HomeMy WebLinkAboutMinutes - TM - 03/27/1999INDEX --- ANNUAL TOWN MEETING
MARCH 27, 1999
ARTICLE # DESCRIPTION OF ARTICLE
1 Reports of Town Officers. Motion defeated.
2 Reports of Committees. Adopted unanimously.
3 Operating budget. Motion adopted.
4 Road maintenance. Motion withdrawn.
5 Unpaid bills. Motion adopted.
6 Departmental transfers. Motion adopted.
7 Second amended judgment. Adopted unanimously.
8 Milliken field upgrade. Adopted unanimously.
9 Y2K compliance. Adopted unanimously.
10 Master plan funding. Motion withdrawn.
11 Water Y2K compliance. Adopted unanimously.
12 Construction drawings Deer Hill & Middle Schools. Motion adopted.
13 Osgood School --- additional funding. Motion adopted.
14 Unpaid bills. Adopted unanimously.
15 Funding for sewers Lily Pond. Motion adopted.
16 Sewer regulations. Motion withdrawn.
17 Fees & charges --- licenses, permits. Motion adopted.
18 Waiving of fees. Motion adopted as amended.
19 Refund $14,000 to St. Anthony’s. Motion adopted.
20 Water contracts. Motion withdrawn.
21 Thermal imaging camera. Motion withdrawn.
22 Special election finances. Motion defeated.
23 Binding initiative petition. Motion defeated.
24 On-site wastewater. Adopted unanimously.
25 Purchase sewer system at 100 Pond St. Motion withdrawn.
26 Tax exemptions. Motion adopted.
27 Tax exemption (senior citizen). Adopted unanimously.
28 Zoning change. Motion defeated.
Annual Town Meeting -- March 27, 1999
At the Annual Town Meeting held on Saturday, March 27, 1999 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 9:30 a.m.. were Jacquelyn McGuire, Carol St. Pierre, 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 10:10 a.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled 347. The Rev. Fr.
John Maheras gave the invocation.
Members of the Boy Scouts called the pledge of allegiance.
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 to adopt the following rules of procedure for the 1999 Annual Town Meeting: that at the beginning of the annual town meeting, the moderator shall call aloud each of the articles
printed in the warrant by number, that those articles for which any voter states a “hold” shall be held for further debate, that those articles upon which no hold has been placed shall
all then and there all collectively, by one motion, be adopted in accordance with the proposed Town Manager’s motions for each respective article, and that the remaining articles that
have been so held shall thereafter be called individually by the moderator for separate debate and vote, unless at the time the article is called, the hold thereon is withdrawn, in which
event the article shall then and there be voted upon without further debate.
Articles 4, 8, 10, 14, 16, 20, 21 and 25 were not held for debate.
Motion adopted unanimously.
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 repair, maintenance, resurfacing, paving and other improvements to certain streets in the Town, including any work related thereto.
Moved that this article be withdrawn from consideration.
Motion adopted unanimously.
Article 8.
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow a sum or sums of money, to be expended by the Town Manager in FY 1999, for the Department
of Public Works and Recreation Commission to repair and upgrade Milliken Field.
Moved that Nine Thousand ($9,000.00) Dollars be transferred from Surplus Revenue, to be expended by the Town Manger in FY 1999, for the Department of Public Works and Recreation Commission
to repair and upgrade Milliken Field.
Motion adopted unanimously.
Article 10.
To see if the Town will vote to raise and appropriate, transfer from available funds; and/or borrow a sum or sums of money, to be expended by the Town Manager in FY 1999 and thereafter,
to procure the services of a planner or planning organization to assist the Town in developing a Master Plan for the Town of Cohasset.
Moved that this article be withdrawn from consideration.
Motion adopted unanimously.
Article 14.
To see if the Town will vote to authorize the Board of Selectmen, effective upon passage of the article, to convey, sell, or otherwise dispose of, on such terms as the Board of Selectmen
deems appropriate, the land and building located at 24 South Main Street as shown on Assessors’ Map 27, Plot 38, and known as the Independence Building. This article shall take effect
upon its passage.
Moved That the Board of Selectmen, effective upon passage of this article, be hereby authorized to convey, sell, or otherwise dispose of, on such terms as the Board of Selectmen deems
appropriate, the land and building located at 24 South Main Street as shown on Assessors’ Map 27, Plot 38, and known as the Independence Building.
A 2/3 vote is required. Motion adopted unanimously.
Article 16.
To see if the Town will approve and authorize the implementation of the new “Sewer Rules and Regulations”, effective upon passage of the article, a copy of which is on file with the
Office of the Town Clerk.
Moved that this article be withdrawn from consideration.
Motion adopted unanimously.
Article 20.
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 THE OPERATION OF THE WATER DEPARTMENT OF THE TOWN OF COHASSET
Section 1. The purpose of this Act is to preserve the independent status of the Water Department, and to ensure that the elected Board of Water Commissioners will continue to have independent
authority to appoint employees, award contracts, and make expenditures for their department.
Section 2. The first sentence of paragraph (iii) of subsection (C) of section 4 of Chapter 34 of the Acts of 1997 is hereby amended by inserting after the words “school department” the
following words: “and water department”.
Section 3. Paragraph (v) of said subsection (C) of said section (4) of said chapter 34 is hereby amended by striking out subparagraph (i) and inserting in place thereof the following
subparagraph: “(i) Be responsible for the procurement for all town functions and departments, pursuant to the provisions of chapter 30B of the General Laws. Said town manager, shall
at the request of the school committee, delegate such duties for school department purchasing to an employee of said school committee as per the requirements of said chapter 30B. Said
town manager, shall at the request of the water commission, delegate such duties for water department purchasing to said water commission as requested by said commission pursuant to
the provisions of section 19 of said chapter 30B. Notwithstanding any provisions of this act, the school committee and water commission shall have exclusive authority to make expenditures
and award contracts for their respective departments under chapter 30B and for all other matters under their jurisdiction.
Section 4. This act shall take effect upon its passage.
CITIZENS’ PETITION
NAME ADDRESS
John K. McNabb, Jr. 53 Pond Street
Richard D. Muncey 40 Hill Street
Robert E. Kasameyer 17 Pond Street
Frederick R. Koed 92 Pleasant Street
Peter J. Pratt 75 Ripley Road
James R. Lennon 20 Tad Lane
Herbert G. Lipsett 34 Pond Street
Kenneth R. Jason 35 Arrowwood Street
Robert M. Davenport 17 Black Horse Lane
Tanna B. Kasperowicz 172 South Main Street
Moved that this article be withdrawn from consideration.
Motion adopted unanimously.
Article 21:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow a sum or sums of money, to be expended by the Town Manager, for the purpose of purchasing
a Hands Free Thermal Imaging Camera for the Fire Department, and all other cost.
CITIZENS’ PETITION
NAME ADDRESS
Bruce Pratt 83 Sohier Street
William T. McGuire 6 Reservoir Road
George Broderick 444 King Street
Eric Washak 81 Hull Street
Steven L. Maynard 326 King Street
Ian Fitzpatrick 60 Pleasant Street
Hermon J. Maynard 326 King Street
William McArthur 417 Beechwood Street
Joseph A. Migliaccio 79 Ripley Road
Philip A. Pratt 83 Sohier Street
Moved that this article be withdrawn from consideration.
Motion adopted unanimously.
Article 25.
To see if the Town will vote to authorize the Town, acting through its Town Manager, to acquire, by purchase, gift, or eminent domain, the property interests necessary to acquire the
private sewer system serving the 100 Pond Street Condominiums and after acquisition to commit such system to the jurisdiction of the Sewer Commission for incorporation into the Town
sewer system, as follows:
(i) acquisition of all buildings, pipes and equipment which together comprise the private sewer system serving the 100 Pond Street Condominiums, which is located at 100 Pond street,
Cohasset, MA, shown on portions of Cohasset Assessors’ Map 48, and created by Master deed dated January 31, 1984, recorded at Norfolk Registry of Deeds Book 6336, Page 588, as it
may have been amended (the “Master Deed”), including without limitation the existing building, processing plant, open sand beds, septic tanks, and sewer pipes;
(ii) acquisition of an appropriate interest in all or portions of the real property described in the Master Deed, being the land shown on the plan entitled “Definitive Plan of One
Hundred Pond Street, Cohasset, Mass. owned by Frederick A. Thayer, Jr.” filed with the Norfolk Registry of Deeds in Plan Book 303, as Plan No. 471 of 1983, sufficient to provide the
Town access to all portions of the 100 Pond Street sewer system for the sewer system as a component of the Town sewer system.
Moved that this article be withdrawn from consideration.
Motion adopted unanimously.
Article 1.
To act upon the reports of the various Town Officers as printed in the Annual Town Report for 1998.
Moved that the reports of the various Town Officers as printed in the Annual Town Report for 1998 be accepted, and filed with the permanent records of the Town.
Motion is defeated.
Article 2.
To hear the reports of any Committee heretofore chosen and act thereon.
Moved that the reports of any Committee heretofore chosen be heard and accepted and that committee continue in office.
Motion adopted unanimously.
Article 3.
To see if the Town will vote to fix salaries and compensation of Elected Officers, and to see what 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 ensuing fiscal year.
SEE APPENDICES A & B
Moved that Twenty Million Two Hundred Fifty Six Thousand Four Hundred Twelve ($20,256,412.00) Dollars be appropriated for the Fiscal Year 2000 Annual Town Budget be allotted as follows:
Fifty Four Thousand Five Hundred Thirty ($54,530.00) Dollars for salaries of elected Town Officials consisting of the Town Clerk, $45,000.00; Clerk, Board of Registrars, $329.00; Moderator,
$1.00; Selectmen, Chairman, $1,500.00, Members (4) at $1,000.00, $4,000.00; Board of Assessors, Chairman, $1,300.00, Members (2) at $1,200.00, $2,400.00; and the remaining Twenty Million
Two Hundred One Thousand Eight Hundred Eighty Two ($20,201,882.00) Dollars for Personal Services, Expenses and Capital Outlays, Interest on Maturing Debt and other charges for the various
departments as recommended for purposes shown in Appendix A and Appendix B of the Warrant for the 1999 Annual Town Meeting, a copy of which Appendices are incorporated here by reference,
and to meet the appropriation, the following transfers are made:
$1,639,244.00 from Water Revenue
$ 60,000.00 from Pension Reserve
and the remaining balance of $18,557,168.00 is raised from taxation and other general revenues of the Town; and further that the Salary Rate and Schedule as printed in the Warrant and
shown in Appendix B be adopted.`
Amendment offered by Diane Sullivan.
Moved that the main motion , Article 3, or the Town Warrant for the Annual Town Meeting March 27, 1999 be amended. That the line item “Total Cohasset Public Schools” be reduced by
$54,000.00 and the total School budget shall read $8,860,366.00.
Amendment is defeated.
Main motion adopted.
Resolution offered by Elsa Miller, member of Board of Assessors for James Lagrotteria.
BE IT ACKNOWLEDGED THAT:
WHEREAS, Jim Lagrotteria has served the Town of Cohasset in many phases of the Town’s operation but most particularly his dedication since 1988 as the Chairman of the Board of Assessors.
It is pertinent to make mention of his contributions;
WHEREAS, Jim Lagrotteria is responsible for instituting an “in-house” revaluation system.
WHEREAS, he created and implemented the first full-time Assessors position in the town.
WHEREAS, Jim Lagrotteria is responsible for the collection of the reimbursement money available from the State to the town of “exemption” monies.
WHEREAS, he is responsible for bringing the Town of Cohasset Assessing Department into the computer age.
NOW, THEREFORE, be it resolved that the citizens of Cohasset and the Assessing Department, in the Town Meeting assembled this 27th day of March 1999, express their sincere appreciation
to Jim Lagrotteria for his dedication and major contributions made to the Town and particularly those for Assessing Department.
Resolution adopted unanimously.
Article 5.
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 in FY 1999, to pay for unpaid bills from previous fiscal years.
VENDOR AMOUNT REQUESTED
Warner & Stackpole $40,000.00
Circuit City 53.00
TOTAL $40,053.00
Moved that Forty Thousand Fifty Three ($40,053.00) Dollars be transferred from Surplus Revenue, to be expended by the Town Manager in FY 1999, to pay for the following unpaid bills from
previous fiscal years:
Warner & Stackpole $40,000.00
Circuit City $ 53.00
Total $40,053.00
A 4/5 vote is required
Motion is adopted by the necessary 4/5’s.
Article 6.
To see if the Town will vote to raise and appropriate, transfer from available funds, a sum or sums of money, to be expended by the Town Manager, needed by various departmental budgets
and appropriations to complete the fiscal year ending June 30, 1999.
AMOUNT
TO BE
DEPARTMENT BUDGET TRANSFERRED PURPOSE
Fire Department Salaries $ 27,000.00 Overtime Costs
Police Department Salaries 20,000.00 Overtime Costs
Legal Expenses 50,000.00 CHL Negotiations
Medicare Tax - Employer
Contribution 14,000.00 Budget Shortfall
Selectmen Expenses 3,100.00 Engineered Plans
School Department Expenses $350,000.00 Special Education Costs
TOTAL $464,100.00
Moved that Four Hundred Ninety Four Thousand One Hundred ($494,100.00) Dollars, to be expended by the Town Manager, needed by various departmental budgets and appropriations to complete
the fiscal year ending June 30, 1999, be transferred as follows:
Transfer Funds From:
Surplus Revenue $280,100.00
Health Insurance $ 14,000.00
Short Term Interest $ 50,000.00
Article 28, 10/26/98 STM $150,000.00
Total $494,100.00
Transfer Funds To:
Fire Department Personal Services $ 30,000.00
Police Department Personal Services $ 30,000.00
Legal Budget - General Expenses $ 67,000.00
Medicare Tax - Employer Contribution $ 14,000.00
Board of Selectmen - General Expenses $ 3,100.00
School - Other Than Public $350,000.00
Total $494,100.00
Motion is adopted.
Resolution offered by Kathleen Ofsthun, Vice-Chairman of the School Committee.
WHEREAS, Richard Shea has served the students of Cohasset and all citizens for three years as a member of the School Committee, this year as its Chairman, and previously as the Chairman
of the Cohasset Education Foundation;
WHEREAS, Mr. Shea has devoted his time and many talents to the betterment of education in Cohasset through technology advances and facilities improvements;
WHEREAS, he has deliberated effectively and with equanimity in budget and contract negotiations, skillfully applying his financial expertise;
And, whereas, he has provided inspirational leadership and guidance with wit and aplomb;
Be it therefore resolved by we, his fellow members of the Cohasset School Committee, and the townspeople represented by those gathered in Town Meeting this twenty-seventh day of March,
1999, that Richard Shea is gratefully acknowledged for his large role in furthering excellence in education and will be remembered hereafter as a friend of education in Cohasset.
Resolution adopted unanimously.
Article 7.
To see if the Town will vote to ratify and confirm, effective upon passage of this article, an amendment to the Second Amended Judgment in the form on file with the Office of the Board
of Selectmen.
Moved that an amendment, dated December 14 and 15, 1998, to the Second Amended Judgment, in the form on file with the Office of the Board of Selectmen in the case, Commonwealth of Massachusetts
v. Town of Cohasset, Suffolk Superior Court, Civil Action Number 38-652, be hereby ratified and confirmed, effective upon passage of this article.
Motion adopted unanimously.
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, a sum or sums of money, to be expended by the
Town Manager in FY 1999 and thereafter, for hardware, software, professional services, and for emergency contingency planning for the purpose of bringing all Town Computers and related
equipment into so-called Y2K compliance.
Moved that Fifteen Thousand ($15,000.00) Dollars be transferred from Surplus Revenue, to be expended by the Town Manager in FY 1999 and thereafter, for hardware, software, professional
services, and for emergency contingency planning for the purpose of bringing all Town computers and related equipment into so-called Y2K Compliance.
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, a sum or sums of money, with the intention that
these funds be available in FY 1999 and thereafter, for the Water Commission to:
(a) inventory, assess, remediate, and test Water Department capital facilities and equipment to bring said facilities into compliance with the state standards for the Year 2000 computer
problem in computer hardware, software, and embedded computer chips; including the preparation and implementation of an emergency contingency plan; and
(b) repair and replace capital facilities of the water treatment plant and water distribution system.
Moved that Twenty Thousand ($20,000.00) Dollars be transferred from Water Department Maturing Debt - Interest as voted in Article 3 of the 1998 Annual Town Meeting, with the intention
that these funds be available in FY 99 and thereafter, for the Water Commission to inventory, assess, test, replace, upgrade, and remediate Water Department capital facilities, supplies,
systems, and equipment to bring said Department into compliance with the state standards for the Year 2000 Century change computer problem in computer hardware, software, and embedded
computer chips; including the preparation and implementation of an emergency contingency plan to prepare the Water Department for potential Year 2000 problems which may interfere with
the ability of the Water Department to continue the uninterrupted delivery of water, and, further, that the motion adopted under Article 3 of the October 26, 1998 Special Town Meeting
pertaining to the Water Distribution System Repairs and Improvements, be amended by inserting the words "Church Street" following the words "Doane Street".
Motion adopted unanimously.
Resolution offered by Dr. Woods.
RESOLVED
That the Town of Cohasset express its appreciation, in his imminent retirement, to the Chairman of the Sewer Commission, Mr. Edward Mills Guild, for an unusually lengthy term of 16
years of arduous, dedicated service.
Resolution adopted unanimously.
Article 12.
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, with the intention that
these funds be available in FY 99 and thereafter, to be expended by the School Committee and the Town Manager, for the purpose of retaining architects, engineers or other professional
services to develop construction drawings and bid documents to make various improvements and repairs, including handicapped improvements, to the Middle High School and Deer Hill Elementary
School, and to return to the 1999 Fall Special Town Meeting for the actual construction funds.
Moved that Two Hundred Fifty Thousand ($250,000.00) Dollars be hereby appropriated, with the intention that these funds be available in FY 99 and thereafter, to be expended jointly by
the School Committee and the Town Manager, for the purpose of retaining architects, engineers or other professional services to develop construction drawings and bid documents to make
various improvements and repairs, including handicapped improvements, to the Middle High School and Deer Hill Elementary School, and to return to the 1999 Fall Special Town Meeting for
the actual construction funds, and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Two Hundred Fifty Thousand
($250,000.00) Dollars, under and pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the
Town, therefore.
A 2/3 vote is required. Motion adopted by the necessary 2/3’s.
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, with the intention that
these funds be available in FY 99 and thereafter, to be expended by the School Facilities Committee, for the purpose of completing the construction of the Osgood Elementary School and
all costs associated and in relation thereto.
Moved that Two Hundred Forty Four Thousand Five Hundred ($244,500.00) Dollars be hereby appropriated, with the intention that these funds be available in FY 99 and thereafter, to be
expended by the School Facilities Committee, for the purpose of completing the construction of the Osgood Elementary School and all costs associated and in relation thereto, and, that
to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Two Hundred Forty Four Thousand Five Hundred ($244,500.00) Dollars,
under and pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town, therefore.
A 2/3 vote is required. Motion adopted by the necessary 2/3’s.
Resolution offered by Roseanne McMorris, Chairwoman of the Board of Selectmen.
WHEREAS, HERMON J. MAYNARD has served the Town of Cohasset as a Call Firefighter for twenty-nine years; and
WHEREAS, he has approached his duties in a responsible manner by completing courses in engine and ladder company operations, tactics and strategy, nature of fire, forcible entry and
ventilation, has successfully finished the training program “Firefighter I” designed by the Massachusetts Firefighting Academy, and has been certified as a “First Responder” in first
aid; and
WHEREAS, he has been commended on numerous occasions for his valorous response during emergency incidents; and
WHEREAS, he has fulfilled with bravery and honor the many duties and obligations placed upon him as a Call Firefighter;
NOW, THEREFORE, BE IT RESOLVED, that we, the Board of Selectmen, on the occasion of his retirement from the Call Firefighting force of the Town of Cohasset, commend him on his dedication
to duty and his meritorious service to the Town and its inhabitants.
GIVEN under our hands and the seal of the Town of Cohasset, this 27th day of March, in the year One Thousand Nine Hundred and Ninety-Nine.
Article 15.
To see what sums of money the Town will raise and appropriate, transfer from available funds; and/or borrow from the Massachusetts Water Pollution Abatement Trust, or otherwise borrow
pursuant to any applicable statute, with the intention that these funds be available in FY 99 and thereafter, to be expended by the Town Manager, to supplement the funding for the Central
Cohasset Sewer Project as voted in Article 5 of the March 1997 Special Town Meeting and, further, that the Treasurer of the Town, with the approval of the Board of Selectmen, borrow
such supplemental sum or sums of money to supplement Article 5 of the March 1997 Special Town Meeting funding for the design, engineering, construction, and installation of said project
which borrowing is to be repaid by betterments assessed upon the properties benefited thereby; provided, however, a sum of money equal to one half of the principal and interest applicable
to such supplemental borrowing is to be appropriated from the tax levy and other general revenues of the Town contingent upon a vote of the Town to exempt such one half allocation of
costs from the limitation on taxes contained in Proposition 2 1/2 so called, by means of a debt exclusion override.
Moved that One Million Three Hundred Thousand ($1,300,000.00) Dollars is hereby appropriated, with the intention that these funds be available in FY 99 and thereafter, to be expended
by the Town Manager, to supplement the funding for the Central Cohasset Sewer Project as voted in Article 5 of the March 1997 Special Town Meeting and, further, that the Treasurer, with
the approval of the Board of Selectmen, is authorized to borrow an additional One Million Three Hundred Thousand ($1,300,000.00) Dollars from the Massachusetts Water Pollution Abatement
Trust, or otherwise, to supplement Article 5 of the March 1997 Special Town Meeting funding for the design, engineering, construction, and installation of said project which borrowing
shall be a general obligation of the Town, although it is the intent of the Town that the debt service on such borrowing shall be paid by betterments upon the properties benefited thereby;
provided, however, a sum of money equal to one half of the principal and interest applicable to such supplemental borrowing is to be appropriated from the tax levy and other general
revenues of the Town contingent upon a vote of the Town to exempt such one half allocation of costs from the limitation on taxes contained in Proposition 2½, so called, by means of a
debt exclusion override.
A 2/3 vote is required. Motion adopted by the necessary 2/3’s.
Article 17.
To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 40, Section 22F, as amended, entitled “Fees and Charges for Licenses, Permits, and Work Performed”,
which reads, in part, as follows:
“Any municipal board or officer empowered to issue a license, permit, certificate, or to render a service or perform work for a person or class of persons, may, from time to time, fix
reasonable fees for all such licenses, permits, or certificates issued pursuant to statutes or regulations wherein the entire proceeds for the fee remain with such issuing city or town,
and may fix reasonable charges to be paid for any service rendered for work performed by the city or town or any department thereof, for any person or class of persons; provided, however,
that in the case of a board or officer appointed by an elected board, the fixing of such fee shall be subject to the review and approval of such elected board.”
Moved that the provisions of Massachusetts General Laws, Chapter 40, §22F, as amended, entitled "Fees and Charges for Licenses, Permits, and Work Performed", be accepted.
Motion adopted unanimously.
Article 18.
To see if the Town will vote to adopt the following general bylaw entitled “License and Permit Fees”.
LICENSE AND PERMIT FEES
1. Authority to Establish Fees.
A. The Board of Selectmen is authorized to establish from time to time fees and charges for licenses, permits and other municipal purposes granted by departments under the Board’s jurisdiction,
such authority hereby granted and such fees and charges established to be consistent with the General Laws of the Commonwealth.
B. No fee or charge, the amount of which is fixed by the Board of Selectmen, shall be charged or imposed on a non profit, religious, public, or charitable entity.
Moved that the following general bylaw entitled "License and Permit Fees" be adopted.
LICENSE AND PERMIT FEES
§1. Authority to Establish Fees.
A. The Board of Selectmen is authorized to establish from time to time fees and charges for licenses, permits and other municipal purposes granted by departments under the Board's jurisdiction,
such authority hereby granted and such fees and charges established to be consistent with the General Laws of the Commonwealth.
B. No fee or charge, the amount of which is fixed by the Board of Selectmen, shall be charged or imposed on a non profit, religious, public, or charitable entity.
Amendment offered by Merle Brown.
Moved to separate Section A than Section B.
Motion is defeated.
Moved to delete section B.
Motion is adopted. Main motion as amended is adopted.
Article 19.
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 refund to any nonprofit,
religious, public or charitable entity, the amount of such entity has paid to the Town as a fee within the meaning of Article 18 of this Warrant during the current fiscal year.
Moved that Fourteen Thousand ($14,000.00) Dollars be transferred from Surplus Revenue, to refund to any nonprofit, religious, public or charitable entity, the amount such entity has
paid to the Town as a fee within the meaning of Article 18 of this Warrant during the current (1999) fiscal year.
Moved by Michael Sullivan to indefinitely postpone Article 19. Motion to indefinitely postpone was defeated.
Main motion is adopted.
Resolution offered by S. Woodworth Chittick
BE IT RESOLVED THAT:
WHEREAS, Mark G. DeGiacomo has served as a member of the Zoning Board of Appeals for 15 years, including almost 4 years as Chairperson of that Board, exemplifying the highest standards
of wisdom, calmness, and fairness at all Board hearings and deliberations; and
WHEREAS, in 1998, Mark DeGiacomo decided to continue his service to the Town as an elected member of the School Committee, which necessitated his resignation from the Zoning Board of
Appeals; and
WHEREAS, Mark DeGiacomo has continued to lend his expertise on Zoning matters to the Town Selectmen after his resignation, to the present; and
WHEREAS, in conjunction with his service on, and in behalf of, The Zoning Board Mark DeGiacomo has spent hundreds of hours as a volunteer for the good of the Town; and
WHEREAS, the Town has greatly benefited from Mark DeGiacomo’s contributions of time, expertise, talent, and common sense,
NOW THEREFORE, be it resolved that the citizens of Cohasset, in Town Meeting here assembled, hereby record their sincere appreciation for the long and devoted service rendered by the
Town of Cohasset, by Mark DeGiacomo, as a member of the Zoning Board of Appeals.
Resolution adopted unanimously.
Article 22.
To see if the Town will vote to approve a petition of 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 TO ESTABLISH A SPECIAL ELECTION IN THE TOWN OF COHASSET PERTAINING TO FINANCIAL MATTERS
Section 1. Selectmen shall place on a Special Election Ballot for approval, all Annual and Special Town Meeting Warrant Articles pertaining to financial matters, with the exception of
the Operating Budget.
Section 2. This act shall take effect upon passage.
CITIZENS’ PETITION
NAME ADDRESS
Lenora Jenkins 198 Jerusalem Road
Will Smith 400 Atlantic Avenue
Tanna B. Kasperowicz 172 South Main Street
Marjorie Smith 400 Atlantic Avenue
Rebecca Jenkins 198 Jerusalem Road
Thaddeus Kasperowicz 172 South Main Street
Raymond Kasperowicz 172 South Main Street
F. Roy Fitzsimmons 116 Doane Street
Judith E. Fitzsimmons 116 Doane Street
Sean Fitzsimmons 116 Doane Street
Move to approve a petition of 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 TO ESTABLISH A SPECIAL ELECTION IN THE TOWN OF COHASSET PERTAINING TO CERTAIN FINANCIAL MATTERS
Section 1. Notwithstanding any laws to the contrary, the Board of Selectmen of the Town of Cohasset shall place on a special election ballot for approval by the voters of the Town of
Cohasset, all annual and special town meeting articles (with the exception of the Operating Budget) pertaining to transfers from surplus revenues known commonly as free cash and all
borrowing articles within the levy limit in excess of $25,000.00.
Section 2. This article shall take effect as to all town meeting warrants issued by the Board of Selectmen after passage of this act.
Amendment offered by Tanna Kasperowicz.
Moved that the General Court be requested to enact 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, and that the General Court be authorized to vary reasonably the form of the requested legislation, with the approval of the Board of Selectmen,
to accomplish the general public objections of this proposed special act, as follows.
Section 1. Notwithstanding any laws to the contrary, the Board of Selectmen of the Town of Cohasset shall place on a special election ballot for approval by the voters of the Town of
Cohasset, all annual and special town meeting articles (with the exception of the Operating Budget) pertaining to transfers from surplus revenues known commonly as free cash and all
borrowing articles within the levy limit in excess of $25,000.00.
Section 2. This article shall take effect as to all town meeting warrants issued by the Board of Selectmen after passage of this act.
Motion to amend is adopted.
Main motion as amended is defeated.
Article 23.
To see if the Town will vote to approve a petition of 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:
Section 1. The Board of Selectmen of the Town of Cohasset shall insert onto the official ballot for the next regular or special town election which occurs at least thirty days following
the date on which the petition is filed with the Town Clerk any proposed bylaw, resolution, or order upon written request by petition by fifteen (15%) percent or more of the registered
voters of the Town. A petition conforming to the requirements hereinafter provided shall be a binding initiative petition, and shall be acted upon as hereinafter provided.
Section 2. Signatures to initiative petitions need not be all on one paper. The papers constituting a petition shall be filed in the Office of the Town Clerk, with the endorsement thereon
of the names and addresses of three persons designated as filing the same. With each signature to the petition shall be stated the place of residence of the signer, giving the street
and number, if any.
Section 3. Within five days after filing of said petition, the registrars of voters shall ascertain by what number of registered voters the petition is signed, and what percentage that
number is of the total number of registered voters, and shall attach thereto their certificate showing the result of such examination. The Town Clerk shall forthwith transmit the said
certificate with the said petition to the Board of Selectmen, and at the same time shall send a copy of said certificate to one or more of the persons designated on the petition as filing
the same. When such certificate has been so transmitted, said petition shall be qualified for the ballot.
Section 4. A proposed measure under this act shall become effective if it shall be approved by registered voters of the Town of Cohasset equal in number to one third of the whole number
thereof, and also by a majority of the voters voting on such measure, but not otherwise. Said measure shall become effective thirty days following said approval, excepting changes to
the bylaws, which shall take effect only upon approval by the Attorney General pursuant to Section thirty-two of Chapter forty of the General Laws.
Section 5. The ballots used when voting upon a proposed measure under this act shall contain only a fair, concise summary of the measure, as determined by the Town Counsel, which shall
follow the question, “Do you approve of the measure summarized below?”
Section 6. If two or more proposed measures passed at the same election contain conflicting provisions, only the one receiving the greater number of affirmative votes shall take effect.
Section 7. This act shall take effect upon passage.
CITIZENS’ PETITION
NAME ADDRESS
Leonora Jenkins 198 Jerusalem Road
William B. Smith 400 Atlantic Avenue
Marjorie Smith 400 Atlantic Avenue
Tanna B. Kasperowicz 172 South Main Street
Raymond Kasperowicz 172 South Main Street
Thaddeus Kasperowicz 172 South Main Street
F. Roy Fitzsimmons 116 Doane Street
Sean Fitzsimmons 116 Doane Street
Judith E. Fitzsimmons 116 Doane Street
Andrew Fitzsimmons 116 Doane Street
Moved to approve a petition of 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 TO ESTABLISH A LOCAL BINDING INITIATIVE PETITION PROCESS IN THE TOWN OF COHASSET
Section 1. The Board of Selectmen of the Town of Cohasset shall insert onto the official ballot for the next regular or special town election which occurs at least thirty days following
the date on which the petition is filed with the Town Clerk any proposed bylaw, resolution, or order upon written request by petition by fifteen (15%) percent or more of the registered
voters of the Town. A petition conforming to the requirements hereinafter provided shall be a binding initiative petition, and shall be acted upon as hereinafter provided.
Section 2. Signatures to initiative petitions need not be all on one paper. The papers constituting a petition shall be filed in the Office of the Town Clerk, with the endorsement thereon
of the names and addresses of three persons designated as filing the same. With each signature to the petition shall be stated the place of residence of the signer, giving the street
and number, if any.
Section 3. Within five days after filing of said petition, the registrars of voters shall ascertain by what number of registered voters the petition is signed, and what percentage that
number is of the total number of registered voters, and shall attach thereto their certificate showing the result of such examination. The Town Clerk shall forthwith transmit the said
certificate with the said petition to the Board of Selectmen, and at the same time shall send a copy of said certificate to one or more of the persons designated on the petition as filing
the same. When such certificate has been so transmitted, said petition shall be qualified for the ballot.
Section 4. A proposed measure under this act shall become effective if it shall be approved by registered voters of the Town of Cohasset equal in number to one third of the whole number
thereof, and also by a majority of the voters voting on such measure, but not otherwise. Said measure shall become effective thirty days following said approval, excepting changes to
the bylaws, which shall take effect only upon approval by the Attorney General pursuant to Section thirty-two of Chapter forty of the General Laws.
Section 5. The ballots used when voting upon a proposed measure under this act shall contain only a fair, concise summary of the measure, as determined by the Town Counsel, which shall
follow the question, "Do you approve of the measure summarized below?"
Section 6. If two or more proposed measures passed at the same election contain conflicting provisions, only the one receiving the greater number of affirmative votes shall take effect.
Section 7. This act shall take effect upon passage.
Amendment offered by Tanna Kasperowicz.
Moved that the General Court be requested to enact 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, and that the General Court be authorized to vary reasonably the form of the requested legislation, with the approval of the Board of Selectmen,
to accomplish the general public objections of this proposed special act, as follows.
AN ACT TO ESTABLISH A LOCAL BINDING INITIATIVE PETITION PROCESS IN THE TOWN OF COHASSET
Section 1. The Board of Selectmen of the Town of Cohasset shall insert onto the official ballot for the next regular or special town election which occurs at least forty-five days following
the date on which the petition is filed with the Town Clerk any proposed bylaw, resolution, or order upon written request by petition by fifteen (15%) percent or more of the registered
voters of the Town. A petition conforming to the requirements hereinafter provided shall be a binding initiative petition, and shall be acted upon as hereinafter provided.
Section 2. Signatures to initiative petitions need not be all on one paper. The papers constituting a petition shall be filed in the Office of the Town Clerk, with the endorsement thereon
of the names and addresses of three persons designated as filing the same. With each signature to the petition shall be stated the place of residence of the signer, giving the street
and number, if any.
Section 3. Within five days after filing of said petition, the registrars of voters shall ascertain by what number of registered voters the petition is signed, and what percentage that
number is of the total number of registered voters, and shall attach thereto their certificate showing the result of such examination. The Town Clerk shall forthwith transmit the said
certificate with the said petition to the Board of Selectmen, and at the same time shall send a copy of said certificate to one or more of the persons designated on the petition as filing
the same. When such certificate has been so transmitted, said petition shall be qualified for the ballot.
Section 4. A proposed measure under this act shall become effective if it shall be approved by registered voters of the Town of Cohasset equal in number to one third of the whole number
thereof, and also by a majority of the voters voting on such measure, but not otherwise. Said measure shall become effective thirty days following said approval, excepting changes to
the bylaws, which shall take effect only upon approval by the Attorney General pursuant to Section thirty-two of Chapter forty of the General Laws.
Section 5. The ballots used when voting upon a proposed measure under this act shall contain only a fair, concise summary of the measure, as determined by the Town Counsel, which shall
follow the question, "Do you approve of the measure summarized below?"
Section 6. If two or more proposed measures passed at the same election contain conflicting provisions, only the one receiving the greater number of affirmative votes shall take effect.
Section 7. This act shall take effect upon passage.
Motion to amend is adopted.
Main motion as amended is defeated.
Article 26.
To see if the Town will vote to accept Section 4 of Chapter 73 of the Acts of 1986 to grant an additional real estate tax exemption of not more than fifty (50%) percent. Such additional
exemption may be granted to persons who qualify for property tax exemption under clauses 17, 17C 1/2, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41 41B, 41C, 42 and 43 of Section 5
of Chapter 59 of the Massachusetts General Laws.
Moved that Section 4 of Chapter 73 of the Acts of 1986 to grant an additional real estate tax exemption of not more than fifty (50%) percent be hereby accepted by the Town.
Motion is adopted.
Article 27.
To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 59, Section 5, Clause (41C), real property, a senior citizen tax exemption program, a summary
of which is set forth below:
c. 59, Section 5, c.(41C)
“Real Property, to the amount of four thousand dollars of taxable valuation or the
sum of five hundred dollars, whichever would amount in an exemption of the greater amount of taxes due, of a person who has reached his seventieth birthday prior to the fiscal year for
which an exemption is sought and occupied by said person as his domicile, or of a person who owns the same jointly with his spouse, either of whom has reached his seventieth birthday
prior to the fiscal year for which an exemption is sought and occupied by them as their domicile, or for a person who has reached his seventieth birthday prior to the fiscal year for
which an exemption is sought who owns the same jointly or as a tenant in common with a person not his spouse and occupied by him as his domicile; provided:
(A) that such person (1) has been domiciled in the commonwealth for the preceding ten years, (2) has so owned and occupied such real property or other real property in the commonwealth
for five years, or (3) is a surviving spouse who inherits such real property and has occupied such real property in the commonwealth five years and who otherwise qualified under this
clause;
(B) that such person had, in the preceding year gross receipts from all sources of less than thirteen thousand dollars, or if married, combined gross receipts with his spouse of less
than fifteen thousand dollars, provided, however, that in computing the gross receipts of an applicant under this clause ordinary business expenses and losses may be deducted, but not
personal or family expenses; and provided, further, that there shall be deducted from the total amount received by the applicant under the federal social security or railroad retirement
and from any annuity, pension, or retirement plan established for employees of the United States government, the government of the commonwealth, or the government of any city, town,
county, or special district, included in such gross receipts, an amount equivalent to the minimum payment then payable under said federal social security law, as determined by the commissioner
of revenue, to a retired worker seventy years of age or over, if the applicant is unmarried, or to a retired worker and spouse, both of whom are seventy years of age or over, if the
applicant is married; and
(C) that such person had a whole estate, real and personal, not in excess of twenty-eight thousand dollars, or if married, not in excess of thirty thousand dollars, provided that real
property occupied as his domicile shall not be included in computing the whole estate except for any portion of said property which produces income and exceeds two dwelling units. In
the case of real property owned by a person jointly or as tenant in common with a person or his spouse, the amount of his exemption under this clause shall be that proportion of four
thousand dollars valuation or the sum of five hundred dollars, whichever would result in an exemption of the greater amount of taxes due, which the amount of his interest in such property
bears to the whole tax due, provided:
(A) that no exemption shall be granted to any joint tenant or tenant in common unless the gross receipts from all sources whatsoever of each join tenant or tenant in common is less than
thirteen thousand dollars or, if married, the combined gross receipts from all sources whatsoever, of each joint tenant or tenant in common and his spouse is less than fifteen thousand
dollars, provided, however, that in computing the gross receipts of an applicant under this clause ordinary business expenses and losses may be deducted, but not personal or family expense;
and further, that there shall be deducted from the total amount received by this applicant under the federal social security or railroad retirement and from any annuity, pension, or
retirement plan established for employees of the United States government, the government of the commonwealth, or the government of any city, town, county or special district, included
in such receipts, an amount equivalent to the minimum payment then payable under said federal social security law, as determined by the commissioner of revenue, to a retired worker seventy
years of age, or over, if the applicant is unmarried, or to a retired worker and spouse, both of whom are seventy years of age or older, if the applicant is married; and
(B) that the combined whole estate, real and personal, of each joint tenant in common is less than twenty-eight thousand dollars or, if married, the combined whole estate, real and
personal of each joint tenant or tenant in common and his spouse does not exceed thirty thousand dollars, provided that real property occupied as their domicile shall not be included
in computing the whole estate except for any portion of said property which produces income and exceeds two dwelling units. No proportion of the exemption shall be denied to any applicant
otherwise qualified for the reason that another joint tenant or tenant in common receives a proportion of the total exemption.
Household furnishings and property already exempt under the clauses Twelfth, Twentieth, Thirty-first, and Thirty-fifth shall not be included in computing the whole estate for purposes
of this section. Where a portion of the real property occupied as a domicile of an applicant under this clause is located within a municipality other than the municipality in such the
applicant is domiciled, and where the value of said property, or the taxes, assessed by the municipality in which such applicant is domiciled would result in his receiving less than
the maximum exemption provided by this clause, that part of the property of such applicant which such other municipality shall be exempt to value, or to an amount of tax, sufficient
to grant the applicant the total maximum exemption provided by the acceptance by such city or town for fiscal years commencing on or before July first, nineteen hundred and eighty-six,
or for fiscal years commencing on or after such later July first as the city or town may elect. In those cities and towns which accept the provisions of this clause, the provision of
clause Forty-first and Forty-first B shall not be applicable; provided, however, that any amount of money annually appropriated by the commonwealth for the purpose of reimbursing cities
and towns for taxes abated under this clause, clause Forty-first and clause Forty-first B shall be distributed as provided in said clause Forty-first.
Moved that the provisions of Massachusetts General Laws, Chapter 59, Section 5, Clause (41C), real property, a senior citizen tax exemption program, be hereby accepted.
Motion adopted unanimously.
At 5 p.m. on motion made and seconded, the Moderator adjourned the meeting to Monday, March 29, 1999 at 7:30 p.m. at the Cohasset High School Sulllivan Gymnasium.
MONDAY EVENING MARCH 29, 1999
Monday night checkers previously appointed by the Town Clerk reported to work at 7 p.m. Tellers were appointed by the Moderator. The Moderator called the meeting to order at 7:50 p.m.
and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled 127.
Article 24.
To see if the Town will vote to approve an On-Site Wastewater Management plan as adopted by the Board of Health. Once approved by Town Meeting, the Board of Health may adopt and enforce
implementing regulations. This Plan is available for review at the Town Clerk’s Office, the Paul Pratt Library and the Board of Health. The plan would establish a local loan and grant
program utilizing State and Town funds to allow residents to bring septic systems(s) into compliance with the State Environmental Code, Title V, and the local Board of Health regulations;
and further, to see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to Chapter 44, Chapter 29C (the Massachusetts Water Pollution
Abatement Trust) or any other applicable statute, to be expended by the Town Manager, for the construction of septic systems for the subsurface disposal of sanitary waste, or for loans
to property owners for such purpose to meet the general objectives of the On-Site Wastewater Management Plan.
Moved that Two Hundred Thousand ($200,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, for the construction of septic systems for the subsurface disposal of
sanitary waste, or for loans to property owners for such purpose to meet the general objectives of an On-Site Wastewater Management Plan, to be hereafter adopted, such loans to be recouped
by betterments assessed to property owners, as authorized by Chapter 111, Section 127B½ of the Massachusetts General Laws, and, to meet this appropriation, the Treasurer, with the approval
of the Board of Selectmen, is authorized to borrow Two Hundred Thousand ($200,000.00) Dollars under and pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended,
and Chapter 29C of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town therefore.
A 2/3 vote is required. Motion adopted unanimously.
Proclamation offered by Stephen Bobo member of the Board of Health.
PROCLAMATION
Whereas:
The Cohasset Board of Health suffered under an unmerciful burden of ignorance; mitigated only by the unceasing efforts of Joe Godzik and the angelic ministrations of Alix White, and
the unstinting toil of others too numerous to recall,
And Whereas:
The town was being assaulted by Solid Waste Dragons; Septic Emergency Gargoyles, as well as Newtonville Horrors, and all other manner of public health menaces. Now therefore be it here
Proclaimed that:
KEVIN ULMER
Joined the Board of Health; Slew Dragons; oiled gargoyles, and otherwise took care of things in an exemplary manner. And further be it know that the town will be forever thankful.
Proclamation adopted unanimously.
Article 28.
To see if the Town will vote to rezone certain districts as shown on a map entitled Zoning Map, Cohasset, Massachusetts”, dated October 1, 1969, and revised in 1976 and 1985 as follows:
MAP: So that the highway business district (“HB”) area east of Chief Justice Cushing Highway and southeasterly of Sohier Street, all as shown as an area red in color on the map and
identified as “HB 400”, be expanded two hundred (200) additional feet along the northeastern boundary and that the land located within said two hundred (200) feet expansion area be rezoned
as a (“HB”) district.
Moved that the boundary of the Highway Business ("HB") District applicable to Assessors Map 42, Parcels 28, 40 and 41 and Map 43, Parcel 3 be expanded Two Hundred (200') additional feet
to the northeast along the length of the northeastern boundary between Sohier Street and the terminus of the Highway Business ("HB") District east of Chief Justice Cushing Highway;
that the land located within said two hundred (200') feet expansion area be rezoned as an HB district; and that the Zoning Map of the Town of Cohasset, Massachusetts dated October 1,
1969, and revised in 1976 and 1985 be amended accordingly.
A 2/3 vote is required. Hand count taken Yes 49; No 61.
Motion is defeated.
Moved that this meeting stand adjourned until the Annual Town Election on April 10, 1999.
A True Record, ATTEST:
Marion L. Douglas
Town Clerk