8/18&5/22/18.
The Board will come out of Executive Session and continue with the open meeting.
Selectman Schubert moved to go into Executive Session.
A roll call vote was taken:
Roll call vote:
Selectman Gaumer—Aye
Selectman Keniley—Aye
Chairman Kennedy—Aye
Selectman Schubert-Aye
Selectman McCarthy-Aye
Where a vote of 5-0 was taken,The Board entered into Executive Session.
The Board Came out of Executive Session at reconvened the open meeting at 7:25PM.
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Selectmen Minutes July 24, 2018
Public Comments—Treasurer/Collector, Paula Linhares, announced that the Town's vendor for on-line
bill payment, UniBank, has added an automatic payment option. Residents can set up an account and
pay their taxes automatically online. Information is available at www.cohassetma.org.
Mr.Christopher Plecs,of 17 Pleasant Street,wanted to bring the Board's attention to an application that
is before the Planning Board. The application is for 2 Smith Place and it impacts the Town as there is a
Town culvert at that location. Chris Senior stated that the DPW Director, Brian Joyce, has been involved
with reviewing this project.
Fran Collins of 404 South Main Street,wanted to address the proposed repairs to the Seawall at the
Olde Salt House on Border Street. He has met with the Building Commissioner and the Conservation
Agent and reviewed the plans. He does not think this solution will work. It would only be a "Band-Aid";
not a solution. He stated there is real danger of it collapsing and falling in. Mr.Senior explained that the
plan was filed by the land owners as they were instructed to via a court order. The project is a long way
away from being permitted. They still have to go through the Conservation Commission process.
Selectman McCarthy suggested Mr. Collins attend those hearings.
Board adoption of Cedar Acres Betterments- Chairman Kennedy read the betterment document
aloud. Motion by Selectman Gaumer to approve the betterments as outlined in the documentation
provided. Selectman Keniley seconded the motion,and the vote was unanimous (5-0).
Licenses/Permits-Transfer of Liquor—Perch 143 to Lenny's Hideaway—Chairman Kennedy read the
public hearing notice aloud. The applicants, Derek and Stephanie Burke, addressed the Board and
handed out a document outlining their plans for the location. They moved here from California and
have several years in the restaurant business;owning restaurants in the California area. The restaurant
they are opening will serve Mexican food. They have hired a contractor and plan on expanding the size
of the bar into the area that you currently step down into to eat. They plan to close for construction for
a few weeks;they hope to open in September. Selectman Gaumer welcomed them to Town and asked
what their expected hours of operation would be. He added that the Board will be asking for posted
hours of operation. Mr. Burke state they hope to be open from 3PM—11PM,and if this expands over
time, they will inform the Board. Selectman Schubert added that they need to make sure there is
Manager on duty at all times. If the Manager is not there, the Assistant Manager has to be there. Mrs.
Burke agreed and said that one of them will always be there.
The applicants also plan on coming in for the Common Vic license and the Entertainment License
transfer once they know the Board has approved the transfer of the Liquor License. Selectman
McCarthy asked about the background check on the applicants. The background check was submitted
to the office the day of the hearing and the Licensing Clerk stated there were no problems with the
check. Mr.Senior said he had to also spoken with Chief Quigley who said there were no issues.
Selectman McCarthy did not feel comfortable approving it without the Board seeing it. He suggested
the transfer be conditionally approved. Motion by Selectman Gaumer that the Board conditionally
approved the liquor license transfer and alteration of premises for Perch 143 to Lenny's Hideaway as
long as no objections are raised regarding the background check by 9AM Friday,July 27`h. Selectman
Keniley seconded the motion and the vote was unanimous(5-0).
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Selectmen Minutes July 24, 2028
Public Hearin —Continued--Change of Manager—Atlantica-Chairman Kennedy read the hearing
notice aloud. Sacha Ordelheide, son of owner Gerd Ordelheide, and Heinrich Lutjens,the Manager
applicant, addressed the Board. Selectman Kennedy reviewed the items the Board had requested at the
last hearing. Mr.Ordelheide stated he submitted the schedule and they still wish to have Mr. Lutjens as
the Manager of the Atlantica.
Selectman McCarthy asked Mr. Lutjens what his role would be at Atlantica. Mr. Lutjens responded,
saying he had just returned from vacation. He added that he had not spoken yet with Sacha or Gerd,
but his role will be the Manager of the Atlantica. Selectman McCarthy asked how long Mr. Lutjens
would hold that role. Mr. Lutjens said it could be 3-6 months;or as long as it takes. There was then a
lengthy conversation regarding the schedule submitted by Mr.Ordelheide. Mr.Ordelheide said the
closing hours would depend on how busy they are. Selectmen Gaumer stated there is a reason that
there are certain hours posted. Holding a liquor license is privilege. Selectman Gaumer asked Mr.
Ordelheide if he had made an offer of employment to Mr. Lutjens. After a heated back and forth, Mr.
Lutjens stated that he did accept the job as being the Manager of Atlantica, but that he still needs to talk
with Mr. Ordelheide. Chairman Kennedy stated that the Board sent Mr.Ordelheide a letter with very
clear directions. She appreciates Mr. Lutjens coming in and appreciates the situation, but the Board
needs, in writing,exact hours of opening and closing. This is a public safety concern and a matter of
convenience to the public.
Attorney Lampke asked Mr. Lutjens if he will be able to act independently as he would be the"owner"
of the liquor license. Mr. Lutjens stated that he could. Selectman Keniley asked Mr.Senior if the police
have been checking the location to see if is open. Selectmen McCarthy asked if Chief Quigley could be
present at the next meeting. Selectman Gaumer addressed Mr.Ordelheide and said that the Town
loves these properties and the Board would love to see them open. He asked that they both go back
and look at the letter of June 28, 2018 that was sent to them from the Board. They have to submit
everything the Board has asked for by the continued hearing date of August 14`". Selectman Keniley said
if the Board does not receive what it has asked for,the Board will take a look at their license. Attorney
Lampke stated that in the June 28, 2018 letter,the applicants were noticed that the Board would
consider reviewing the license and will consider suspension, modification or revocation of the license.
Selectman Gaumer moved to continue the hearing to Tuesday,August 14'"at 7:05PM. Selectman
McCarthy seconded the motion and the vote was unanimous(5-0). Selectman McCarthy added that
they will be posting for two hearings; one for the Change of Manager and the other for the Board to
review the license.
Temporary Transient Vendor License and policy discussion—Mike Stevens,owner of Seabird Coffee,
would like to sell coffee from his trike at Sandy Beach. The Board has the ability to vote to add
additional licenses. There is a zoning decision that impacts the number of vendors allowed at the beach
at one time. Chairman Kennedy reached out to Susan Franklin, owner of Dell's Lemonade and an
existing transient vendor. Ms. Franklin said everyone works well together and she did not think an
additional vendor would negatively impact the existing vendors. Selectman Gaumer stated that he
would be in favor of trying this for this year. After further discussion,Selectman Gaumer moved to
amend the existing transient vendor policy to accommodate a four license through Labor Day.
Selectman Schubert seconded the motion,and the vote was unanimous(5-0).
Approval of 2018 Election Workers—Chairman Kennedy read the list of 2018 Election Workers aloud.
Selectman Paul Schubert moved to appoint the 2018 Election Workers as read for a one-year term.
Selectman Keniley seconded the motion,and the vote was unanimous(5-0).
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Selectmen Minutes July 24, 2018
Sian the Warrant for the September 4,2018 Primary—Selectman Keniley moved to sign the Warrant
for the September 4,2018 primary. Selectman Schubert seconded the motion,and the vote was
unanimous (5-0).
Committee Interviews&Appointments
Continued Interviews with new applicants: John Michael Mascia and Dustyn Mascia each submitted
applications expressing interest to serve on a Board and Committee. They have recently purchased a
condo on Brook Street. Ms. Mascia is a Beal Estate Attorney and works in Boston and is interested in
the Open Space Committee and the Design Review Board. Mr. Mascia works from home for a
purchasing collaboration. He is interested in the Alternative Energy Committee. Chairman Kennedy will
reach out to them and let them know what committees have openings. Some of their interests, Design
Review Board and AEC,are appointed by the Troika. Selectmen Gaumer and Schubert both suggested
they attend various Board and Committee meetings to see what sparks their interest. The Board
thanked them for their interest.
Conservation Commission—The Board has received four applications for four positions;two full
members and two associate members. Chairman of the Conservation Commission,Justin Pimpare,
reviewed the members, including him, that are up for reappointment. Chairman Kennedy asked how
they are doing with obtaining quorums for meetings. Mr. Pimpare said they do well, but they have one
member that has been on sick leave. He added having the Associate Members is great for people to
start in and learn. Chairman Kennedy asked about training. Mr. Pimpare stated that all the members
belong to MACC and take invaluable trainings through that group. After further discussion,Selectman
Schubert moved to appoint Justin Pimpare and Christopher Macfarlane as full members,each with
three-year terms. Selectman Keniley seconded the motion,and the vote was unanimous(5-0).
Selectman McCarthy moved to appoint Maryanne Wetherald and James Roseback as associate
members,each for a one-year term. Selectman Schubert seconded the motion,and the vote was
unanimous(5-0).
Zonine Board of Appeals--Selectman Schubert moved to appoint Peter Goedecke as full member of
the zoning Board of Appeals. Selectman Gaumer seconded the motion,and the vote was unanimous
(5-0).
Community Preservation Commission—Selectman Schubert moved to appoint Kari O'Donnell as a
Citizen at Large member of the Community Preservation Commission. Selectman Gaumer seconded
the motion,and the vote was unanimous(5-0).
Metropolitan Area Planning Council—Selectman Keniley moved to appoint Director of Planning, Peter
Matchak as the Town's representative to the MAPC,and Mr.Clark Brewer,the Chairman of the
Planning Board,as the alternate member. Selectman Schubert seconded the motion,and the vote
was unanimous(5-0).
Annual Personnel Review—Town Manager—Chris Senior—Due to the late hour, Mr.Senior suggested
the Board move his review to another meeting. The Board agreed. Selectman Schubert moved to re-
schedule Chris Senior's review to Tuesday,August 14,2018 at 6:30PM. Selectman Gaumer seconded
the motion,and the vote was unanimous(5-0). The Board's Goals&Objectives will also be held on this
night as well.
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Selectmen Minutes July 24, 2018
Town Manager Update—Mr.Senior announced that he is going to begin holding open office hours. The
first hours will be Tuesday,August 7, 2018 from 5-7PM,
The Town Hall Executive Summary is in. He has asked Engineer,Jason Federico,to put that report with
numbers. Selectman McCarthy suggested that the Board hold a joint meeting with the Advisory
Committee and the Capital Budget Committee,so they can all begin this process open and
collaboratively. Selectman Keniley said he thought that was a great idea.
Selectman Update—Selectman Gaumer said the Town had been forewarned regarding overages on the
Bound Brook project. Mr.Senior stated he has talked with Counsel and Executive Session will be
scheduled for this topic in early fall. in a parallel track,the Town is working with the Department of Dam
Safety, Selectman Keniley stated that the James Island matter was settled about two weeks ago. He
stated that the Steinmetz'worked closely with everyone to make this work. Selectman Keniley would
also like an update on Cunningham Bridge. Mr.Senior said the date is still mid-October. The Town is
waiting on a formal update from the State. Selectman Schubert mentioned that the sidewalk on Sohier
Street near Deer Hill, shrubs need to be trimmed back. He also met with Chris Senior,Joan Meschino
and Patrick O'Connor about funding from the State level Capital Budget Committee for possible funds
for Town Hall. Selectman McCarthy said the MVP project is complete and there was a lot of great
citizen participation. Chairman Kennedy told the Board that she will be reaching out to see about
scheduling additional meetings for the Board. She also wanted to announce that Christine Murphy of
Safe Harbor was given an Unsung Hero aware for her work with that charity. The Sandy Beach Bath
House was dedicated the previous weekend. Chairman Kennedy then asked for a moment of silence for
Mr.Joseph R. Barresi, the State's first Inspector General. He passed away at the age of 95.
Minutes-6 26 18&7 10 18-Motion by Selectman Keniley to approve the minutes of June 26,2018
and July 10,2018,seconded by Selectman Gaumer and the vote was unanimous(5-0).
Motion by Selectman Gaumer to adjourn the meeting,seconded by Selectman Schubert,and the vote
was unanimous(5-0). Meeting adjourned at 9:54PM
Respectfully submitted,
Diane Kennedy, Chairman
Documents
Cedar Acres Betterment Paperwork
Public Hearing Notice&Application to the ABCC —Perch 143 to Lenny's Hideaway.
Packet submitted by Jennifer and Derek Burke regarding their plans for Lenny's Hideaway
Application for the Change of Manager for Atlantica/the Olde Salt House
Letter of June 28, 2018 to Gerd Ordelheide
Transient Vendor Application—Sea Bird Coffee
Revised Memo—2018 Election Workers to be appointed for a One Year Term
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