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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. 1 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). 2 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). 3 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. 4 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 5