TOWN OF KINGSTON BOARD OF SELECTMEN. OPEN SESSION MINUTES August 9, 2016

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1 TOWN OF KINGSTON BOARD OF SELECTMEN OPEN SESSION MINUTES Chairman Elaine A. Fiore called to order the meeting of the at 6:00 p.m. in Room 200 at the Town House, 26 Evergreen Street, Kingston. Also present: Vice Chairman R. Lindsay Wilson II, Sandra D. MacFarlane, Jean Landis-Naumann and Susan T. Munford. Announcements. Ms. Fiore announced This meeting is being recorded by PACTV. Anyone intending to make an audio or video recording of this meeting should notify the Chair at this time. WATD and Kingston Reporter provided notification. Jeanette Gleason, a long-time Kingston resident and volunteer, passed away in Florida. Ms. Fiore called for a moment of silence. The last day to register to vote in the upcoming State Primary is Friday, August 19, rd Annual Gridiron Kickoff 5K is Saturday August 13, 9:00 am race start. The event begins and ends at Silver Lake Regional High School. Traffic delays in the area (including Lake Street, Lydon Lane and Forge Road) are possible during this time period. The Stanton Foundation has given the Town $22,000 to start the first phase of design of the dog park. Last night there was a preliminary dredging presentation to the Waterfront Committee. CLE Engineering will give a presentation at the September 6 Selectmen s meeting. Open Forum. William Felix, 10 Newcombs Mill Road, expressed his thanks to the Rec Department for teaching him how to sail and stated his disappointment over having recently received a parking ticket at the Ah De Nah. He suggested that mooring fees should include a parking sticker. Ms. Munford recommended that Mr. Felix purchase a town parking sticker. Both she and Ms. Fiore reviewed the parking sticker s purpose, which is to manage parking. Ms. MacFarlane suggested having student parking stickers. She will talk to the Harbormaster and report back at the next meeting. Mr. Wilson added that a second transfer station sticker can be purchased for only $ Joe Casna, on behalf of the Kingston Yacht Club and the Kingston Lions Club, asked that the Board accept a donation of $1, from each club for the purchase of two new benches at the Ah De Nah. An Eagle project in the fall will provide the concrete pads and the installation. Upon a motion made by Ms. Fiore and seconded by Ms. MacFarlane, and a vote, it was VOTED: To accept with gratitude the donation of $1, from the Kingston Yacht Club and $1, from the Kingston Lions Club for the purchase of two new benches at the Ah De Nah. Rui Santos, 67 Pembroke Street, stated that based on his experience, charter schools don t have the staff and facilities to deal with children experiencing social issues, physical disabilities, and emotional issues. He feels strongly against funding charter schools with public money. Separately, he stated that he would like the town to stop putting in more condominiums and housing developments. Ms. Fiore discussed the open space and recreation component to the master plan.

2 Jones River Watershed Association request for support of its NOAA grant application for construction at Lake St. to replace the culvert and upgrade the stormwater quality as well as the design and permitting for the Elm St dam removal. Pine dubois, Executive Director of the Jones River Watershed Association (JRWA), was present and asked for the Board s continued support by way of a letter to accompany a new JRWA grant application to NOAA. This NOAA application is less comprehensive than last year s NOAA application and does not include dam removal. Ms. dubois reviewed the grant as it would relate to the Lake Street work and the Elm Street dam, the timelines involved, the coordination between the two grants if both applications are successful, and the $30,000 match from the town for the dam coming out of the $125,000 approved by 2016 Town Meeting. Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson, and a vote, it was VOTED: To authorize the Chair of the to sign a letter in support of the Jones River Watershed Association s pursuit of NOAA grant funding for construction at Lake St. to replace the culvert and upgrade the stormwater quality as well as for design and permitting regarding removal of the Elm Street Dam, substantially the form of the letter dated July 26, 2016 to the Executive Office of Energy and Environmental Affairs. Cultural Council interview/possible appointment. Daniel Felix was present and reviewed his background, interests and musical talents. Upon a motion made by Mr. Wilson and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To appoint Daniel Felix to the Cultural Council to fill a vacancy with term expiring June 30, Accept the resignation of Carl Ingeme from the position of Assistant Harbormaster/Deputy Shellfish Constable, interview/possible appointment of David Heath to Deputy Shellfish Constable position. Upon a motion made by Ms. MacFarlane and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To accept the resignation of Carl Ingeme from the position of Assistant Harbormaster/Deputy Shellfish Constable and to thank him for his service to the town in this position. Ms. Fiore stated that the Board has a letter from the Harbormaster recommending David Heath for the Deputy Shellfish Constable position, which should also include assistant harbormaster designation. Mr. Heath has assisted the Harbormaster and the other assistants with the day-to-day operations at the Ah De Nah. Ms. MacFarlane noted that Mr. Heath is very well versed. Upon a motion made by Ms. MacFarlane and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To appoint David Heath to the position of Assistant Harbormaster/Deputy Shellfish Constable until June 30, Public Hearing (continued from 7/26/16) Wicked Healthy LLC application for a Wines & Malt Beverages package store, 187 Summer Street, Anthony Bevilacqua, Manager - 6:40 pm. Ms. Munford stepped down from the bench to a seat in the audience. Ms. Fiore stated that this is a public hearing continued from the Board s last meeting on July 26, 2016; she noted that a revised floor plan has been submitted; and she reread aloud the public hearing notice. 2

3 Anthony Bevilacqua, representing the applicant, stated that the total space of the business will be 2,000 s.f. (the retail space will be 1,200 s.f.), and they will be looking in the future (in six months) to add a juice bar for fresh squeezed juice and smoothies. He has spoken with the building inspector regarding courtesy seating if they get the juice bar. The seating is not mandatory. There will be no table service, and drinks will be made to go. No alcohol would be allowed outside of the retail area or near the juice bar area. He said he also spoke with someone from the ABCC, who did not see anything wrong with the juice bar component. Ms. Fiore expressed concern that the concept seems more like a café. Mr. Wilson expressed concern with the seating on the new layout, noting issues with sight lines from the counter, especially if there are booths. He noted that the Bevilacquas have obtained TIPS certification since the last meeting. Ms. MacFarlane is concerned about the density of existing alcohol retail stores in that area but would be less concerned if alcohol is limited to gluten free. Anthony Bevilacqua replied that most stores carry only one or two brands of allergy-friendly beer and wine. His store will offer organic and niche items. All of the alcohol will be all-natural, and the brands will be local. Mr. Wilson read aloud a list of proposed conditions of approval. Discussion followed regarding the percentage of alcohol sales to total business sales. The consensus was that limiting alcohol sales to a percentage of total sales would be impracticable. Ms. Fiore called for public comment. Courtland Harlow suggested that the Board support the application based on the applicant s entrepreneurial values. People will choose to shop there if there is a demand for their products. He is not concerned with the applicants age or if alcohol sales exceed 10 percent of total sales. Susan Munford, 299 Elm Street, stated that a license is a license, and criteria should not be changed for a niche market. Liquor store owners have organized and asked for no more competition. She supports the health food store but not the alcohol component. Caroline Goniea, 87 Grove Street, stated that she is a resident and an employee of Empire Wine and Spirts. She read aloud a statement of Vicki McMenamy, owner of Empire Wine and Spirits, requesting denial of the application based on her store s location across the street and the variety of allergyfriendly products that her store carries and that she can order for customers. Attorney Steven Triffletti stated that he is representing all of the liquor store license holders in the Town of Kingston. On behalf of his clients, he requested that the Board deny the application. He submitted and reviewed a handout from the state regarding alcohol outlet density and public health. He also submitted to the Board petitions signed by residents and consumers in opposition to the application. He expressed concerns regarding the newly added juice bar, the lack of detail on the plans, lack of sight lines, the applicants lack of experience and training, the identified supplier not being unique to this business, the Board s need to follow established guidelines, lack of need in this geographic area, youth presence in the plaza, and public safety. Discussion followed regarding security software and the checking of ID s. Anthony Bevilacqua reviewed his recent TIPS training, commented on the proposed security systems for the store, and noted that while Empire does have a gluten-free selection, the majority of stores that they visited do not. 3

4 Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson, and a vote, it was VOTED: To close the public hearing. A motion was made by Ms. Landis-Naumann, which was seconded by Mr. Wilson, to approve the Package Store Beer and Wine License for Wicked Healthy LLC at 187 Summer Street with the following restrictions: alcoholic beverages shall not be sold prior to 8:00 AM Mondays through Saturdays or prior to 10:00 AM on Sundays alcoholic beverages being sold shall fall into one of the following four categories - organic allnatural allergy-friendly or gluten free and upon the following conditions being met: the final inspections of Board of Health, Fire Department and Building Inspector submission of proof of Workers Compensation insurance and Liquor Liability Insurance payment of all fees License to be released after approval by the ABCC and an occupancy permit has been issued. Discussion followed. Ms. Landis-Naumann commented on the applicants retail and customer service experience, the location s existing retail use, and the store s 7 pm closing time. She does not agree with the comment that the Board is deviating from the rules. Most who signed the petitions do not live within two miles of the store, and there are signatures from nonresidents. The business will succeed or fail based on demand. She is in favor of the application. Mr. Wilson stressed that there are additional beer and wine package store licenses available in the Town of Kingston, and he is in favor of this niche application. Ms. MacFarlane favors bringing new business to Kingston but is concerned with the applicants lack of training and experience. Ms. Fiore agreed with Ms. MacFarlane and is concerned that the plan keeps changing. Discussion followed regarding allowing the Bevilacquas to withdraw the application to allow more time for training, limiting the amount of square footage dedicated to alcohol products, and adding a condition that the Board approve the software system to be used for checking ID s. Upon a motion made by Mr. Wilson and seconded by Ms. Landis-Naumann, and a vote (Ms. MacFarlane was opposed), it was VOTED: To reopen the public hearing. Discussion continued. Ms. Fiore agreed to reach out to the Bevilacquas and discuss her concerns with them. Anthony Bevilacqua agreed to take any additional training that is available. Stephen Bevilacqua, a co-owner of the applicant, stated that neither he nor his brother drinks. He reviewed his TIPS training. Ms. MacFarlane requested that they meet with the police chief or lieutenants regarding security and conflict resolution. Mr. Wilson temporarily left the room and returned after the vote. Upon a motion made by Ms. Landis-Naumann and seconded by Ms. MacFarlane, and a vote, it was VOTED: To continue the public hearing to August 23, 2016 at 6:40 pm. Mr. Munford returned to the bench. 4

5 Early Bird II, 287 Main Street - transfer of Common Victualler license. The current owner of Early Bird II was present and stated that he wants to transfer ownership of the restaurant to his nephew, Mark Fahmy, who has worked at the restaurant for four years. Mr. Fahmy also was present and reviewed the proposed hours of operation. He stated that he will come back to the Board in the future if he wants to change the closing time from 5:00 pm to 9:00 pm. Ms. Zivkovich clarified that the name of the new owner will be Blessers, Inc. doing business as Early Bird II. Upon a motion made by Ms. Landis-Naumann and seconded by Ms. MacFarlane, and a vote, it was VOTED: To approve the transfer of the Common Victualler License from Heliopolis Ventures Inc. dba Early Bird II to Blessers, Inc., dba Early Bird II upon the following conditions being met: final inspection by the Health Department, submission of proof of Workers Compensation insurance and payment of all fees, License to be released after an occupancy permit has been issued. Kingston Business Association s Grays Beach Waterfront Festival - Saturday August 20 (rain date Sunday August 21) event update, including request for One-Day Liquor License. Ms. Fiore stated that the town will accept a $1/$1/$2 million dollar certificate of insurance. The town does not have funds to pay for the police detail as requested by the KBA at the last meeting, but the Police Chief will start with one officer and call additional officers if needed. Michael Frenette, representing the KBA, reviewed the site plan and the schedule of events. Upon a motion made by Mr. Wilson and seconded by Ms. Landis-Naumann, and a vote (Ms. Munford abstained), it was Upon a motion made by Mr. Wilson and seconded by Ms. Landis-Naumann, and a vote (Ms. Munford abstained), it was VOTED: To approve the application of the Kingston Business Association, Inc., care of Michael Frenette, for a one-day beer and wine license for the Kingston Waterfront Festival on August 20, 2016 (rain date August 21, 2016), from 10:00 am to 6:00 pm, at Gray s Beach, Kingston, MA 02364, with the condition that all alcohol will be distributed as outlined in the 8/4/16 from Mark Guidoboni. Issuance of the license will be subject to the applicant providing a certificate of insurance listing the Town of Kingston as an additional insured under a liquor legal liability insurance policy for bodily injury or death for a minimum amount of $1,000,000 on account of injury to or death of 1 person, and $2,000,000 on account of any 1 accident resulting in injury to or death of more than 1 person as a condition to receive the license. Approval is also contingent upon the applicant contacting the Chief of Police and Fire Chief and make arrangements for the hiring of at least one police detail and one Fire Fighter/Paramedic for the hours of 10 am to 7 pm, and subject to the prior approval of the submitted site plan by the Fire Chief. Approval of : July 26 and July 29, 2016 open sessions. and seconded by Ms. MacFarlane, and a vote, it was Upon a motion made by Mr. Wilson VOTED: To approve the minutes of July 29, 2016, as presented. Cedar Lane block party request for road closure Saturday August 27, 2016 from 2-8 pm. Upon a motion made by Ms. MacFarlane and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To approve the block party request for the closure of a portion of Cedar Lane on Saturday, August 27, 2016, during the hours of 2:00 pm to 7:00 pm, subject to the condition that 5

6 access for emergency vehicles be maintained at all times, and the applicant makes arrangements with the Streets Trees & Parks Department for securing barricades and road closed signage to be erected during the event. Temporary authorizations during the Town Administrator s absence. Ms. Fiore stated that Mr. Fennessy probably will be out for another week or so. Upon a motion made by Ms. Landis-Naumann and seconded by Ms. MacFarlane, and a vote (Ms. Munford abstained), it was VOTED: To extend the appointment of Laurie A. Zivkovich as Acting Town Administrator and Acting Chief Procurement Officer until the sooner of Mr. Fennessy being medically cleared to return to work or the next meeting of the. Ms. Zivkovich shall be compensated at the per diem rate of the town administrator during this time period. Request from Bob Kostka for Board support of a resolution opposing the ballot question to lift the cap on Charter Schools. Ms. Landis-Naumann read aloud the resolution that was provided to the Board by Mr. Kostka at the Board s last meeting. A motion was made by Ms. Landis-Naumann, which was seconded by Mr. Wilson, to oppose lifting the cap on Commonwealth charter schools. Mr. Wilson said he voiced his opinion at the last meeting and supports the resolution based on the finite amount of funding available for public schools. Ms. Munford agrees. Ms. Fiore disagrees with comments that charter schools don t support a wide variety of students. Discussion followed. Ms. Landis-Naumann Jean supports the resolution. She is concerned that charter school funding reduces funding available to public schools. Ms. MacFarlane is concerned with assumptions made in the resolution and can t support it as written. Upon a vote (Wilson, Munford and Landis-Naumann in favor, and Fiore and MacFarlane opposed, it was VOTED: To oppose lifting the cap on Commonwealth charter schools Annual Town Meeting date discussion. Ms. Fiore said that various parties involved are looking at dates in April and May that will work for everyone. Ms. MacFarlane stated that, pursuant to a unanimous vote of the Police Station Building Committee, she sent a letter to the Board requesting a fall town meeting. She would like the request to be placed on a future agenda. Special event approval request - The 14th Annual Harbor to the Bay Aids Benefit Bike Ride on Saturday September 17, This item was tabled. Ms. MacFarlane wants to revisit the Board s Open Forum Policy. The agenda item originally was intended essentially for announcements. More complex matters should go through the town administrator or department heads and be put on the next agenda if necessary. She would like to see the item limited to three to five minutes and for things not on the agenda. Adjourn. Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson and a vote, it was VOTED: To adjourn. The meeting adjourned at 8:29 p.m. 6

7 Respectfully submitted, Laurie A. Zivkovich Assistant to the Town Administrator/ Approved: September 6, 2016 Documents used at the meeting: 1. Agenda 2. Suggested motions 3. Town Clerk press release 4. Letter from Mark Guidiboni Kingston Yacht Club, Kingston Lions Club 5. from Pine dubois re: New Grant Support 6. Survey to Assist Volunteer Enrollment-Daniel Felix 7. Resignation letter from Carl Ingeme 8. Letter from Dennis Carvalho re: David Heath 9. Letter from F. Steven Triffletti re: Kingston Liquor License; Wicked Healthy, LLC application packet with revised floor plan; two sets of signed petitions 10. Mark Fahmy Application for License (common victualler) 11. Kingston Business Association Application for License (one-day liquor license) 12. Draft open session minutes July 29, Cedar Lane block party packet 14. Resolution Against Lifting the Cap on Commonwealth Charter Schools 15. Harbor to the Bay event application 7