HomeMy WebLinkAboutMinutes - TM - 12/06/2004 Index Special Town Meeting — December 6, 2004
Article # Description of Article
1 Unpaid bills. Adopted.
2 Transfer from stabilization fund to reduce tax rate for Fiscal Year 2005. Adopted
3 Balance 2005 operating budget. Adopted.
4 Purchasing and refurbishing equipment. Adopted
5 Fund collective bargaining agreement (Firefighters Local 2804) Adopted unanimously.
6 Community Preservation Committee
a. Improvements to Cohasset Housing Authority (60 Elm Street) Adopted.
b. Engineering and design work for Beechwood playing fields, playground and
basketball court. Adopted.
c. Beach management plan for Sandy Beach. Adopted unanimously.
d. Reconstructing the handicap ramp and replacing step at town hall. Adopted.
7 Expansion of Central Sewer District to encompass parcels Lot 2 on Map 43 and 41 on
Map 42. Indefinitely postponed.
8 Little Harbor and Atlantic Ave. sewer expansion project. Adopted.
16 Recall petition. Defeated.
9 Repairs to seawall on Border Street. Adopted unanimously.
10 Increase longevity pay. Adopted unanimously.
11 Funding for Beechwood Ball Park. Indefinitely postponed.
12 Change of use of a portion of Woodside Cemetery from cemetery use to general
municipal purposes. Adopted unanimously.
13 Water system improvement projects. Adopted.
14 Accept M.G.L. Chapter 41, Section 19K—additional compensation. Adopted
unanimously.
15 Intermunicipal agreement to maintain and equip an unmanned ambulance. Adopted
unanimously.
17 Participate in the Greenscapes Program. Adopted unanimously.
SPECIAL TOWN MEETING - DECEMBER 6, 2004
At the Special Town Meeting held on Monday, December 6, 2004 at the Cohasset High School Sullivan
Gymnasium the following articles were contained in the warrant and acted upon as follows.
Checkers sworn in by the Town Clerk, Marion L. Douglas at 6:30 p.m. were Carol St. Pierre, Geraldine
Ainslie, Janice Rosano, Margaret Hernan, Kathleen Rhodes and Debra Krupczak. Tellers were appointed
and sworn in by the Moderator, George L. Marlette III.
The Moderator called the meeting to order at 7:10 p.m. and a quorum of 100 was present at that time.
The registered voters checked in on the voting list totaled for Precinct 1 — 293; and Precinct 2 — 128
for a total of 421 voters.
Voted unanimously to dispense with the reading of the call of the Meeting and Return of Service having
been examined by the Moderator and found to be in order.
Moved by Peter Pratt to advance Article 16 to follow Article 8. Motion is adopted.
Article 1:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow,
pursuant to any applicable statute, a sum or sums of money, to be expended by the Town Manager, to
pay for unpaid bills from previous fiscal years.
VENDOR AMOUNT REQUESTED
Keyspan $93,474
Tutela Engineering Associates $11,694
Tutela Engineering Associates (FY03) $ 6,484
Moved that $111,652 be appropriated to be expended by the Town Manager, to pay the below listed
unpaid bills from previous fiscal years, and to meet this appropriation $6,000 be raised from the FY '05
tax levy and other general revenues of the town, $12,178 be transferred from the FY '05 sewer enterprise
revenues, and $93,474 be transferred from the Stabilization Fund:
VENDOR AMOUNT APPROPRIATED
Keyspan $93,474
Tutela Engineering Associates $11,694
Tutela Engineering Associates (FY03) $ 6,484
Amendment offered by Roy Fitzsimmons. Moved that the Troika appoint a committee to
investigate the school's over budget and to report back to the Annual Town Meeting. Hand count;
Yes 131. No 110. Motion is adopted.
Moved to separately consider the Keyspan bill from the Tutella Engineering Associates bill.
Motion adopted.
Keyspan bill —9/10 vote required. Hand count; Yes 287. No 24. Motion is adopted.
Tutela Engineering bills—9/10 vote required. Motion adopted by the required 9/10's.
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Article 2:
To see if the Town will vote to amend, modify, increase or decrease or otherwise act with respect to any
and all expenditures for all town departments, commissions and agencies as voted pursuant to Article 3
of the March 27, 2004 Annual Town Meeting, and to see if the Town will vote to raise and appropriate
from available funds, and/or borrow, pursuant to any applicable statute, a sum to be expended by the
Town Manager, to balance the Fiscal Year 2005 Town Budget as voted at said Annual Town Meeting
and/or to reduce the tax rate for Fiscal Year 2005.
Moved that the sum of$112,333 be transferred from the Stabilization Fund and $97,667 be transferred
from the motion voted pursuant to Article 7 of the March 2003 Annual Town Meeting for the Cohasset
Assessors to apply to reduce the tax rate for Fiscal Year 2005.
A 2/3's vote is required. Motion adopted by the required 2/3's.
Article 3:
To see what additional action the Town will vote to amend, modify, increase or decrease, or otherwise
take, to balance the Fiscal Year 2005 Operating Budget as voted in Article 3 of the March 27, 2004,
Annual Town Meeting, and to see what additional sums the Town will vote to raise and appropriate from
available funds or otherwise, for the payment of the salaries and compensation, expenses, equipment,
and outlays, capital and otherwise, of the several Town departments, for the current fiscal year.
Original Revised Increase/
Appropriation Account Appropriation Appropriation Decrease
Director of Finance
General Expenses $30,300 $35,300 $5,000
Board of Assessors
General Expenses $26,505 $31,505 $5,000
Reserve Fund
Reserve Fund $100,000 $167,000 $67,000
Legal Budget
General Expenses $120,000 $180,000 $60,000
Police Department
General Expenses $99,850 $103,850 $4,000
School Department
General Expenses $11,943,800 $12,037,300 $93,500
S.S. Vocational
Regional Assess. $59,238 $86,988 $27,750
Dept. of Public Works
General Expenses $550,840 $562,840 $12,000
Dept. of Public Works
Building Maintenance $396,822 $426,822 $30,000
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Benefits and Insurance
Pension Assessment $773,665 $843,884 $70,219
Benefits and Insurance
Property and Liability $195,000 $230,000 $35,000
Moved that $409,469 be appropriated to add to and increase the amounts voted pursuant to Article 3 of
the March 27, 2004 Annual Town Meeting as set forth below, and to fund such appropriations, the
amount of $409,469 be hereby transferred from the appropriation voted pursuant to Article 7, of the
March 2003 Annual Town Meeting (to pay the debt service of the Middle/High School and Deer Hill
school projects)as follows:
Original Revised Increase/
Appropriation Account Appropriation Appropriation Decrease
Director of Finance
General Expenses $30,300 $35,300 $5,000
Board of Assessors
General Expenses $26,505 $31,505 $5,000
Reserve Fund
Reserve Fund $100,000 $167,000 $67,000
Legal Budget
General Expenses $120,000 $180,000 $60,000
Police Department
General Expenses $99,850 $103,850 $4,000
School Department
General Expenses $11,943,800 $12,037,300 $93,500
S.S. Vocational
Regional Assess. $59,238 $86,988 $27,750
Dept. of Public Works
General Expenses $550,840 $562,840 $12,000
Dept. of Public Works
Building Maintenance $396,822 $426,822 $30,000
Benefits and Insurance
Pension Assessment $773,665 $843,884 $70,219
Benefits and Insurance
Property and Liability $195,000 $230,000 $35,000
Amendment by Leland Jenkins - moved to transfer$93,500 under the School Department(General
Expenses)to the reserve fund to be disbursed by the Advisory Committee. Motion adopted. Main
motion as amended is adopted.
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Article 4:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow,
pursuant to any applicable statute, a sum or sums of money, to be expended by the Town Manager, for
the purpose of purchasing or refurbishing the equipment listed below, and to authorize the Town Manager
to trade-in or otherwise dispose of such existing equipment.
Police Department Vehicles (2) $56,000
Police Department Equipment $ 5,000
Fire Engine Refurbishing $40,000
School Utility Vehicle $15,000
Public Works Vehicles (2) $62,000
Elder Affairs Vans $ 6,000
Elder Affairs Computers $10,000
Moved that $194,000 be hereby appropriated to be expended by the Town Manager, for the purpose of
purchasing and equipping the below listed equipment, that the Town Manager be authorized to trade-in or
otherwise dispose of any such existing equipment, and that, to meet this appropriation, $6,000 be raised
from the FY '05 tax levy and other general revenues of the Town, and the Treasurer of the Town, with the
approval of the Board of Selectmen, is hereby authorized to borrow pursuant to any applicable statute the
balance of$188,000 and to issue notes and bonds of the Town therefore.
Police Department Vehicles (2) $56,000
Police Department Equipment $ 5,000
Fire Engine Refurbishing $40,000
School Utility Vehicle $15,000
Public Works Vehicles (2) $62,000
Elder Affairs Vans $ 6,000
Elder Affairs Computers $10,000
A 2/3's vote is required. Motion adopted by the required 2/3's.
Article 5:
To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of
$18,900, to be expended by the Town Manager, to fund the FY05 cost items of a collective bargaining
agreement between the Town, represented by the Board of Selectmen, and the Fire Department
employees, represented by the Cohasset Permanent Firefighters Local 2804, in accordance with Chapter
150E of the General laws.
Moved that$18,900 be transferred from FY '05 Additional Lottery Funds to be expended by the Town
Manager, to fund the FY'05 cost items of a collective bargaining agreement between the Town,
represented by the Board of Selectmen, and the Fire Department employees, represented by the
Cohasset Permanent Firefighters Local 2804.
Motion adopted unanimously.
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Article 6:
To see what action the Town will take with respect to the recommendations of the Community
Preservation Committee for Fiscal Year 2005, and to see if the Town will vote to implement any such
recommendations by appropriating a sum or sums of money from the Community Preservation Fund,
established pursuant to Chapter 44B of the General Laws, and from any other source, by raising and
appropriating or borrowing pursuant to any applicable statute for this purpose.
Recommendation A:
Moved that Thirty Five Thousand Dollars ($35,000.00) be transferred from the Community Preservation
Fund, with the intention that these funds be available in FY 2005 and thereafter, to be expended by the
Town Manager, for the purpose of making various capital improvements to the Cohasset Housing
Authority's 60 Elm Street Apartment Complex.
Motion adopted unanimously.
Recommendation B:
Moved that Thirty Thousand Dollars ($30,000.00) be transferred from the Community Preservation Fund
with the intention that these funds be available in FY 2005 and thereafter, to be expended by the Town
Manager, for engineering and design work related to the reconstruction of the Beechwood Street playing
fields, playground and basketball court.
Motion is adopted.
Recommendation C:
Moved that Ten Thousand Dollars ($10,000.00) be transferred from the Community Preservation Fund
with the intention that these funds be available in FY 2005 and thereafter, to be expended by the Town
Manager, for hiring for an appropriate professional to prepare a beach management plan for Sandy
Beach.
Motion adopted unanimously.
Recommendation D:
Moved that Sixteen Thousand Dollars ($16,000.00) be transferred from the Community Preservation
Fund's Historic Preservation Sub-Account, with the intention that these funds be available in FY 2005 and
thereafter, to be expended by the Town Manager, for the purposes of reconstructing the handicapped
ramp leading to Town Hall and for historical renovation to the steps leading to the antique portion of Town
Hall by replacing the existing cement top step with a historically appropriate granite one.
Motion is adopted.
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Article 7:
To see if the Town will vote to authorize the expansion of the existing Central Sewer District to
encompass parcels named Lot 2 on Map 43 and Lot 41 on Map 42 on the Assessors' maps, the purpose
of which is to accept an amount no greater than 14,250 gallons per day of effluent treated on the site of
those parcels to DEP tertiary standards with nitrogen removal and disinfection to Town standards for
named bodies of water. This article is contingent on sufficient treatment capacity being reserved from the
potential future treatment capacity of Cohasset's Treatment Plant, regardless of any future tie-ins
accepted and/or mandated, to sewer the Little Harbor District in accordance with plans submitted to the
Attorney General in response to the Second Amended Final Judgment. The reserved capacity is to be
maintained until used for the Little Harbor District.
Moved that this article be indefinitely postponed.
Motion adopted unanimously.
Article 8:
Moved that the Town formalize its commitment to take all actions and measures and appropriate the
necessary funds to implement the Little Harbor and Atlantic Avenue sewer expansion. In several Town-
funded studies, a sewer was found to be the most economical and effective way to eliminate wastewater
influences on Little Harbor and the coastline along Atlantic Avenue. The expansion is defined in the
supplement to the "Final Wastewater Facility Plan and Environmental Impact Report EOEA #10275",
revised February 2003, a copy of which is on file at the Town Clerk's office, and which includes awarding
of the construction contracts in spring of 2007 and project completion in summer of 2009. The
commitment will be formalized by incorporating the schedule contained in said Supplement in to the
Second Amended Final Judgment."
CITIZENS' PETITION
NAME ADDRESS NAME ADDRESS
James F. Marten 78 Nichols Road Patricia C. Dean 207 Jerusalem Rd
Richard E. Brooks 68 Nichols Road Stuart Ivimey 7 Sankey Rd
Akira Isihar 8 Sandy Beach Lane Juliette D. Guild 365 Jerusalem Rd
Ikuko Isihar 8 Sandy Beach Lane Margie Wollam 177 Atlantic Ave
Moved that the Board of Selectmen and Sewer Commission, as applicable, are directed to take all action
necessary and appropriated to cause the Little Harbor and Atlantic Avenue sewer expansion project, as
described in "Supplement to the Final Wastewater Facility Plan and Environmental Impact Report EOEA
No. 10275, revised February 2003, a copy of which is on file at the office of the Town Clerk, to be
completed in accordance with the time schedule included in such report, subject to such further Town
Meeting action as may be required; and that the Board of Selectmen and Sewer Commission, as
applicable, are further directed to take such action as may be necessary to cause the engineering
documents, specifications and corresponding cost estimates for such project to be completed
expeditiously and an article for the approval and funding of such project to be included in the warrant for
the 2005 Annual Town Meeting.
Hand count; Yes 246: No 91. Motion is adopted.
At 10:30 p.m. on motion made and seconded, the Moderator adjourned the meeting to Tuesday,
December 7, 2004 at 7 p.m. at the Cohasset High School Sullivan Gymnasium.
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Tuesday Evening December 7, 2004
The Town Clerk appointed checkers and the Moderator appointed tellers. The Moderator called the
meeting to order at 7:15 p.m. and a quorum of 100 was present at that time. The registered voters
checked in on the voting list for Pre. 1 - 99-; Pre. 2—69 for a total of 168.
Article 16:
To see if the Town will vote to approve a petition to the General Court, accompanied by the following bill
for a special law relating to the Town of Cohasset under Clause (1) of Section 8 of Article 2, as amended
of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation
be adopted precisely as follows, except for clerical or editorial changes of form only:
AN ACT RELATIVE TO RECALL ELECTIONS IN THE TOWN OF COHASSET
SECTION 1. Chapter 34 of the Acts of 1997, as amended by Chapter 421 of the Acts of 1998 and
Chapter 330 of the Acts of 2000, is hereby amended by inserting the following new section:
Section 2A. A person who holds an elective office in the town of Cohasset maybe recalled there from by
the; registered voters of the town as provided in this section.
(a) One hundred or more qualified voters may make and file with the town clerk an
affidavit containing the name of the officer sought to be recalled and a statement of
the grounds for recall. The town clerk shall thereupon deliver to 10 persons first
named on the affidavit a sufficient number of printed petition forms demanding the
recall, copies of which forms he shall keep available. The petition forms may be
completed by printing or typewriter and they shall contain the, names of the IO
persons to whom they are issued, the name of the person sought to be recalled, the
office from which recall is sought, and the grounds for recall as stated in the affidavit.
They shall demand the election of a successor to the office and they shall be dated,
signed and sealed by the town clerk. The recall petition shall be returned to the office
of the town clerk not later than 5 o'clock in the afternoon on or before the first work
day following 20 days after the date they are issued, signed by at least 10 percent of
the total number of qualified persons registered to vote in the town as of the date the
affidavit was filed with the town clerk. To every signature shall be added the place of
residence of the signer, giving the street and number, if any. One of the 10 persons to
whom the recall petition forms are issued shall make an affidavit on each page that
statements therein contained are true, and that each signature appended to the
petition is the genuine signature of the person whose name it purports to be. The
town clerk shall forthwith, following the day of such filing with the, office of the town
clerk, submit the recall petition forms to the board of registrars of voters which shall,
within 5 work days after the day of receipt, certify in writing thereon the number of
signatures which are those of qualified persons registered to vote in the town as of
the date the affidavit was filed with the town clerk. The board of registrars of voters,
upon the completion of its certification, shall return the recall petition forms to the town
clerk.
(b) If the recall petition forms shall be certified by the board of registrars of voters to
contain at least 10 per cent of the qualified persons registered to vote, and if the
petition shall be found and certified by the town clerk to be sufficient, the town clerk
shall give notice without delay, in writing, to the elected officer whose recall is sought
by sending to the officer a copy of the affidavit and the recall petition form together
with notice, of the number of qualified voters certified by the board of registrars of
voters who signed the recall petition forms and the total number of qualified voters in
the town as of the most recent town election. If the officer to whom notice is directed
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by the town clerk does not resign the office within 5 days following the receipt of the
notice from the town clerk, the town Clerk shall give notice in writing to the board of
selectmen not later than 1 work day following the expiration of the said 5 days. The
board of selectmen shall order a special election to be held not more than 90 days
after receipt of notice from the town clerk as foresaid, and not less than 64 days from
the date of the order. If any other town election to be held within 100 days of receipt
by the board of selectmen of notice from the town clerk, the recall election shall be
postponed and shall be held at the time and in conjunction with the other election. If
vacancy occurs in the office for any reason after the board of selectmen has ordered
a recall election, the recall election shall nevertheless proceed as provided for herein.
(c) An officer sought to be removed may be a candidate to succeed himself, and unless
he requests otherwise in writing, the town clerk shall place his name on the ballot
without nomination. The number of signatures of qualified voters required to place
the name of a candidate on the official ballot for use at a recall election shall not be
less than 25. The publication of the warrant for recall election and the conduct of the
recall election shall be in accordance with the General Laws regulating elections,
unless otherwise provided in this act.
(d) The incumbent shall continue to perform the duties of his office until the recall
election. If then reelected, he shall continue in office for the remainder of his
unexpired term subject to recall as before, except as provided in this section. If not
reelected in the recall election, he shall be deemed removed upon the qualification of
his successor, who shall hold office during the unexpired term. If the successor fails
to qualify within 5 days after receiving notification of his election, the incumbent shall
thereupon be deemed removed and the office vacant.
(e) The ballots used at the recall election shall submit the following propositions in the
order indicated:
For the recall of(name of officer) {}
Against the recall of(name of officer){}
Immediately at the right of each proposition there shall be a square in which the voter, by making
across mark (X) may vote for either of the propositions. Under the propositions shall appear the word
"Candidates" and the directions for the voters required by law, and beneath the word "Candidates" shall
be the names of candidates nominated.
If a majority of the votes cast is against the recall, the votes for the candidates need not be
counted. If a majority of the votes cast is in favor of the recall, the officer shall be deemed to be recalled
and the ballots for candidates shall then be counted. The candidate receiving the highest number of
votes shall be declared elected. IF the officer is recalled, he shall be deemed removed upon certification
of the election results by the town clerk. The candidate receiving the highest vote and therefore elected,
shall serve for the balance of the unexpired term of the officer removed.
(f)A recall petition shall not be filed against an officer within 6 months after he takes office, nor, in
the case of an officer elected in a recall election, until 6 months after that election. A recall shall not be
filed against an officer subjected to a recall election, and not recalled thereby, until at least 6 months after
the election at which his recall was submitted to the voters.
(g) A person who has been recalled from an office, or who has resigned from office while recall
proceedings were pending against him/her, shall not be appointed to any town office within 1 year after
the recall or resignation.
SECTION 2. This act shall take effect upon passage.
CITIZENS PETITION
NAME ADDRESS NAME ADDRESS
Stacy Weaver 44 Nichols Road Margaret Charles 85 Linden Drive
John Osten 50 Linden Drive Joseph McElroy 59 Windy Hill Rd
Jamie Williams 60 Surry Drive Richard Brooks 68Nichols Rd
Louis S. Harvey 465 King Street Akira Isihar 8 Sandy Beach Ln
Joann A. Ford 30 Whitehead Susan Etkind 88 Nichols Rd
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Moved to see if the Town will vote to approve a petition to the General Court, accompanied by the
following bill for a special law relating to the Town of Cohasset under Clause (1) of Section 8 of Article 2,
as amended of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end
that legislation be adopted precisely as follows, except for clerical or editorial changes of form only:
AN ACT RELATIVE TO RECALL ELECTIONS IN THE TOWN OF COHASSET
SECTION 1. Chapter 34 of the Acts of 1997, as amended by Chapter 421 of the Acts of 1998 and
Chapter 330 of the Acts of 2000, is hereby amended by inserting the following new section:
Section 2A. A person who holds an elective office in the town of Cohasset maybe recalled there from by
the; registered voters of the town as provided in this section.
(f) One hundred or more qualified voters may make and file with the town clerk an
affidavit containing the name of the officer sought to be recalled and a statement of
the grounds for recall. The town clerk shall thereupon deliver to 10 persons first
named on the affidavit a sufficient number of printed petition forms demanding the
recall, copies of which forms he shall keep available. The petition forms may be
completed by printing or typewriter and they shall contain the, names of the 10
persons to whom they are issued, the name of the person sought to be recalled, the
office from which recall is sought, and the grounds for recall as stated in the affidavit.
They shall demand the election of a successor to the office and they shall be dated,
signed and sealed by the town clerk. The recall petition shall be returned to the office
of the town clerk not later than 5 o'clock in the afternoon on or before the first work
day following 20 days after the date they are issued, signed by at least 10 percent of
the total number of qualified persons registered to vote in the town as of the date the
affidavit was filed with the town clerk. To every signature shall be added the place of
residence of the signer, giving the street and number, if any. One of the 10 persons to
whom the recall petition forms are issued shall make an affidavit on each page that
statements therein contained are true, and that each signature appended to the
petition is the genuine signature of the person whose name it purports to be. The
town clerk shall forthwith, following the day of such filing with the, office of the town
clerk, submit the recall petition forms to the board of registrars of voters which shall,
within 5 work days after the day of receipt, certify in writing thereon the number of
signatures which are those of qualified persons registered to vote in the town as of
the date the affidavit was filed with the town clerk. The board of registrars of voters,
upon the completion of its certification, shall return the recall petition forms to the town
clerk.
(g) If the recall petition forms shall be certified by the board of registrars of voters to
contain at least 10 per cent of the qualified persons registered to vote, and if the
petition shall be found and certified by the town clerk to be sufficient, the town clerk
shall give notice without delay, in writing, to the elected officer whose recall is sought
by sending to the officer a copy of the affidavit and the recall petition form together
with notice, of the number of qualified voters certified by the board of registrars of
voters who signed the recall petition forms and the total number of qualified voters in
the town as of the most recent town election. If the officer to whom notice is directed
by the town clerk does not resign the office within 5 days following the receipt of the
notice from the town clerk, the town Clerk shall give notice in writing to the board of
selectmen not later than 1 work day following the expiration of the said 5 days. The
board of selectmen shall order a special election to be held not more than 90 days
after receipt of notice from the town clerk as foresaid, and not less than 64 days from
the date of the order. If any other town election to be held within 100 days of receipt
by the board of selectmen of notice from the town clerk, the recall election shall be
postponed and shall be held at the time and in conjunction with the other election. If
vacancy occurs in the office for any reason after the board of selectmen has ordered
a recall election, the recall election shall nevertheless proceed as provided for herein.
(h) An officer sought to be removed may be a candidate to succeed himself, and unless
he requests otherwise in writing, the town clerk shall place his name on the ballot
10
without nomination. The number of signatures of qualified voters required to place
the name of a candidate on the official ballot for use at a recall election shall not be
less than 25. The publication of the warrant for recall election and the conduct of the
recall election shall be in accordance with the General Laws regulating elections,
unless otherwise provided in this act.
(i) The incumbent shall continue to perform the duties of his office until the recall
election. If then reelected, he shall continue in office for the remainder of his
unexpired term subject to recall as before, except as provided in this section. If not
reelected in the recall election, he shall be deemed removed upon the qualification of
his successor, who shall hold office during the unexpired term. If the successor fails
to qualify within 5 days after receiving notification of his election, the incumbent shall
thereupon be deemed removed and the office vacant.
Q) The ballots used at the recall election shall submit the following propositions in the
order indicated:
For the recall of(name of officer) {}
Against the recall of(name of officer){}
Immediately at the right of each proposition there shall be a square in which the voter, by making
across mark (X) may vote for either of the propositions. Under the propositions shall appear the word
"Candidates" and the directions for the voters required by law, and beneath the word "Candidates" shall
be the names of candidates nominated.
If a majority of the votes cast is against the recall, the votes for the candidates need not be
counted. If a majority of the votes cast is in favor of the recall, the officer shall be deemed to be recalled
and the ballots for candidates shall then be counted. The candidate receiving the highest number of
votes shall be declared elected. IF the officer is recalled, he shall be deemed removed upon certification
of the election results by the town clerk. The candidate receiving the highest vote and therefore elected,
shall serve for the balance of the unexpired term of the officer removed.
(f)A recall petition shall not be filed against an officer within 6 months after he takes office, nor, in
the case of an officer elected in a recall election, until 6 months after that election. A recall shall not be
filed against an officer subjected to a recall election, and not recalled thereby, until at least 6 months after
the election at which his recall was submitted to the voters.
(g) A person who has been recalled from an office, or who has resigned from office while recall
proceedings were pending against him/her, shall not be appointed to any town office within 1 year after
the recall or resignation.
SECTION 2. This act shall take effect upon passage.
Amendment offered by the Advisory Committee. Moved that the sentence beginning "One hundred
or more of qualified voter be replaced with two hundred fifty or more qualified voter and whenever 10%
occurs in the text be replace with 20%. Section 2A of Article 16 is hereby amended by adding the
following new section 2A(h): A recall petition shall not be filed against an officer during the term in office
that commenced at any time before December 6, 2004.
Amendment offered by Thomas Callahan. Moved that a recall may only be sought if the following
applies to the official being recalled:
1. Conviction of a crime or misdemeanor by a court of competent jurisdiction; or
2. A finding of conflict of interest by the appropriate state authority.
Amendment offered by Thomas Callahan is defeated.
Amendment offered by the Advisory Committee is adopted.
Amendment offered by Lucia Woods. Moved the proponents for the recall shall be responsible for the
costs, charges and expense that the Town would incur in holding such an election.
Amendment offered by Lucia Woods is defeated.
Hand count taken on main motion as amended. Yes 60. No 93. Motion is defeated.
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Article 9:
To see if the Town will vote to raise and appropriate, transfer from available funds and/or borrow,
pursuant to any applicable statute, the sum of $600,000, to be expended by the Town Manager, for
engineering, permitting, rebuilding, reconstructing and making extraordinary repairs to the seawall on
Border Street between Atlantica and the Mill River Marine.
Moved that $600,000 be hereby appropriated, to be expended by the Town Manager, for engineering,
permitting and for the rebuilding, reconstruction of, and making of extraordinary repairs to the seawall on
Border Street between Atlantica and the Mill River Marine, and to meet this appropriation, the Treasurer
of the town, with the approval of the Board of Selectmen, borrow $600,000 for this purpose and issue
notes and bonds of the town therefore.
A 2/3's vote is required.
Motion adopted unanimously.
Article10:
To see if the Town will vote to amend Article XI, Section 5(f), Longevity Pay, of the Town Personnel
Bylaws according to the schedule listed below, and to fund such amendment by raising and appropriating
and/or transferring from available funds the sum of$3,000, to be allocated by the Town Accountant to the
appropriate departments.
Length of Service Current Amount New Amount
Five Years $200 $350
Ten Years $400 $550
Fifteen Years $600 $750
Twenty Years $800 $950
Twenty Five Years $800 $1,050
Moved that Article XI, Section 5(f), Longevity Pay, of the Town Personnel By-laws be hereby amended in
accordance with the below listed schedule, and to fund such amendment, that $3,000 be raised and
appropriated from the FY '05 tax levy and other general revenues of the Town to be allocated by the
Town Accountant to the appropriate departments.
Length of Service Current Amount New Amount
Five Years $200 $350
Ten Years $400 $550
Fifteen Years $600 $750
Twenty Years $800 $950
Twenty Five Years $800 $1,050
Motion adopted unanimously.
Article 11:
To see if the Town will vote to raise and appropriate, transfer from available funds and/or borrow,
pursuant to any applicable statute, the sum of $30,000, to be expended by the Town Manager, for
engineering services related to the reconstruction and improvement of the Beechwood Ball Park.
Moved that this article be indefinitely postponed.
Motion adopted unanimously.
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Article 12:
To see if the Town will vote, pursuant to M.G.L. c.40 15A, to authorize a change in use of a certain parcel
from cemetery use to general municipal purposes and to transfer custody, jurisdiction and control of such
parcel from the Cemetery Commission to the Board of Selectmen. The parcel is a portion of the land
known as Woodside Cemetery, which is located on Assessors' Map 74, Parcel 001 z. Said parcel has
been declared surplus by the Superintendent of Woodside Cemetery and by the Board of Selectmen
acting in their capacity as Cemetery Commissioners.
Moved that, pursuant to M.G.L. c. 40, §15A, a change in use of a certain parcel described below be
authorized and approved from cemetery use to general municipal purposes: the parcel is a portion of the
lands known as Woodside Cemetery consisting of approximately 83,282 square feet of land (the "Surplus
Parcel") called the "Surplus Area" on the plan entitled "Surplus Area of Cemetery Land located on Route
3A in Cohasset, Massachusetts" being a portion of Assessor's Map 74 Parcel 001x (the"Property"), which
is more particularly described in the deed to the Town recorded in Norfolk Registry of Deeds Book 567
Page 431; and further that the Board of Selectmen is hereby authorized to execute and deliver an
amendment to the existing restriction on the Property in order to release the Surplus Parcel from the
restriction, to extend the term of the restriction as applicable to the balance of the Property up to 100
years, to provide for green screen on the Property's boundary with Route 3A, and other such provisions
as the Board of Selectmen may in their discretion deem necessary and appropriate.
A 2/3's vote is required.
Motion adopted unanimously.
Article 13:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow
pursuant to any applicable statute, a sum or sums of money for the Water Commission to complete
various water system improvement projects including, but not limited to, improvements to the Lily Pond
Water Treatment Plant, cleaning and lining water pipes, replacing water pipes, capital maintenance, and
other improvements to wells, storage tanks, and water distribution system, the purchase, acquisition, or
taking by eminent domain of property, and other measures to protect the sources of public drinking water
supply and further that this article is intended to take effect upon passage in Fiscal Year 2005.
Moved that $2,000,000, be appropriated for the Water Commission to complete various water system
improvement projects including, but not limited to, improvements to the Lily Pond Water Treatment Plant,
cleaning and lining water pipes, replacing water pipes, capital maintenance, and other improvements to
wells, storage tanks, and water distribution system, the purchase, acquisition, or taking by eminent
domain of property, and other measures to protect the sources of public drinking water supply; that this
appropriation is intended to take effect upon passage in the Fiscal Year 2005; and that to meet this
appropriation, the Treasurer of the Town, with the approval of The Board of Selectmen, is authorized to
borrow $2,000,000 and to issue notes and bonds of the Town therefore, it being the intent that such
borrowing be general obligation bonds of the Town with the principal and interest thereon to be paid from
Water Commission revenues.
A 2/3's vote is required.
Motion adopted by the required 2/3's.
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Article 14:
To see if the Town will vote to accept the provision of Massachusetts General Laws Chapter 41, Section
19K relative to the compensation of the Town Clerk, the text of which statute is set forth below, and in
order to meet the obligations of said Section 19K, vote to raise and appropriate, transfer from available
funds or otherwise provide the sum of $1,000 to be added to the amount voted under Town Clerk
Personal Services, as voted at the Annual Town Meeting of March 27, 2004.
Section 19K. In any town that accepts this section, a town clerk who has completed the necessary
courses of study and training, and been awarded a certificate by the Massachusetts Town Clerks'
Association as a certified Massachusetts municipal clerk, shall receive as compensation from such town,
in addition to the regular annual compensation paid by such town for services in such office, an amount
equal to 10 percent of such regular compensation, but no more than $1,000 per year. In order to qualify
for such additional compensation, a town clerk shall submit to the board of selectmen of such town proof
of the award of such certificate. The additional compensation provided in this section shall be prorated for
any 12 month period in which an eligible person does not hold the office of town clerk for 12 consecutive
months. Such additional compensation shall discontinue when certification is discontinued or withdrawn.
Moved that Massachusetts General Laws Chapter 41, Section 19K be accepted by the Town of
Cohasset, and that, in order to meet the obligations of said Section 19K, $1,000 be raised and
appropriated from the FY '05 tax levy and other general revenues of the Town, to be added to the amount
voted with respect to the motion pursuant to Article 3 for Town Clerk Personal Services at the Annual
Town Meeting of March 27, 2004.
Motion adopted unanimously.
Article 15:
To see if the Town will vote to authorize the Board of Selectmen to enter into an Intermunicipal
agreement with another town or towns pursuant to M.G.L. c.40, sec. 4A, to share the cost of purchasing,
equipping and maintaining an unmanned ambulance for a period not to exceed twenty-five years, and
upon such other terms and conditions as the parties may agree.
Moved that the Board of Selectmen be hereby authorized to enter into an Intermunicipal agreement with
another town or towns, pursuant to M.G.L. c.40, sec. 4A, to share the cost of purchasing, equipping and
maintaining an unmanned ambulance for a period not to exceed twenty five years, and upon such other
terms and conditions as the parties may agree.
Motion adopted unanimously.
Article 17:
To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum or sums
of money for the Water Resources Protection Committee to participate in the South Shore Greenscapes
Program and to take other actions to promote the use of environmentally friendly lawn care practices in
Cohasset; and further that this article is intended to take effect upon passage in Fiscal Year 2005.
Moved that $5,000 be hereby appropriated for the Water Resources Protection Committee to participate
in the South Shore Greenscapes Program and to take other actions to promote the use of
environmentally friendly lawn care practices in Cohasset; that this appropriation is to take effect upon
passage in FY 2005, and that to meet this appropriation $2,500 be raised from FY '05 tax levy and other
general revenues of the Town, and an additional $2,500 be appropriated to this purpose from Water
Department revenues.
Motion adopted unanimously.
It was moved and seconded that the Special Town Meeting be dissolved at 10 p.m.
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A true record, ATTEST:
Marion L. Douglas
Town Clerk
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