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HomeMy WebLinkAboutMinutes - BoS - 01/02/1996 - Selectmen's Meetings Jan 2-March 18, 1996 2Z S CORRESPONDENCE LIST January 2, 1996 ® 1. Kevin Kinsella, Town of Scituate re regionalization. 2. Betsy Friedberg, Mass Historical Commission, to Carol Shull, National Register of Historic Places, Department of the Interior, National Park Service, re Cohasset Common Historic District. 3. Philip Weinberg, Division of Solid Waste Management, DEP. Final draft of the 1995 Solid Waste Master Plan. 4. Richard Gioiosa, Program Manager, to Central Artery Clay applicant, re approval to participate in Phase II of the CA/T Clay Distribution Program. 5. Michael Leon, Warner & Stackpole, to Thomas Mahin, Solid Waste Management, Bureau of Waste Prevention, re comments to Renewal of Authorization to Operate - CHL. 6. Alcoholic Beverages Control Commission. Decision on the application of the Salt House, Inc. for a wines and malt restaurant license. 7. Anne Larner, MBTA Advisory Board. Update as of 12/22/95 z?e CORRESPONDENCE LIST January 8, 1996 1. Hand delivered by Joseph Godzik. Letter from CDM to Thomas Mahin, Depart- ment of Environmental Protection, re proposed schedule for assessment and closure of Cedar Street Landfill. 2. Chief Roger Lincoln, Fire Department. Memo re hydrant rental fees. 3. Jane Henderson, Fire Department. December 1995 Ambulance Billing Report. jds 1 9 96 MINUTES - MEETING OF BOARD OF SELECTMEN January 9, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Michael H. Sullivan Others present: Thomas J. Callahan ) Roseanne M. McMorris ( - Conservation Commission Jeffrey C. Waal ) Thomas L. Gruber - Cohasset Rotary Club Brian W. Noonan - Chief of Police Roger W. Lincoln - Chief of Fire Dept. Stephen E. Hart - Supt. of Schools Ralph D. Kidder - Chm., School Comm. School Committee Members Robert G. Beggan - Chm. , School Facilities Comm. School Facilities Comm. Members Roger S. Whitley - Chm. , Advisory Comm. Advisory Comm. Members Sid Bowen - Earl R. Flansburgh & Assoc. Dawn Rota - Cohasset Dramatic Club Stephen F. Wigmore - Wire Supt. Michael E. Scott, Esq. - Warner & Stackpole Molly Hochkeppel - Patriot Ledger David Johnson - Cohasset Mariner Robert V. Davenport - Board of Health Gregory J. Doyon - Town Admr. Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. , Chairman Brown Call to order presiding. He announced that he was present at the Selectmen's office on January 8, 1996, and called the posted Selectmen's meeting to order. There was no one present except himself and he therefore postponed the Selectmen's meeting to tonight. Chairman Brown also announced that Mr. Pratt would not be present tonight. Motion of Mr. Sullivan to approve, ratify, and confirm the signing Treasury of bill warrant #26B and payroll warrant #26P of December 21, warrants 1995, by Chairman Brown and Selectmen Gjesteby and Pratt; bill warrant #27B, payroll warrant #27P, and school warrant #27C of December 28, 1995, by Selectmen Pratt, Sullivan and Town Clerk Marion Douglas; also, bill warrant #28B and payroll warrant #28P of January 4, 1996, by Chairman Brown and Selectmen Gjesteby, Goedecke and Pratt. I. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Goedecke to approve the minutes of meeting of Mins. mtg. December 18, 1995. 12/18/95 2z MINUTES - MEETING OF BOARD OF SELECTMEN January 9, 1996 Page 2 Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed, Mr. Sullivan abstaining. Motion of Mr. Sullivan to approve the minutes of executive Mins. exec. session of December 11, 1995. session 12/11/95 Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. Mr. Gruber appeared in behalf of the Cohasset Rotary Club to Req. of Rotary request permission to hold its 20th annual Road Race by the Sea Club to hold on March 31, 1996. annl. Road Race Motion of Mr. Sullivan to approve the request. Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Goedecke to approve for payment the bill of Warner Prof. bills & Stackpole, for the period October 1-31, 1995, regarding the Landfill, in the sum of $9,188. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve for payment the bill of Warner & Stackpo_le, for the period November 1-15, 1995, regarding the Landfill, in the sum of $5,332.92. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Goedecke to approve for payment the bill of Richard A. Henderson, Esq. , for the period December 1-31, 1995, in the sum of $1,411. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. The Chairman read aloud a tentative Town Meeting and Election Town Mtg. and Schedule. He added that it is his understanding there will be no Elec. Schedule overrides this year. Mr. Sullivan inquired if there is any risk approved of a change in dates. Mr. Doyon replied that it is the best estimate available at this time, and if the April 6 date is accepted for Annual Town Election, January 10 will be the opening za9 MINUTES - MEETING OF BOARD OF SELECTMEN January 9, 1996 Page 3 date for nomination papers to be issued. Motion of Mr. Sullivan to set April 6, 1996, as the date for the ATM mtg. date Annual Town Election. set Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to set Special Town Meeting Warrant STM Warrant opening and closing dates for January 22 and January 29, 1996, opening and respectively. closing dates set Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. The budget proposed by the Conservation Commission for Fiscal Conservation Year 1997 was considered. Comm'n. budget for FY97 appvd. Mr. Callahan and Mrs. McMorris reviewed the budget provisions, following which Mr. Sullivan asked that a cover letter explaining the method of funding the budget be prepared for the Advisory ' Committee's information. Mrs. Goedecke remarked that the budget appears to be a good management solution to the Commission's problems. Motion of Mrs. Goedecke to approve the Conservation Commission's budget, as presented. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Mr. Callahan added further that the Conservation Commission has requested $35,000 for legal expenses in the coming year. Chiefs Noonan and Lincoln presented the FY97 budget for the Civ. Dispatch Civilian Dispatch Committee. The Chairman asked about changes Comm. budget proposed in civilian dispatching. Chief Noonan explained that as for FY97 appvd. a public safety issue it is believed that if the four days on and two days off schedule is implemented, it would result in a more even flow of shifts. He said the 4 - 2 shift averages out to 372 hours a week per person; there are six shifts on the weekend, and two will be dropped. Mr. Doyon further exemplified that the proposal is for a forty-hour week with a shift overlap, and that the resultant increase in budget will be just under $7,000. Mrs. Gjesteby objected that there had been no complaints from the citizenry and she likes things the way they are; she does not z MINUTES - MEETING OF BOARD OF SELECTMEN January 9, 1996 Page 4 want to spend the extra money. Discussion followed. Mrs. Goedecke remarked that if the committee feels this is the way to maximize professionalism of the staff for a small increase, she can support it. The Chairman pointed out that the initial staffing was done very quickly and was to be for a trial period only. Mr. Sullivan asked if there is any way to use the two and one-half hour difference for training. Chief Noonan said it could certainly be looked into. Motion of Mr. Sullivan to approve the Civilian Dispatch budget as requested, with the added proviso that there is interest in hearing about having the two and one-half hour time differential focused on training. Second by Mrs. Goedecke. Vote 3 - 1 in favor, Mrs. Gjesteby opposed. J Y pp Dawn Rota appeared on behalf of the Cohasset Dramatic Club to CDC use of request a schedule for proposed use of Town Hall Auditorium and T. H. Audit. to discuss problems that have arisen relative to scheduling, fire discussed safety, cleanup, and security. The Chairman said a list should C be prepared of requirements for securing the building. Mrs. Gjesteby said Mr. Doyon has prepared a schedule of times the Auditorium is being used for other activities during the next two months, and Mr. Doyon produced a calendar on which the Club's proposed activities for the next few months were marked. Motion of Mr. Sullivan to allow the request for use of the Town Hall Auditorium by the Cohasset Dramatic Club, as it is available, with the suggestion that a checklist be developed. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Members of the School Committee, School Facilities Committee, Presentation re members of the Advisory Committee, and architects for the School STM Warrant Department were present in connection with a Special Town Meeting article on Warrant article. schools Mr. Beggan, Chairman of the School Facilities Committee, gave a history of the committee and its charge. A videotape was shown of the Osgood School facilities and activities, following which Mr. Beggan recommended the proposed Warrant article and discussed the bid process and the selection of an architect to develop plans for new school facilities. Mr. Bowen of Earl R. F_lansburgh and Associates, architects, explained the assessment method of the existing school buildings and the recommendations for improvements. Charts were shown and 73; I 7 MINUTES - MEETING OF BOARD OF SELECTMEN January 9, 1996 Page 5 explained showing proposed project costs, design for a new PK-3 school, and a preliminary schematic plan for the Deer Hill School site. Mr. Bowen explained that additions to the Deer Hill School would bring the total up to eighteen classrooms. Questions followed. Mr. Kidder said it is the plan of the School Committee to turn Osgood School back to the Town. Mr. Hart added that the School Department has no use for Osgood School. Mr. Whitley, Chairman of the Advisory Committee, said the proponents are appearing before his committee at 9:30 p.m. , so his board does not want to take part in the discussion. Mrs. Goedecke asked for responses in writing for the Board's information. In reply to Mr. Sullivan's statement that finances are an issue, a paper was passed to the Board members. Issues were discussed relating to increased staffing, additional cafeteria workers, the necessity for portable classrooms if new construction does not take place, funding, approval of the Conservation Commission for construction, and final design. Mr. Wigmore presented the budget for FY97 for the Wire Wire Dept. Department. Mrs. Goedecke asked about the use of the Wire budget FY97 Inspector's time. Mr. Sullivan recommended that Mr. Wigmore, the approved Town Accountant, and the Town Administrator work together to make an analysis of the last two years to see what took place and how much it would cost to go outside for this work, in order to justify a decision. There was discussion about the cost to town buildings of a changeover. The Chairman asked Mr. Wigmore when he plans to retire. Mr. Wigmore replied that he would like to be through in June 1997. Mrs. Goedecke asked if it is possible to get the information needed to make a determination. Mr. Doyon replied that information could be solicited from contractors as to what it would cost to maintain an existing system or to dismantle the existing system. Motion of Mr. Sullivan to consider funding the budget for this year, ask for a full analysis by October 1, 1996, and be prepared for next year to make recommendations concerning what should be done. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Regarding appointments and re-appointments, Mrs. Gjesteby said Tentative appts. she has three recommendations for appointment to the Drug and to D & A Comm. Alcohol Committee. Chairman Brown asked if notification had been given to the outgoing incumbents and the Town Clerk. MINUTES - MEETING OF BOARD OF SELECTMEN January 9, 1996 Page 6 Motion of Mrs. Gjesteby to recommend for appointment to the Drug and Alcohol Committee Ronald P. Harmer, Margo A. Aikens, and Susan A. Thompson, pending receipt of proper resignations by the Town Clerk, in writing. Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. The Chairman tabled consideration of budgets for Legal expenses Legal and Trans- and the Transfer Station. fer Station bud- gets tabled With regard to license renewals, Mr. Doyon said there is nothing new to report except that there has been compliance with the Fire License renewals Chief's recommendations. Recommendations on Warrant articles were tabled. Recommend. Warr- ant arts. tabled Request of the Highway Surveyor for approval to overdraw the snow and ice control. appropriation was considered. Approval to overdraw snow Q Mr. Doyon said the Town is now $14,600 in the red, which amount and ice control does not reflect most of the contractors' bills. His guess is appropriation the Town has spent $80,000. Motion of Mrs. Goedecke to grant the request of the Highway Surveyor to overdraw the snow and ice control account, in accordance with M.G.L. Chapter 44, Section 31D. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Consideration was given to designating a voting delegate to MIIA. MIIA voting dele- gate appointed Motion of Mrs. Goedecke to appoint Merle S. Brown as voting delegate to the MIIA. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Consideration of the proposed update of the Personnel By-Law Pay By-Law Pay and and Classification Plan was postponed to next week. Classif. Plan postponed The Board considered award of a bid for the purchase of a new cab Award of bid and chassis by the Tree and Park Department. for cab and Motion of Mr. Sullivan to approve the award of the bid to South chassis, Tree Shore Chevrolet for $25,945. and Park Dept. MINUTES - MEETING OF BOARD OF SELECTMEN January 9, 1996 Page 7 Mr. Doyon reported: Town Admr's. report Snow plowing crews have done an excellent job. CBS thought Cohasset was an example of a well organized community for removing snow and were in Town filming today. Elder volunteers were thanked who assisted with the labelling of the Town Meeting Warrant. Those participating were Ann Leonard, Olga Sawchuk, Phyllis Leighton, Grace Donohue, James Donohue, Libby Pompeo, Gerard Keating, Irene Porter, Paulding Keating, Tillie Nardo, and Virginia Anderson. It was brought to his attention that the cover page of the Warrant has a mistake. It shows the meeting is scheduled to take place in the Gymnasium, which is a printer's error. The printer was provided with a mockup of the cover page and used one off a shelf covering a previous meeting. The Advisory Committee has approved several budgets for FY97. [End of report.] The Board members commented on various matters. Mr. Sullivan said a police officer had mentioned to him that Other business children may be playing on snowbanks, which could be dangerous. Mrs. Goedecke announced that she will not run for re-election this year. She said she had had two interesting terms and thinks it is time to move on. She thanked everyone for their support and remarked that service on the Board is citizen participation at its best and she would like to have people participate. Mr. Doyon said the Fire Department has been hard at work digging out hydrants and citizens could play a role in digging out hydrants near their houses, or reporting missing flags. The press and public were asked for comment. Press/public With regard to Cohasset Heights, Ltd. , Mr. Scott said he wanted Disc. re Public to discuss the Public Information Act. He said they have Info. Act received a reply to one request. He has talked with someone at Wright & Moehrke and they would like to have documents submitted by next week. He told them they could be accommodated in that regard. The Board members objected to the volume of material expected and said they would not allow use of the Town Hall photocopying machines. Mr. Doyon said the files could be inspected in the office, but he is not going to spend time going through them and MINUTES - MEETING OF BOARD OF SELECTMEN January 9, 1996 Page 8 trying to find specific documents. Mr. Callahan said the Conservation Commission has an entire three-drawer cabinet full of CHL material. Mr. Davenport said that 90% of the Board of Health material came from Wright & Moehrke's office originally. They are going to put the material together and have someone copy it. Mr. Sullivan advised allowing Mr. Doyon to work it out. Motion of Mr. Sullivan to go into executive session for the Exec. session purpose of discussing collective bargaining regarding Konchasset Clerical and Custodial Association, Cohasset Library Association, and Cohasset Heights, Ltd. , in connection with engaging legal counsel and how counsel is to be used, not to return to open session. Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Sullivan - Aye. The Board went into executive session at 10:25 p.m. , and did not return to open meeting. The meeting was adjourned in executive session. APPROVED: DATE: Chairman f Ete'cuti'e ecretary AGENDA-REGULAR MEETING OF BOARD OF SELECTMEN January 8, 1996 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes 1. Executive Session of December 11, 1995 2. Regular Meeting of December 18, 1995 D. Scheduled Items 7:35 p.m. Rotary Road Race Committee 7:45 p.m. Conservation Commission - Budget Review 8:00 p.m. Civilian Dispatch Committee 8:15 p.m. Dawn Rota -Use of Town Hall Auditorium 8:30 p.m. School Committee - Warrant Article 9:00 p.m. Steve Wigmore - Wire Department Budget Review 9:45 p.m. Executive Session E. Old Business 1. Appointment and Re-appointments 2. Budgets: Legal, Transfer Station 3. License Renewals F. New Business 1. Review and Approval of Professional Statements of (a)Warner& Stackpole - $9188.00 (b)Warner& Stackpole - $5332.92 (c)Richard A. Henderson- 2. Consider Recommendations re Warrant Articles 3. Consider Setting Date for Municipal Election and Opening and Closing_ Dates for March 30, 1996 Special Town Meeting 4. Consider Request of Highway Surveyor for Approval to Overdraw Snow and Ice Control Appropriation 5. Consider Designating MIIA Voting Delegate 6. Consider Proposed Update of Personnel By-law Pay_ & Classification Plan (Doyon) 7. Discuss Status of Red Lion Inn Code Violations (Pratt) 8. Consider Award of Tree& Park New Cab and Chassis G. Town Administrator-Update on Pending_ Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board AGENDA-REGULAR MEETING OF BOARD OF SELECTMEN January 16, 1996 SELECTMEN'S MEETING ROOM 7.30 p.m. A. Attendance B. Treasury Warrants C. Scheduled Items 7.35 p.m. Rhonda Myers - South Shore Art Center June Festival 8:30 p.m. Fire Chief-Budget Review 9:00 p.m. Executive Session D. Old Business 1. Budgets: Legal, Tranfer Station 2. Appointments and Re-appointments 3. Discuss CHL Legal Issues E. New Business 1. Report of Hagerty Showroom Sub-committee 2. Report of Ambulance Billing Sub-committee re Overdue Bills 3. Consider Recommendations re Warrant Articles 4. Discuss Status of Red Lion Inn Code Violations (Pratt) 5. Consider Request for Reserve Fund Transfer - Fire Department F. Town Administrator- Update on Pending Matters G. Public and/or Press H. Other Business That May Properly Come Before the Board jds 1 16 96 MINUTES - MEETING OF BOARD OF SELECTMEN January 16, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Peter J. Pratt Michael H. Sullivan Others present: John K. McNabb, Jr. Robert V. Davenport - Board of Health Roger W. Lincoln - Fire Chief Veneta P. Roebuck ) Roseanne M. McMorris( - Conservation Comm'n. Thomas J. Callahan ( Rhonda C. Myers - So. Shore Art Center Robert W. Garrett - Labor Counsel (9:00 p.m.) Mary Ford - Cohasset Mariner Molly Hochkeppel - Patriot Ledger Gregory J. Doyon - Town Admr. Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. , Chairman Brown Call to order presiding. Motion of Mr. Pratt to approve, ratify, and confirm the signing Treasury of bill warrant #29B, payroll warrant #29P and school. warrant warrants #29S of January 11, 1996, by Chairman Brown and Selectmen Gjesteby, Goedecke and Sullivan. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Doyon presented the Legal budget for FY97 and discussion Legal budget followed concerning a probable necessary increase occasioned by FY97 approved the present Town Counsel's resignation. Mrs. Goedecke suggested consulting the Advisory Committee concerning the best way to handle the increase. Following the discussion the Chairman said the new budget should be in the $110,000-$120,000 range. Motion of Mr. Sullivan to approve the Legal budget for Fiscal Year 1997 at $136,733. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Ms. Myers requested permission for the South Shore Art Center to Req. of So. Sh. use the Town Common and the Honor Roll. area for the annual June Art Center to Festival on the Common. She said the traffic pattern and parking use Town Common plan will remain the same. approved Motion of Mr. Sullivan to grant permission for the South Shore MINUTES - MEETING OF BOARD OF SELECTMEN January 16, 1996 Page 2 Art Center to use the Town Common and Honor Roll area for .its annual June Festival. on the Common on June 14, 15 and 16, 1996. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Recycling Transfer Facility budget for FY97 was discussed. RTF budget The Chairman stated that it is proposed to close the Landfill FY97 approved this summer and there has to be extensive testing after closure, which will cost about $20,000. There was discussion about the temporary employee issue and the addition to the hours of the Highway Department's clerk. Motion of Mrs. Goedecke to approve the Recycling Transfer Facility budget for Fiscal Year 1997 at $335,836. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Doyon proposed a re-appointment to the Board of Registrars. Re-appt. to Bd. of Registrars Motion of Mr. Pratt to re-appoint Margaret R. Charles to the Board of Registrars of Voters. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Legal issues involving Cohasset Heights, Ltd. were discussed. Legal issues re Chairman Brown said it appears to be desirable to have legal CHL discussed representation at the site assignment hearings. Hiring of Kenneth L. Kimmell, an environmental attorney, was considered in view of the fact that Town Counsel has turned down the offer to represent the Board. Mr Sullivan suggested forming a sub-committee to talk with Mr. Kimmell to determine the cost of his services. Mrs. Goedecke said Attorney Kimmell indicated he would not have to be present at every meeting. The Chairman stated that he had discussed with Mr. Kimmell whether or not counsel was required and Mr. Kimmell said it was necessary because the other side may bring in technical people. Procedure of the hearings was discussed. The Chairman said if a person is to be hired to represent the Board, it will be necessary to hold a meeting with him tomorrow. C Motion of Mr. Sullivan to schedule a meeting with Mr. Kimmell, and subsequently make a decision to retain him for this purpose, or to make different alternatives. Q MINUTES - MEETING OF BOARD OF SELECTMEN January 16, 1996 Page 3 No action was taken on the motion. There was further discussion concerning the time, place and Call for posting of such a meeting. It was decided to call an emergency emergency meeting for tomorrow night. meeting Motion of Mrs. Gjesteby to tentatively have an emergency meeting tomorrow night with special counsel in regard in the hearing on January 23 in connection with site assignment on Cohasset Heights, Ltd. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. There was discussion regarding whether or not the emergency meeting is to be in executive or regular session and it was decided it would have to be both. With regard to the Hagerty showroom sub-committee report, Mr. Report. on Doyon said the full report has not been received. Missing is the Hagerty show- septic report and based on that report, the time line of action room plan. He said the Building Inspector's and Assessors' reports have been received. The major points raised in the Building Inspector's report is the showroom is in the Light Industrial District, and in order to change the zoning permission would have to be sought from the Zoning Board of Appeals. Handicapped accessibility would be a major concern whether or not it is used for commercial or private use. Extensive repairs are needed and there are no kitchen facilities. The Building Inspector also suggests that the addition is superfluous and should be removed, and if the lot is to be sold off at 18,000 square feet, that is consistent with other residences on the street. There was discussion about making the showroom into a condominium. The Chairman said he had asked Mr. Doyon to put an article in the Warrant for making the building residential use at 8,000 square feet, in order to comply with the submittal requirement for Warrant articles. He is in favor of maintaining open space for the other part of the property. There was discussion about inserting other articles in connection with the use of the property, following which the Chairman suggested the insertion of four separate articles, for open space, commercial, residential, and water dependent uses. Mrs. Gjesteby recommended adding an additional article to authorize permission to sell. The Chairman agreed that this provision could be inserted also and discussed ® later. Mrs. Goedecke reported for the ambulance billing sub-committee on Q MINUTES - MEETING OF BOARD OF SELECTMEN January 16, 1996 Page 4 overdue bills. She said the billing clerk wants to send a very Ambulance small number of bills to a collection agency. There is a total billing report of $4,269.39 in delinquent invoices which it is requested be sent for collection. Motion of Mrs. Goedecke to direct that these delinquent accounts be turned over to a collection agency. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Chief Lincoln presented the revised FY97 budget for the Fire Revised FY97 Department, which he said had been reduced by $20,500 since the Fire Dept. December 11 meeting. He has taken out the amounts included for budget approved portable radios and the callback section of the overtime account. A lengthy discussion took place concerning the callback schedule, following which the Chairman suggested that Mr. Sullivan sit down with the Chief and resolve the matter outside of the meeting room. Motion of Mrs. Goedecke to approve the budget submitted by the Fire Department for FY97, as proposed. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. The Fire Chief's request for a transfer from the Reserve Fund was Fire Dept. discussed. Chief Lincoln explained that $1,200 is needed for req. for trans. remote overhead door openers for the Fire Station, to be opened from Res. Fund and closed from the trucks, since the men in the trucks have a approved clear field of view of the doors. Motion of Mrs. Sullivan to approve the request. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman tabled recommendations on warrant articles until the Recommend. on next meeting of the Board. warrant arts. tabled Status of Fire Code regulations at the Red Lion Inn was Red Lion Inn discussed. Following the discussion the Chairman said a hearing code status to cancel the license will be called on January 25 if the discussed violations have not been corrected by that time. The Town Administrator reported: Town Admr's report Quotations were received for the Town Report and Town Warrant, �c - MINUTES - MEETING OF BOARD OF SELECTMEN January 16, 1996 Page 5 the low bidders being Irving Graphics and William R. Brown Printing Company, the same low bidders as last year. The snow removal deficit is now $41,152. As was mentioned at _last week's meeting, storm drains are an issue and heavy rains are expected. He asked for assistance from the public in clearing storm drains. Twenty-seven articles have been submitted for the Annual Town Meeting Warrant to date, and five additional articles tonight make a total of thirty-two. On a future agenda for January 29, a request will be considered to increase the ambulance rates by 3%. [End of report.] The Board members commented on various other matters. Other business Mrs. Gjesteby said notification has been received that Barry Waste Services wants to construct a waste recycling plant on its premises. She is gathering information to send to MEPA from Town boards and citizens. The Chairman asked Mr. Doyon to prepare comments on the Board's behalf. Mrs. Gjesteby noted the recent deaths of Rose Pape and Anne Curley. She mentioned also the first meeting of the newly reconstituted Citizens' Advisory Committee on January 24 in the Town Hall Auditorium. Mrs. Goedecke said the South Shore Coalition will sponsor a transportation forum in February at which Senator Hedlund, and Representatives O'Brien and Hynes will be present, as well as representatives from the MBTA. Discussion will include the widening of Route 3 and its impact, Park and Ride lots, and Old Colony transportation issues. Mr. Pratt thanked the Massachusetts Congressional Delegation for its support of Cohasset's Navigation Act, and Representative Peter Blute. He also thanked the Town Administrator for pushing ahead with Nucci Vine to have the Army Corps of Engineers reconsider the high dredging price quotes a second time. The press and public were asked for comment. Press/public The Chairman called for an executive session to discuss Exec. session grievances of the Fire Department. Mr. Doyon said the Board may Q want to discuss collective bargaining matters as well. i Motion of Mrs. Goedecke to go into executive session for the MINUTES - MEETING OF BOARD OF SELECTMEN January 16, 1996 Page 6 above purposes, not to return to open meeting. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Pratt - Aye Mr. Sullivan - Aye. The Board went into executive session at 9:25 p.m. and did not return to open meeting. APPROVED: DATE: Chairman Town Admr. 7 t�S CORRESPONDENCE LIST January 16, 1996 1. James Kerasiotes, Mass Executive Office of Transporation and Construction, re Mass. Highway Department road and bridge projects. 2. Michelle Toro, Chart House, re corporate officer changes effective 12/31/95. 3. Mass. Department of Environmental Protection, Service Center. Fax trans- mission re snow disposal guidance approved by DEP, EOEA, and EPA. 4. Doug Vigneau, MEPA Unit, EOEA. Barry Waste Services & Recycling Co. and Construction and Demolition Waste Recycling facility. ZNy MINUTES -EMERGENCY MEETING OF BOARD OF SELECTMEN © January 1741996 4:00 p.m. Selectmen present: Merle S. Brown Martha K. Giesteby Jane O. Goedecke Others present: Jeffrey Waal, Conservation Commission Roseanne McMorris, Conservation Commission John McNabb, Jr. - Watershed Protection Commission Kenneth Kimmel Meeting was convened to order at 4:25 p.m. due to the delay of Mr. Kimmel's arrival. Attorney Kimmel was questioned by the Board as to his background and qualifications to the Board of Selectmen's needs, He stated what the Site Assignment process entails and specific issues of wetlands, test wells, traffic, odors and minimally esthetics. His proposal for services: maximum $23,000. The outline consisted of 30 hours to read background material, 10 hours talking to witnesses, if necessary, if he is to be at all hearings for six weeks 48 hours and like amount to prepare for hearing. Finally a contingency amount of 25%. The Board asked Mr. Kimmel to examine the papers and background materials and if the costs could be reduced. He will return his analysis in a week, and he also was asked to attend January 23rd meeting. Mr.Sullivan left at 5:00 p.m. Mr. Waal and Ms. McMorris left at 5.15 p.m. Motion of Mrs. Goedecke that the Board of Selectmen approve law firm Bernstein, Cushner and Kimmel not to exceed $23,000 at hourly rate of$135 per hour pending approval by Town Counsel. Second by Mrs. Giesteby. Vote 3-0 in favor, none opposed. There was further discussion of landfill issues. The meeting was adjourned at 5:45 p.m. APPROVED: DATE: Chairman Tn1,17n Adminictratnr AGENDA-REGULAR MEETING OF BOARD OF SELECTMEN AUDIO-VISUAL ROOM COHASSET JUNIOR/SENIOR HIGH SCHOOL January 22, 1996 at 6:45 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of: 1. Regular Meeting of January 9, 1996 2. Executive Session of January_ 9, 1996 3. Regular Meeting of January 16, 1996 4. Executive Session of January 16, 1996 5. Emergency Meeting of January 17, 1996 D. Scheduled Items- 7:00 p.m. Mark Baker- Capital Budget Committee 7:30 p.m. Recess for Special Town Meeting RECONVENING AFTER TOWN MEETING TO TAKE UP DEBT EXCLUSION QUESTION(New Business#2) E. Old Business 1. Appointments and Re-appointments F. New Business 1. Consider Recommendations re Warrant Articles 2. Consider Approval of Debt Exclusion Ballot Question pursuant to Proposition 2-1/2 G. Town Administrator-Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board GJD:Jds 1 22 96 MINUTES - MEETING OF BOARD OF SELECTMEN January 22, 1996 AUDIOVISUAL ROOM - COHASSET JR.-SR. HIGH SCHOOL Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Peter J. Pratt (at 7:20 p.m. ) Michael H. Sullivan Others present: Robert G. Beggan ) Richard J. Silvia Robert B. Spofford ) - School Facilities Committee David J. Chase Ralph D. Kidder ) Nancy L. Sandell ( - School Committee Joanne T. Chittick ) George S. Kovach, Jr.- Capital Budget Committee Stephen E. Hart - Supt. of Schools Gregory J. Doyon - Town Admistrator The meeting was called to order at 6:50 p.m. , Chairman Brown Call to order presiding. Motion of Mrs. Goedecke to approve, ratify, and confirm the Treasury signing of bill warrant #30B and payroll warrant #30P of January warrants 18, 1996, by Chairman Brown and Selectmen Gjesteby, Goedecke, Pratt and Sullivan. Second by Mr. Sullivan. Voted 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve the minutes of meeting of Mins. mtg. January 9, 1996. 1/9/96 Second by Mrs. Goedecke. Voted 4 - 0 in favor, none opposed. Motion of Mrs. Goedecke to table the minutes of executive session Mins. exec. of January 9, 1996. sess. 1/9/96 tabled Second by Mrs. Gjesteby. Voted 4 - 0 in favor, none opposed. Motion of Mrs. Goedecke to approve the minutes of meeting of Mins. mtg. January 16, 1996. 1/16/96 Second by Mrs. Gjesteby. Voted 4 - 0 in favor, none opposed. Motion of Mrs. Goedecke to table the minutes of executive session Mins. exec. of January 16, 1996. sess. 1/16/96 tabled MINUTES - MEETING OF BOARD OF SELECTMEN January 22, 1996 Page 2 Second by Mrs. Gjesteby. Voted 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to approve the minutes of Emergency Mins. mtg. Meeting of January 17, 1996. 1/17/96 Second by Mrs. Goedecke. Voted 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to appoint Alba Crossen of 160 Elm Stret Appt. of as an election worker on behalf of the Democratic Town Committee. elec. worker Second by Mrs. Gjesteby. Voted 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to support Article #1 of the Special. Town STM Art. #1 Meeting which would raise sewer rates. approved Second by Mrs. Goedecke. Voted 4 - 0 in favor, none opposed. Mr. Spofford asked the Board for support of Article #2. STM Art. #2 discussion Mrs. Gjesteby asked about the 5.5% interest rate. Mr. Spofford responded that it is the rate supplied by Fleet Bank. Mr. Brown called upon Mr. Kovach to present their recommendation on the school project. Mr. Kovach stated that the School Facilities Committee established the need, and the Capital Budget Committee was impressed by the thoroughness of the study and alternatives considered. The Capital Budget Committee voted unanimously to support the article. Mr. Pratt arrived at 7:20 p.m. Mr. Sullivan asked the pros and cons of postponing the Deer Hill School proposal. Mr. Chase responded that the Town may not get on the priority list for Deer Hill School and may have to incur maintenance costs. Superintendent Hart stated that the average tax savings for the typical house would be $15-$21 if Deer Hill School was postponed. Mr. Chase pointed out that the costs of additional maintenance, construction cost inflation, and potential interest rate ® increases could add $1,500,000-$2,000,000 in costs. Mr. Pratt asked about doubts that the School Building Assistance © MINUTES - MEETING OF BOARD OF SELECTMEN January 22, 1996 Page 3 Act would be reauthorized. Mr. Hart suggested that the formula could be altered to the detriment of wealthier communities. Mr. Kidder agreed. Mrs. Gjesteby stated that she thought it would be reauthorized in its present form. Mr. Brown asked if the thirty-six classroom increase took into consideration the Charter School enrollment. Mr. Hart replied that it did. Motion of Mrs. Goedecke to support Article #2. Vote to support Art. #2 opposed Second by Mr. Sullivan. Voted 3 - 2 in opposition, Mrs. Goedecke and Mr. Sullivan in favor. Motion of Mrs. Gjesteby to support construction of an elementary Vote to support Pre K-3 school for $9,800,000. alternative to Art. #2 opposed She added she was not opposed to either project, but wanted the delay for tax impact purposes. Second by Mr. Pratt. Voted 4 - 1 in opposition, Mrs. Gjesteby in favor. Mrs. Goedecke and Mr. Sullivan left the meeting room. Motion of Mrs. Gjesteby to recess the meeting until. after 'Town Recess for STM Meeting. Second by Mr. Pratt. Voted 3 - 0 in favor, none opposed. The meeting was recessed at 7:50 p.m. The meeting was reconvened at 11:10 p.m. , all Selectmen being in Meeting recon- attendance. vened Motion of Mr. Sullivan to approve the following debt exclusion Voteto approve ballot question for submission to the voters on February 10, ballot question 1996: Shall the Town of Cohasset be allowed to exempt from the provisions of proposition two and one-half, so- called, the amounts required to pay for the bonds to be issued in order to finance planning, designing and con- structing an elementary school on land owned by the Town MINUTES - MEETING OF BOARD OF SELECTMEN January 22, 1996 Page 4 of Cohasset off Sohier Street known as "Deer Hill", an on-site sewage treatment plant to serve both the school to be constructed and the existing Deer Hill School, and additions and renovations to the existing Deer Hill School? Second by Mrs. Gjesteby. Voted 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to adjourn. Adjourn Second by Mrs. Gjesteby. Voted 5 - 0 in favor, none opposed. The meeting was adjourned at 11:15 p.m. APPROVED: DATE: J Chairman a `I Tow Administrator a a l z r� CORRESPONDENCE LIST January 22, 1996 1. Mary Connolly, Continental Cablevision. Complaint Form and Significant Service Interruption Form. 2. Denis McNulty to Harold Litchfield, Highway Department. Cat Dam schedule. 3. Mass EOEA, Department of Environmental Protection to Cohasset Heights Limited, re CHL - revised renewal of authorization to operate. 4. Raymond Quinn, P.E. , SAIC Engineering, Inc. , to Thomas Callahan, Conserva- tion Commission, re Notice of Intent, Stormwater & Sediment, CHL. 5. Police Chief Brian Noonan. Status Report for December 1995. 6. Mass.-American Water Company. Notice of third public hearing re request for rate increases. 7. Kevin O'Donnell to John Shea, Jr. , Esquire, Hearing Officer, McGregor & Shea. Motion and Brief re CHL. 8. C. Susan King, SEMASS. re change in Law/State mandated testing. 9. John McNabb, Jr. , Water Resources Protection Committee. Petition to intervene re CHL site assignment application. 10. Delivered by Treasurer/Collector. Schedule of level debt services @ 5.50% re school. 11. Charles Cristello,Town of Hingham, to Kevin Donovan, Town of Rockland, re review of boundary lines. 12. Terry Atherton. Fax transmission. Memo re short list of designers for Public Works Garage. 13. Safety Officer Clifton Jones, Police Department. Memo with findings re Reed's Corner safety concerns. 14. Edward Guild, Sewer Commission. Memo to Conservation Commission re opening of Jacobs Meadow Tide Gates. 15. Terry Atherton. Fax transmission re designer interview schedule for Public Works Garage. -'q/ JOG:jds MINUTES - SPECIAL MEETING OF BOARD OF SELECTMEN January 25, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Michael H. Sullivan Others present: Kenneth L. Kimmell Michael A. Leon Constance F. Afshar Mary E. Gainor Charles Gainor John K. McNabb, Jr. The meeting was called to order at 6:10 p.m. , Chairman Brown Call to order presiding. Mr. Kimmel said that he has been reviewing the documents Discussion re concerning the site assignment hearings on Cohasset Heights, Ltd. CHL site assign- It was reported that the Water Department has appropriated $5,000 ment hearings for hydrogeological testing and in testimony on their behalf in the hearings. Mr. Kimmel said that he had not known that a written brief may be needed and that it will cost more. He further said that he may now not need to attend all sessions, specifically numbers 3, 4 and 5. Other sessions are important to attend. He said that Jeff Bernstein may appear on the traffic issue since that is more his specialty. It was agreed that Mr. Kimmell will represent the Town in the hearings for an amount not to exceed $15,000 and that he will come back to the Board if he feels it is necessary to do more. Mrs. Goedecke said that it should be understood by all that Mr. Kimmel works for the Board of Selectmen and will not consult with or give information to any private citizens unless it is explicitly approved by the Board. The meeting was adjourned at 7:15 p.m. Adjourn (Minutes taken by Jane Goedecke.) APPROVED: DATE: Chairman Town Administrator 2S� AGENDA-REGULAR MEETING OF BOARD OF SELECTMEN SELECTMEN'S MEETING ROOM January 29, 1996 7:30 p.m. A. Attendance B. Treauury Warrants C. Minutes Review and Approval of: 1. Executive Session of January 9, 1996 2. Executive Session of January 16, 1996 3. Regular Meeting of January 22, 1996 D. Scheduled Items 7:45 p.m. Carl Akerblom-Red Lion Inn Purchaser 8:15 p.m. Terry Atherton- D.F.W. Study Committee 9:00 p.m. Executive Session -Personnel Committee E. Old Business 1. Consider Proposed Update of Personnel By-law Pay& Classification Plan 2. Appointments and Re-appointments F. New Business 1. Consider Increase in Ambulance Rates and Authorization for Amendment to South Shore Hospital ALS Agreement 2. Consider Approval of Ambulance Billing Write-offs 3. Consider Acceptance of Annual and Special Town Meeting Articles 4. Consider Request of Water Resources Protection Committee for Change in Membership 5. Consider Agreement with Fugro East, Inc. for Consulting_ Services re CHL 6. Consider Step Rate Increase in Fire Department 7. Consider Resignation of Treasurer/Collector 8. Consider Warner& Stackpole Bills 9. Consider Award of James Brook Study 10. Consider Comments relative to Barry Waste Recycling Center Proposal G. Town Administrator- Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board zs3 Jds12996 MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Michael H. Sullivan Others present: Thomas J. Callahan) Veneta P. Roebuck ( - Conservation Commission Roger W. Lincoln - Fire Chief Benjamin S. Blake - Public Works Garage Bldg. Comm. Garry W. Gardner Carl Akerblom - Red Lion Inn Allan Dunmer - of " Gerald Smith - it " Molly Hochkeppel. - Patriot Ledger David Johnson - Cohasset Mariner Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. , Chairman Brown Call to order presiding. Mr. Pratt was absent. Motion of Mrs. Goedecke to approve, ratify, and confirm the Treasury signing of bill warrant #31B, payroll warrant #31P, and school warrants warrant #31S of January 25, 1996, by Chairman Brown and Selectmen Gjesteby, Goedecke, Sullivan and Pratt. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Approval of the minutes of executive sessions of January 9, 1996, Mins. exec. and January 16, 1996, was tabled. sessions tbld. 1/9 & 1/16/96 Motion of Mrs. Goedecke to approve the minutes of meeting of Mins. mtg. January 22, 1996. 1/22/96 Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Mrs. Gjesteby made an appeal for volunteers to serve on the Req. for Mosquito Control Committee. committee members The Chairman inquired about designating a representative from the Conservation Commission to serve on the Water Resources Protection Committee. Mr. Callahan, Chairman of the Conservation Commission, said that John Bryant is its representative. The Chairman asked for confirmation in writing. Motion of Mrs. Gjesteby to re-appoint Allison S. Moskow, Susan Re-appts. ® DeMichele, E. Sine Pounder, Paula M. Kozol, and Harold E. Arts Lottery Coughlin to the Arts Lottery Council. Council zs<� MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Page 2 Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to re-appoint Noel A. Ripley to the Re-appt. to Historical Commission. Hist. Comm'n. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Re-appointments to the Cohasset Common Historic District Other re-appts. Commission, Conservation Commission, Commission on Disabilities, tabled Government Island Study Committee, Harbor Committee, and Zoning Board of Appeals were tabled. Revision of the Medicare ambulance service fee schedule was Approval of rev. considered. The Chairman read the proposed changes, as outlined Medicare ambul. in a memorandum from the Fire Department dated January 23, 1996. serv. fee sched. Motion of Mr. Sullivan to adopt the amended fee schedule, as requested. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Approval of write-offs for ambulance billing was considered. Approval of Mrs. Goedecke reported that there were very few write-offs, as ambulance billing some charges represent double billing by the hospital and the write-offs Fire Department. The Chairman said there are seven uncollectibles for 1993 and 1994, and a list of fifty invoices totalling $6,015.40. Motion of Mrs. Goedecke to write off the ambulance bills delineated in the invoices submitted. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Carl Akerblom, a recent purchaser of the Red Lion Inn property, Red Lion Inn introduced himself, his partner, Gerry Smith, and Allan Dumner, matters disc. his manager. The Chairman asked what his plans are to take care of the code violations on the property. Mr. Akerblom said they will take care of everything that needs to be done. They plan to bring the restaurant back to the way it was formerly. Mr. Smith said that the key word will be restoration; their objectives are to maintain continuity of the current architecture, and to make improvements. Mr. Akerblom added that MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Page 3 smoke detectors will be placed in every room. Mrs. Goedecke inquired as to their timetable. Mr. Sullivan suggested that the Fire Chief co-ordinate a meeting with whoever is to do the work on the property and present a schedule by next week. In response to the Chairman's request for comments, Chief Lincoln said he has spoken with Mr. Akerblom and told him of his intention to insert an article in the Town Meeting Warrant requiring installation of sprinkler systems in lodging and boarding houses. Mr. Brown asked about transfer of the licenses. Mr. Akerblom said Attorney Kaufman is handling matters for him; they are not closing the sale until March 5. The Chairman expressed concern about the code violations. Mr. Dunmer said he will string wires and expose wires now in the ceilings, which will get the rooms under the safety code. Mr. Brown asked the Fire Chief if this work has been approved. Chief Lincoln replied that it is necessary to check with the Wire Inspector before any work is done. Mr. Sullivan expressed concern about waiting for the installation of smoke detectors, for the reason that the license was scheduled to be revoked as of January 25. Mr. Dunmer said he would go to the Wire Inspector about the installation. Chief Lincoln expressed willingness to extend the 180-day order of notice given to the previous owners. Mr. Akerblom said a thirty-day extension will be acceptable. Chief Lincoln agreed to this. Mr. Sullivan said it is understood that by February 28 everything should be up to code. The Chairman asked the new owners to work with Chief Lincoln. Annual Town Meeting Warrant articles were considered. ATM Warrant articles Motion of Mrs. Goedecke to accept Articles #1 through #7 (to act upon reports; fix salaries and compensation of elected officers; act on Personnel Classification By-Law Schedule; assume liability for environmental management work; and authorize borrowing) . Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Goedecke to accept Articles #9 and #10 (funding for Open Space and Recreation Plan; acquire land at Turkey Hill) . Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept Article #11 (equipment replacement for Water Department) . Second by Mrs. Goedecke. MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Page 4 Vote 4 - 0 in favor, none opposed. Concerning Article #12 (funds for South Shore Regional Refuse Disposal Planning Board) , Mrs. Goedecke said she would like to have the wording changed to the effect that Cohasset would appropriate funds for the purpose if the other member towns would do so. Motion of Mrs. Gjesteby to accept Article #12 with this change in wording. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept Article #13 (to require automatic sprinkler systems in lodging or boarding houses) . Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Article #14 is to be withdrawn. Motion of Mrs. Goedecke to accept Article #15 (to repair roadside fences) . Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Article #16 (to sell Hagerty property showroom) was held for the purpose of considering it with other articles regarding the property. Motion of Mrs. Goedecke to accept Article #17 ("Pay per Bag" system at RTF) . Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept Article #18 (air-conditioning for Library) . Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Article #19 (purchase ride-on lawnmower) was tabled, as it is to be re-worded to add on equipment at extra cost. l MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Page 5 Motion of Mrs. Goedecke to accept Article #20 (term limits for committee members) . Second by Mr. Sullivan. vote 4 - 0 in favor, none opposed. Consideration of Warrant articles was interrupted at this point to hear a scheduled item. Report of the Public Works Garage Building Committee was Report of Pub. presented by Gary Gardner in the absence of Chairman Terry Works Garage Atherton, who was out of town. Bldg. Comm. Mr. Gardner said the committee has just finished interviewwing seventeen architects who responded to its request for proposals. They have a tentative candidate for selection. The next step is to begin negotiating a fee with the designer. They will begin the process next week, and will. notify the Board of the fee proposal for approval to start the process of drafting a contract for services. 1 Q The Chairman asked when they see the design process going forward. Mr. Gardner replied that he hoped it would be done in February. He said the only thing that will delay it is the preparation of the contract. They also need to install an 1,100 linear foot water service, concerning which they have talked with the Water Department, to be paid for from funds allocated by Town Meeting to service the area. He reported that a contract has been signed to bring the area down to final grade, and blasting will be necessary. Discussion followed about installing water service at the Recycling Transfer Facility. The Chairman asked if the committee would look into the cost of putting in water service to the existing office building. Mr. Gardner agreed to do this. Location of a hydrant and diesel and gas tanks were also discussed. Mr. Sullivan asked when they would expect to break ground. Mr. Gardner estimated that it would be around May. He said there will be a five-month construction process. The Chairman commended the committee for doing a good job. Discussion of Annual Town Meeting Warrant articles resumed. ATM Warrant articles Article #21 (to update and revise job descriptions and Pay cont'd. Classification Plan) was tabled. Ic Motion of Mrs. Gjesteby to accept Articles #22 and #23 (to {_ purchase school buses; to remodel auditorium and gymnasium at the High School) . MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Page 6 Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept Article #24 (citizens' petition to rezone) . Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Goedecke to accept Article #25 (amend Article VII of General By-Laws) . Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Articles #26, #27, #28, #29, #30, and #31 (options for Hagerty property rezoning) were tabled. Mrs. Goedecke suggested broadening Article #16 (use of the Hagerty property showroom) to include other kinds of uses. She proposed to designate an evening meeting to decide what is to be done with the Hagerty property. The Chairman agreed, and suggested that a decision be made by February 20 on a recommendation to be made to Town Meeting for use of the property. The Chairman proposed adding an article to make the position of Treasurer-Collector appointive. Motion of Mr. Sullivan to do this. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The Chairman said the Board needs something in writing from the Government Structure Committee. Mrs. Goedecke said an opinion is required from Town Counsel. The Chairman said he has already asked for it. Motion of Mr. Sullivan to insert an article, pending a positive outcome of the Osgood School vote, to formulate a committee to investigate the most effective means for putting the Osgood building and property back on the tax roles. Second by Mrs. Goedecke, with the amendment that the committee Qreport to Special Town Meeting in the fall. Vote 4 - 0 in favor, none opposed. Zs9 i MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 V' Page 7 There was discussion as to who should be on the committee. Articles for the Special Town Meeting Warrant were considered. STM Warrant articles Motion of Mrs. Goedecke to accept Articles #1 and #2 (unpaid bills; supplement FY96 appropriations) . Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept Article #3 (administer State Wetlands Protection Act) . Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept Articles #4, #5, and #6 (Sewer Commission borrowings) . Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. Request of the Water Resources Protection Committee to increase its membership was considered. Motion of Mrs. Goedecke to appoint John Rafferty to the Appt. to Water committee. Res. Prot. Comm. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Consideration of an agreement for consulting services with Fugro Fugro East East, Inc. was tabled. agmt. tabled Motion of Mr. Sullivan to approve a step-rate increase for Jane Fire Dept. E. Henderson of the Fire Department, from Schedule I, Pay Group E step-rate @$11 per hour to Schedule I, Pay Group E @$11.57 per hour. increase Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept the resignation of the Elizabeth Accept resig. B. Ripley, Treasurer-Collector, effective February 16, 1996, with Treas./Coll. regret and thanks. Second by Mrs. Gjesteby. 1 S Q MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Page 8 Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve payment of bills of Warner & Prof. bills Stackpole, in the sum of $8,464.20 and $2,671, respectively, for the period November 1-30, 1995, for the Landfill and zoning litigation. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Discussion took place concerning award of the bid on the James Bid award, Brook tidal gates request for proposals. James Brook tidal gates Motion of Mrs. Gjesteby to award the bid to Tutela Engineering Associates for the James Brook tidal gates work. Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. Comments were made relative to the Barry Waste Recycling Center Comments re proposal. Mrs. Gjesteby said she went to the scopinq hearing and Barry Waste F she has submitted comments iVwiirtiM's'Vti; n letter proposal prepared for the Board's signature was amended, with an addition to require an environmental impact report. Motion of Mr. Sullivan to approve the draft letter, as edited, and including the EIR requirement. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Mr. Callahan was recognized. He expressed concern that Mr. CHL site assign- Kimmell is not going to be present at the CHL hearings this week. ment hearings Mrs. Goedecke said the meetings Mr. Kimmell felt he did not need discussed to attend were numbers 4, 5, and 6. The Chairman said the decision is cost related, but Mr. Kimmell had been asked if he felt there were any meetings he did not need to attend. Mr. Callahan stated that on Tuesday they are going to continue cross-examination of Mr. Quinn. He said they cannot speak in Mr. Kimmell's absence, and there may be some follow-up questions that need to be asked. He thinks someone should tb-,elltPfroe tq,Pr tect the Town's interest. He offered to contr1bAe mone°y,� 1 i °is rvation Commission the Board's concern to save money. He said that Mr. Kimmell is representing the Conservation Commission, as well as the Water Commission, and they have not been consulted. He also did not j think that two people from Warner & Stackpole should be present every night. He considers it important that Mr. Kimmell be 1 q 3 Q MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Page 9 present. Motion of Mrs. Gjesteby that if the Conservation Commission feels there should be legal counsel at the meetings, the Commission will offset the cost by providing funds from its legal account. Second by Mrs. Goedecke. Vote 4 - 0 in favor, none opposed. The Board members commented on other matters. Other business Mrs. Gjesteby said she and Mr. Brown attended the recent MMA conference and commented briefly on the program. Motion of Mr. Sullivan to re-investigate the possibility of going Vote to invest. to a private ambulance. privatization of ambulance He added that he is concerned with difficulties with the Fire service Department. One Captain has dropped his EMT status. He thinks the Board needs to be prepared to take alternative steps. He requested that Mr. Buckley and Mr. Doyon be asked to do research into costs associated with privatizing the ambulance service and present the results to the Board for discussion. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Mrs. Goedecke said January 25 was the deadline for proposals for Date set for Town Counsel to be received. There were eleven. Mrs. Gjesteby Town Counsel suggested forming a sub-committee to look over the RFP, comprised selection of lawyers with an objective view, as well as private citizens. Mr. Sullivan thought a sub-committee would be cumbersome. The Chairman said all members should go through the information, talk with other people, and report back after weeding the applications down to two or three. Mrs. Goedecke said Mr. Doyon should be asked to do a grid of the applicants. Also, she wants an opinion from Town Counsel. She suggested co-ordinating the contacting of references, and asked that Mr. Doyon be given a list. The Chairman set a target date of February 15. The Chairman commented on a requirement in the Town of Ludlow for twelfth grade students to take a town government course. He thought Superintendent Hart should be approached to see if there is any interest in doing this in Cohasset. The press and public were asked for comment. Press/public The Chairman asked for a motion to go into executive session with 2�? Q MINUTES - MEETING OF BOARD OF SELECTMEN January 29, 1996 Page 10 the Personnel Committee to discuss contracts and other related matters, not to return to open meeting. Mrs. Goedecke said she would also like to discuss the minutes of a previous executive session. Motion of Mrs. Goedecke to go into executive session for the Exec. session above purposes. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Sullivan - Aye. ' The Board went into executive session at 9:30 p.m. and did not return to open meeting. APPROVED: DATE: Chairman Town Oministrator 2 CORRESPONDENCE LIST January 29, 1996 1. William Constable, Metropolitan Area Planning Council, re transportation �i projects. 2. John Winters, Harbormaster. Options available re dredging of contaminated material at Harbor. 3. Sabin Lord, Jr. , Department of Environmental Protection. Public comment review re Lawrence Wharf. 4. Jean Haggerty, Nucci Vine Associates, to Timothy Timmermann, U. S. Army Corps of Engineers, re dreding project. S. John Adelmann, DeFeo, Wait & Pare. Certified mail notice of Request for Determination of Applicability - Waste Recycling Facility, 110 Chief Justice Cushing Highway. 6. William Constable, Metropolitan Area Planning Council. Interim report of FHWA on the transportation planning process in the Boston region. 7. State Senator Robert Hedlund, re Cohasset Heights Limited Landfill expansion project, with copy of letter from DEP. 8. Gerard and Lynne Buckley to Chief Roger Lincoln. Commendation for assistance of EMT's Bilodeau and Dockray. 9. Richard A. Henderson, Esq. Withdrawal of appearance re CHL site assignment hearing. 10. Andrew Brennan, Mgr. Environmental Affairs, MBTA. Advisory re restoration of Greenbush R. R. and request for meeting. 11. Neil J. Murphy, Murphy Associates. Notice of Public Hearing re Ledgewood Estates. 12. Stephen E. Hart, Supt. of Schools. Motion of School Committee at STM re Joseph Osgood School. 2(y AGENDA -REGULAR MEETING OF BOARD OF SELECTMEN SELECTMEN'S MEETING ROOM February 5, 1996 O7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of: 1. Executive Session of January 9, 1996 2. Executive Session of January 16, 1996 3. Regular Meeting of January 29, 1996 4. Executive Session of January 29, 1996 D. Scheduled Items T45 p.m. Peter Laugelle - Request for Reserve Fund Transfer Discuss Warrant Article 8:00 p.m. Tony Roselli - Management Letter Report and Audit Services E. Old Business 1. Appointments and Re-appointments 2. Consider Acceptance of Annual and Special Town Meeting Articles F. New Business 1. Discuss D.O.R.'s Criminal Justice Training Council Assessment 2. Consider Resignation from Mosquito Control Committee 3. Review and Approval of Professional Statement of Richard A. Henderson $2142.00 4. Consider Approval of Agreement with McDonough& Scully, Inc. 5. Consider Approval of Agreement with Fugro East, Inc. 6. Take any Necessary Action re Treasurer/Collector's Pending Vacancy G. Town Administrator- Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board ?6s jds 2 5 96 MINUTES - MEETING OF BOARD OF SELECTMEN February 5, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Peter J. Pratt Michael H. Sullivan Others present: Harold W. Litchfield - Highway Surveyor Peter G. Laugelle - Tree & Park Supt. J. Michael. Buckley, Jr. - Town Accountant Anthony J. Roselli - Auditor Elizabeth B. Ripley - Treas./Collector Robert V. Davenport David Johnson - Cohasset Mariner Molly Hochkeppel - Patriot Ledger Gregory J. Doyon - Town Admr. Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. , Chairman Brown Call to order presiding. Motion of Mr. Sullivan to approve, ratify, and confirm the Treasury signing of bill warrant #32B, payroll warrant #32P and school warrants warrant #32S of February 1, 1996, by Chairman Brown and Selectmen Gjesteby, Goedecke and Sullivan. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman said he plans to call an executive session to go over matters relating to counsel for the Cohasset Heights, Ltd. , site assignment hearings. Motion of Mr. Goedecke to approve the minutes of executive Mins. exec. session of January 9, 1996. session 1/9/96 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve the minutes of executive Mins. exec. session of January 16, 1996. session 1/16/96 Second by Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Goedecke to approve the minutes of meeting of Mins. mtg. January 29, 1996, as amended. 1/29/96 Second by Mrs. Gjesteby. r 4 i Q MINUTES - MEETING OF BOARD OF SELECTMEN February 5, 1996 Page 2 Vote 5 - 0 in favor, none opposed. Motion of Mrs. Goedecke to approve the minutes of executive Mins. exec. session of January 29, 1996. session 1/29/96 Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. No appointments or re-appointments were made. Town Meeting Warrant articles were discussed. Town Mtg. war- rant articles Motion of Mrs. Goedecke to accept an article for Special Town Meeting to cover overtime in the Fire Department. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept an article for Annual Town Meeting to amend the Zoning By-law relating to height of flagpoles. Second by Mrrs. Goedecke. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Goedecke to accept three articles for the Warrant for Special Town Meeting from the Conservation Commission having to do with preparation of an Open Space and Recreation Plan, acquiring land known as "Turkey Hill" for conservation purposes, and funds to administer the State Wetlands Protection Act. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept three articles for the Warrant for Special Town Meeting from the Sewer Commission for repairs to the wastewater collector system, and assessment of betterment charges. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Mr. Laugelle presented a request for a transfer from the Reserve Req. of Tree & Fund for overtime occasioned by storms. Park Dept. for transfer from Motion of Mr. Pratt to take positive action on Superintendent Reserve Fund 7 MINUTES - MEETING OF BOARD OF SELECTMEN February 5, 1996 Page 3 Laugelle's request for a transfer of $1,400 from the Reserve Fund for overtime. Second by Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. Mr. Laugelle distributed literature relating to purchase of Req. of High- machinery to be used jointly by the Highway and Tree and Park way and Tree & Departments, requesting approval of an article for Special Town Park Depts. Meeting for purchase of a multi-purpose machine with a mower for warrant deck. He explained he had originally asked for $22,000 for a article lawnmower. He said the grasscatcher has been eliminated and Mr. Litchfield would like to add certain attachments. Mr. Litchfield explained the use of the additional equipment, at the request of the Board. Motion of Mrs. Goedecke to accept the article for insertion in the Special Town Meeting Warrant for purchase of a four-wheel drive, multi-purpose machine with mower deck, cab and optional attachments. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Goedecke to recommend approval of this article for the sum of $27,000. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Laugelle asked the Board to consider acknowledging the work that has been done by Eastern Edison Company. The Chairman said the matter would be brought up later in the meeting. Mr. Roselli reviewed the Management Letter report and audit Report of services provided by Tucci & Roselli, CPA, and stated that the auditor Town is being efficiently managed. The pension fund account was also discussed. Mr. Roselli suggested that the Town might want to consider applying for a Certificate of Achievement, which he explained to be a comprehensive report with every disclosure that is looked upon favorably by the financial community. He said it could affect the bond rating. Mrs. Ripley said Cohasset is now rated A-l; the better rating is AA. The Board complimented Mrs. Ripley and Mr. Buckley on their work. Mrs. Ripley presented a proposal for the operation of the Proposal of Treasurer/Collector's Department following her pending Treas./Collector MINUTES - MEETING OF BOARD OF SELECTMEN February 5, 1996 Page 4 resignation. She discussed the proposed audit of the department, which Mr. Roselli recommended doing at the end of the month. Mrs. Ripley said if she continues to work Thursday nights during the interim period she will still be part of the balancing process. Motion of Mr. Pratt to award the audit of the Treasurer/ Collector's Department to Tucci & Roselli, pending final determination of the date, in an amount not to exceed $2,000 stop and start, the date to be mutually agreed upon by the Board of Selectmen, Town Accountant, and current Treasurer/Collector. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Action was discussed concerning the pending vacancy in the Treasurer/Collector's office. Mrs. Ripley's proposal of operation was reviewed. She said each of her assistants feel they would like to continue with their present duties and move into other areas. She listed the respective duties. The Board members questioned Mrs. Ripley concerning procedural matters, following which she recommended that the assistants' bonds be increased to the amounts of her bonds. Mr. Pratt inquired about the status of a warrant article for Town Meeting to abolish the elected position. The Chairman said he is waiting for an opinion from Town Counsel. Mr. Pratt said he does not see any way around bringing it before the state Legislature. Discussion followed as to whether the changeover could take place in the middle of a term. Motion of Mrs. Goedecke to accept the proposal of the Treasurer/ Collector for temporary re-organization of the office until a permanent situation is decided upon, with stipend to be determined. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Roselli was asked his opinion as to the position's being 1 elected or appointed. Mr. Roselli said it should be appointed, as the search goes a lot further. The Massachusetts Department of Revenue's Criminal Justice DOR's Criminal Training Council assessment was discussed. Mr. Doyon said there Justice Trg. will be assessments for the cost of police training; the Town Council proposal ® will be billed for every individual who has basic Police Academy tabled training. He suggested having the recruit sign an agreement that he will stay with the Police Department for five years, in order Zy :r Q MINUTES - MEETING OF BOARD OF SELECTMEN February 5, 1996 Page 5 to mimimize the cost. Mrs. Gjesteby said she wanted to have the matter tabled so that the Police Chief could appear to present it. The Chairman tabled the matter for a future time. Motion of Mrs. Gjesteby to accept the resignation of Vincent P. Acceptance of Dunn from the Mosquito Control Committee, with regret, and with resignation thanks for his service. Second by Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve for payment the invoice of Prof. bill Richard A. Henderson, Esq. , in the sum of $2,142, for the period January 1-31, 1996. Second by Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to approve a contract with McDonough & Approval of Scully, Inc. , for engineering services in connection with the CHL engineering site assignment hearings, in an amount not to exceed $6,000. contracts Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Motion of Mr. Pratt that the Board of Selectmen retain the engineering firm of Fugro East, Inc. , for representation of the Town in the public hearings regarding CHL, for a budgetary figure not to exceed $11,795. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Doyon reminded the Board that the Tree and Park Department Eastern Edison had made a suggestion earlier in the meeting concerning Edison Co. discussed Edison Company. Discussion followed. Motion of Mr. Pratt to request a checklist from Eastern Edison Company as to what has been accomplished and how it has been accomplished, so that it can be understood what issues should be looked for from a utility company; and to thank them and ask for an update. Second by Mrs. Gjesteby. MINUTES - MEETING OF BOARD OF SELECTMEN February 5, 1996 Page 6 Vote 5 - 0 in favor, none opposed. The Town Administrator reported: Town Admr's report There have been reports in the media that the Town is going to receive $12,000 from the state to assist with snow removal, and an undetermined amount from FEMA for the blizzard of January 7, 1996. A report has been received from the Fire Chief regarding the Red Lion Inn. He said he met with the new owners and explained the code violations on the premises. There is a note on the Selectmen's desk from the ambulance billing clerk, who saw reports of last week's meeting in the press regarding billing and writeoffs. Essentially, what happens is when there are there are transports by the P-1 medical unit to South Shore Hospital, the hospital does the billing. Per contract, the Town gets 80% of its usual ambulance rate and the writeoff is the difference. There was a call today from a Hull Street resident asking about the role the Town is taking on protesting the rate increase of the Mass. American water rate increase. Aside from looking at the hydrant rentals, not much has been done. [End of report. ] The Chairman said Hingham wanted the location of the plant moved, Disc. re Mass. at a cost of seven million dollars. He thinks the Town should American water get involved. Mr. Doyon said that counsel for Hingham and Hull rate increase are collaborating. Cohasset may be able to offer assistance. Mr. Pratt asked Mr. Doyon to determine if the Town can act as an intervenor and report back to the Board. Mr. Doyon said there has been a request by a second grade class Approval of to sell baked goods at the election on Saturday, in order to req. to conduct benefit a needy family. bake sale Motion of Mrs. Gjesteby to approve the request of the second graders to sell bakery products at the Town Election. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. The Board members commented on various matters. Other business Mr. Pratt said he was contacted by a resident who is concerned that the fire contract has not been put together and made available. Mr. Doyon reported that the Personnel Committee said MINUTES - MEETING OF BOARD OF SELECTMEN February 5, 1996 Page 7 that originally the Firefighters union would be putting the contract changes together and they did not do that for a long time. The contract was then reviewed by counsel., who saw several further changes. He said the new changes have been sent to the union. As soon as they sign, the Selectmen will sign, unless the Board members prefer to sign first. Mrs. Goedecke said February 29 should be the deadline for the Board to sign. She suggested writing the union a letter to this effect. Mr. Pratt said all that can be done about the Harbor dredging is to keep working on it. He added that everyone has been extraordinarily helpful. Mrs. Gjesteby thanked Louis Bailey for volunteering use of a plow and his time to plow snow. She also reported on the Town's share of lottery money. Mr. Brown asked Mr. Doyon look at the request for additional lighting at Government Island and see what could be recommended. Mrs. Goedecke said the Tree and Park Department, Highway Department, and Harbor Master should be involved. Mr. Doyon said there was a response from Lightkeepers Corp. today on the lighting issue. He said that expansion of the parking lot would involve permitting and there are ledge and wetlands there. The Chairman mentioned a letter received from Troop 44 of Norwell concerning the promotion of a Cohasset boy to Eagle Scout. He requested that a letter of congratulations be sent. The press and public were asked for comment. Press/public Mr. Davenport asked that an oil tank be removed from the premises he rents to the Tree and Park Department, and to have rubbish picked up from around the building. The Chairman requested that Mr. Doyon take care of the matter. The Chairman asked for a motion to go into executive session to Exec. session discuss legal strategy regarding Cohasset Heights, Ltd. , not to return to open meeting. Motion of Mrs. Goedecke to go into executive session for this purpose. Second by Mrs. Gjesteby. vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye ® Mr. Pratt - Aye Mr. Sullivan - Aye. *that he, the Highway Surveyor, and the Harbor Master i MINUTES - MEETING OF BOARD OF SELECTMEN February 5, 1996 Page 8 The Board went into executive session at 9:45 p.m. and did not return to open meeting. APPROVED: DATE: Chairman "a � u To,,wf Administrator 7 a3 CORRESPONDENCE LIST February 5, 1996 1. Hamilton Tewksbury, Government Island Study Committee. Recommendations for improvements to Government Island. 2. Harold Litchfield, Highway Surveyor. Snow overspending. 3. Walter Hannon. Permission to plant a tree. 4. Roger Lowe, re appraisal of Hagerty property. 5. Susan Eid, Continental Cablevision, to John Patrone, Commissioner, Mass Cable Commission, re rate changes. 6. Cohasset Water Services, Inc. Minutes of meeting of January 24, 1996. 7. Timothy Timmermann, Department of the Army, New England Division, Corps of Engineers, to Ms. Roebuck, re Hagerty property. 8. Carol Bestick. Request to attend Boy Scout Troop 44 of Norwell ceremonies on March 9. 9. John Patrone, Cable Television Commission to Susan Eid, Esquire, Continental Cablevision, re rates. 10. John and Laura Doherty. Letter of complaint re conduct of Town Meeting and CHL Site Assignment hearings. :. 11. Senator Robert Hedlund, Massachusetts Senate, re Governor Weld's FY97 budget. 12. Roland St. C. Barrie, Cohasset Dramatic Club, re video and audio equip- ment removal in auditorium for performances. 13. Robert Marsh, Mass Department of Revenue, Divsion of Local Services. Bulletin re Charter School reimbursements. 14. Philip Coates, Director, Mass Division of Marine Fisheries. Notice of closure of shellfish beds. 15. Fire Chief Roger Lincoln. Overtime report - November, 1995. 16. Police Chief Brian Noonan. Status Report for January 1996. ay AGENDA- REGULAR MEETING OF BOARD OF SELECTMEN SELECTMEN'S MEETING ROOM February 12, 1996 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of: 1. Regular Meeting of February 5, 1996 2. Executive Session of February 5, 1996 D. Scheduled Items 7.45 p.m. Police Chief- Criminal Justice Training Council Assessments 8:00 p.m. Fire Chief - Warrant Articles 8:15 p.m. Thomas Callahan -Warrant Articles 8:45 p.m. John McNabb - Warrant Articles 9:00 p.m. Executive Session E. Old Business 1. Appointments anmd Re-appointments 2. Consider Positions on Selectmen-sponsored Articles F. New Business 1. Consider Request of Red Cross to Proclaim March Red Cross Month 2. Review and Approval of Professional Statements of (a) RDA Construction Corp - $38,430 (b) Civil Designs, Inc.: 1. May 1-31, 1995 - $160 2. June 1-30, 1995 - $160 3. August 1-31, 1995 - $382.86 4. September 1-December 15, 1995 - $340 3. Consider Appointment of Acting Treasurer/Collector and Action on Related Matters 4. Take any Necessary Action re Mass.-American Water Proposed Rate Increase 5. Take any Necessary Action re Town Counsel Selection Procedure G. Town Administrator- Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board ?�s jds 2 12 96 MINUTES - MEETING OF BOARD OF SELECTMEN February 12, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Peter J. Pratt Michael H. Sullivan Others present: Brian W. Noonan - Chief of Police Roger W. Lincoln - Chief of Fire Dept. John K. McNabb, Jr. - So. Shore Reg. Ref. Plg. Bd. Thomas J. Callahan - Conservation Commission Veneta P. Roebuck - " F. Roy Fitzsimmons Noel A. Ripley - Historical Commission Robert V. Davenport Molly Hochkeppel - Patriot Ledger David Johnson - Cohasset Mariner Gregory J. Doyon - Town Admr. Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. , Chairman Brown Call to order presiding. Mrs. Goedecke was not present. Motion of Mr. Pratt to approve, ratify, and confirm the signing Treasury of bill warrant #33B, and payroll warrant #33P of February 8, warrants 1.996, by Chairman Brown and Selectmen Gjesteby, Goedecke and Sullivan. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve the minutes of meeting of Mins. mtg. February 5, 1996, as amended. 2/5/96 Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to approve the minutes of executive Mins. exec. session of February 5, 1996. session 2/5/96 Second by Mr. Pratt. Vote 4 - 0 in favor, none opposed. Appointments and re-appointments were tabled. Appts./Re-appts. Motion of Mrs. Gjesteby to proclaim March as American Red Cross Red Cross Month Month. proclaimed QSecond by Mr. Pratt. Vote 4 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN February 12, 1996 Page 2 Motion of Mr. Pratt to approve for payment Application No. 1 of Prof. bills RDA Construction Corp. , for the period of November 16, 1995, to January 25, 1996, in the sum of $38,430, for Harbor wall repairs. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve for payment the following bills of Civil Designs Inc. , in connection with the Hagerty property: May 1-31, 1995, $160; June 1-30, 1995, $160; August 1-31, 1995, $382.86; September 1-December 15, 1995, $340. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The Board considered the appointment of Acting Treasurer/ Appt. of Acting Collector. Mr. Doyon said a recommendation has been received Treas./Collector from the Treasurer/Collector whose resignation becomes effective this week. He said he conferred with staff and a union representative _last week and he proposes that the Board approve payment of a stipend of $100 per week to the Assistant Treasurer and the Assistant Collector to make them Acting, respectively. They would be expected to work some overtime and they would be paid time and one-half in excess of forty hours. They have agreed to this proposal. Mrs. Ripley has indicated she is available to work Thursday evenings for the period and he recommends a payment of $25.00 an hour. He said that since the Assistant Treasurer and Assistant Collector are union employees, their employment will have to be approved by the union. Mrs. Gjesteby asked if it would be necessary to have Mrs. Ripley come back evenings. Mr. Doyon replied that he thinks it is a good idea to allow it week by week, as needed. Mr. Sullivan added that it should be at Mr. Doyon's discretion. Roy Fitzsimmons, 100 Doane Street, asked about the payment rate. Mr. Doyon explained that it is a temporary stipend which will go into the base pay for the period of time necessary. Motion of Mr. Pratt to move the appointment of Sally Lincoln as Acting Treasurer of the Town of Cohasset, and the appointment of Linda Litchfield as Acting Collector of the Town of Cohasset, at the rate of remuneration, including weekly stipend, as outlined by the Town Administrator, and the retention of Betty Ripley at a Q rate not to exceed $50 per week to the Treasurer/Collector's office, as needed. MINUTES - MEETING OF BOARD OF SELECTMEN February 12, 1996 Page 3 Vote 4 - 0 in favor, none opposed. Police Chief Noonan explained the Criminal Justice Training Crim. Justice Council assessments. He recommended that the Board waive the Training Council $1,800 fee and have the recruit sign a training fee agreement assessments disc. that he or she would remain an employee of the Town for a period of five years; and if he or she ends employment within that period, the Town would require repayment of the $1,800. Chief Noonan distributed a copy of the agreement drawn up by the Massachusetts Police Chiefs' Association, to be put before the Town for acceptance. Mr. Brown observed that there is an officer going for training next month and asked if he would come under this agreement. The Chief said he would, and the recruit has indicated his willingness to sign. Mr. Pratt asked about other costs and the rate of turnover. Chief Noonan said there have been three or four officers who have left in the past ten years, and the cost to the Town was $11,000 each, plus fringe benefits. Mr. Sullivan asked what motive there is for charging the employee. Chief Noonan replied that the idea is to get back the training cost, but it will be going right back into the state budget. Mr. Sullivan said he does not like the idea of charging the recruit. Motion of Mr. Pratt to approve the proposal. Second by Mrs. Gjesteby. Mr. Pratt said is is important to support the Massachusetts Chiefs of Police, and this decision is on the side of municipalities; that it is serving in this instance the interests of the cities and towns. Vote 3 - 1 in favor, Mr. Sullivan opposed. Mrs. Gjesteby asked about speeding conditions on Windy Hill. The Other police Chief said he has submitted a report on this and signage has been matters suggested. Mr. Brown said the Board would like to have the Chief's opinion regarding hand gun control proposed by the City of New Bedford. Mr. Brown announced that there will be a meeting with the School Announcement of Committee and School Facilities Committee on February 22, at 7:30 meeting p.m. , in the Audiovisual Room at Cohasset Jr.-Sr. High School. Chief Lincoln presented the Fire Department's warrant articles. Fire Dept. He stated he is presenting an article to Special Town Meeting warrant articles requesting a supplemental amount for overtime of $17,000. He discussed explained that his budget has been depleted to the point that he MINUTES - MEETING OF BOARD OF SELECTMEN February 12, 1996 Page 4 does not think he it will last to June 30. Mr. Pratt said this would add $17,000 on top of the appropria- tion, and inquired as to the reason. Chief Lincoln said there have been eleven storms this winter and as of January 1, his account was down to about 50%. Discussion followed regarding conditions of callback. Mr. Sullivan said he would like to table the discussion for two weeks in order to do some investigation before a decision is made. Motion of Mr. Sullivan to table the matter for two weeks. Second by Mrs. Gjesteby. Mr. Doyon stated that the Advisory Committee does not want to invite department heads in prior to their appearance before the Board of Selectmen. He asked if it is all right for the Chief to appear before the Advisory Committee now. Chairman Brown asked that the motion be amended to table decision for one week. Mr. Sullivan agreed to the amendment. Vote 4 - 0 in favor, none opposed. Chief Lincoln explained Article #12 of the Annual Town Meeting Warrant, which would require installation of sprinklers in lodging and boarding houses. The Chairman asked if the provision affects any building other than the Red Lion Inn. The Chief replied that that is the only instance; it would require the Red Lion Inn to install a sprinkler system and the owners will have five years to do it. Motion of Mrs. Gjesteby to approve Article #12 requiring sprinklers in lodging and boarding houses, under the provisions of M.G.L. Ch. 148, s. 26H. Second by Mr. Pratt. Vote 4 - 0 in favor, none opposed. Mr. Callahan, Chairman of the Conservation Commission, presented Conserv. Comm'n. three articles. articles disc. Motion of Mr. Sullivan to support Article #3 on the Special Town Meeting Warrant (to fund administration of the State Wetlands Protection Act) . Second by Mrs. Gjesteby. 2�q MINUTES - MEETING OF BOARD OF SELECTMEN February 12, 1996 Page 5 Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve Article #8 of the Annual Town Meeting (to fund an Open Space and Recreation Plan) . Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Mr. Callahan explained the plans for funding of Article #9 of the Annual Town Meeting (to acquire "Turkey Hill" land) . Motion of Mr. Sullivan to transfer Article #8 to the Special Town Meeting Warrant. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to approve Article #9 (to acquire "Turkey Hill" land) . Discussion followed concerning the advisability of indefinitely postponing this article. The Chairman said more information is needed. Mrs. Gjesteby withdrew her motion. Mr. Callahan was asked to supply more information. Motion of Mr. Sullivan to support Annual Town Meeting Warrant ATM Warrant Articles #1 (Act on reports) , #2 (Hear reports of Committees) , #3 articles (Fix salaries and compensation) , #6 (Assume .liability for work of DEM) and #7 (Borrow money in anticipation of revenue) . Second by Mrs Gjesteby. Vote 4 - 0 in favor, none opposed. Action on Article #4 (Amend Personnel Classification By-Law) and #5 (Set salaries of Town Officials) was held. Motion of Mr. Sullivan to support Article #10 (Fund replacement account for capital expenditures for Water Department) . Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Article #11 (South Shore Regional Refuse Disposal Planning Board expenses) was held. Article #12 was previously acted on. 2 MINUTES - MEETING OF BOARD OF SELECTMEN February 12, 1996 Page 6 Article #13 (fund repair of roadside fences) is awaiting an estimate from the Highway Department. Article #14 ("Pay per Bag" system) was discussed. The Chairman said more information is required. The article was held. John McNabb presented Article #11 (to fund expenses for the ATM Warrant Arts. Town's share, South Shore Regional Refuse Disposal Planning #11 and #20 Board) . Motion of Mr. Sullivan that the Town appropriate the amount of $4,000 for its contribution to the South Shore Regional Refuse Disposal Planning Board, with the specification that the Town will not spend the money unless seven other towns agree to do so. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The Chairman said Article #20 (Citizens' petition to rezone new highway business district) will have to go to the Planning Board before any action is taken. Mr. McNabb is to re-appear before the Board afterwards. The Mass.- American Water Company's proposed rate increase was Mass.-Amer. Water discussed. Mr. Doyon said the Town has the option of filing late Co. prop. rate for intervenor status, and that Town Counsel should be contacted increase disc. in this event. He told the Board there is a hearing in Boston tomorrow on procedural matters. Mr. Pratt said he wants to see constituents in the North Cohasset Water District represented. He suggested the Town could "piggyback" on the efforts of Hingham and Hull and still represent its own constituents. He said the Board should be on record as representing these people. Chairman Brown wanted to know the cost of intervention. Motion of Mr. Pratt that the Cohasset Board of Selectmen authorize Town Counsel Richard Henderson to file a petition for late filed intervention status with the Massachusetts Department of Public Utilities to represent the ratepayers of the so-called North Cohasset Water District, defined as those residents and businesses served by the Mass.-American Water Company within the boundaries of the Town of Cohasset. Mr. Sullivan seconded the motion, with the amendment that Richard Henderson investigate and come back to the Board before doing anything of this sort because it may be a transition period for CTown Counsel. Vote 4 - 0 in favor, none opposed. -Wei MINUTES - MEETING OF BOARD OF SELECTMEN February 12, 1996 Page 7 Discussion of Annual Town Meeting Warrant Articles was continued. ATM Warrant Art. (Cont'd.) Regarding Article #15 (Install air-conditioning at Library) , Mr. Brown said the Library Trustees should appear before the Board. Article #16 was acted on previously. Article #17 (Amend the By-Laws to limit terms of committee members) was discussed. Motion of Mr. Sullivan not to recommend Article #17. Second by Mr. Pratt and Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Regarding Articles #18 and #19, Chairman Brown said the School Committee should present them. Article #21 (Amend Zoning By-law to allow flag poles in excess of 35 feet) was held for Planning Board action. ® Article #22 (Amend By-laws re noise) was tabled. i Articles #23 - #29 (Hagerty property) were tabled. Article #31 (Amend By-laws to make position of Treasurer/ Collector appointive) was briefly discussed and it was agreed that further information is required. The Town Administrator reported: Town Admr's. report A letter was received last week from the MBTA asking to meet with the Board. He has set up a meeting for March 4 to discuss where the Greenbush Railroad project goes from here. He understands there were representatives of the "T" in Town last week. The snow removal deficit is up to $63,000. [End of report. ] Mr. Doyon said Noel Ripley has a resolution that he has asked to Req. of Cohasset be considered for Town Meeting. (Copies were distributed) . The Historical Comm'n resolution related to a vote by the Cohasset Historical re town history Commission to have the Selectmen appoint a committee for the purpose of having written a new history of the Town. Mr. Sullivan asked how it was going to be written. Mr. Ripley replied that the Town may have to hire an editor. Motion of Mr. Sullivan to support the resolution. a a 3 9 28� Q MINUTES - MEETING OF BOARD OF SELECTMEN February 12, 1996 Page 8 Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The Board commented on various other matters. Other business Mr. Pratt asked to have an analysis of the fire alarm system completed. Chairman Brown said there was a letter from Eastern Edison Company concerning what they had already done and what they are planning to do over the next year. He said if there are any questions they could be referred to Mrs. Hassan, the Vice President, and that a letter of thanks should be written to them. Mr. Pratt raised issues of concern. Mr. Sullivan suggested that Mr. Doyon draft a letter in which Mr. Pratt could incorporate his concerns. The press and public were asked for comment. Press/public The Chairman requested a motion to go into executive session to discuss a grievance of the Fire Department and legal strategies on Cohasset Heights, Ltd. and Konohasset Clerical and Custodial Association. Motion of Mr. Pratt to go into executive session for these Exec. session purposes, not to return to open meeting. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mr. Pratt - Aye Mr. Sullivan - Aye. The Board went into executive session at 10:00 p.m. and did not return to open meeting. APPROVED: DATE: Chairman Tow Administrator CORRESPONDENCE LIST February 12, 1996 1. Jane Henderson, Fire Department. January 1996 ambulance billing report. 2. Constance Jones, re ambulance service. 3. Janice Davidian, New Bedford City Clerk's office. Request for support on legislation re illegal firearms. 4. Harold Litchfield, Highway Surveyor. Snow overspending. 5. Joseph McElroy, re sewering plan. 6. Joseph McElroy, re repaving of private ways. 7. Virginia Ferenz, to Chief of Police Noonan, re speeding conditons on Windy Hill. 8. Virginia and Richard Ferenz, to Alfred Moore, Planning Board, re application for subdivision, Jerusalem Road Estates . 9. Frank Mercurio Const. Certified mail notice to construct/repair system, 365 N. Main St. , F & E Realty Tr. 10. Joseph McElroy, Cohasset Lightkeepers Corporation. GISC recommendation for improvements at Government Island. 11. Alfred Moore, Planning Board, re Jerusalem Road Subdivision 12. Barbara Hassan, V.P. , Field Operations, Eastern Utilities. Report update. 13. Board of Health, re Hagerty Property report. (hand del'd.) 14. Board of Health, re annual Health Fair/Health Awareness. (hand del'd.) 15. Eugene Cavanaugh, Director of Waterways, E.O.E.A. , Department of Environ- mental Management, re Agreement #9506 - Cohasset Harbor dredging. 16. Jacqueline Warren, SEMASS, re 1995 Summary of deliveries and payments. ? +L! AGENDA-REGULAR MEETING OF BOARD OF SELECTMEN SELECTMEN'S MEETING ROOM February 20, 1996 7:30 p.m. A. Attendance B. Treasure Warrants C. Minutes Review and Appproval of: 1. Regular Meeting of February 12, 1996 2. Executive Session of February 12, 1996 D. Scheduled Items 7:35 p.m. Roger Whitley- Request by Advisory Committee for Debt Exclusion Questions 8:00 p.m. Gary Gardner- Request to award Public Works Garage Engineering Contract 8:15 p.m. Robert Hillman -Discuss CATV Franchise Process E. Old Business 1. Consider Recommendation on Hagerty Showroom Disposal 2. Appointments and Re-appointments 3. Consider Request of Fire Chief for additional Overtime 4. Consider Positions on Selectmen-sponsored Articles F. New Business 1. Review and Approval of Professional Statement of Warner& Stackpole - (a) $13305.71, (b) $10623.00, (c) $2565.50 2. Consider Award of Bond Issue and Sign Bonds 3. Consider Recommendation of Safety Officer for Two Signs on Jerusalem Road 4. Consider Resignation from Personnel Committee 5. Consider Step Rate Increase for Firefighter 6. Consider Request of First Parish for One-day Liquor License 7. Take Any Necessary Action re Town Counsel Selection Procedure 8. Acknowledge Award of Senior High School Student as State Honoree 9. Take Any Necessary Action on Treasurer/Collector's Office 10. Consider Request for Supplemental Appropriation for Special Environmental Counsel and Related Expenses under Article#2 of STM 11. Consider Award of Police/Fire Computer System Bid G. Town Administrator- Update on Pending Matters H. Public and/or Press 1. Other Business That May Properly Come Before the Board a jds 2 20 96 MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Peter J. Pratt Michael H. Sullivan Others present: Roger S. Whitley - Advisory Comm. Rosanne M. McMorris - Conservation Comm'n. Alfred J. Moore, Jr. ) Veneta P. Roebuck Paul L. Pattison ) - Hagerty Prop. Acquis. Comm. Hamilton T. Tewksbury( J. Russell Bonetti ) Garry W. Gardner Robert D. Hill-man - Cable T. V. Council Kevin M. Ulmer Robert V. Davenport Molly Hochkeppel - Patriot Ledger Charlene Vandini - Cohasset Mariner Gregory J. Doyon - Town Admr. Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:32 p.m. , Chairman Brown Call to order presiding. Motion of Mrs. Goedecke to approve, ratify, and confirm the Treasury signing of bill warrant #34B, payroll warrant #34P of February warrants 15, 1996, by Chairman Brown and Selectmen Gjesteby, Goedecke and Sullivan, and school warrant #34S of the same date by Chairman Brown and Selectmen Gjesteby and Goedecke. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Pratt to approve the minutes of meeting of February Mins. mtg. 12, 1996. 2/12/96 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to approve the minutes of executive Mins. exec. session of February 12, 1996. session 2/12/96 Second by Mr. Pratt. Vote 4 - 0 in favor, none opposed, Mrs. Goedecke abstaining. Mr. Whitley, Chairman of the Advisory Committee, asked the Board Advisory Comm. to consider certain debt exclusion override questions. He re debt excl. reported that his committee has computed figures for FY97 except override ques. tabled MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 2 for the school and adjustments on debt service. He said that as of FY97 the Town side of the budget has increased .9%. Employee benefits were projected at 8%, and came in at 8.4%. Mr. Whitley said the Town Accountant has projected a 5% increase for the school because the Town has put in the $80,000 which the state has allowed. Free cash is $450,000 at present. To balance the budget and to take care of the non-union COLA adjustment, $143,000 is needed. $120,000 is planned for five articles in the Annual Town Meeting Warrant and two articles in the Special Town Meeting Warrant. He said that .leaves a balance of $187,000. Mr. Whitley continued that they have heard the Board of Health is looking for $100,000 additional money on its legal budget. Mr. Doyon interjected that he is not sure this is the bottom line, as there is also water resources and wetlands litigation. Mr. Whitley said there is a snow removal deficit of $65,000. The Town Accountant thinks $20,000 will be coming from the state on snow removal. He remarked that his committee looks at free cash as an offset to next year's override. Mr. Whitley said he is asking the Board to consider two debt exclusion override questions. The Town Accountant has said the Town can gain $40,000 on the Hagerty property on debt exclusion. The other consideration is .landfill capping. The Town would pick up $40,000 from an interest payment, for a total of $80,000 this year. On the two projects together, next year $170,000 would be gained in free cash if these were debt-excluded beyond the tax limit. If $80,000 and the $70,000 could be picked up next year, there would be $250,000 to apply towards the next year's override, and the general override could be reduced to under $200,000, without raising the tax base. There was general discussion, following which the Chairman tabled the matter until next week. Garry Gardner, speaking on behalf of Terry Atherton, Chairman of Approv. of the Public Works Garage Building Committee, requested that the letter contract - Board award the engineering contract for construction of the Pub. Works Gar. Public Works Garage. He explained that the committee had Bldg. Comm. interviewed for seventeen design proposals, shortlisted four, interviewed them, and selected one. They have negotiated a contract with a designer and are seeking approval from the Board. He stated that a cost of $726,000 was originally proposed for the garage. When the water main work, designer fees, etc. , were taken out there remains a budget closer to $600,000 for construction. They will probably be looking at a smaller building of 14,000 square feet. He said the designer is working with the committee to stretch the dollars. He explained that it will take a month to get the architectural contract approved by Town Counsel and they are wondering if they can proceed with a letter form of A MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 3 contract for the design portion. He said if they could proceed immediately with the letter form of contract, the work could start and they could schedule better. The Highway Surveyor wants to get into the garage before Thanksgiving because that begins a busy time of year. There is a ninety day design schedule, thirty days bidding schedule and award, and probably one hundred fifty days construction, for a total of nine months. The Chairman asked Mr. Doyon if a letter contract could be entered into. Mr. Doyon said a letter of award can be issued, so it is possible. He said it would give the engineer comfort level that he would be paid for his work. Mr. Gardner said the only risk is the engineer could try to slant the contract more in his favor, although he does not see that as a reality. The matter was discussed by the Board. Motion of Mr. Sullivan, in light of the timing issue, to award the contract as requested, and to provide authorization to proceed in anticipation of negotiating the contract. Second by Mrs. Gjesteby and Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. With regard to appointments and re-appointments, the Chairman Appts./Re-appts. requested Mr. Pratt to look into those committees for which he is liaison. Bills of Warner and Stackpole were briefly discussed and tabled Prof. bills for Town Counsel's approval. Mr. Pratt requested a total budget tabled statement. Robert Hillman discussed the cable television franchise process. Cable TV He explained that he has been talking about the renewal process franchise disc. with Mr. Pratt, who asked him to come before the Board. Mr. Hillman said the Cable T. V. Council has recently looked at the license and realized it would expire in February 1999. They also looked into federal and state regulations, which require a thirty-six month process period prior to expiration. The time ' begins this month. He said they have entered a six months' window period in which the Town or Continental Cab.levision can start the renewal process. He described the process. Mr. Hillman explained that he has come before the Board to alert the Town to the fact of the window process, and he wants to know whether or not the Town should retain counsel. He mentioned that he knows a lawyer who deals with this kind of renewal, and added that the benefit of having someone who has dealt with Continental is substantial. He said the lawyer has offered to come in and Q MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 4 talk with the Board without charge. He has discussed guiding the council through the process and having the lawyer step in at a point where his experience will help the Town to get through the technical process. The Chairman inquired as to the cost. Mr. Hillman replied that the cable company is paying the Town a 50G fee per prescriber. He said payment will continue at that rate, or a higher rate, so there has been some income. In addition, he said payments will continue through the next license. There is also a possibility of pre-payment of some of it to cover the cost of renewal. He said the process is very complicated and the council wants to get the best services for the subscribers in the Town. Mr. Pratt said other towns' licenses expire at the same time. He asked if there is any possibility of working with other towns. Mr. Hillman said there are six towns outside of Quincy that Continental groups together: Cohasset, Hingham, Hull, Scituate, Norwell and Hanover. The council has been in touch with all of them. He said there should be assurance that Cohasset is getting the same package, and the council will attempt to work with the other towns. Motion of Mr. Pratt that the Board of Selectmen approve and allow the Cable T. V. Council to interview attorneys Peter J. Epstein, Howard E. Horton and/or William August, to consider their possible retention as special outside counsel for cable television licensing matters for the Town. Second by Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. Chairman Brown said the Board has rated applicants for Town Town Counsel Counsel and would like to interview four: (1) Deutsch Williams interviews Brooks DeRensis Holland & Drachman; (2) Murphy, Hesse, Twomey & scheduled Lehane; (3) Kopelman and Paige; and (4) Anderson & Kreiger. He proposed setting up interviews on February 28, beginning at 6:00 p.m. There was discussion. Mrs. Goedecke suggested doing an interview before next week's meeting, beginning at 7:00 p.m. and interviewing until 8:30 p.m. , and three more on February 28 from 7:00 to 10:00 p.m. Mr. Pratt asked that it be announced how the selection determination was made. The Chairman explained that all twelve applicants were rated. The Board members wanted to interview at least four. After the rating, two came in at the top. He defined the process. It was agreed that Mr. Doyon is to determine if the law firms selected can be available for interview at the times specified. a MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 5 Disposal of the Hagerty property showroom was considered. The Disposition of Chairman said the Board is in receipt of the committee's Hagerty property recommendation. discussed Alfred Moore, the committee's chairman, explained that all lots on Parker Avenue are around 7,500 square feet. He said whether or not to sell the house comes down to a number. The committee feels the current cost to the Town on bonding works out to 5.60 on the valuation, or $15 for the average home. If the house is sold for $200,000, he said it would reduce that by $7 or so. His committee thought the house should be sold if an appropriate amount of money could be raised from a sale. Mr. Moore continued that the house is on the only dry land on the site. The committee felt it was important if the zoning is to be changed that it be made a residential zone. Mrs. Goedecke said the Town cannot afford not to sell the house. She favors residential use because it will have the least impact on the Town's property. She thinks a price should be set and if there is no bid, the asking price could be lowered. Aspects of a possible sale were discussed further. Motion of Mrs. Goedecke to accept the recommendation of the Hagerty Committee and recommend approval of Article #23 to Town Meeting. Second by Mr. Pratt, who wanted to specify sale of the property for residential use. Mrs. Goedecke amended the motion to specify residential use. Second by Mr. Pratt to the amendment. Kevin Ulman distributed a written proposal under the letterhead Proposal for of Seq Ltd for use of the Hagerty showroom as a Lobster Lab, for use of Hagerty biology research and instruction for students. He suggested that showroom as Lob- he could return resources to the Town, but explained that he ster Lab cannot raise funds if it is a foregone conclusion that the house is to be sold. He asked for a longer term view to look at the opportunity to bring more than just dollars to the Town. The Chairman asked when he would plan to start doing something if he had an okay. Mr. Ulmer said there are two different times for grant proposals, December and June. Mr. Ulmer's proposal was discussed. The Chairman asked for a vote on the motion on the table. Vote 4 - 1 in favor, Mr. Sullivan opposed. MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 6 Motion of Mrs. Goedecke to remove from the Warrant Articles #25, #26, #28. There was no action taken on the motion. Discussion followed regarding zoning the property to make it all residential. Paul Pattison said the Town will have to abide by Title V regulations and maintain a septic system. He passed around photographs of the site showing a large portion of it under water. The question of granting an easement for a septic system was considered. Mr. Moore said the main matter is the zoning issue. Mr. Doyon was asked to get an opinion from Town Counsel on granting of an easement to maintain the septic system. Motion of Mrs. Goedecke to recommend rezoning the entire Hagerty property as residential. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mr. Pratt that the Board of Selectmen strike the ATM articles formerly approved Warrant articles #25, #26, #27, #28 and #29. stricken Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Warrant articles for the Annual Town Meeting were discussed. Mr. ATM articles Brown said that Article #9 (to acquire "Turkey Hill" land) is to be left in, but it may be deferred to next fall. Motion of Mr. Pratt to strike proposed Article #22 (to amend By-Laws re noise) . Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to strike proposed Article #30 (to fund revision of job descriptions and Pay and Classification Plan) . Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. 9 Warrant Articles for Special Town Meeting were considered. STM articles O Mr. Sullivan said he met with the Fire Chief and discussed MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 7 Article #10 (to supplement overtime expenditure account) . Motion of Mr. Sullivan to approve the Fire Department's request for overtime in the amount of $17,000. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. It was decided that nothing further could be done on Special Town Meeting articles until the proponents are interviewed. Mr. Doyon said there is another article regarding the Edison STM article property easement, which is a structure that drains storm water added off North Main Street. The Chairman said he would like to have it explained. He agreed that there needs to be an article placed on the Warrant for Special Town Meeting for an easement. Motion of Mr. Sullivan to put it on the Special Town Meeting Warrant. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Board was asked to consider award of a bond issue and to sign Award of bonds. bonds Motion of Mrs. Goedecke to approve 2.645 million dollars in general municipal bonds to BayBanks for a sixteen-year term at 4.5216%. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. The bonds were distributed for signature. Recommendation of the Safety Officer for placement of signs on Safety signs Jerusalem and Windy Hill Roads was considered. approved for Jerusalem and Motion of Mr. Sullivan to approve the recommendation. Windy Hill Rds. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Board considered acceptance of a resignation from the Accept resig. Personnel Committee. from Personnel Committee Motion of Mr. Pratt to accept the resignation of Michael E. ® MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 8 Tetreault with great regret and thanks for two and one-half years of service. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Request for a Firefighter step-rate increase was considered. Approv. of step- rate increase, Motion of Mrs. Goedecke to approve a step rate increase for Fire Dept. Firefighter/EMT John J. Dockray from Schedule 5, Pay Group FS-10 @$33.063.76 annually to Schedule 5, Pay Group FS-10 @$33,802.68 annually. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Request of Barbara W. Bliss, Clerk of First Parish in Cohasset, Req. for 1-day for a one-day liquor license for a fund-raiser at the church was liq. lie. considered. Motion of Mr. Sullivan to approve the request, as submitted. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman read the award given to Caitlin Connolly of Cohasset Acknow. award Senior High School by The Prudential Spirit of Community to H. S. student Initiative, for outstanding community service. Motion of Mr. Pratt to send a letter of commendation to Miss Connolly. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Mr. Doyon reported that Sally Lincoln, Assistant Treasurer, had Recommend. to an unfortunate accident and it is not known how long she will be name Acting out from work. He recommended that Linda Litchfield be made the Treas. /Collector Acting Treasurer-Collector and that she be paid both stipends previously recommended, amounting to $200, until the position is filled. He also asked that she be authorized to sign bonds and notes. Mrs. Goedecke asked if she is willing to accept the responsibility. Mr. Doyon said that she is willing and her bond will be raised to $270,000. Motion of Mr. Sullivan to grant the request. zv MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 9 Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Action on a request for supplemental appropriation for special STM Art. #2 environmental counsel under Article #2 of the Special Town tabled Meeting Warrant was tabled. Award of the Police/Fire computer system bid was discussed. Mr. Award of Police/ Doyon explained that there was only one bid. The Police Chief Fire computer recommends the award. Michael Buckley, of the Computer Study system bid Committee, agrees with the recommendation. He said the amount of the bid, $55,499, is about $500 above the budget, which will have to come out of existing budgets. The bid was discussed. Motion of Mr. Sullivan to award the bid as submitted. Second by Mrs. Gjesteby. Vote 4 - 1 in favor, Mr. Pratt opposed. The Town Administrator reported: Report of Town Admr. There has been some progress on the auditorium renovations. The interior decorators came by and suggested colors for paint. They feel the painting should be done first. He will bring in samples next week. He expressed appreciation of help from qualified people. Lighting fixtures suggestions are also being selected. He will include color samples and lighting recommendations in the specifications, which have been drafted already. He showed the Board a photograph proposed for the cover of the 1995 Town Report and suggested use of a white cover. An individual from the Yacht Club has been in contact with the congressional delegation and has been assured the Town will get authorization of the Harbor limits by March. Regarding dredging, there has been a recommendation for mitigation relative to eel grass to transplant it from the Channel to an area around Whitehead. The Harbor Master is checking depths of the Harbor at that point. [End of report. ] The Board discussed various other matters. Other business Mrs. Gjesteby said she has received requests to have the stone posts at Lawrence Wharf repaired. One is missing and one is broken off. MINUTES - MEETING OF BOARD OF SELECTMEN February 20, 1996 Page 10 Mrs. Goedecke reminded the Board about the South Shore Coalition's Transportation Forum to be held at Hanover Town Hall on February 29. Regarding the transportation bond bill, Mrs. Goedecke said she has talked with Representative Murray, who said she won the support of the House Ways and Means Committee to insert a 1.3 million dollar sidewalk bond bill for Cohasset. Mrs. Goedecke said Chapter 90 now allows the Town to pay for sidewalks, so the Town should not anticipate. She thanked both Senator Hedlund and Representative Murray for their interest. Mrs. Goedecke also asked for some level of fiscal. planning and support as the Town goes into the meeting on Thursday evening, and to make some determinations thereafter. She asked what the position is now on sewer costs and how this impacts on capital budgeting. The Chairman said there would be something further on the matter Thursday night. The press and public were asked for comment. Press/public Motion of Mrs. Goedecke to adjourn. Adjourn Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The meeting was adjourned at 10:45 p.m. APPROVED: DATE: Chairman Town Adm is rator C ?PS CORRESPONDENCE LIST February 20, 1996 1. Alex Adkins, to Sewer Commission, re sewering of Straits Pond area. 2. Trudy Coxe, Secretary, Mass Executive Office of Environmental Affairs. Certificate on Environmental Notification Form - Barry Waste Services. 3. Domenic Tutela, Tutela Engineering Assoicates, Inc. , to Executive Office of Environmental Affairs, re Straits Pond Wastewater Collection System. 4. Virginia/Richard Ferenz, to James Perry, Mass-American Water Company, re proposed increased water rates. 5. Richard Henderson, Esquire. Stipulation of Dismissal re Frank C. J. Hamilton, et al. v. Myrna Putziger et al. MINUTES - JOINT MEETING OF BOARD OF SELECTMEN February 22, 1996 SCHOOL COMMITTEE JR.-SR. HIGH SCHOOL SCHOOL FACILITIES COMMITTEE AUDIOVISUAL ROOM Tile meeting was called to order at 7:40 p.m. by Merle Brown, Chairman of the Selectmen's Committee. In addition to the above committees, members of the Advisory Board were present along with a large number of residents. Rob Spofford of the School Facilities Committee read the charge that the Sclhool Facilities Committee was given and that charge was to bring forward a new school to replace the present Osgood School. Chairman Brown said that not enough different options were brought to the Special Town Meeting and that Option 3 was the option that went on the ballot. David Soleau of Flansburah and Associates was in attendance and went over the three di ll'erent options that the School Facilities Committee were considering. They also had considered a number of other options but discarded them after they were felt not to be of any use. Option 3 which included a new PreK-3 elementary school at the Deer Hill site and renovations to Deer Hill was the option that the Committee selected and the State would reimburse 600.o to the total project. Options l and 2 kept Osgood and renovated the school and added to Deer Hill. This was not feasible since none of the renovations at the Osgood School would be reimbursed by the state. Other options included a PreK-4 at the Deer Hill school and no new school and moving grades 5 and 6 to the Junior/Senior High School and making renovations at the High School. This was not considered a final option since again the State would not contribute to the renovations at the high school building. The option of a PreK-6 at the Deer Hill site with 300 students was also not considered feasible since it would be a very large school and it was also more costly. \\ MINUTES - JOINT MEETING OF BOARD OF SELECTMEN, etc. Feb. 22, 1996 Page 2 \ Chairman Brown asked if anyone had figured out the maintenance casts, i.e., if the costs would be more if there were two schools or if there was one large one. Utility costs would be about the same, Mr. Spofford said that the Deer Hill School was not constructed to have any addition built up on top of it. And that a school «Zth 800 students was not a good solution for the students of Cohasset. Ralph Kidder, Chairman of the School Committee, said that the administrators feel adamant that a school with 800 students (elementary) is much too large. Superintendent Hart said that he had a great deal of material dealing with size and students in smaller schools,both at the elementary and secondary levels, have more positive attitudes towards their schools and themselves. Most people who attended small schools would express a preference to repeat their experiences as opposed to people who attended larger schools. And if their children were given the opportunity to attend a small or large school, most parents would opt for the smaller school. Goodland in his work, `A Place Called School', asks "What arc the defensible reasons for operating an elementary school for more than a dozen teachers and 300 boys and girls?" He answers his own question by saying, "I can think cif none." He also said there exists in the shall school a sense of pride and an attitude and a sense of personal possession and involvement on the part of students, parents, teachers, administrators, and community residents. The optimum school size is the one that supports the kind of education the community wants at a cost it is willing to pay. They found that the highly achieving schools were significantly smaller than the poorly achieving schools. Martha QA�steby questioned the size of high schools. The discussion continued on the different options, Mr. Sullivan asked if the dynamics had been compared with one new large school and two smaller ones, such as summer camp programs and the coming and going of different age children. A question. was asked if there were copies of the Flansburgh report for the public to read and it was answered that a copy has been in the library since the report was completed. The question of a middle school arose and much discussion followed including the fact that a middle school with grades 7 and 8 in concept is considered at the present junior/senior high school but without any renovations to the building itself rather more in team teaching, etc. A question was asked if this new PreK-3 school could be used as a PreK-6 and the answer was affirmative. Zq;7 MINUTES - JOINT MEETING OF BOARD OF SELECTMEN, etc. Feb. 22, 1996 Page Peter Pratt*asked to have the funding explained once again. If the Deer Hill School is not renovated at the same time that a new PreK-3 school is built the state will not reimburse Cohasset for renovations to the Deer Hill School at a later date. The Deer Hill renovations include such things as updating the electrical system, communications, lighting, replacement of windows and mechanical upgrades. - Superintendent Hart was asked about the maintenance costs for Deer Hill over the nett five years and Mr. Hart said it was a difficult question particularly if handicap accessibility and roof replacement were considered. Mrs. Gjesteby requested the funding to be explained. Mr. Soleau went over the funding explanation once again. done Jane Goedecke said that we have to move to start a discussion of what should be di3Fnow and that the discussion of the options had gone on long enough. Robert$eggan, Chairman of the School Facilities Committee, said that the Committee feels very strongly that the option that the Committee presented to the town,i.e. a new elementary PICK-3 and renovations to the Deer Ilill was the best option for the town. Mr. Kidder said that last week at the School Committee meeting that the Committee voted to seek S 1.4 million for renovations to the Osgood School_ The "do nothing" will cost at least that much. A suggestion was made to bring forward a new school at$9.8 million-- a single school with no renovations made to the Deer Hill. A long discussion look place regarding the architect's fee of$180,000 which is needed immediately in order to proceed with engineering studies, testing, etc. in order to have plans and designs completed for the June 1 deadline. Many suggestions were forthcoming about where to get this money for the architect such as a rich benefactor donating the money, citizens raising it, could the School Committee pay it from their present budget and be reimbursed, free cash, etc. No decision was made. Mr. Soteau said that next year the increase in the costs of square footage to build will increase by 74%. The importance was also stressed on the June 1 deadline, If Cohasset does not make this June 1 deadline, next year there will be an additional 4-6 years added before money will be reimbursed by the state. MINUTES - JOINT MEETING OF BOARD OF SELECTMEN, etc. Feb. 22, 1996 Page 4 A straw vote was taken by the Selectmen: Jule Goedecke seek new Osgood School only Mike Sullivan return to the original proposal - now elementary school and also renovations to the Deer Hill School Peter Pratt concurred with Jane Goedecke Martha Gjesteby new Osgood School only Merle brown new Osgood School only Again, a long discussion and questiovson different options and costs took place by residents, Selectmen, School Committee members and School Facilities Committee members. It was moved by Mr. Sullivan to put both questions on the warrant -- the original proposal which would be reviewed by the School Facilities Committee and the School Committee to see if the total cost could be reduced and if not, then just the new Osgood facility. This would be two separate articles -- original article with intent to put it at a lower number and second article with just the new Osgood facility_ These articles would be at the Town Meeting and then a single question for the override question. Mr. Sullivan later withdrew the motion. It was suggested to have the School Facilities Committee and the School Committee review the project and see if the project could be less expensive -- do less than the original proposal and return to the Selectmen with their answer. Mr. Kidder said that it was important to take a position this evening. Place the new Osgood facility on the warrant and next week come back and you could take a second vote. Mr. Sullivan moved to put the Osgood project on the warrant at the Town Meeting. It was seconded by voted in favor unanimously by the;members of the Selectmen. Mrs. Goedecke moved to put$180,000 for plans, etc. to pay the architect up to April 6 for the Osgood project. It was seconded and voted in favor unanimously. Mr. Pratt made the motion that the Selectmen will seek$180,000 to pay Farl Flansburgh to continue with the designs for the new Osgood School. This was voted for unanimously by the Selectmen. The School Facilities Committee and the School Committee will meet and discuss if there is a way to reduce the overall costs of the original project or whether it stands at the original amount and return to the Selectmen with their answer. The meeting adjourned at 10: 10 p.m. APPROVED: Chairman, Board of Selectmen DATE: 29 8 AGENDA- REGULAR MEETING OF BOARD OF SELECTMEN SELECTMEN'S MEETING ROOM FEBRUARY 26, 1996 7:00 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of Regular Meeting of February 20, 1996 D. Scheduled Items 7.00 p.m. Paul DeRensis, Deutsch Williams Brooks DeRensis Holland &Drachman - Town Counsel Applicant 8:00 p.m. Library Trustees - Warrant Article 8:10 p.m. Steve Hart - School Committee Warrant Articles 8:40 p.m. Ted Guild - Sewer Commission Warrant Articles E. Old Business 1. Appointments and Re-appointments 2. Take Any Necessary Action re Town Meeting Articles 3. Take Any Necessary Action re Debt Exclusion Ballot Questions F. New Business 1. Consider Award of Bond Anticipation Notes 2. Consider Request of National Multiple Sclerosis Society to Use Cohasset Public Roads for Cycling Tour 3. Accept Resignation from Police Department 4. Consider Request of Police Chief for Civil Service List 5. Consider Police Chiefs Decision Not to Support the City of New Bedford's Request re Illegal Possession of Firearms 6. Consider Recommendation of Personnel Committee re 2.5% Increase in Pay Scales for Non-union Employees 7. Review Various Motor Fuel Budgets of Town Accountant 8. Review and Approval of Professional Services of Bernstein, Cushner & Kimmell - $9587.07 G. Town Administrator- Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Comq Before the Board j ds 2 26 96 MINUTES - MEETING OF BOARD OF SELECTMEN February 26, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke (to 9:55 p.m.) Peter J. Pratt Michael H. Sullivan Others present: Paul R. DeRensis, Esq. - Deutsch Williams Brooks DeRensis Holland & Drachman, P. C. (7:00-8:05 p.m. ) Stephen E. Hart - Supt. of Schools Sheila S. Evans - Library Trustee Edward M. Guild ) Henry A. Rattenbury (- Sewer Commission R. Gary Vanderweil, Jr.) Daniel J. Coughlan - Tutela Engineering Assoc. Robert E. Davenport Molly Hochkeppel - Patriot Ledger David Johnson - Cohasset Mariner Gregory J. Doyon - Town Admr. Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:00 p.m., Chairman Brown Call to order presiding. The Board interviewed Paul R. DeRensis and associates from the Interview for law firm of Deutsch Williams Brooks DeRensis Holland & Drachman, Town Counsel P.C. , applicant for appointment to the position of Town Counsel. The regular meeting was called to order at 8:07 p.m. Reg. meeting begins Motion of Mr. Sullivan to approve, ratify, and confirm the signing of bill warrant #35B, payroll warrant #35P, and school Treasury warrant #35S of February 22, 1996, by Chairman Brown and warrants Selectmen Gjesteby, Pratt and Sullivan. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Goedecke to approve the minutes of meeting of Mins. mtg. February 20, 1996. 2/20/96 Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Ms. Sheila Evans appeared on behalf of the Paul Pratt Memorial ATM Art. #15 Library regarding Annual Town Meeting Warrant Article #15 (to install air-conditioning at library) . She said bid results produced a probable cost of $50,000, and it .is hoped there will be an actual number by Town Meeting. 3a,a MINUTES - MEETING OF BOARD OF SELECTMEN February 26, 1996 Page 2 Motion of Mrs. Goedecke to recommend approval of Article #15. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Stephen Hart, Superintendent of Schools, presented Warrant ATM Art. #19 Article #19 (remodeling of auditorium and gymnasium at Jr./Sr. High School) . He produced a drawing showing proposed renovations, reviewed the planned improvements, and estimated the cost at $140,000. Motion of Mr. Sullivan to support Article #19. Second by Mrs. Gjesteby. Vote 5 - 0 is favor, none opposed. Mr. Hart discussed Warrant Article #18 (fund purchase of school ATM Art. #18 buses). Contracting of bus transportation was considered, as well as the cost of replacement of two buses. Mr. Hart said he hopes that by next week there will be bids available from private contractors so the options may be investigated further. Phasing ' in of new buses will also be investigated, he said, if it is decided to maintain a private service. Action on Article #18 was withheld. Appointments and re-appointments were tabled until next week. Appts./re-appts. Action on Town Meeting articles was tabled until next week. Town Mtg. arts. Action on debt exclusion ballot questions was tabled until next Debt exclusion week. ballot questions Mr. Edward Guild, Chairman of the Sewer Commission, explained the STM Arts. #4-#11, Sewer Commission's proposals and Mr. Gary Vanderweil made a incl. presentation of seven articles sponsored by the Sewer Commission. He referred to an additional article, Article #11, dealing with permission to run a pipeline to Hull, making a total of eight articles. He explained that sewer expansion is being developed into two foci, Straits Pond, Hillside and the Harbor. Articles #4, #5, and #11 relate to Straits Pond. He said an agreement with Hull and Hingham has been worked out. The Chairman asked for background on Article #11. Mr. Vanderweil explained that the Legislature has to be petitioned to authorize the Town to own, operate, and maintain a pipeline and associated equipment in Hull and Plymouth County. CMotion of Mr. Sullivan to accept Article #11 as proposed. MINUTES - MEETING OF BOARD OF SELECTMEN February M 1996 Page 3 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Vanderweil reviewed the provisions of Articles #6, #7, #8, #9, and #10. Mr. Coughlan distributed copies of the draft Intermunicipal Agreements. Mr. Guild said he expects to have these filed in final form in the Town Clerk's office by the middle of March. The terms of the agreements were outlined. Board members questioned the Sewer Commissioners. Mr. Guild said everybody should understand that if the money is voted it will be counted towards the debt limit, but it will not appear in the tax rate; the people who are benefiting are the ones who will be paying. Mr. Sullivan inquired about betterment costs. Mr. Guild replied that they are estimating betterment costs will be about $16,000 on the average for the Straits Pond area, which is comparable to the cost of Title V. Following discussion of the sewer articles, the Chairman asked for motions. Motion of Mr. Pratt that the Board of Selectmen accept and approve the articles presented by the Chairman of the Sewer Commission and others: Articles #4, #5, #6, #7, #8, #9, #10, and #11, such denomination of numbers subject to change, for approval at Town Meeting beginning March 30, 1996. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman declared a five-minute recess at 9:55 p.m. Mrs. Recess. Goedecke left the room and did not return. Mrs. Goedecke leaves Award of bond anticipation notes was considered. Mr. Doyon Award of bond recommended the award, which is to be split between Bank of anticip. notes Boston/BayBanks for $700,000 at 3.48% and Express Co. for $400,000 at 3.51%, for a term of three months. Motion of Mrs. Gjesteby to approve the award. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Request of the National Multiple Sclerosis Society to conduct a Req. of NMSS bicycle tour through Cohasset on June 29 and 30, 1996, was for bicycle considered. tour Motion of Mrs. Gjesteby to approve the request. 3a 2 E MINUTES - MEETING OF BOARD OF SELECTMEN February 26, 1996 fir+ Page 4 Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Acceptance of a resignation from the Police Department was Accept resi.g. discussed. Mr. Doyon said Officer Richard Abbadessa is from Police Dept. tranferring to the Weymouth Police Department and would like and approve acceptance of his resignation and approval for transfer to the transfer Weymouth Police Department. Motion of Mr. Sullivan to accept the resignation and approve the transfer, with wishes for good luck. Second by Mr. Pratt. Vote 4 - 0 in favor, none opposed. The Police Chief's decision not to support the request of the Req. of City of City of New Bedford regarding illegal possession of firearms was New Bedford considered. Mr. Pratt demurred to the Police Chief's denied recommendation, but said he would defer to his judgment. Motion of Mr. Sullivan to approve the decision, as recommended. LL Second by Mrs. Gjesteby. Vote 3 - 1 in favor, Mr. Pratt opposed. Request of the Police Chief for a Civil Service list was Req. for Civil discussed. Mr. Doyon said he is not sure that the necessary Service list paper work can be completed by March 29, 1996, in order to meet the Police Academy deadline for May 13, 1996. Motion of Mr. Sullivan to do a state-wide list. Second by Mrs. Gjesteby. Discussion followed, after which Mr. Sullivan withdrew his motion. Chairman Brown said he would like to have a women's list requested. Motion of Mr. Sullivan to ask for a women's list. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Recommendation of the Personnel Committee to propose a 2.5% COLA approved increase in pay scales for non-union employees was considered. � s Q MINUTES - MEETING OF BOARD OF SELECTMEN February 26, 1996 Page 5 Mr. Doyon explained that this actually refers to Personnel By-Law employees and the two full-time elected officials, the Town Clerk and Treasurer-Collector. Others are contracted. Motion of Mr. Sullivan to approve the recommendation, as requested. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Various motor fuel budgets of the Town Accountant were reviewed. Motor vehicle Mr. Doyon said there is an estimated $7,380 additional budgets requirement for this fiscal year. He said this goes into the reviewed budget. Deficit spending apportioned to the Highway Department can be taken under the snow and ice account. Motion of Mr. Pratt to include in Article #2 of the Special Town Meeting Warrant to raise and appropriate the sum of $7,380 to pay for the deficit for diesel and gasoline to fuel municipal vehicles. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. A bill of Bernstein, Cushner & Kimmell was discussed. Prof. bill Motion of Mr. Sullivan to approve payment of a bill to Bernstein, Cushner & Kimmell, P.C. , in the sum of $9,587.07 on the Cohasset Landfill Site Assignment matter, for the period of January 1-31, 1996. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The Chairman said more money is needed for Kimmell; the Hearing Disc. re cost Officer wants him to write a brief. Mr. Doyon said additional of CHL site funds will come under Article #2 of the Special Town Meeting assignment Warrant. The Board members commented on the amount of hearings expenditure incurred. Motion of Mr. Pratt to send a letter to the Governor, Secretary Trudy Coxe and Lieutenant Governor Cellucci saying we have spent $328,000 to defend ourselves because the government has not done it for us. s: Second by Mrs. Gjesteby. i i 1 3 MINUTES - MEETING OF BOARD OF SELECTMEN February 26, 1996 Page 6 Vote 5 - 0 in favor, none opposed. Mrs. Gjesteby said copies should also be sent to Representative Murray and Senator Hedlund, the Boston Globe, the Patriot Ledger, and Mariner Newspapers. Motion of Mr. Pratt to petition Senator Hedlund and Representative Murray for a special act of the Legislature to pay back the treasury of the Town of Cohasset all legal and engineering costs for the Cohasset Heights Landfill process, the reason for doing so being the failure of the Legislature to protect towns from this outrageous cost. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The Town Administrator reported: Town Admr's report There will be no warrant for payroll this week because the bi-weekly payroll starts. The computer network specifications are prepared in draft form and it is hoped it will go out to bid in early March. The MBTA meeting with the Selectmen is March 11 at 8:00 p.m. A legal notice has been received that the MBTA intends to traverse our right-of-way. The snow and ice deficit is $84,227, which does not include one contractor. Carriage House Nursery School wants to hold a bake sale in the foyer of the Auditorium on election day. [End of report.] The Board commented on various matters. Other business Mr. Pratt acknowledged with thanks a philanthropic citizen's offer to keep an alternative to the Osgood School moving ahead. Chairman Brown expressed best wishes to Sally Lincoln, who is having a hip operation. He also reminded the Board that on February 29 the South Shore Coalition will have a transportation meeting at the Hanover Town Hall. The press and public were asked for comment. Press/public �k ` 3os MINUTES - MEETING OF BOARD OF SELECTMEN February 26, 1996 �► Page 7 Motion of Mr. Pratt to adjourn. Adjourn Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. The meeting was adjourned at 10:45 p.m. APPROVED: DATE: Chairman To A strator s �, �06 i CORRESPONDENCE LIST February 26, 1996 1. Kenneth L. Kimmell, Esquire, Bernstein, Cushner & Kimmell, to John Shea, Esquire, McGregor & Shea, re CHL. 2. Mass Department of Public Utilities. Notice of change in policy re zoning exemptions for mobile telecommunic. providers. 3. William Constable, President, M.A.P.C. Invitation to attend meeting re assessment reform proposal. 4. Fire Chief Roger Lincoln, re Cohasset Golf Club license. 5. Doug Vigneau, MEPA Unit, Mass Executive Office of Environmental Affairs, re Straits Pond Wastewater Collection System. 6. Delivered by Conservation Commission. Copy of letter from Anderson & Kreiger, re Francis D. Collins, et. al. , v. Conservation Commission for the Town of Cohasset, and Ruth Sisson. 7. John Adelmann, DeFeo, Wait & Pare. Notice of cont'd. date of hearing before Conservation Commission on Barry Waste Services. 8. Delivered by Conservation Commission. Letter from E.O.E.A. to Paul Barry, Cohasset Heights Ltd. - notice of non-compliance. SPECIAL MEETING OF BOARD OF SELECTMEN February 28, 1996 SELECTMEN'S MEETING ROOM - TOWN HALL 7:00 p.m. AGENDA TOWN COUNSEL INTERVIEWS: 7:00 p.m. Michael C. Lehane - Murphy, Hesse, Toomey and Lehane 8:00 p.m. Leonard Kopelman - Kopelman and Paige 9:00 p.m. George A. Hall, Jr. - Anderson & Kreiger Discuss timetable and process for appointing Town Counsel. GJD:Jds 2 28 96 MINUTES - SPECIAL MEETING OF BOARD OF SELECTMEN February 28, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Peter J. Pratt Michael H. Sullivan Others present: Michael C. Lehane, Esq. Kevin P. Feeley, Jr. , Esq. Leonard Kopelman, Esq. Elizabeth A. Lane, Esq. Gregory J. Doyon - Town Administrator The meeting was called to order at 7:05 a.m. , Chairman Brown Call to order presiding. Michael C. Lehane and Kevin P. Feeley, Jr. , representing Murphy, Interviews Hesse, Toomey and Lehane, were inteviewed for town counsel. for Town Counsel Leonard Kopelman and Elizabeth A. Lane, representing Kopelman and Paige, P.C. , were interviewed for town counsel. (The firm of Anderson and Kreiger did not appear for its scheduled town counsel interview. ) A brief discussion took place relative to the selection process. Motion of Mr. Sullivan to adjourn. Adjourn Second by Mrs. Gjesteby. Voted 5 - 0 in favor, none opposed. The meeting was adjourned at 9:30 p.m. APPROVED: DATE" Chairman L To d ist r AGENDA-REGULAR MEETING OF BOARD OF SELECTMEN SELECTMEN'S MEETING ROOM - TOWN HALL March 4, 1996 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of: 1. Regular Meeting of February 26, 1996 2. Special Meeting of February 28, 1996 D. Scheduled Items 8:15 p.m. Wayne Sawchuk -Warrant Article. E. Old Business 1. Review and Approval of Professional Statements of Warner& Stackpole ($13,305.71, $10,623.00, $2,565.50) 2. Take Any Necessary Action re Debt Exclusion Questions 3. Appointments and Re-appointments 4. Take Any Necessary Action re Town Meeting Articles F. New Business 1. Accept Resignation from Capital Budget Committee 2. Consider Comments on Jerusalem Road Limited Partnership Subdivisions 3. Review Highway Surveyor's Cost Estimate on Fence Repairs 4. Consider Appointment of Town Counsel 5. Consider Appointment of Election Worker to Democratic Town Committee 6. Review and Approval of Professional Statement of Richard A. Henderson- $2,703.00. 7. Consider Request for Transfer from Reserve Fund G. Town Administrator -Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board -3/o jds3496 MINUTES - MEETING OF BOARD OF SELECTMEN March 4, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Peter J. Pratt Michael H. Sullivan Others present: Raymond J. Kasperowicz Wayne Sawchuk - Milliken Field Const. Comm. F. Roy Fitzsimmons Robert G. Beggan - School Facilities Comm. David J. Chase - " " If Nancy A. Roth Robert V. Davenport Molly Hochkeppel - Patriot Ledger David Johnson - Cohasset Mariner Gregory J. Doyon - Town Admr. Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:32 p.m., Chairman Brown Call to order presiding. Motion of Mrs. Goedecke to approve, ratify, and confirm the Treasury signing of bill warrant #36B of February 29, 1996, by Chairman warrant Brown, and Selectmen Gjesteby, Goedecke, Sullivan and Pratt. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve the minutes of meeting of Mins. mtg. February 26, 1996. 2/26/96 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve the minutes of special meeting Mins. spec. of February 28, 1996. mtg. 2/28/96 Second by Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. Payment of three bills of Warner & Stackpole regarding Cohasset Prof. bills Heights, Ltd. , in the respective amounts of $13,305.71, $10,623, and $2,565.50, was discussed. Motion of Mrs. Goedecke to approve the bills. Second by Mr. Pratt. Ray Kasperowicz, 172 South Main Street, expressed concern about 31l MINUTES - MEETING OF BOARD OF SELECTMEN March 4, 1996 Page 2 legal fees. He thought there should be an hourly rate on contingency on the basis of results. Mr. Sullivan said the cost has been monitored on a regular basis, but no one had any idea what to anticipate. Reasons for the escalating costs were considered. Mr. Kasperowicz said the cost should be monitored on a weekly basis. There was further discussion. Mrs. Goedecke said the Board should have an estimate of what is going to happen during the coming sessions. Mr. Davenport observed that the costs have always been on the basis of estimate. He mentioned the unanticipated number of people who intervened whose testimony has to be gone through and checked. He added that Warner & Stackpole are also being used by the Conservation Commission, and that the Board of Selectmen has hired other counsel. Vote 5 - 0 in favor, none opposed. Debt exclusion questions were considered. Mr. Whitley said he Disc. re debt thinks the situation is worse now than two weeks ago regarding excl. questions the free cash problem, and the debt exclusion would help. Mrs. Goedecke said she is not sure she can recommend it; that historically, debt exclusion has been for items which are somewhat discretionary. She said landfill capping is a non-discretionary item because it has to be done. In addition, she said, every time there has been a successful debt exclusion or debt override there has been a tremendous group of people who made it happen. She observed that it a very confusing concept in the first place and she thinks there is going to be nobody pushing for it. Mr. Whitley said the size of next year's override worries him. Mrs. Goedecke replied that matters of this sort should be considered at the time of a major override so people could see it may not be possible. Mrs. Gjesteby agreed that to bring this up next year may be a good suggestion. She said people have voted on the question once and may not want to vote on it another way. Mr. Pratt said he thinks the Town Accountant is saying there is a serious problem of short-term debt as well, and there should be a better job done to schedule short-term borrowing. He agreed that there may be public confusion on the issue. Mr. Whitley suggested that the Board review its recommendations on certain other warrant articles. Motion of Mr. Sullivan, on the basis of opinions, not to support the two debt exclusion articles on the Hagerty property and the Landfill. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. '3/,: MINUTES - MEETING OF BOARD OF SELECTMEN March 4, 1996 Page 3 Mr. Doyon reported attending a meeting last week where there was Sewer matters discussion concerning the Revolving Fund of the State Treasurer's discussed Office, which is a program that may allow money to be borrowed for the entire sewer project. Some items may not be included, such as the tie-in to the Hull treatment plant. He said betterments and assessments will create a cash flow situation. State officials indicate they could package it in such a way that this might be dodged. He posed the question of whether the Town can levy assessments and fund the project through rate increases. Discussion followed. Mrs. Goedecke said she cannot imagine putting something on a ballot that it is not known will be needed. Mr. Doyon suggested that the Board could authorize the borrowing, although he indicated there is a question of whether or not it would be authorized under Proposition 22. Mr. Whitley said the Advisory Committee had a question of whether or not this could be considered a betterment. Mr. Brown said it cannot be a betterment on something already in place. Mr. Whitley stated he does not think the Town Accountant planned this to be included. Mr. Fitzsimmons asked about the meeting with the state Mr. ® Buckley attended recently and if the $200,000 could be a part of what was agreed upon. Mr. Doyon replied that it appears the state could provide short-term financing, but that there is no firm commitment for a term of borrowing. He said they would give the Town a bridge loan and then float the bond issue for the maximum allowable term under their program. Motion of Mrs. Goedecke not to take this course of action. Second by Mr. Pratt. vote 5 - 0 in favor, none opposed. Wayne Sawchuck discussed Annual Town Meeting Article #21 (to ATM Art. #21 amend the Zoning By-law to allow flagpoles in excess of thirty-five feet) . He said the article relates to Milliken Field. His committee is proposing a flagpole sixty feet out of the ground which will fly a flag 12 x 18 feet. The Town Common flagpole is one hundred feet tall. He explained the language of the proposed article, and added that the committee expects its application for a permit to be denied by the Zoning Board of Appeals. Mrs. Goedecke said there should be an opinion from Town Counsel as to what the height limit is on public buildings. The Board questioned limitations on the size of the flag. Mr. Pratt asked if anything would be lost by waiting for the ZBA to act on the "� application, as the Board would not want to appear to overrule 3/3 MINUTES - MEETING OF BOARD OF SELECTMEN March 4, 1996 Page 4 the ZBA. Motion of Mrs. Goedecke to table the matter and to ask Town Counsel for an opinion vis-a-vis public buildings. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Mr. Sawchuk announced that Milliken Field will be finished by May 1, and the remainder will be done by April 15. The Chairman asked for presentation by the School Facilities STM Art. #15 Committee of Special Town Meeting Article #16 (planning and and #16 designing of an elementary school) . Robert Beggan said his committee has discussed the $180,000 gift to the Town and Articles #15 and #16 (to plan, design and construct an elementary school) , and the donor realizes if it does not pass the money could be lost. He said his committee knows the Board is behind the articles for the new school and they are looking for support so they can go for an override. Motion of Mrs. Goedecke to support the 9.9 million dollars for a new K-3 elementary school. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Goedecke to recommend Special Town Meeting Article #16. Second by Mr. Sullivan. Superintendent of Schools Hart explained the article. Mr. Fitzsimmons inquired how a debt can be incurred without a vote. The Chairman said a trust fund will be set up in the Treasurer's Office and if a bill comes in for engineering services, it will come out of that fund. Mr. Fitzsimmons then asked how the Town can repay the debt. Mr. Hart explained that the Town assumes no obligation; if the article does not pass, the Town has no obligation to fund it. Mr. Fitzsimmons claimed that undue pressure was being put on the townspeople. Vote 5 - 0 in favor, none opposed. Mr. Pratt asked if the Board should vote to accept a gift. The Vote to accept Chairman suggested waiting until the next meeting when the gift postponed paperwork will be completed. MINUTES - MEETING OF BOARD OF SELECTMEN March 4, 1996 Page 5 Motion of Mrs. Goedecke to accept the sum of $180,000 from a generous citizen or citizens in order to pay for engineering plans for an elementary school. At this point in the meeting Town Counsel telephoned and advised the Board not to vote to accept the gift until the paperwork is completed. There was no action taken on the motion on the table. Motion of Mr. Sullivan to put on the April 6 municipal election ballot a Proposition 2%2 debt exclusion question for the K-3 elementary school project. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The postponement of certain warrant articles was discussed. Mr. ATM Art. #16 Sullivan said the work on the High School auditorium and the air-conditioning for the library are the only ones that can be debated. Chairman Brown said the auditorium renovations will be discussed at a Thursday night meeting for possible postponement to the Fall Town Meeting. Regarding air-conditioning of the public library, Mr. Whitley suggested that arrangements should go forward and no action will be taken until after the bids are received. Mr. Doyon said the library is going through a formal bid procedure so if the article is not to be funded, sealed bids should not be sought. Mr. Sullivan asked if the article should be postponed until the Fall Town Meeting. Motion of Mr. Sullivan to rescind the vote of the Board ATM Art. #15 previously taken on Annual Town Meeting Article #15 (to install air-conditioning in library) . Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan not to recommend Annual Town Meeting Article #15. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Highway Surveyor's cost estimate on fence repairs was ATM Art. #13 discussed. Motion of Mrs. Goedecke to recommend approval of Annual Town Meeting Article #13 (fund repair roadside fences) at a cost of $4,300. n/v MINUTES - MEETING OF BOARD OF SELECTMEN March 4, 1996 Page 6 Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. With regard to Annual Town Meeting Article #14 (consider "Pay per ATM Art. #14 Bag" system) , the Chairman said he will get further information. Appointments and re-appointments were considered. Appts./re-appts Motion of Mr. Pratt to appoint Michael H. Dick, 3 Arrowwood Street, to the position of Associate member of the Conservation Commission. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Goedecke to accept with regret the resignation of Accept resig. George S. Kovach from the Capital Budget Committee. Second by Mr. Pratt. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to appoint John W. Brister as Appt. representative from the Yacht Club to the Harbor Committee. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Discussion took place concerning the Jerusalem Road Limited Jerusalem Rd. Partnership subdivisions. Mr. Doyon raised concerns regarding Ltd. Partner- traffic flow and drainage problems in the area. ships subdivs. Motion of Mrs. Goedecke to send comments to the Planning Board on the Jerusalem Road Limited Partnership subdivisions that the Selectmen raise the issue of increased traffic on a narrow, winding road, including the drainage issue and increased runoff on Jerusalem Road, and concern about the sewer v. septic issue and whether or not the area can support septic conditions, in light of the fact the Sewer Commission has said it cannot support sewers. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Appointment of Town Counsel was discussed. The Chairman said Appt. of Town ® three firms were interviewed. He asked for a motion on any of Counsel them. 316 MINUTES - MEETING OF BOARD OF SELECTMEN March 4, 1996 Page 7 Motion of Mr. Pratt that the Board of Selectmen appoint as Town Counsel the Boston based law firm of Deutsch Williams Brooks DeRensis Holland & Drachman, P.C. Second by Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. It was announced that Paul R. DeRensis would be counsel of record. Mrs. Goedecke said the firm would be notified tomorrow and asked to sign a contract. She also stated that new counsel should arrange to contact Attorney Henderson to make the transition. The Chairman said Mr. Henderson will keep the James Lane and Riverview Drive matters, and that Mr. Henderson has also said he will hold a pre-Town Meeting conference and answer questions on articles. Appointment of an additional election worker for the Democratic Appt. of elec. Town Committee was discussed. worker Motion of Mr. Pratt that the Board concurs with the recommendation of the Democratic Town Committee to appoint Eileen M. Corbett, 266 South Main Street, as an election worker. Second by Mrs. Goedecke. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve for payment the invoice of Prof. bill Richard A. Henderson, Esq. , for the period February 1-29, 1996, in the sum of $2,703. Request of the Town Accountant for a transfer from the Reserve Req. for trans. Fund was considered. from Res. Fund Motion of Mr. Sullivan to approve a transfer of $1,033 from the Reserve Fund to pay the Town Accountant's salary through the end of the fiscal year. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Town Administrator reported: Town Admr's report There is a reported deficit of $93,435 for snow removal as of March 1. The Town Report has gone to print. The Warrant will go momentarily. MINUTES - MEETING OF BOARD OF SELECTMEN March 4, 1996 Page 8 The Sewer borrowing fund meeting was a positive one. The authorities are willing to help with the advancing aspects of matters, and have transmitted additional forms that are being filled out by the engineers. A copy of a Petition to Intervene in the Mass.-American Water rates change was received today. Counsel feels it will be appealable. [End of report.] The Board members commented on various matters. Other business Mrs. Gjesteby announced there will be a MEPA meeting next Tuesday morning regarding the sewering of Straits Pond. Mrs. Gjesteby also asked for a copy of the letter written to Governor Weld regarding the Cohasset Heights, Ltd. legal costs so that she might bring it to the Massachusetts Selectmen's Association. Mr. Sullivan said the language of the letter should be stronger. The other Board members agreed. Mrs. Goedecke reported on the Transportation Forum held Thursday night. Mr. Pratt made public a notice from the Department of Environmental Protection to the Town of a Waterways project to set the docks in advance of an Act of Congress. Mr. Pratt announced that it is with great regret that he will recuse himself from any meetings of the Board regarding cable television. He said U. S. West is a client of his firm, as is NYNEX. He added that the Cable T. V. Council is doing a great job. The press and public were asked for comment. Press/public i Motion of Mr. Sullivan to adjourn. Adjourn i Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The meeting was adjourned at 10:10 p.m. +I APPROVED: DATE: Chairman To Administrator 3/8 CORRESPONDENCE LIST March 4, 1996 1. John Kilborn, Acting director of Real Estate, Massachusetts Bay Trans- portation Authority, re right of entry, former railroad right of way, Cohasset, MA. 2. Richard Henderson, Esquire. Approved form of Recruit Training Fee Agree- ment for the Police Department. 3. Delivered by John McNabb, S.A.F.E. , to Governor William Weld, re CHL. 4. Robert M. Davenport, re decision on Hagerty property. 5. Russell Stephens, Continental Cablevision, re Continental Cablevision/US WEST Media group merger. 6. Edward Guild, Sewer Commission, to Alfred Moore, Jr. , PLanning Board, re Jerusalem Road Limited Partnership (formerly the "Curtis Estate") . 7. Sewer Commission. Notice of public hearing re sewer warrant articles. 8. Town Accountant. Memo re free cash. 9. The Commonwealth of Massachusetts Department of Education, re preliminary estimates of FY97 school spending requirements. 3�y AGENDA-REGULAR MEETING OF BOARD OF SELECTMEN SELECTMEN'S MEETING ROOM- TOWN HALL March 11, 1996 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of Regular Meeting of March 4, 1996 D. Scheduled Items 8:00 p.m. Andrew Brennan -Upcoming Old Colony Railroad Environmental Review Process and Related Issues 9.00 p.m. Executive Session E. Old Business 1. Appointments and Re-appointments 2. Take Any Necessary Action on Town Meeting Article Recommendations F. New Business 1. Consider Appointment of Acting Chief of Police 2. Consider Request of Harborfest Committee to Conduct Raffle Drawing at June 3 Meeting 3. Consider Setting Polling Hours for Municipal Election 4. Consider Request of Reverend Hurlbut for Continued Use of Town Hall Meeting Room 5. Consider Authorizing Town Administrator to Act as Agent for Town for FEMA Blizzard Reimbursement 6. Consider Two Appointments to Serve on Regional Committee re Clean Water Act Grant 7. Review and Approval of Professional Statement of The BSC Group - $460 G. Town Administrator- Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board gas J ds 3 11 96 MINUTES - MEETING OF BOARD OF SELECTMEN March 11, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby (8:05 p.m. ) Peter J. Pratt Others present: John K. McNabb Thomas J. Callahan ) Veneta P. Roebuck ( - Conservation Comm'n. Andrew Brennan - M.B.T.A. Peter B. Robb Amanda Burgoon Douglas C. Yeager Kathilynn Yeager Robert V. Davenport Molly Hochkeppel - Patriot Ledger David Johnson - Cohasset Mariner Gregory J. Doyon - Town Administrator Joyce D. Studley - Admin. Secretary The meeting was called to order at 8:05 p.m. Call to order The Chairman announced that the discussion regarding the Old Announcement Colony Railroad would be limited to comments pertaining to the status report of the MBTA. Andrew Brennan introduced himself as Manager of Environmental MBTA presenta- Affairs for the MBTA. He said he would talk about the tion environmental review and mitigation plan for the Town of Cohasset. He explained that the MBTA will be developing mitigation plans for each of the towns through which the rail runs. He discussed how they would get to the development of the plan and what they will need from the Town to develop a mitigation plan. Mr. Brennan explained that the main objective is to develop mitigation plans for the entire line, and to involve the towns impacted in the process. They would like to have the towns get together some sort of working group for a mitigation committee to be comprised of people who have knowledge and experience of the issues to be discussed. The Chairman asked when such a group should be set up. Mr. Brennan replied it should be done by the latter half of March to go into May. Mr. Brennan added that the MBTA has two purposes in developing a mitigation plan: it would give the Board and the town government close involvement in what happens in Cohasset, and design questions have to be answered. Kathilynn Yeager, 79 Sohier Street, said it does not make sense to mitigate before everything is on the table. Mr. Brennan said they would like to work through March and April and lay out standards and objectives, and at the end of that period, come back and present results to the Board. Through the summer and MINUTES - MEETING OF BOARD OF SELECTMEN March .11, 1996 Page 2 fall they will be evolving design impact, etc. , so that the document developed will be clearly the beginning of a work in progress. They will then get the Board's reaction, make changes, and work on it up to September. A draft version goes into the environmental impact report and the final version will be done after the environmental report. When the first report comes back after six to eight weeks, it will be only a beginning. It will be changed many times over the course of the next year. Mr. Brennan said they will be coming back to the Board over the course of the year as well. They are asking towns to provide one direct point of contact -- a person who can be talked to on a regular basis and can speak for the Town. He wants to be confident the organization and liaison are speaking on the Board's behalf, as well as communicating back to the Board. Mr. Brennan continued that they are looking to complete the final_ EIR in September and will be giving it in the complete package to the Citizens' Advisory Committee. They will have thirty days to review and may make some changes. They will be submitting it to MEPA about the middle of October. There will be another sixty-day public review and they will be expecting a decision that will bring it to the end of the year. Three or four months after that, the final Section 61, the mitigation package, will be completed. This is not a reviewable document. It will then be taken to final design. The designers and the engineers will proceed from there. Mr. Brennan said that Bob Egan will be the Project Manager. They are looking to begin construction in late summer or the early fall of 1997. Construction will probably start with a series of small bridge projects. The majority of the construction will begin in the late spring and summer of 1998. They are expecting construction to take about fifteen months, with service from Greenbush to Boston in 1999. Mr. Brennan said they will respond to environmental concerns in the final EIR. He noted that in the comment letter there were a variety of issues about noise impact. They will make sure the issues identified in the EIR are appropriate. If it is necessary to talk about different impacts and mitigation, that can be done. Work will be focusing on impact and applying mitigation to it. In the comment letter the issue was raised of a "whistle stop". They will take at good look at that. A small platform is no longer allowed since the ADA act went into effect. The platform would have to be 800 feet long. Operations people are concerned about stops on a curve. There are curves in the area designated; © however, it would be given serious consideration as a stop. Mr. Pratt asked if the Town could get funds to study the critical issues. Mr. Brennan replied that they have not been giving 3 :« MINUTES - MEETING OF BOARD OF SELECTMEN March 11, 1996 Page 3 funds directly to communities to do that. They have a team that will work to support the working group. He would ask his consultants to do that, although he said it may not be enough to assuage concerns. Mrs. Gjesteby asked if old information for the Greenbush Line could be used. Mr. Brennan said a lot of it has been taken over and used, but because of the ADA act, many of the rules and regulations are changed. He said grade crossings and signals issues are changing every week, and there are new regulations that need to be complied with. Thomas Callahan said that as a member of the Conservation Commission he is concerned about a quasi-judicial group being set up outside of the usual process. He is concerned there will be a presentation by a group of public citizens who have approved the project. He hopes all views will be represented and that the "T" and the Board will remain the working group and not speak officially for the Town. Mr. Callahan contended that the timing is off because there are a lot of major issues going on in the town. With regard to the objectivity of studies, he said his committee can request an applicant to pay for an independent consultant. Mr. Brennan answered that the "T" is not the same as a private developer, but in cases of an issue, such things have been done. The Chairman asked if the committee to be set up would make decisions. Mr. Brennan said he is looking for a committee to give certain guidance and in the end, the mitigation plan is the responsibility of the MBTA. He said he would rather come up with town input than without it. Mr. Doyon asked when the filing with the Conservation Commission would be done. Mr. Brennan said they will be filing under the Wetlands Protection Act and not under the Town By-laws after the EIR process is done, so it probably would not be done until spring or summer of 1997. Mr. Callahan said he is disturbed the MBTA does not want to file under the Town By-laws. Mr. Brennan said it involves a question of jurisdiction. Their attorneys are clear that filing cannot be done under local by-laws. They are dealing with 104 communities and need to have a level. of consistency. Mr. Callahan contended that the major difference between town by-laws and state law is the discretionary limit of how many wetlands can be filled. He said he would .like to have a commitment that the issue is going to be addressed. Mr. Brennan said he would be happy to take a look at the local by-laws. Mr. Pratt stated that the Town does not have the resources to 32� MINUTES - MEETING OF BOARD OF SELECTMEN March 11, 1996 Page 4 protect its own interests. He asked if the "T" would accept a grant request from the Town to hire advisers. Mr. Brennan said this has been done on wetlands issues; he would be open to it if there was agreement on the scope and if they found there was an actual need. Amanda Burgoon, 93 Ripley Road, said she is amazed they are not going to look at the wetlands issue until after the mitigation procedure is over. Mr. Brennan replied that they will be taking in the local issues very early. He explained the procedures. The Chairman observed that the MBTA is looking for a mitigation group to be formed now. He asked if it could be delayed until April. Mr. Brennan said it could go from April to June. He said they want to see it done earlier because the time tends to run on and they want to be careful about not going into the summer. There was discussion as to how the mitigation committee should be constituted. Peter Robb, .13 Beechwood Street, said the best and cheapest mitigation is not to build at all. He doubted that the trains would conform with new air pollution standards that are soon to be issued. Mr. Brennan assured him they would comply. The Chairman terminated the discussion at 9:15 p.m. There was a Recess short recess. The meeting was reconvened at 9:21 p.m. Meeting recon- vened The Chairman said the Board will be going into executive session for collective bargaining purposes. Motion of Mr. Pratt to go into executive session to discuss Executive pending labor matters and to discuss one grievance emerging from session the Cohasset Fire Department. Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mr. Pratt - Aye. The Board went into executive session at 9:23 p.m. The regular meeting was reconvened at 10:00 p.m. Mr. Davenport Regular mtg. and Mr. Johnson were the only members of the public and press reconvened then in attendance. Motion of Mrs. Gjesteby to approve, ratify, and confirm the Treasury signing of bill warrant #37B and payroll warrant #37P of March 7, warrants 32Y MINUTES - MEETING OF BOARD OF SELECTMEN March 11, 1996 Page 5 1996, by Chairman Brown and Selectmen Gjesteby and Goedecke. Motion of Mrs. Gjesteby to approve the minutes of March 4, 1996, Mins. mtg. as amended. 3/4/96 Second by Mr. Pratt. Vote 3 - 0 in favor, none opposed. Motion of Mr. Pratt to re-appoint Hamilton T. Tewksbury and Re-appt. to Richard P. Barrow to the Government Island Study Committee. Govt. Island Study Comm. Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed. Town Meeting articles were discussed. Mr. Doyon said Article #1 STM Arts. #1 (unpaid bills) of the Special Town Meeting has an additional bill and #2 for dues to the condominium association for use of the Bates Building by the Sewer Commission. Discussion followed on Article #2 (supplement FY96 appropriations) concerning an increased amount for reimbursement to special counsel Kenneth Kimmell. Mr. Doyon said transcription costs will also go up considerably for the Cohasset Heights, Ltd. site assignment hearings. Mr. Kimmell's new estimate is $15,000 additional. He asked the Board if the additional amount should go on the Warrant or be taken from the Reserve Fund. Motion of Mr. Pratt to change the figure in Article #2, accounts to be transferred from surplus revenue for special environmental counsel, to $165,000. Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed. Regarding Article #18 of the Annual Town Meeting Warrant (to ATM Art. #18 change the Zoning By-law relating to height of flagpoles) , Mr. Pratt said the ZBA's failure to act has made the question moot and the article should be stricken. Mr. Doyon suggested waiting until the Planning Board makes its report. Discussion followed. The Chairman said the proponent should be asked if he is willing to indefinitely postpone it. Motion of Mrs. Gjesteby to approve Articles #1 (unpaid bills) and STM Arts. #1 #2 (supplement FY96 appropriations) of the Special Town Meeting and #2 Warrant. Second by Mr. Pratt. Vote 3 - 0 in favor, none opposed. 3�S MINUTES - MEETING OF BOARD OF SELECTMEN March 11, 1996 Page 6 Appointment of an Acting Police Chief was considered. Appt. of Acting Police Motion of Mr. Pratt, on recommendation of Chief of Police Noonan, Chief that during the period of his out-of-state vacation of approximately between April 1-20 of this year, that the Acting Chief be Police Sergeant John C. Conte. Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed. Request of the Harborfest Committee to conduct a raffle drawing Req. of Harbor- at the June 3 meeting was discussed. fest Comm. Motion of Mr. Pratt to approve. Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed. Setting of polling hours for the municipal election was Setting of considered. polling hours Motion of Mr. Pratt that the polling hours be between 8:00 a.m. and 6:00 p.m. Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed. Request of Rev. Hurlbut for continued use of a Town Hall meeting Permission to room was considered. Coh. Community Church to use Motion of Mrs. Gjesteby to approve the request of the Cohasset Town Hall Community Church to meet at Town Hall for the next four months on Friday evenings. Second by Mr. Pratt. Vote 3 - 0 in favor, none opposed. Authorization of the Town Administrator to act as agent for FEMA Authoriz. of blizzard reimbursement was discussed. Town Admr. as agent for FEMA Motion of Mrs. Gjesteby to authorize the Town Administrator to so funding act. Second by Mr. Pratt. Vote 3 - 0 in favor, none opposed. 32 a MINUTES - MEETING OF BOARD OF SELECTMEN March 11, 1996 Page 7 Mr. Pratt recommended referral to the Chairmen of the Water Appts. to reg. Resources Committee, Conservation Commission, Water Commission, comm. re Clean and Planning Board of two appointments to a regional committee on Water Act grant the Clean Water Act grant. Mr. Doyon said it would go on a tabled future agenda. Motion of Mr. Pratt to approve for payment the bill of The BSC Prof. bill Group for engineering services at Milliken Field for the period through December 23, 1995, in the sum of $460. Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed. The Town Administrator reported: Town Admr's report The snow removal deficit is $100,918.12 as of March 8, 1996, not including last week's storm. Annual Town Reports were delivered today and will be available in the Library, Town Clerk's Office, and Selectmen's Office. Notice has been received of a grant from EOEA for home composting bins in the amount of $8,689. Word was expected today on the DPU Mass.-American Water Company intervention, but none was received. The Norfolk County Engineers will be in town in the near future to do survey work along North Main Street. [End of report.] The Board members commented on various matters. Other business Mrs. Gjesteby said she wants to reconsider the COLA at a future meeting. Also, she said the sub-committee for the Police Chief has completed its work, so action can be taken on the contract next week. She congratulated the High School's basketball team on their recent victory. Regarding the Mass.-American Water Company intervention petition, Mr. Pratt thanked Representative Mary Jeanette Murray for the many hours put into the issue. He said Senator Hedlund stated today his staff has been working on it for a week straight, and thanked him as well. He also thanked the Governor's Office for efforts in supporting Representative Murray and Senator Hedlund 3z� MINUTES - MEETING OF BOARD OF SELECTMEN March 11, 1996 Page 8 in communicating the Town's position to the administrator at the DPU. Mr. Brown asked that a _letter of thanks be sent to John Pfaffmann for his many years of service on the Harbor Committee. The press and public were asked for comment. Press/public Motion of Mr. Pratt to adjourn. Adjourn Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed. The meeting was adjourned at 10:35 p.m. APPROVED: DATE: Chairman ToWfi Admi strator 3 2� CORRESPONDENCE LIST March 11, 1996 1. Mass State Reclamation and Mosquito Control Board. Notice of vacancy on Plymouth County Mosquito Control Project. 2. Duban Montoya, Department of the Army. Letters to various departments re Harbor dredging project. 3. Army Corps of Engineers. Notice of Final Actions between l/1/96 and 1/31/96. 4. Jane Henderson, Fire Department. February 1996 ambulance billing report. 5. Kenneth L. Kimmell, Esquire, Bernstein, Cushner & Kimmell, to John F. Shea, Esquire, re Cohasset Heights Ltd. 6. Police Chief, Brian Noonan. Status Report for February 1996. 7. Richard A. Henderson, Esquire, to Eugenia Balodimas, Esquire, Department of Public Utilities, re Mass.-American Water Co. , enclosing Petition. 8. Richard A. Henderson, Esquire, re appointment of Kenneth L. Kimmell, Special Counsel. 9. Department of Public Utilities. Notice of filing and public hearing re Electric Industry Restructuring. 10. Received from Richard A. Henderson, Esquire. Letter from Peabody & Brown to Mass. Department of Public Utilities, re Mass.-American Water Co. petition to intervene. 11. Geoffrey Beckwith, Massachusetts Municipal Association. Notice of appoint- ment to serve on MMA's Policy Committee on Public Safety. 32q AGENDA- REGULAR MEETING OF BOARD OF SELECTMEN SELECTMEN'S MEETING ROOM - TOWN HALL March 18, 1996 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes 1. Regular Meeting of March 11, 1996 2. Executive Session of March 11, 1996 D. Scheduled Items 7.35 p.m. Denise Bismore - Common Victualler and Sunday Licenses re Dapper Dans Inc./dba The Silver Spoon Cafe, 5 South Main St. 7:45 p.m. Paul Laugelle - Discuss Police Officer Requisition E. Old Business O 1. Appointment and Re-appointments 2. Take Any Necessary Action re Town Meeting Article Recommendations F. New Business 1. Consider Approval of D.P.W. Superintendent Contract 2. Consider Approval of Police Chief s Contract 3. Take Any Necessary Action Relative to Fire Chief s Contract 4. Consider Request of Eighth Grade Student Council to Hold Bake Sale on Common During Cohassset Road Race 5. Consider Approval of Payment to R.A.D. Corp. for Milliken Field in the amount of$6,555.00 6. Review and Approval of Professional Statement of Fugro East, Inc. - $10,467.98 7. Consider Proposed Plumbing and Gas Permit Fee Increases 8. Take Any Necessary Action Relative to Mass.-American D.P.U. Rate Hearing 9. Discuss Proposed Storm and Funeral Policies G. Town Administrator-Update on Pending Matters H. Public and/or Press 1. Other Business That May Properly Come Before the Board �3a jds 3 18 96 ® MINUTES - MEETING OF BOARD OF SELECTMEN March 18, 1996 Selectmen present: Merle S. Brown Martha K. Gjesteby Peter J. Pratt Michael H. Sullivan Others present: Denise Bismore Garry Bismore Paul J. Laugelle - Police Dept. Maria A. Plante Sheila S. Evans - Library Trustee Richard E. Hayes - Librarian F. Roy Fitzsimmons John Kurz Barbara Mullen Robert V. Davenport Molly Hochkeppel - Patriot Ledger David Johnson - Cohasset Mariner Paul R. DeRensis - Town Counsel (to 9:00 p.m. ) Gregory J. Doyon - Town Admr. Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. , Chairman Brown Call to order presiding. Motion of Mr. Sullivan to approve, ratify, and confirm the Treasury signing of bill warrant #38B of March 14, 1996, by Selectmen warrants Gjesteby, Pratt and Town Clerk Marion L. Douglas, and school warrant #38S of the same date by Chairman Brown and Selectmen Gjesteby and Pratt. Second by Mrs. Gjesteby. Vote 4 - 0 in in favor, none opposed. Motion of Mr. Pratt to approve the minutes of meeting of March Mins. mtg. 11, 1996, as amended. 3/11/96 Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed, Mr. Sullivan abstaining. Motion of Mr. Pratt to approve the minutes of executive session Mins. exec. of March 11, 1996. session 3/11/96 Second by Mrs. Gjesteby. Vote 3 - 0 in favor, none opposed, Mr. Sullivan abstaining. No appointments or re-appointments were made. The Chairman said he would like to withhold action on the Fire Fire Chief s Chief's contract until after the new person or persons have been contract tabled elected to the Board. MINUTES - MEETING OF BOARD OF SELECTMEN March 18, 1996 Page 2 Request of the eighth grade student council to hold a bake sale Req. to use on the Town Common during the Cohasset Road Race was considered. Town Common Motion of Mrs. Gjesteby to allow the request for the eighth grade student council to hold a bake sale on the Town Common on March 31, 1996. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Approval of renewal of the Police Chief's contract was Approval of considered. Police Chief's contract Motion of Mrs. Gjesteby to approve the Police Chief's contract. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Mr. Pratt thanked the sub-committee for working on this laborious project. Denis and Garry Bismore presented a request for issuance of Req. for common common victualler's and Sunday _licenses for Dapper Dans Inc. , vict. & Sunday d/b/a The Silver Spoon Cafe, 5 South Main Street. licenses, Dapper Cans Inc. Mrs. Bismore said they recently bought the former "Village Gourmet" and their intention is to open with a similar upscale concept with more appeal to local people. They are hoping to be open between the hours of 6:00 a.m. and 6:00 p.m. They would like to change the design of the store. The alterations were explained. There is to be the same amount of seating. She said her husband is an executive chef and she has been in the catering business for several years. Mr. Doyon said not all signoffs have been received. Motion of Mr. Sullivan to approve the issuance of the licenses as requested, pending signoffs on remaining inspections. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve payment of Application No. 7 to Prof. bills R.A.D. Corp. , for work on the track at Milliken Field, in the sum ® of $6,555, as submitted. Second by Mrs. Gjesteby. MINUTES - MEETING OF BOARD OF SELECTMEN March 18, 1996 Page 3 Vote 4 - 0 in favor, none opposed. Payment to Fugro East, Inc. , in connection with testimony on the Cohasset Heights, Ltd. site assignment hearings, was considered. Mr. Doyon said the account will go over budget. Hearings have not been completed; they will reconvene this Saturday. Motion of Mrs. Gjesteby to approve for payment the bill of Fugro East, Inc., for the period of 2/2/96-2/29/96, in the sum of $10,467.98. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Discussion followed regarding the cost of the site assignment CHL hearings hearings and possible future action to be taken in an effort to discussed obtain reimbursement. Officer Paul Laugelle discussed with the Board the recent Police union requisition for a police officer. He told the Board the police objection to union has voted unanimously to object to the requisitioning of an requisition all-female list, on the basis of the fact it would eliminate all request other candidates to _limit it to females only. The union wants to register its official objection that it is discriminatory. The Chairman introduced the new town counsel, Paul R. DeRensis, Town Counsel who said he attended a Department of Public Utilities rate re Mass.-Amer. hearing for Mass.-American Water Company and has sent a DPU rate hear- memorandum to Mr. Doyon. He offered to answer any questions. ing The Chairman asked if there were questions. Mr. Pratt requested him to review where the Town stands in terms of intervenor's status. Mr. Sullivan also asked for an update. Mr. DeRensis reviewed the procedural background. He stated that the basic issues are being raised by the other towns involved. He reported that the status of Cohasset is that a petition to intervene was filed late, and the Hearing Officer took the position it was too late and would be interruptive. He said that denial was subject to appeal which expired on March 15. The last instructions he had were to preserve whatever options the Town could have, so he filed an appeal. He said he is asking for a decision from the Board in order to have some instructions as to the direction in which to go. Mr. DeRensis stated that the order did say Cohasset could present a twenty-minute closing argument and a post trial brief. He said ® the problem with that is the brief can only address issues in the record, and if there is no information about Cohasset in the record, there is nothing to argue, except to echo what the other towns would say. 333 MINUTES - MEETING OF BOARD OF SELECTMEN March 18, 1996 Page 4 Mr. Sullivan asked if there are any unique aspects of Cohasset that could be submitted if the town had intervening status. Mr. DeRensis replied that he has not investigated all aspects. He said a resident, Maria Plante, gave him a street list showing people who are elderly or retired in the area. He would like to put that street list before the DPU. He said another aspect is the water pipes are so old in Cohasset, an argument could be made that whatever improvements are made would have little impact on the users in Cohasset. However, he said he does not have this backed up with expert information, so he is not sure it is a winning argument. As there is a community interest between Hingham, Cohasset and Hull, the Hearing Officer has said Cohasset's interests are already being represented. Mr. Pratt observed that Hull does not think it should have the same increase as Hingham, so already it is clear on the record that the community of interest between Hingham and Hull has been pulled apart. He considered the possibility that the DPU could shield customers in Hull from the full increase, and unless Cohasset is represented, it would be in the same position as Hingham. Mr. DeRensis acknowledged that there is some risk, but suggested that there should also be some faith in the DPU, which exists for the sole purpose of protecting the ratepayers, although he added they could focus on giving Hull benefits they do not give to Hingham. He said there is also some danger they could not give these benefits to Norwell and Cohasset. He pointed out that Hingham also gets tax income from the plant and it provides money for the general fund at the same time the ratepayers are paying the rates. Mr. Sullivan asked if the DPU decision could be appealed. Mr. DeRensis said since Cohasset is not a petitioner, appeal rights could be truncated. Mr. Sullivan then asked if he felt the decision was discriminatory it could be appealed. Mr. DeRensis said he did not think so, but he would have to check the statute. Mr. Pratt thought it made sense to authorize appeal of the denial of intervenor status because to win intervenor status, citizens of the town would be represented as much as possible. Mr. DeRensis stated that if the Town is granted intervenor status he could attend hearings, cross-examine witnesses, and pick fights. He cautioned that if the Town is going to make an argument about the old pipes, there will have to be professional experts. Mr. Sullivan asked how _lengthy the appeal would be. Mr. DeRensis said it would cost $400; he has filed the paperwork and he will present arguments. Mr. Sullivan said it would be his recommendation if Cohasset is granted intervenor status that focus be placed on issues unique to Cohasset unless it is not felt that representation on the part of Hingham and Hull is fair MINUTES - MEETING OF BOARD OF SELECTMEN March 18, 1996 Page 5 to Cohasset. Mr. DeRensis said Hingham and Hull are asking all the questions he would ask for Cohasset. A lot of the decisions made on the plant are in question. Each time they took the most expensive way on construction. For instance, everything that would have gone on the roof was put inside. Mrs. Gjesteby said she would vote to support intervening. Mr. Sullivan asked if there was any reason to intervene. Mr. DeRensis answered that it is probably not necessary because presumably DPU will do the right thing by Cohasset, but he cannot guarantee that. He said it is a question_ of probabilities and what is likely to happen. Even with the appeal it is likely the intervenor process will be denied. Mass.-American has until March 19 to file an objection and it is likely they will file an objection. They had five or six witnesses present waiting to testify. John Kurz, 27 Grace Drive, asked what the miminum cost would be of stepping in to say Cohasset is concerned about this. Mr. DeRensis replied that there are 220 homes affected and they estimate about 2.3 people per home, so about 600 people would be affected by the rate shock. He said if you ask what is the least you can spend, the answer is you do not have to spend anything, but if you want to pursue it, he would recommend hiring a professional engineer to look at the distribution system in Cohasset and see what information can be provided. He said if the engineer is brought in as a witness, it may cost $5,000. Roy Fitzsimmons, 116 Doane Street, asked if there are accurate drawings of the old piping in the ground or if some digging would have to be done. Mr. Pratt said he does not think the Town has full documents of what is under the streets. Mr. Fitzsimmons stated that experts cannot tell the condition of the pipes unless they see them. Mr. DeRensis pointed out that the discovery process is over and if Cohasset goes in and says it wants to re-open discovery, there will be more trouble. The petition already filed said the Town would live with whatever discovery had already been done. Maria Plante, 790 Jerusalem Road, said about fifteen years ago when the new Cohasset water treatment plant came on line she was on the committee and there were plans of all the pipes laid at the beginning of the 20th century. She thought it would be a good idea for the Selectmen to work with the Water Department and look into it. Mrs. Plante passed around a memorandum directed to the Board of Selectmen. Discussion took place concerning the length of time it took to repair pipes in Cohasset. Mr. DeRensis said the Water company pays attention mostly to Hingham and then Hull, and last to MINUTES - MEETING OF BOARD OF SELECTMEN March 18, 1996 Page 6 Cohasset, which is not getting the same attention as the other communities. Barbara Mullen, 14 Lamberts Lane, said that argument alone is enough to go forward. There are approximately 90 households in the area headed by senior citizens. Motion of Mr. Sullivan to pursue the appeal. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby that Mr. DeRensis be allowed to continue and appeal at the other hearings if he feels he needs to, as well as the April 12 hearing. There was no second to the motion. Mrs. Plante presented the Chairman with a newspaper clipping showing the hearing dates. Mr. Sullivan asked if it was necessary to be at all hearings or if it could be left to the discretion of Mr. DeRensis. Mr. DeRensis said he does not think it is necessary for him to be present at all the hearings. He added that counsel for Hingham and Hull are doing an able job. Mrs. Gjesteby withdrew her motion. Motion of Mr. Sullivan that Mr. DeRensis use full discretion as to what he wants to participate in for the remainder of the hearings. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The Chairman asked for a cost estimate to be submitted some time during the week, and thanked Mr. DeRensis for coming in. Sheila Evans and Richard Hayes discussed the installation of ATM Art. #14 air-conditioning at the public library. Mrs. Evans said the library trustees discussed at their March meeting the financial situation and they decided they should cut back on full air-conditioning of the library. They thought to alleviate the problem for the staff for the coming summer and asked Mr. Hayes to check with the engineers to see if it would be feasible to take a segment of the plan which had to do with the staff space, covering two offices, and if it cost less than $10,000 they would go to Town Meeting. Mr. Hayes said it is feasible to do that part of the job. There J, e MINUTES - MEETING OF BOARD OF SELECTMEN March 18, 1996 Page 7 are three components to the work, each of which can be built separately without changing the design. They would like permission to do the first part, which would cost about $8,000. Motion of Mr. Sullivan that the Selectmen support this proposal to air-condition the employee area of the library that will be a subset of the total project to be done futuristically. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Changes in plumbing and gas permit fees proposed by the Building Approval of new Commissioner were considered. plumbing and gas permit fees Motion of Mr. Pratt to increase inspectional fees for plumbing and gas permits, as recommended by the Building Commissioner. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Discussion regarding establishment of proposed employee policy on Employee policy storms and funerals was tabled pending advice of counsel. matters tabled Recommendations on Town Meeting articles were considered. Mr. So. Shore Vo- Doyon called attention to the current South Shore Vocational- Tech H.S. budget Technical High School assessment for the Town. He said he item approved updated the assessment figure in the Warrant which was $50,000 based on the increase in students from three to eight. He said the new figure was updated to $67,469. The per pupil cost varies in Cohasset's case with Norwell's and the basic reason is the state aid figure is based on enrollments of 1993 and Cohasset's enrollment has jumped. The Chairman suggested that a letter be written to Senator Hedlund and Representative Murray and ask them to take some remedial action. Motion of Mr. Sullivan to support the budget. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Mr. Brown said he left on the table a synopsis on the "pay per ATM Art. #13 bag" article. He said it would reduce the trash going from the Landfill to SEMASS. The Town Administrator reported: Town Admr`s report Town Meeting Warrants went out in the mail this past weekend. 337 MINUTES - MEETING OF BOARD OF SELECTMEN March 18, 1996 Page 8 They were labelled by volunteers (whom he named) . They were mailed out by carrier route which involved more work by the volunteers, but which reduced the postage cost to $346. Carrier route will be used from now on. The latest update on snow removal cost is $112,600.90 as of March 13, 1996. Last week the Board took action on appointing an Acting Police Chief. The Chief's memorandum was in error. His vacation period should have read April 11-20, 1996. [Motion of Mr. Sullivan to rescind the previous vote and appoint [Amended vote the Acting Chief for that period. re appt. Acting Police Chief] [Second by Mr. Pratt. [Vote 4 - 0 in favor, none opposed.] Concerning the renovation of Town Hall Auditorium, the cost of replacing the lights is being investigated. There are suggestions from an interior decorator on the paint color. The Board members were invited to look at the samples. He talked with the director of the Dramatic Club about the stage lights in the auditorium. They still need them, but it is possible they can be boxed in and hung higher. [End of report.] The Board members commented on various matters. Other business Mr. Pratt asked that Florence Jerome's letter to the Board requesting a warning sign on Beechwood Street be referred to the Safety Officer. He also said he appreciates what the Fire Chief has done to inspect the Red Lion Inn. There was discussion about replacement of the manager of the Red Lion Inn, and it was agreed that they will need to appoint a new manager. Press/public The press and public were asked for comment. Motion of Mr. Sullivan to adjourn. Adjourn Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The meeting was adjourned at 9:40 p.m. APPROVED: DATE: Cha' Ian Tow6 Administrator 738 CORRESPONDENCE LIST March 18, 1996 1. Marion Douglas, Town Clerk, to John F. Shea, Jr. , Esquire, McGregory & Shea, P.C. Notice of violation of open meeting law re CHL hearings. 2. Fire Chief Roger W. Lincoln. Report from Captain Trask re Red Lion Inn. 3. John P. Rfferty. Letter re CHL Landfill. 4. Trudy Coxe, E.O.E.A. to Conservation Commission and Recreation Commission. Notice of signing of Open Space Bond bill. 5. Florence A. Jerome. Request for warning sign on Beechwood Street. 6. Susan M. Eid, Continental Cablevision. Certified mail notice of amendment to Social Contract 7. Meredith J. Jones, Continental Cablevision - Continental Cablevision's Social Contract. 8. Joseph McElroy, to Planning Board, re Jerusalem Road estates. 9. Robert Kelley, Jr. , South Shore Regional School District Committee. 1996-1997 proposed budget. 10. Trudy Coxe, Mass. E.O.E.A. Second Annual Recycling Report Card. TOWN OF COHASSET, MA MINUTES OF SELECTMEN ' S MEETINGS DULY 311995 - MARCH 18 , 1996 END