TOWN OF KINGSTON BOARD OF SELECTMEN. OPEN SESSION MINUTES September 6, 2016

Transcription

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, Jean M. Landis-Naumann, Sandra D. MacFarlane, and Susan T. Munford; and Town Administrator Robert H. Fennessy, Jr. 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 provided notification. Town House Room 101 will be unavailable as a meeting room from October 24 through November 4. State Primary Election Thursday, September 8, :00 am- 8:00 pm Special Town Meeting Tuesday, October 18, :00 pm at Kingston Intermediate School. The warrant closes Monday September 19. On Thursday, September 8 at 6:30 pm, there will be a dedication at the Kingston Elementary School to recognize Joe Chaves for all that he has done for the town throughout the years. On Sunday, September 11 at 9:45 am, there will be a 15-year 9/11 remembrance ceremony at the Pembroke Street fire station. Open Forum. No one came forward. Ms. Fiore announced the pending retirement of Linda Warner from her position in the Building Department on October 11. Approval of. Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson, and a vote, it was VOTED: To approve the open session minutes of August 9 and August 16, 2016, as presented. Special Event 2016 Duxbury Beach Triathlon, Saturday September 24. Ms. Fiore reviewed the event request and the proposed schedule. Upon a motion made by Mr. Wilson and seconded by Ms. MacFarlane, and a vote (Ms. Munford abstained), it was VOTED: To approve the event request of Brian Noyes, Race Director, dated August 16, 2016, for the 2016 Duxbury Beach Triathlon on Saturday, September 24, 2016, as presented, subject to the conditions that Brian Noyes contact in advance of the event 1) Kingston Police Chief Splaine to confirm the time of the event, the hiring of two police detail officers as per the police department s traffic safety management requirements and 2) Kingston Fire Chief Heath to determine if the event meets the criteria established for a community notification via the Blackboard Connect emergency communication. Accept the resignation of Michael Ruprecht from the Police Station Building Committee. Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson, and a vote, it was

2 VOTED: To accept the resignation of Michael Ruprecht from the Police Station Building Committee and thank him for his service to the Town of Kingston. Ms. MacFarlane commended Mr. Ruprecht on his contribution to this committee as well as to the Police Station Study Committee. Discussion followed regarding the desired skill set for the open position. Jones River Dredge Feasibility Study presentation Christine Player, CLE Engineering. Christine Player was present on behalf of CLE Engineering and stated that the firm was hired by the town to conduct a dredging feasibility study of the Jones River/Kingston Bay area. She reviewed her credentials, stated that the goal tonight to provide a brief overview of the study, and presented a PowerPoint presentation covering the Study Area; Existing Town Landing; MADMF Mapped Suitable Shellfish Habitat Areas; MANHESP Mapped Areas of Priority Habitats of Rare Species & Estimated Habitats of Rare Wildlife; Mapped Eelgrass Habitat; Saltmarsh; Conceptual Navigational Channel Layout and breaking up of the project into three zones: Conceptual Navigational Channel Layout; the need for further sediment testing before moving forward; Potential Available Dewatering Sites; mechanical dredging versus hydraulic dredging; a dredge project time being limited to October through February; dewatering methods; Estimated Fees Associated with Engineering, Sediment Testing & Permitting with a total estimated range of fees being $72,000 to $95,000 and the process being at least a year; Estimated Range of Costs of Construction; and Example of Construction Cost Estimate. The Zone 1 example of dredging to 6 has an estimated total cost of $2,280,022 for 13,056 cubic yards. Discussion followed regarding the primary benefit of dredging. Ms. Fiore stated that the channel depth is decreasing, and, if nothing is done, eventually the channel will be lost. Discussion followed regarding the average size of boats that use the channel and dredging to 6 as opposed to 4. Mark Guidiboni, Chair of the Waterfront Committee, commented that dredging to a 6 depth would allow almost any boat short of a large keel sailboat. He added that the loss of the natural flow of the Jones River has prevented keeping the channel open. Discussion followed regarding sediment building, runoff, and maintenance dredging. Ms. Player noted that after initial dredging, maintenance is needed on average approximately every 20 years. Mr. Wilson questioned the ability to dredge Zone 1 without dredging Zone 2 or 3, based on the location of the town landing. Discussion followed regarding the significance of priority habitats. Ms. MacFarlane expressed her concern over a negative impact of dredging on the Jones River water supply and a possible negative impact to commercial shellfish sites. Dan Sheehan, a Kingston resident, questioned Ms. Player about the eel grass testing. Ms. Player explained the map and the need for future investigations. Mr. Sheehan is concerned with possible damage to the wetlands in Zones 2 and 3. He also is concerned with lowering the Jones River water level upstream. Mr. Sheehan requested an open vote and permission of Jones River abutters before doing any work. Ms. Fiore reiterated that is only the initial study stage. Mr. Guidoboni suggested having a town-wide presentation of the dredging study. He commented on the three proposed zones and suggested dredging to 4 instead of 6. He also discussed Federal Aids to Navigation and the need to look at the economic benefit of dredging. Ms. Fiore stated that a property owner in town is willing to take the dredged material if DEP approves it. Ken Medeiros, 4 Adams Ave, stated that within the last six years, the channel has really filled in a lot with more than just silt. He thinks that there is a lot of road runoff containing tire rubber coming from 2

3 Route 3. Mr. Medeiros suggested dredging a portion of only one of the zones, and he commented on maintenance methods. Beth Hynes, Adams Ave, asked if anyone has considered the impact to the future of Kingston being a waterfront community if the town doesn t dredge. Public Hearing Application of BRKC, LLC dba Bar Rustic for an all alcohol restaurant license, James Cafarelli, Manager, 101 Kingston Collection Way, Suite C128; application for Common Victualler, Weekday Entertainment, and Sunday Entertainment license (7:10 pm). Ms. Fiore read the public hearing notice and opened the public hearing. James Cafarelli, an owner and the proposed manager, was present, he introduced his wife Kathy and son Michael who also are active in the business, and he distributed Bar Rustic and The Studio Kitchen marketing material. Mr. Cafarelli said the license is required for both sides of the venue. It is a dual venue, consisting of the restaurant/bar called the Bar Rustic as one component, with the second component being the studio kitchen for live cooking shows as well as the chef s hall for cooking, wine, and cheese classes that will also serve alcohol. Their philosophy of operation is that everything will be based on a culinary experience. They don t consider themselves to be a bar or a nightclub. Discussion followed regarding the hours of operation. Mr. Cafarelli anticipates closing an hour earlier Sundays through Thursdays than on Fridays and Saturdays. Ms. Fiore called for public comment. There was none. Upon a motion made by Ms. Landis-Naumann and seconded by Ms. MacFarlane, and a vote (Ms. Munford abstained), it was VOTED: To close the public hearing. 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 issuance of an All Alcoholic Beverages Restaurant License for BRKC LLC, doing business as Bar Rustic, 101 Kingston Collection Way, C128, James Cafarelli, Manager, as presented, for the operating hours of 11:00 AM to 12:00 AM (midnight) Monday through Sunday, subject to the following conditions: 1) completion of the premises in accordance with the construction documents approved by the Inspector of Buildings; 2) obtaining all approvals, inspections, and the issuance of permits by all Town boards and departments required for occupancy and operation, including without limitation by the Inspector of Buildings, the Board of Health for final food service, and a valid fire safety certification; 3) submission to the Selectmen s Office of a valid certificate of insurance evidencing proof of Workers Compensation insurance and liquor legal liability insurance coverage in at least the minimum statutory amounts; 4) the payment of all fees; 5) the approval of the Massachusetts Alcoholic Beverages Control Commission; 6) all Bar Rustic s employees serving alcoholic beverages be TIPS certified; and 7) all employees be trained by Bar Rustic s management on rules and procedures for serving alcoholic beverages. Ms. MacFarlane stated for the public that the Board did not have a lot of questions because the applicant made a previous presentation to the Board. 3

4 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 issuance of Weekday and Sunday Entertainment licenses to BRKC LLC, doing business as as Bar Rustic, 101 Kingston Collection Way, C128, for the operating hours of 11:00 AM to 12:00 AM (midnight) Monday through Sunday, for small scale live entertainment and televisions, subject to the issuance of an occupancy permit by Inspectional Services, payment of all fees, and submission of proof of Workers Compensation insurance to the Selectmen s Office. The estimated opening date is October 31. Cultural Council interview/appointment. Karen Baynes was present and introduced herself. Ms. Fiore reviewed Ms. Baynes application, which lists her skills as Doctor of Education, an English Department supervisor at Duxbury Public Schools, and a co-founder and member of Boston Charles Dickens Fellowship. Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson, and a vote, it was VOTED: To appoint Karen Baynes to the Cultural Council to fill a vacancy with term expiring June 30, Conservation Agent position interviews/approval for hire. This item was postponed until the next meeting Application for Common Victualler License Big Y Foods, Inc., 182 Summer Street. Ms. Fiore stated that the Hannaford store in Kingston is transitioning to a Big Y. Upon a motion made by Ms. Landis- Naumann and seconded by Mr. Wilson, and a vote, it was VOTED: To approve the issuance of a Common Victualler License for Big Y Foods, Inc., 182 Summer Street, for the operating hours of 7:00 AM to 10:00 PM Monday through Saturday, 7:00 AM to 9:00 PM Sunday, upon the following conditions being met: final inspection by the Health Department and submission of proof of Workers Compensation insurance. Ms. MacFarlane noted that the Big Y is a family- run business. List of board/committee vacancies. Ms. Fiore read aloud the list of board and committee vacancies. Ms. MacFarlane stressed the importance of economic development and that there are five vacancies on the Economic Development Commission. Sign Memorandum of Understanding with Kingston Town Employees Union Clerical Unit regarding Town House hours of operation. Ms. Fiore stated that the Memorandum of Understanding approves the new Town House operating hours that were discussed at the Board s last meeting. The hours will stay at 35 hours per week, but there will be extended evening Tuesday hours and shortened Friday hours. The union has approved the agreement. Upon a motion made by Ms. Wilson and seconded by Ms. MacFarlane, and a vote, it was 4

5 VOTED: To sign the Memorandum of Understanding with Kingston Town Employees Union Clerical Unit regarding Town House hours of operation. Mr. Fennessy stated that the new hours will begin next week. A notice will be posted in the newspaper, on the town s website, and on the front door. Ms. Fiore requested that the chart reflect that the Wastewater Department s office hours are the same as the rest of the Town House office hours. Zoning Bylaw amendment for October special town meeting. Ms. Fiore stated that land currently owned by the Sisters of Divine Providence off of Route 80 has been offered for sale to Saxon Partners pending a zoning change. The Planning Board is holding a public hearing on September 26 regarding the proposed zoning change, which will create a new mixed commercial district. Ms. Fiore read the list of the uses that will be permitted in the new district. She stated that the Selectmen support the zoning change, which will be an article at the October special town meeting. Mr. Wilson clarified that he supports the article but not necessarily as written. He would like to provide additional input on the language. Upon a motion made by Ms. MacFarlane and seconded by Ms. Landis-Naumann, which was amended and accepted, and a vote, it was VOTED: To refer to the Planning Board for the October 18, 2016 special town meeting the zoning article to amend the Kingston Zoning Bylaw by adding a new Section entitled Mixed Commercial District; to amend the Zoning Map of the Town of Kingston to adopt a Mixed Commercial District overlay district on certain parcels of land located off of Route 44 on the Kingston/Plymouth Town Line and shown on Assessor s Map 99 Lot 3, and a portion of Map 99 Lot 2, and a remnant of Map 95 Lot 3; and to amend the Kingston Zoning Bylaw Section by adding to the Intensity Schedule the dimensions for lots within the Mixed Commercial District. Town Administrator performance review. Ms. Fiore stated that by contract the Town Administrator s performance is to be reviewed the last week of August in each year. Ms. MacFarlane opened the discussion, stating that one of the first items is to encourage and explore economic development. Discussion followed regarding the required skill set for members, the role of the Kingston Business Association, and the pending completion of the master plan. The consensus of the Board was for Mr. Fennessy to draft his accomplishments and present them to the Board at its next meeting. Open Forum policy revision. This item was tabled to the next meeting. Town Administrator s report. After noting that his full reports are published on the Town website, Mr. Fennessy highlighted the following items in his reports: personnel, the upcoming budget process, the Fire Department s KEMA and FEMA drills, committee vacancies, recent procurement contracts, and the Library s departmental report. Ms. MacFarlane encouraged the public to read the departmental reports on the Town website. She also hopes that everyone will attend the 9/11 ceremony this weekend. She added that the Police Station Building Committee is waiting on a report from Brad Norman, the town s Facilities Manager, regarding repair costs at the existing police station. Ms. Landis-Naumann reported that Mr. Norman and Paul Basler are in the process of having the decorative post lamps on Green Street refurbished. Any missing lamps will be reinstalled once the process is complete. 5

6 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 7:43 p.m. Respectfully submitted, Laurie A. Zivkovich Assistant to the Town Administrator/ Approved: September 20, 2016 Documents used at the meeting: 1. Agenda 2. Suggested motions 3. Retirement letter from Linda Warner dated 4. Jones River Dredge Feasibility Study Town of Kingston, MA by CLE Engineering 5. Public hearing notice; license application from BRKC, LLC d/b/a Bar Rustic; marketing handout 6. Karen Baynes Survey to Assist Volunteer Enrollment 7. Draft open session minutes August 9, 2016 and August 16, Duxbury Beach Triathlon letter dated August 16, 2016; comments from Chief Splaine, Chief Heath and Paul Basler 9. Big Y Foods, Inc. license application 10. Resignation letter from Michael Ruprecht 11. Committee Vacancy List 12. Draft MOU Town of Kingston and KTEU Clerical Unit 13. Town of Kingston Planning Board Notice of Public Hearing and Maps 14. Town Administrator s report 6