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HomeMy WebLinkAboutMinutes - BoS - 09/08/1992 - Selectmen's Meetings Sept 8, 1992-Dec 28 j ds 9 4 92 AGENDA - SPECIAL MEETING OF BOARD OF SELECTMEN September 8, 1992 TOWN HALL - SELECTMEN'S OFFICE 7 :30 p.m. A. Attendance B. Scheduled Items: Town Accountant Interviews: 7:30 p.m. - David S. Grab 7:50 p.m. - Kim Chin Chan 8:10 p.m. - Michael P. Hickey 8:30 p.m. - J. Michael Buckley, Jr. 8:50 p.m. - Donna B. Mangan 9:30 p.m. - George G. Samia C. Executive Secretary - Update on pending matters D. Public and/or press E. Appointment of Rocco F. Laugelle as County Advisory Board member F. Other business Y J s r 0 4 I l i GJD:jds 9 8 92 MINUTES - SPECIAL MEETING BOARD OF SELECTMEN Sept. 8, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Michael H. Sullivan Others present: Molly Hochkeppel - Patriot Ledger Robert V. Davenport - (Cable T.V. volunteer) Gregory J. Doyon - Exec. Secretary The meeting was called to order at 7:31 p.m. by Chairman Goedecke. The Executive Secretary reported that ambulance Bids were opened Exec. Secy's today with two bids received, from Greenwood Fire Apparatus, Inc. report at $92,363, and Specialty Vehicles, Inc. at $91,000. It was noted that both bids were above the $90,000 appropriation, and that options are being reviewed with Town Counsel. The Harbor dredging bid has been advertised, with a pre-bid conference date of September 22, and an October 6 bid opening date. The Town Hall repainting has gone out to bid with an opening scheduled for 12:00 noon on September 17, 1992. The Board decided not to take action on the re-appointment of Re-appt. to Selectman Laugelle to the Norfolk County Advisory Board on County Norf. Cty. Advis. Expenditures until such time as Mr. Laugelle was in attendance. Board tabled Candidates for the position for Town Accountant were interviewed Interviews for on the following schedule: Town Accountant 7:30 p.m. - David S. Grab position 7:50 p.m. - Kim Chin Chan 8:10 p.m. - Michael P. Hickey 8:30 p.m. - J. Michael Buckley 8:50 p.m. - Donna B. Mangan At 9:00 p.m. the Chairman declared a five-minute recess. At 9:05 p.m. the meeting was resumed with the interview of Town Accountant candidate George G. Samia. At the conclusion of the interview the Board discussed the timing for making an appointment. It was agreed that the Board would 3 MINUTES - SPECIAL MEETING OF BOARD OF SELECTMEN Sept. 8, 1992 Page 2 try to schedule a vote on extending an offer of employment to one of the six candidates at its September 14, 1992, meeting. Motion of Mr. Brown to adjourn. Adjourn Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. The meeting was adjourned at 9:35 p.m. ACCEPTED: 6� DATE: Execute e eta 4 CORRESPONDENCE LIST September 8, 1992 1. John McGlynn, Massachusetts Division of Public Employee Retirement Administration. Memo re Retirement Incentive Program. 2 . Joseph McElroy, Cohasset Lighkeepers Corporation. Ground- breaking Ceremony scheduled for Sunday, 10/4/92 at the Residence on Government Island. 3. Veneta Roebuck, Conservation Commission, to Susan Tierney, E.O.E.A. , re Cushing Plaza Sewerage System Improvements. 4 . Virginia Ferenz to Stephen Hart, Superintendent of Schools, re application for variance to erect 7-foot retaining wall along Jerusalem and Black Rock Roads. 5. Richard Henderson, Esquire to Clerk, Civil Business , Norfolk Superior Court, re Thomas J. Cummings, et al. v. Board of Appeals of the Town of Cohasset. 6 . Mark Pare, DeFeo, Wait & Pare, Inc. , to Susan Tierney, EOEA, re classification of wetlands at and adjacent to the Cushing Plaza site. 7 . Approved request for transfer from Reserve Fund to Tree and Park Dept . for improvements to Beechwood Ball Park. 8 . Glenn A. Pratt , President , The Community Center of Cohasset , Inc . , re use of Milliken Field on August 14 , 1993 , and High School property for Golden Anniversary Firemen' s Muster/ Antique Car Show. 9 . Peter Minnar , enclosing copy of response to Environmental Notification Form re Cushing Plaza sewer system improvements . 10 . Sandra S . Kent , COA, Town of Hingham, re purchase of converted van . 11 . Department of Public Utilities emergency regulations notice . 12 . Animal Control Officer ' s hourly breakdown , 8/22-8/28/92 . 13 . Memo from Donald N . Jensen , Town Accountant , re final FY92 financial reports . 5 jds NFP CORRESPONDENCE LIST September 8, 1992 1. Letter of Kemper National Insurance Cos. re safety regulations for boilers and air tanks at various public schools. 2. cc letter of Richard A. Henderson, Esq. to Ms. Elizabeth B. Ripley, Treas./Coll. re Manuel Salvador v. Town of Cohasset -- reimbursement of legal fees. 3. cc letter of Richard A. Henderson, Esq. to Mr. Irving H. Gadow, Harbor Master, re Town of Cohasset v. Kenn Silvia, enclosing cc restraining order. 4. cc Richard A. Henderson, Esq. to Mr. Robert Haas, Adjuster, Crum & Forster, re claim of Thomas J. Cummings et al. v. Town of Cohasset. S. cc letter of Richard A. Henderson, Esq. to Mrs. Jeffrey R. Power, Clerk, ZBA, re Donald B. Staszko, Tr. v. ZBA. 6. cc letter of Richard A. Henderson, Esq. to Mrs. Robert Haas, Adjuster, Crum & Forster, re claim of Manuel Salvador v. Town of Cohasset. 7. Letter of Richard A. Henderson, Esq. to Gregory J. Doyon re Jason Fisheries v. Frances Marks et al. , enclosing cc Motion to Stay Proceed- ings. 8. cc Richard A. Henderson, Esq. to Clerk, Norfolk Superior Court (Civil) , re Irving Gadow v. Wayne Aikens L AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN September 14, 1992 TOWN HALL - SELECTMEN'S MEETING ROOM 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes 1. Regular Meeting of August 31, 1992 2. Executive Session of August 31, 1992 3. Special Meeting of September 8, 1992 D. Scheduled Items 7:45 p.m. Stephen Wigmore, Superintendent of Wires 8:30 p.m. Roberts Food Mart, Inc. - Liquor License Hearing 9:00 p.m. Executive Session E. Old Business 1. Request to Appoint Ad Hoc Committee re Upgrading Cesspools (Board) 2. Review Civil Designs, Inc. Assessment re Need and Scope of Repairs to Gammons Road Culvert/Proposed Contract Amendment (E.S.) 3. Discuss Comments and Concerns Relative to Regional Fire District (E.S.) 4. Discussion of Computer Study Committee Status (Goedecke) F. New Business 1. Consider Request of Drug and Alcohol Committee to Endorse House Bills #2651, #2652 (E.S.) 2. Request of William A. Sestito for Transfer to Scituate Fire Depart- ment (E.S.) 3. Consider Offer of Employment to Town Accountant Candidate (E.S.) 4. Consider Request of Fire Chief Nadeau to Attend Symposium October 24 to October 28, 1992 (E.S.) 5. Update on Ambulance Bids (E.S.) 6. Resignation of William D. Weeks as Town Moderator (E.S.) 7. Discuss Scheduling of Special Town Meeting (E.S.) 8. Consider Request for Step Rate Increase in Police Department (E.S.) 9. Review and Approval of Professional Statement of Richard A. Henderson (E.S.) 10. Discuss Status of Accounting Department Staffing (E.S.) 11. Consider an A endm nt to Nucci Vine Contract for Supervising Dredge Construction TE.S.) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board h� j ds 9 14 92 MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: John R. Nadeau - Fire Chief Robert D. Silvia - Fire Dept. William J. Protulis - " Robert E. Martin, Jr. Carol Oteri-Puffer Elizabeth B. Ripley - Treas./Collector Stephen F. Wigmore - Wire Supt. Richard E. Gallo - Asst. Wire Supt. William J. Clary, Esq. William D. Roberts - Roberts Food Mart, Inc. Thomas J. Cummings, Esq. John C. Loupos James Schwank Joseph Merlino Richard Lamb Deborah Ryan Paul Stagas Nancy Peretta Molly Hochkeppel - Patriot Ledger Dori Dwyer - Cohasset Mariner Robert V. Davenport - (Cable T.V. volunteer) Richard A. Henderson - Town Counsel Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:32 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of September 3, 1992, by warrants Chairman Goedecke and Selectmen Brown, Gjesteby, Laugelle and Sullivan; also, the bill and payroll warrants of September 10, 1992, by Chairman Goedecke and Selectmen Brown, Gjesteby, Laugelle and Sullivan. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of meeting of August Mins. mtg. 31, 1992. 8/31/92 Second by Mrs. Gjesteby. 5 i MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 ® Page 2 Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of executive session Mins. exec. sess. of August 31, 1992. 8/31/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of Special Meeting of Mins. Spec. Mtg. September 8, 1992, as amended. 9/8/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to re-appoint Rocco F. Laugelle to the Appt. to Advis. Advisory Board on County Expenditures. Bd. on Cty. Expend. Second by Mr. Brown. Vote 4 - 1 in favor, Mr. Laugelle abstaining. Mr. Sullivan reported to the Board concerning his meeting with Report on issue t the Board of Health on the issue of updating cesspools, stating on updating cess- that the Board of Health members think it is important to name a pools req. by committee. He and Mr. Brown recommended that the Board of Health Board of Health put parameters around the committee and give more thought to naming of members. The Chairman tabled the matter. Civil Designs, Inc. 's assessment of repairs to the Gammons Road Assessment of culvert was discussed. Mr. Doyon said a letter has been received repairs to Gammons indicating the scope of repairs necessary, in which John Rd. culvert disc. Modzelewski, engineer for Civil Designs, Inc., points out some of and tabled the permitting requirements under Wetlands, Waterways and Army Corps of Engineers requirements, and suggesting that counsel should be consulted. Civil Designs proposes a contract of $5,100, which is an amendment to the original contract, to include all permitting requirements, estimating time and materials required. Mr. Doyon also indicated that there will be a need for a Town Meeting appropriation for funding. Mr. Henderson said he would like permission to talk with Mr. Modzelewski to see if the permitting can be avoided. Mr. Brown did not want the Town to incur a lot of expense on the matter. Mr. Henderson replied that it would take no more than an hour to check the title holders with the Board of Assessors and finish A MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 3 the permitting work. Motion of Mr. Laugelle to have Town Counsel go forward with the matter. Second by Mr. Brown. No vote was taken on the motion. The Chairman said the Board needs a "ballpark" figure of the cost and asked to have the matter tabled for the next agenda. Mr. Doyon said that the Highway Surveyor is very familiar with the problem. The Chairman asked to have a determination from the Highway Surveyor. Mr. Wigmore appeared before the Board on behalf of the Wire Wire Dept. Department. The Chairman explained that at the beginning of the reviewed summer Mr. Wigmore was asked to furnish a report on the responsibilities of his department, and all other Town departments were asked to report on their use of the Wire Department. Mr. Wigmore complained of the attitude of the Advisory Committee towards his department at its last meeting and commented briefly on the letters sent to the Board from the various departments outlining services supplied by his department. He told the Board if the Wire Department is to be discontinued that the Town would be paying high prices for electricians. The Chairman said that this is the reason the Board asked for the reports. Mr. Wigmore said he has kept a daily log of the Wire Department's activities since he was first asked to report. Mr. Laugelle asked Chief Nadeau if the Fire Department could maintain the fire alarm system. The Chief replied that the Town of Scituate is using off-duty firefighters to maintain its system. The Board discussed the matter. Mr. Sullivan stated that until a more thorough analysis of the material received is made the Board is not in a position to make any suggestions. The Chairman said the Board expected to hear Mr. Wigmore's report and since he is not willing to give information, the matter will be taken under advisement and the data received will be analyzed. Mr. Wigmore offered to turn over his log. Comments and concerns relating to the establishment of a Regional Comments re Fire District were aired. Mr. Doyon said he will attend a establ. of Reg. meeting in Scituate on the matter tomorrow morning. Fire District The status of the Computer Study Committee was discussed. The Status of Computer Chairman suggested that a consultant be hired rather than Study Comm. disc. r depending on a committee. l� MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 4 Motion of Mr. Brown to have the Executive Secretary determine the cost of hiring a computer consultant. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Request of the Drug and Alcohol Committee to endorse certain Endorsement of legislation was considered. legis. at req. of Drug and Alc. Motion of Mr. Laugelle that the Board endorse House bills #2651 Comm. and #2652, as requested by the Drug and Alcohol Committee. Second by Mr. Brown. Vote 5 - 0 favor, none opposed. Request of William A. Sestito for transfer to the Scituate Fire Approval of Department was considered. transfer to Scituate Fire Motion of Mr. Brown to allow the request of William A. Sestito Dept• for permission to transfer to the Scituate Fire Department, with regrets at his loss. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Offer of employment to a candidate for Town Accountant was Offer of employ. discussed. to Town Acc't. Motion of Mrs. Gjesteby to offer employment as Town Accountant to J. Michael Buckley, Jr. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. The Chairman appointed herself and Mr. Brown to co-chair a sub-committee for the purpose of negotiating a contract with Mr. Buckley and asked Mr. Doyon to notify the other candidates of the Board's hiring decision. The Fire Chief's request to attend a symposium at his own expense Req. of Fire was considered. Chief Nadeau explained the nature of the Chief to attend conference. Mr. Doyon said the request is in accordance with symposium Article XVIII of the Chief's contract with the Town. f MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 5 Motion of Mr. Brown to grant permission for the Fire Chief to attend a National Fire Academy Executive Development symposium on October 24-28, 1992, in Bakersfield, California, at his own expense. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman announced the unwelcome news that William D. Weeks Resignation of has submitted a letter of resignation as Town Moderator, Town Moderator effective immediately. accepted Motion of Mr. Brown to accept the resignation of William D. Weeks as Town Moderator, with deep regret. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman announced that a date has to be set for a Special Date set for Town Meeting this fall and an interim Moderator will have to be applic. for inter- appointed. She said that applications will be accepted for the im Town Moderator position and suggested setting a deadline of two weeks from today for submission of same. Motion of Mr. Brown to close applications for interim Town Moderator on September 28. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. At 8:30 p.m. hearing was held concerning the liquor license of Hearing re liquor Roberts Food Mart, Inc. The Chairman read a formal notice of the license of hearing, stating that those in favor will be heard first and then Roberts Food Mart., those opposed. Inc. Mr. Clary introduced himself as attorney for Mr. Roberts, the holder of a beer and wine license valid to December 31, 1992. He explained to the Board that Mr. Roberts was underinsured in connection with a fire that occurred on his business premises at 130 King Street, and that he has been looking for other sites. He requested a chance to advertise it for sale, stating that Mr. Roberts has had no difficulty with the ABCC and has no outstanding debts in connection with the license. He announced that his client is prepared to answer any questions. MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 6 There were no questions. Mr. Davenport said he would verify that Mr. Roberts is actively looking for another location for his business. The Chairman asked those in opposition to speak. Mr. Cummings said he and his brother own the shopping center where Mr. Roberts previously had his store. He outlined their written attempts to contact Mr. Roberts subsequent to the fire at the location, attempting to learn what he intended to do. Mr. Henderson said one of the issues is whether or not there has been an abandonment of the business premises. Mr. Cummings stated that he is speaking under the pains and penalties of perjury in reporting his unsuccessful attempts to contact Mr. Roberts, alleging he had offered him more than thirty days to prepare the store by letter dated May 4, to which Mr. Roberts did not respond. Mr. Henderson stated that the issue is whether or not he ceased to operate a business and asked Mr. Cummings to stick to the relevant issues under M.G.L. Ch. 138, sec. 77. Mr. Sullivan asked if the holder of a license has the right to take it to another location. Mr. Henderson replied that a liquor license application applies to premises; the licence holder can apply to transfer it to another location, but he has to be in possession of the license and the premises at that time. He said the leading case involves the town of Sudbury, which he explained, adding that if someone is no longer doing business on the premises, that is a basis for cancellation. Mr. Cummings stated that he has an execution for possession of the premises and gave a sheaf of papers to the Board, stressing that the issue is not whether or not Mr. Roberts has a license, but that he does not have a license at 130 King Street. He said his goal is to have the license terminated at those premises. Mr. Clary rebutted the allegations of Mr. Cummings, claiming that the beer and wine license is worth $15,000 and he believes that his client should have an opportunity to try to sell it or relocate, or a grievous hardship would result. Motion of Mr. Laugelle to revoke the license issued to Roberts Food Mart, Inc. Second by Mr. Sullivan. MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 7 Mr. Roberts said his lawyer had advised him not to talk to Mr. Cummings about the fire on the premises because it was under investigation. He said he was unable to borrow the money, he was underinsured, and could not re-open his store. The Chairman asked for other comments. Mr. Lamb, owner of an insurance agency next door to Roberts Food Mart, Inc., said he would appreciate having everything done to get the store going again, stating that it is necessary to have someone there. The Chairman asked counsel what options are available in order to get a viable business into the space. Mr. Henderson replied that the basic concern is that he does not see how two liquor licenses can be issued for the same location; that in many instances where someone ceases to operate he can be given time to sell the liquor license. He said it must be decided first if Mr. Roberts has ceased to operate in that location, then the Board would have the right to cancel that license and issue a new one. The following persons spoke in favor of continuing the business at 130 King Street: Deborah Ryan of Cohasset Pizza, John C. Loupos, Nancy Peratta of Cohasset Antiques, Paul Stagas of American Health Sport & Fitness Shop, James Schwank for Tarzia Construction, and Joseph Merlino of the Hair Salon. Mr. Lamb of the Lamb Insurance Agency requested that Mr. Roberts be given thirty days to sell the beer and wine license. The Chairman asked for a vote on the motion. vote 5 - 0 in favor, none opposed. The Chairman asked if it is appropriate to set a hearing date for a new license. Mr. Henderson suggested waiting until the next meeting. The hearing concluded at 9:10 p.m. Mr. Clary voiced objection to the vote of the Board. Bids for the Town ambulance were discussed. Mr. Doyon announced Town Ambulance that two bids were received, one from Greenwood Fire apparatus, bids discussed Inc. for $92,362, and one from Specialty vehicles, Inc. for $91,000. Both contained some variation from the specifications. The Greenwood bid did not supply the 10% bid and performance bond by cash or certified check, but supplied a standard commercial bond instead. Specialty supplied the 10% certified check, but there were minor modifications to the specifications. Both bids are in excess of the $90,000 appropriated. He said the Fire Chief has a recommendation of changes to meet the specifications. Counsel advises that Greenwood's failure to provide a certified MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 9 Vote 5 - 0 in favor, none opposed. The scheduling of Special Town Meeting was discussed, the Date of STM Chairman stating that the Town Clerk has provided a variety of set dates. Motion of Mr. Brown to set November 16 as the date for the Special Town Meeting. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. A request for a step rate increase in the Police Department was Step rate incr. considered. Police Dept. Motion of Mrs. Gjesteby to approve a step rate increase to Lisa M. Matos of the Police Department from Schedule 2, pay group PS-9, minimum step @$28,683, to Schedule 2, pay group PS-9, first step @$29,322, effective September 23, 1992. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to consider implementing a review policy Vote to imple- on step rate increases. ment review policy re step Second by Mrs. Gjesteby. rate incr. Vote 5 - 0 in favor, none opposed. Motion of Mr. Laugelle to approve the bill of Richard A. Prof. bill Henderson, Esq. for professional services for the period August 1-31, 1992, in the sum of $3,899.91. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. The status of Accounting Department staffing was discussed. Status of Accounting Dept. The Chairman said Linda Litchfield, clerk in the Accounting staff disc. Department, has accepted a position in the Treasurer/Collector's office. The new Town Accountant should be involved in the staff selection process, and he will not begin work until mid-October, at the earliest. Mrs. Ripley said tax bills are going out in 3 MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 8 check for the bid performance bond constitutes failure to comply, and it is therefore disqualified. That leaves the option of accepting the bid as submitted and going back to Town Meeting for a supplemental article for increased borrowing authority, or asking the Advisory Committee for a transfer. Chief Nadeau said he does not have a strong recommendation. He reviewed the bid offers, stating that he intends to propose some cuts. Mr. Henderson advised that the only safe way to proceed is to accept the bid at the bid amount and not modify it. Motion of Mr. Laugelle to accept the bid of Specialty Vehicles, Inc. for $91,000 and seek the additional funding from the Advisory Committee or Town Meeting. Second by Mrs. Gjesteby. There was further discussion. Vote 3 - 2 opposed, Mr. Laugelle and Mrs. Gjesteby in favor. Motion of Mr. Brown to accept the bid, go to Special Town Meeting for the balance of $5,100, and not ask the Advisory Committee for a transfer. There was no second to the motion. Motion of Mr. Laugelle to accept the bid of $91,000 from Specialty Vehicles, Inc. Second by Mr. Brown. Mr. Henderson advised caution, stating that the $91,000 was in response to the RFP but did not meet it, as certain items were eliminated from the bid. He said the actual bid amount was $95,160. Motion of Mr. Laugelle to award the contract to Specialty Vehicles, Inc. for $95,160. There was no second to the motion. Motion of Mr. Brown to reject the bids and to go out for rebid on the standard form on the bonding insurance, with a bid bond and a performance bond, and the changes the Fire Chief set forth in his letter. { , Second by Mrs. Gjesteby. MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 10 September and her office will be too busy to share a clerk with Accounting. After discussion, it was decided to hire an accounting temporary worker. Motion of Mr. Laugelle to have the Chairman, the Executive Secretary, the Treasurer/Collector, the Temporary Town Accountant, and the new Town Accountant determine how many hours will be required for a temporary person to get through the crisis period. Second by Mrs. Gjesteby. Ms. Oteri-Puffer spoke as President of the Konohasset Clerical and Custodial Association, stating that the position is a union position and that she would support anything that did not negatively impact on a union employee. She wanted the position to be compensated at the entry level rate. The Chairman said her position is understood, but that the primary goal is to act in the best interests of everyone. Vote 5 - 0 in favor, none opposed. Amendment to the contract of Nucci Vine Associates for Approv. of amend- supervising the dredging construction was discussed. Mr. Doyon ment to contract explained that the request is to provide on-site supervision of of Nucci Vine the dredging contract in the amount of $12,600 for combination Assoc. re dredg- part-and full-time field inspection services. The original ing construction contract called for inspection every two weeks. He said the permitting process has been controversial and the scope of the dredging project has been narrowed considerably. Mr. Doyon recommended more on-site supervision. Motion of Mr. Laugelle to approve amendment of the contract of Nucci Vine Associates to include on-site supervision. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported: Exec. Secy's report The Doane Street culvert bids will be opened on September 16, 1992, and the Town Hall re-painting bid will be opened on September 17, 1992. The Chamber of Commerce will meet on September 15, 1992, at 7:30 p.m. i_3 MINUTES - MEETING OF BOARD OF SELECTMEN September 14, 1992 Page 11 The Board members may pre-register for the MIIA Annual Meeting with the Administrative Secretary. Receipt of a letter of resignation from the Police/Fire Station Committee from David Chase, who has moved to Scituate. The Army Corps of Engineers surveyed the Harbor for dredging this past week. [End of report.] Motion of Mr. Sullivan to accept the resignation of David Chase Resig. from Police/ with regret. Fire Station Comm. accepted Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. The Board commented on various matters. Other business Motion of Mr. Sullivan to accept the date of October 15, 1992, Accept date for for a scoping meeting of the Old Colony Railroad Rehabilitation OCRR scoping meet- Project in Town Hall Auditorium. ing at Town Hall Auditorium Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. The press was asked for comment. Press The Chairman announced that there will be an executive session following the business meeting to discuss a law suit on a zoning case and a contract involving ATI. Motion of Mr. Sullivan to go into executive session for the Exec. session above-mentioned purposes, not to return to open session. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Laugelle - Aye Mr. Sullivan - Aye. The meeting was concluded at 10:25 p.m., and was adjourned in executive session. The Board did not return to open session. APPROVED: DATE: y Execut S reta `, CORRESPONDENCE LIST SEPTEMBER 14 , 1992 1. Fire Chief John Nadeau, re August 1992 ambulance billing report. 2. Paul Jordan, Sverdrup Corporation, re Old Colony Railroad Re- habilitation Project meeting. 3. Fire Chief John Nadeau, re Activity Status Report - Executive Summary. 4. William Quigley, Animal Control Officer. Total hours worked for week ending 9/4/92 - 14 hours. 5 . William Van Faasen, President, Blue Cross and Blue Shield, re Bay State Health Care rates . 6 . Harold Litchfield, Highway Surveyor, to State Representative Mary Jeanette Murray, re state aid redistricting. 7. Thomas Markert, re storm drain project on Linden Circle. 8 . Drug and Alcohol Committee. Agenda for meeting of September 16 , 1992. 9. Mary Jeanette Murray. Certified mail notice of hearing before Conservation Commission, re 28 Margin Street. 10. David Chase' s resignation from Police/Fire Station Renovation Committee. IN CORRESPONDENCE LIST September 21, 1992 1. Conservation Commission. Notice of three hearings re notices of intent to be held on Tuesday, September 22, 1992. 2. Charles Santoro regarding proposed storm drains on Linden Circle. 3 . Susan Tierney, Mass E.O.E.A. Certificate on the Environmental Notification Form, Cushing Plaza Sewage Treatment Facility. 4. John Judson, Tibbetts Engineering Corp. to J. T. Cronin, P.E. , Massachusetts Highway Department, re Doane Street Culvert replacement. 5. Zoning Board of Appeals. Notice of two public hearings on application for Variances to be held on Thursday, October 1, 1992. 6 . Town Clerk. Sworn appointment to Design Review Board. 7. Zoning Board of Appeals. Noticeof public hearing on October 1, 1992 on the application of Joseph Laugelle for a Special Permit at 15 King Street. 8. Zoning Board of Appeals. Notice of public hearing on October 1, 1992 on the application of Joseph Rosano for a Variance at 226 Chief Justice Cushing Highway. 9 . Zoning Board of Appeals. Notice of public hearing on October 11, 1992 on the application of Richard and Cathy Sears for a Special Permit at 17 Deep Run. 10 . Cohasset Harbor Committee minutes of meeting of 9/10/92. 11. Town Clerk. Sworn appointment to Design Review Board. 12. Animal Control Officer' s total hours worked for week ending 9/11/92 - 171 hours. 13. Zoning Board of Appeals. Notice of public hearing on October 1, 1992 on the application of Robert and Deborah Anton for a Special Permit at 85 Jerusalem Road. 14. Zoning Board of Appeals. Notice of public hearing on October 1, 1992 on the application of David Dauphinee for a Special Permit at 805 Chief Justice Cushing Highway. 15. Town Hall re-painting bids. �o AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN September 28 , 1992 TOWN HALL - SELECTMEN' S MEETING ROOM 7: 30 p.m. A. Attendance B. Treasury Warrants C. Minutes 1. Regular Meeting of September 14 , 1992 2. Executive Session of September 14 , 1992 D. Scheduled Items 7: 35 p.m. Austin Ahearn - Council on Aging Candidate 7 : 45 p.m. John Hartshorne - Discuss Graffitti Problem at Beacon Rock 8 : 30 p.m. Sewer Commission 8 : 45 p.m. Executive Session - Sewer and Collective Bargaining Matters E. Old Business 1. Discuss Gammons Road Bridge Project (E. S. ) 2. Consider Appointment of Town Accountant and Approval of Contract (E.S. ) F. New Business 1. Consider Award of Doane Street Culvert Bid (E. S. ) 2 . Consider Award of Town Hall Repainting Bid (E. S. ) 3. Consider Setting Hearing DAte for Application of Thomas J. Cummings for Retail Package Goods Store Wines and Malt Beverages License (E. S. ) 4. Request to Pay for Arboritea Bushes from Gift Account (E. S. ) 5 . Review and Approval of Professional Statement of Civil Designs, Inc. (E.S. ) 6 . Request Use of Town Hall Auditorium October 24 and October 31, 1992 for Annual Flu Clinics (E. S. ) 7. Consider Request of Paul Pratt Memorial Library to Give Books to Friends of the Cohasset Library, Inc. for Book Sale (E. S. ) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board jds 9 28 92 MINUTES - MEETING OF BOARD OF SELECTMEN September 28, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: Joseph R. McElroy - Cohasset Lightkeepers Corp. John F. Hartshorne Roger C. Porter Austin L. Ahearn, Jr. Edward M. Guild ) Henry A. Rattenbury ( - Sewer Commissioners R. Gary Vanderweil, Jr. Amyra B. O'Connell Paula M. Buick John R. Nadeau - Fire Chief Gary Tashjian - Tasco Const., Inc. Molly Hochkeppel - Patriot Ledger Mary Ford - Cohasset Mariner Robert V. Davenport - (Cable T.V. volunteer) Richard A. Henderson - Town Counsel (8:15 p.m.) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of September 17, 1992, by warrants Chairman Goedecke and Selectmen Brown, Gjesteby, Laugelle and Sullivan; also, the bill and payroll warrants of September 24, 1992, by Chairman Goedecke and Selectmen Brown, Gjesteby, Laugelle and Sullivan. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of meeting of Mins. mtg. September 14, 1992. 9/14/92 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 September 14, 1992. sess. 9/14/92 Second by Mr. Brown. MINUTES - MEETING OF BOARD OF SELECTMEN September 28, 1992 Page 2 Vote 5 - 0 in favor, none opposed. The matter of awarding a bid for the repainting of Old Town Hall Award of bid was considered. for repainting Old Town Hall Motion of Mr. Brown to award the contract for repainting of Old Town Hall to Paul Gentile for the sum of $11,985.00. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Austin Ahearn, a candidate for appointment to the Council on Appt. to COA Aging, expressed the nature of his interest in serving on the committee. Motion of Mr. Sullivan to appoint Austin L. Ahearn, Jr. , to the Council on Aging. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Doyon requested that payment for the arborvitae bushes Approv. of purchased for planting as a noise buffer around the Town Hall's payment from central air-conditioning unit be made from the Selectmen's Gift Sel. 's Gift A/C Account. Motion of Mr. Brown to pay $456.00 from the Selectmen's Gift Account to Kress Nurseries, Inc., for six arborvitae trees. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to pay Civil Designs, Inc., $1,987.50 for Prof. bill engineering services for storm repair and work at the Gammons Civil Designs, Road site. Inc. tabled Second by Mrs. Gjesteby. No vote was taken. Mr. Brown questioned the amount billed for the Gammons Road work, for which $500 had been allocated. Mr. Doyon was requested to check the amount. Motion of Mr. Brown to table payment of the bill of Civil Designs, Inc., until such time as the requested information is available. Q MINUTES - MEETING OF BOARD OF SELECTMEN September 28, 1992 Page 3 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to allow the Social Service League of Req. to use Town Cohasset, Inc., to use Town Hall Auditorium for its Annual Flu Hall Auditorium Clinics on Saturday, October 24, and Saturday, October 31, 1992, for Flu Clinics from 11:00 a.m. to 1:00 p.m. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. A matter of graffiti on Beacon Rock was discussed with the Board. Removal of John Hartshorne, 115 Border Street, introduced himself as graffiti from President of the Gulf Association, and Joseph McElroy as Chairman Beacon Rock of the Cohasset Lightkeepers Corporation. Mr. Hartshorne expressed concern because Beacon Rock is at the gateway to the Gulf and in full view of the Lightkeepers' residence. He asked that the Town undertake the cleaning of the rock at a cost of at least $500.00, and that the Board take an active role in heightening public awareness of graffiti as a public offense. He suggested that penalties be made stricter and that the fine for the offense be made at least equal to the cost of removing the graffiti. He also asked that something be done about arresting the perpetrators, increasing surveillance, and alerting the neighbors. Mr. McElroy endorsed Mr. Hartshorne's proposals and stated he would like to have the graffiti removed by October 4, which is the date of the Lightkeepers' Groundbreaking ceremony. Methods of removal, enforcement of prevention, and the cost were discussed. Motion of Mr. Brown to ask for an emergency transfer of $500.00 to clean Beacon Rock this one time only. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. f ' A letter from the Chairman of the Trustees of Paul Pratt Memorial Permission granted Library was discussed. for disposal of Library books Motion of Mr. Laugelle to consent that the Library give discarded a books to the Friends of the Cohasset Library, Inc., for its annual book sale. MINUTES - MEETING OF BOARD OF SELECTMEN September 28, 1992 Page 4 Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Brown announced that he has checked with the members of the Report on status Computer Study Committee and one member, Richard Daniels, still of Computer wishes to remain on the committee. The remaining two members Study Comm. have left town. He suggested that two more people be named as members of the committee. Town Counsel came into the meeting room at 8:15 p.m. The Gammons Road Bridge project was considered. Mr. Doyon said Gammons Rd. Bridge permitting and the cost of construction is being investigated. project disc. He received an estimate from an area contractor, who said the and tabled cost of repairing the bridge would be $1,500. The engineering firm estimates that the cost would not exceed $5,100 and most of that amount would be for permitting. Mr. Henderson said that the matter must go before the Conservation Commission for an Order of Conditions; it is subject to a Chapter 91 license which cannot be waived as an emergency; there is no access; it is a private way, and easements will be required. Also, he said, the matter may have to go to Town Meeting, depending on the cost and who is going to pay for it. He advised that the Board of Selectmen can vote temporary repairs to a private way, but that it could require Town Meeting input, depending on how it is to be paid for. In addition, Town Meeting approval may be necessary. Mr. Sullivan said that the road may be designated for general use. Mr. Henderson said he would look into it. Following further discussion, the Chairman tabled the matter. Appointment of a Town Accountant and approval of a contract was Appt. Town Acct. discussed. The Chairman read aloud the provisions of the and approv. of proposed contract. contract Motion of Mr. Sullivan to approve the agreement of employment with J. Michael Buckley, Jr., as Accountant for the Town, commencing October 19, 1992. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. 5 Award of the Doane Street culvert replacement bid was considered. Award of Doane St. Mr. Doyon said the apparent low bidder was J. D'Amico, Inc. at culvert replace- ment bid tabled MINUTES - MEETING OF BOARD OF SELECTMEN September 28, 1992 Page 5 $129,561.50. He explained technical irregularities in two of the bids received, that of Tasco Construction, Inc., having been received in an improperly sealed envelope with an improperly inserted bid bond, and that of J. D'Amico, Inc., being submitted without the specified prequalification form from the Massachusetts Highway Department, but with a statement of approval of prequalification up to $10,000,000. The latter irregularity was not discovered until after the bids were opened. He said counsel has looked at it, as well as the engineering firm. Counsel was asked for his analysis. Mr. Henderson said that a protest has been filed with the Department of Labor and Industries and there will be a hearing. He has concluded after research that J. D'Amico, Inc. was prequalified with a $10,000,000 construction window in which it could perform for the Commonwealth, and that the informality of not going to the Massachusetts Highway Department first can be waived, as statutorily, J. D'Amico, Inc., was prequalified. In addition, if it is not statutory, the awarding authority has the right to waive it. He said he has reached the conclusion that the contract could be awarded to J. D'Amico, Inc. The protesting contractor can apply to the DLI, but the DLI cannot order the Town to do anything. He said that the second and most common procedure is for the protesting contractor to go to the Superior Court. Mr. Henderson suggested that the Board waive the irregularity in the procedure, or take the matter under advisement to see what the DLI recommends. He pointed out that the protesting bidder's bid is $28,000 more than the low bidder. Motion of Mr. Brown to waive the inconsistency in the failure of J. D'Amico, Inc., to submit a prequalification form from the Massachusetts Highway Department. Second by Mr. Sullivan. There was further discussion. Mr. Tashjian, President of Tasco Construction, Inc., stated that the requirement was for a prequalification form from the Massachusetts Department of Public Works, and without the form, a bid is not a valid bid. He announced his intention to "go all the way" to protest the award. Mr. Doyon stated that all the other bidders' bids were not only above the engineer's estimate, but they exceeded the amount in the Memorandum of Agreement with the state, and there is no authorization to award the contract to any other bidder at this MINUTES - MEETING OF BOARD OF SELECTMEN September 28, 1992 Page 6 time. Mr. Henderson said it is his opinion that the Town would prevail in awarding the contract, and he has written a four-page letter of opinion to the Board to that effect. He suggested that the matter be held over for a week to allow him to check with the DLI to see when it can be heard. The Chairman said that all avenues will be investigated in order to get the best decision. Mr. Brown withdrew his motion. Motion of Mr. Brown to table award of the bid on the Doane Street culvert replacement for one week, until the Board has an opportunity to read counsel's letter of opinion. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The matter of setting a hearing date on an application of Thomas Hearing date J. Cummings for a retail package goods store Wines and Malt set on applic. Beverages license was considered. of Thos. J. Cummings for Motion of Mr. Laugelle to set a hearing date on the Cummings Wines & Malt application for October 13. Bev. license Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Guild, Chairman of the Sewer Commissioners, addressed the Sewer Comm'n. Board regarding the matter of legal bills incurred by the Sewer presentation Commission, furnishing a background of events leading up to the re legal exp. employment of legal counsel in connection with proposed expansion of the present Sewer Treatment Plant. Mr. Vanderweil commented that the legal work enabled them to get the Commissioner of the Department of Environmental Protection to come to Cohasset to inspect the project. Mr. Guild expressed regret that the expense is substantially over the appropriation, stating that Goodwin, Procter and Hoar will henceforth bill each month in fiscal year 1993, and that the cost will be monitored. He said that just under $35,000 has been spent thus far, and the Commissioners expect the cost to be under $15,000 for the current fiscal year. The Chairman expressed concern that there had been no presentation of the Commission's plans to Town Meeting, and asked if it is intended that the plan be presented to the Town as a means of justifying the legal cost and to obtain approval. Mr. Guild said the Commission intends to present it to Special Town Meeting and asked counsel to draft an article for the Warrant. MINUTES - MEETING OF BOARD OF SELECTMEN September 28, 1992 Page 7 Discussion concerning the location of a proposed crosswalk on Disc. re cross- North Main Street near the Community Center was resumed. walk placement on No. Main St. Paula Buick, 3 Highland Avenue, said the best location would be from the duck pond on the Common to the Community Center, explaining her reasons. Mr. Doyon said the Safety Officer recommended that the crosswalk be placed south of Jason Road. Amyra O'Connell, 17 Highland Court, wanted the crosswalk painted green. A long discussion followed concerning painting of crosswalks and Disc. re cross- placement of barrels to slow traffic. walks and barrels to slow traffic Mrs. Gjesteby said the Safety Officer should be asked to ascertain how many crosswalks are needed and that the Highway Surveyor ascertain the cost. Motion of Mrs. Gjesteby to place an article in the warrant for Special Town Meeting to install crosswalks and barrels in the Village area. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported: Exec. Secy's report A meeting of interest to the public on the MWRA outfall pipe will take place September 30 at 7:00 p.m. at Norwell High School. The Insurance Committee is going to re-open discussions on health insurance and has asked employee representatives to meet with them on October 6. Insurance advisor Sam Wakeman has reviewed group life insurance specifications and bids will be solicited for a three-year policy. A plan for the Jerusalem Road repairs was shown to the Board. Letters requesting easements have been written. An attempt will be made to have the matter on the agenda for Special Town Meeting. The Cohasset Lightkeepers Corp. requests the Board's permission to continue its Tag Sale at its Groundbreaking Ceremony on October 4. [End of report.] Motion of Mr. Laugelle to allow the Cohasset Lightkeepers Corp. Approv, of cont'g to continue its Tag Sale on October 4, 1992, at Government Tag Sale by Coh. Island. Lightkeepers Corp. a J MINUTES - MEETING OF BOARD OF SELECTMEN September 28, 1992 i Page 8 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Board members commented on various matters. Other business Mr. Henderson mentioned items to be taken up at Special Town Meeting with the Board's approval. The press and public were asked to comment. Press and public The Chairman asked for a motion to go into executive session to Exec. session discuss collective bargaining matters having to do with the Fire Department and Konohasset Clerical and Custodial Association. Motion of Mr. Sullivan to go into executive session for the above stated purposes, not to return to open session. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye CL Mr. Laugelle - Aye Mr. Sullivan - Aye. The meeting was concluded at 9:50 p.m., and was adjourned in executive session. The Board did not return to open session. APPROVED: DATE: ,'C ; J y -. Exec iv ecre ry �4 CORRESPONDENCE LIST September 28 , 1992 s 1. John Haley, Massachusetts Bay Transportation Authority. Memo re Greenbush Line supplemental EIS/R. 2. Bob Fultz , South Shroe Coordinator, Mass Coastal Zone Management, EOEA. Beach Management Symposium. 3. Barbara Bryant, United States Department of Commerce, Bureau of the Census. Copy of the 1990 Census Summary of Social Economic and Housing Characteristics for the United States for our state. 4 . Zoning Board of Appeals. Decision for Special Permit re William J. Cavanaro, 52 Stockbridge Street. 5. Zoning Board of Appeals. Decision for Variance re Lynn Palmiter, 97 Border Street. 6. Conservation Commission. Hearing 9/29/92 re Ropes Course teaching facility at Cohasset Jr. /Sr. High School, 143 Pond Street. 7. Cohasset Chamber of Commerce. September newsletter. 8 . M.O. S.E.S. Massachusetts Highway Department' s plan to eliminate three of its eight districts. 9. John Haley, Massachusetts Bay Transportation Authority. Old Colony Line update. 10. Metropolitan Area Planning Council. M.A.P.C. News for October. 11. Elizabeth Bates , re intention of Jim Murphy' s resignation from Cohasset Common Historic District Commission, and recommendation for successor. 12. Cohasset Common Historic District Commission. Minutes of regular meeting of September 14, 1992. 13. Elizabeth Ripley, Treasurer/Collector, to Don Jensen, Acting Town Accountant, re Water Department computer equipment. 14. Elizabeth Ripley, Treasurer/Collector. Memo re Wire Department services. 15. Geoffrey Beckwith, Massachusetts Municipal Association. Bulletin re Senate override vote on "MARA" bill. 16. Willa Small Kuh, Division of Solid Waste Management, Department of Environmental Protection. Bulletin re public bidding and solid waste statutes. 17. Massachusetts Bay Transportation Authority, Old Colony Railroad Q Rehabilitation Project. Scope for the Supplemental EIR re Greenbush Line Corridor. 3o CORRESPONDENCE LIST September 28 , 1992 Page 2. 18 . James Kerasiotes, Department of Public Works, Office of the Commissioner. Notice of funds available for state aid highway purposes for FY93 . 19 . Fire Chief John Nadeau to Mr. Lester Hiltz, re ambulance billing. 20. Henry S. Lodge, Mass Chairman for U.N. Day. Request to participate in celebration of U. N. Day 10/24/92. 21. Willard Taylor, Cohasset Yacht Club, to Irving Gadow. Letter of commendation. 22, State Senator Robert Hedlund' s reply to letter regarding H.B. 2651 and 2652. 3l AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN October 5, 1992 TOWN HALL 7: 30 p.m. A. Attendance B. Treasury Warrants C. Minutes 1. Regular Meeting of September 28 , 1992 2. Executive Session of September 28 , 1992 D. Scheduled Items 7 : 35 p.m. George L. Marlette - Town Moderator Candidate 7: 40 p.m. Myrna Putziger - Town Moderator Candidate 7 : 45 p.m. Austin L. Ahearn - Cohasset Military Memorial, Inc. Review Final Plan and Request for Fee Waiver 7 : 55 p.m. Stephen Wigmore - Superintendent of Wires - Request for Transfer from The Reserve Fund 8: 15 p.m. Paul J. Laugelle - Donation of Handguns Executive Session (Tentative) E. Old Business 1. Consider Award of Doane Street Culvert Bid and Execution of Contract (E. S. ) 2. Review and Approval of Professional Statement of Civil Designs , Inc. (E. S. ) F . New Business 1. Consider Vote to Officially Open Special Town Meeting Warrant (E. S. ) 2. Consider Approval of Agreement with Linden Circle Residents re Storm Drainage (E.S. ) 3 . Request for Transfer from The Reserve Fund (E. S. ) 4 . Consider Accepting Various Articles for Special Town Meeting Warrant (E.S. ) 5. Request from School Department for Section 125 Plan Approval (E.S.) 6 . Review and Approval of Professional Statement of Richard A. Henderson (E.S.) 7. Consider an Amendment to Parking Regulations (Goedecke) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board 1 . jds 10 5 92 MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle (7:34 p.m. ) Michael H. Sullivan Others present: George L. Marlette III, Esq. Myrna Putziger, Esq. Austin L. Ahearn, Jr. Stephen F. Wigmore - Supt of Wires Paul J. Laugelle - Pres., Police Assoc. Richard J. Abbadessa - Sgt., Police Dept. Molly Hochkeppel - Patriot Ledger Mary Ford - Cohasset Mariner Richard A. Henderson - Town Counsel Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:32 p.m., Chairman Goedecke presiding. Motion of Mrs. Gjesteby to approve, ratify, and confirm the signing of the bill and payroll warrants of October 1, 1992, by Chairman Goedecke and Selectmen Brown and Gjesteby. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Mr. Laugelle arrived at 7:34 p.m. Motion of Mrs. Gjesteby to approve the minutes of meeting of September 28, 1992, as amended. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to approve the minutes of executive session of September 28, 1992. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Two candidates for appointment as temporary Town Moderator were interviewed, George Marlette and Myrna Putziger. MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Page 2 Mr. Marlette furnished his credentials and expressed his reasons for wishing to serve. Ms. Putziger gave her background and declared the nature of her interest in the appointment. Following questioning by the Board Mr. Laugelle suggested that the appointment be taken under advisement and that each applicant conduct one of the two meetings, and that both run for election to the office. The proposal was discussed. Motion of Mrs. Gjesteby to take under advisement the candidacy of both Ms. Putziger and Mr. Marlette until next week, at which time a decision will be made. Second by Mr. Brown. Vote 4 - 1 in favor, Mr. Laugelle opposed. The Doane Street culvert bid was discussed. Mr. Henderson stated Doane Street that his legal opinion provided last week has not changed culvert replace- concerning the matter, although he felt an obligation to look ment bid rejected into the protest and has talked on the telephone with officials with conflicting results. He questioned that the Town would want to go to Supreme Court to resolve the matter, and noted that a protest has been filed with the Department of Labor and Industries. He said the DLI is empowered to turn over to the Attorney General any order it makes and request that it be enforced. He advised that while the best way to handle the situation would appear to be to offer the bid to the low bidder, the worst result would be to award the contract and have the protestor or DLI appeal. His conclusion is to reject the bid because of failure to adhere to the bid proposal and start over, knowing there will be only a month's delay. He suggested that a practical solution instead of a legal one may be the way to get the job done most expeditiously. Mr. Doyon acknowledged that four weeks are sufficient to make the re-bid, adding that ordering the culvert may take forty-five days, as only the low bidder places the order. The Board discussed possible problems and alternatives. Mr. Henderson recommended rejecting the $157,110 bid and the low bid, for failure to comply with the bid requirements. Motion of Mr. Laugelle to award the bid to the low bidder. Second by Mrs. Gjesteby and Mr. Brown. Vote 4 - 1 opposed, Mr. Laugelle in favor. Motion of Mr. Sullivan to reject the bids of Tasco Construction, Inc. for $157,110, Sylvester A. Ray, Inc. for $159,967, N. Cibotti, Inc. for $183,547, based on the fact they are over the MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Page 3 budget, and that of the low bidder, J. D'Amico, Inc. for $129,561.50, based on the fact it did not comply with the notice set out in the bid procedure. Second by Mr. Laugelle. Vote 4 - 1 in favor, Mr. Laugelle opposed. Motion of Mr. Sullivan to re-bid the Doane Street culvert Vote to re-bid replacement job. Doane St. cul- vert replacement Second by Mrs. Gjesteby. Vote 4 - 1 in favor, Mr. Laugelle opposed. Mr. Henderson left the meeting room at 8:25 p.m. Austin Ahearn reviewed with the Board the final plan submitted by Veterans' Memo- Cohasset Military Memorial, Inc. at Veterans' Memorial Park, and rial disc. and explained the changes from the original plan, stating that the permit fee memorial will contain 501 names which are to be cut into the waived granite. His group has $21,000 for the project and the cost is estimated at $45,000. The stone for the memorial has been provided and they will do the work themselves. Mr. Ahearn said he has been to the Building Inspector, who approved the plan. He asked to have the permit fee waived and for permission to block off six parking spaces at the site to hold the stock. Motion of Mr. Laugelle to waive the permit fee for the War Memorial project because it will be for a memorial to the veterans who fought for our country, and it is a Town project. Second by Mr. Brown. Mr. Brown asked if the plan had approval of the Design Review Board. Mr. Ahearn said he had not applied because he did not think it necessary. The Chairman said it is not a requirement, although it would be advisable. Vote 5 - 0 in favor, none opposed. Mr. Brown commended Mr. Ahearn for his work on the war memorial. Mr. Wigmore presented a request for transfer from the Reserve Req. for trans. Fund. He explained problems with traffic lights at Ripley Road from Reserve Fund for Wire Dept. 7 MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Page 4 due to the electrical storm of August 11, which required calling in outside help. Motion of Mr. Sullivan to approve the request for transfer of $716.93 from the Reserve Fund to the Wire Department. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Officer Laugelle addressed the Board concerning the donation of Donation of weap- eighteen Sig Sauer Semi-Automatic .40 caliber pistols acquired ons for Police through donations to the Cohasset Police Association, explaining Dept. accepted that eleven officers were qualified to use the weapons at no cost to the Town, as training was provided by the manufacturer. He asked the Board to accept the donation. Motion of Mr. Laugelle to accept the donation of weapons to the Police Department with gratitude. Second by Mr. Brown. The Chairman commended the professional attitude of the members of the Police Association. Vote 5 - 0 in favor, none opposed. A bill of Civil Designs Inc. for beach and highway repairs at Prof. bill various sites was reviewed. Mr. Doyon explained that it was tabled from last week due to a question relating to repairs at Gammons Road. He said the item does not relate to Gammons Road but to the Jerusalem Road and Gammons Road riprap repair. Motion of Mr. Sullivan to approve payment of the sum of $1,987.50 to Civil Designs Inc. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Doyon requested that opening of the warrant for Special Town Warrant dates for Meeting be made official today, the same to close one week from STM announced today, but because of the holiday, at 4:30 p.m. on October 13, 1992. Motion of Mr. Laugelle to open and close the warrant for Special Town Meeting as requested by the Executive Secretary. C MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Page 5 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposesd. An agreement with Linden Circle residents for storm drainage Agreement re installation was reviewed. Mr. Doyon said counsel has approved drainage install. the contract, signatures of the abutters have been obtained on on Linden Circle the three originals, and a check for $3,000 has been received. approved Motion of Mr. Sullivan to ratify and approve for signature the agreement for storm drainage installation on Linden Circle. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Request of the Executive Secretary for a transfer from the Req. for trans. Reserve Fund for contractual services for a temporary employee in from Res. Fund the Accounting Office to replace the promoted Accounts Clerk was for temp. in considered. Accounting Office Motion of Mr. Sullivan to approve a request for transfer of $1,278.65 from the Reserve Fund for contractual services for temporary staff assistance in the Accounting Department. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Articles proposed by the Executive Secretary for inclusion in the Proposed articles warrant for Annual Town Meeting were considered. for STM approved Motion of Mr. Laugelle to approve Article #1 relating to Harbor By-Law amendment. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to accept Article #2 relating to funding to engage computer consulting services. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept Article #3 relating to sick MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Page 6 leave buy-back benefits of a retiring police officer. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept Article #4 relating to non-criminal fines. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Laugelle to accept Article #5 relating to donation of weapons to the Cohasset Police Benevolent Association, Inc. Second by Mr. Brown. Vote 4 - 1 in favor, Mrs. Gjesteby opposed. Motion of Mrs. Gjesteby to accept Article #6 relating to direct deposit for Town employees. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept Article #7 relating to a collective bargaining agreement with the Konohasset Clerical and Custodial Association. Second by Mr. Brown. Vote 4 - 0 in favor, Mr. Laugelle abstaining. Motion of Mrs. Gjesteby to accept Article #8 relating to a collective bargaining agreement with Firefighters. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept Article #9 relating to a collective bargaining agreement with C.L.A.S.S. Second by Mr. Laugelle. MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Page 7 Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept Article #10 relating to unpaid bills. Second by Mrs. Gjesteby. Vote 4 - 1 in favor, Mr. Laugelle opposed. A request from the School Department for Section 125 plan Section 125 plan approval was taken into consideration. Mr. Doyon said that the for School Dept. Superintendent of Schools is also made eligible under the terms non-union employees of his contract. approved Motion of Mr. Sullivan to approve a Section 125 pre-tax insurance and health care premium payment plan for eligible School Department employees, i.e., custodians, food service workers, bus drivers, tutors, aides, Superintendent of Schools, and any other non-union School employees not previously covered. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve for payment the bill of Richard Prof. bill A. Henderson, Esq., for the period September 1-30, 1992, in the sum of $4,192.50. Second by Mr. Laugelle. Mrs. Gjesteby said that Mr. Henderson has not provided a memorandum concerning M.G.L. Ch. 45 which he promised by last Wednesday. Motion of Mrs. Gjesteby to table the bill of Town Counsel. Second by Mr. Brown. Vote 3 - 2 opposed, Mrs. Gjesteby and Mr. Brown in favor. The Chairman called for a vote on the main motion. Vote 4 - 1 in favor, Mrs. Gjesteby opposed. An amendment to the parking regulations was discussed. The Amendment to park- Chairman said the amendment pertains to the request for a ing regs. approved crosswalk on the Common, and explained what had occurred MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Page 8 concerning discussion as to placement of the crosswalk. She said the neighbors have agreed to placement on the south side of North Main Street, directly across from the bus stop at the corner of the Community Center lot, to meet at a ninety degree angle the crosswalk which goes across Depot Court. She said the general consensus of opinion is that the whole area be made a no parking zone, except for the bus stop, and asked that the Board consider amending the parking regulations to effectuate this. Motion of Mrs. Gjesteby to amend the parking regulations in accordance with the request of the Chairman. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported as follows: Exec. Secy's report Concerning the opening of shellfish flats, the Division of Marine Fisheries reports that a shoreline survey would have to be done to look for possible septic outfalls or sources of pollution. The Town can provide assistance in conjunction with some of their employees. The other part would be to take samples of water to show bacteria count. They cannot do it this calendar year but would consider a written request for next year. [The Board authorized Mr. Doyon to make a request. ] Inner Little Harbor residents will file a Notice of Intent with regard to algae removal. As owner, the Town should sign off on the Notice of Intent. The last filing that occurred was a request for determination of applicability which he signed as representative of the Board. [The Board agreed to authorize the Executive Secretary to sign.] Regarding a question raised relative to use of Chapter 90 funds for sidewalks, the Highway Surveyor inquired and was told it could only be done in conjunction with road reconstruction or repaving. The Highway Surveyor feels that priority for the money being released is to repave Doane Street. Counsel has submitted an agreement relative to the re-painting of Town Hall, for which approval is sought. The Building Inspector will make the inspections. Bids will be opened on Harbor dredging at 11:00 a.m. October 6. [End of report. ] u1v MINUTES - MEETING OF BOARD OF SELECTMEN October 5, 1992 Page 9 Motion of Mr. Brown to approve the contract between the Town and Approval of re- Paul Gentile Painting Co., Inc. for re-painting of Old Town Hall, painting contract in the amount of $11,985. Old Town Hall Second by Mrs. Gjesteby and Mr. Sullivan. Vote 5 - 0 in favor, none opposed. The Board members commented on various matters. Other business Motion of Mr. Laugelle to recess for a short time so that he may Recess confer with the Chairman. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The meeting was recessed at 9:35 p.m. and resumed at 9:37 p.m. Meeting resumed for this purpose. Mr. Sullivan announced that James Murphy has resigned from the Other business Cohasset Common Historic District Commission, and two other persons have expressed interest in being appointed. Mr. Doyon said there has been no letter of resignation from Mr. Murphy as yet. The press was asked for comment. (No members of the public were Press present.) Motion of Mr. Sullivan to adjourn. Adjourn Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. The meeting was adjourned at 9:45 p.m. APPROVED: 10113 Exec iv Secret 4' CORRESPONDENCE LIST October 5, 1992 1. George and Marilyn Burke, re percolation tests done on Lot #16 Bancroft Road. 2 . Zoning Board of Appeals. Decision re application for Variance and Special Permits filed by EXXON Company, U. S.A. 3. Nucci Vine Associates. Addendum No. 1 to Cohasset Cove dredging contract. 4. Zoning Board of Appeals, re Petition of Jerusalem Road Limited Partnership, 15 Black Rock Road. The application for leave to withdraw the Petition without prejudice is granted. 5. Zoning Board of Appeals. Decision on the application of Energy Retailers, Inc. , 28 Mohawk Way, for a Variance and a Special Permit. 6. Town Clerk. Sworn appointment to Regional Refuse Disposal Planning Committee. 7 . Richard Henderson, Esquire, re Town of Cohasset, Thomas Cummings, et al. v. Mr. Cummings has dropped all claims against the Town. 8. Zoning Board of Appeals. Decision on the application of Donald Staszko and Barbara O'Pray re 172 Beach Street 9 . Animal Control Officer. Total hours worked for week ending 9/25/92 - 12 hours. 10 . Animal Control Officer. Total hours worked for week ending 9/18/92 - 17 hours. Y Z AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN October 13, 1992 TOWN HALL - SELECTMENTS MEETING ROOM 7: 30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of Regular Meeting of October 5, 1992 D. Scheduled Items 7: 35 p.m. Nicholas Noon - Cohasset Common Historic District Commission Applicant 7: 40 p.m. David Buick - Cohasset Common Historic District Commission Applicant 7: 45 p.m. Thomas J. Cummings - Application for Retail Package Goods Store Wines and Malt Beverages License E. Old Business 1. Review and Acceptance of Warrant Articles (E.S. ) 2. Consider Appointment of Town Moderator (E.S. ) 3 . Review and Approve Professional Statement of Goodwin, Procter & Hoar (Sewer Commission - Ted Guild) F. New Business 1. Consider Request of Fire Chief to Declare Bates Building Items Surplus Property and Authorization for Joint Auction with Scituate Fire Department (E. S. ) 2. Consider Planning Board' s Request for Comments and Recommendations on Site Plan Entitled 'Exxon Company USA' (E. S. ) 3 . Consider Jack Worley' s Request to Support United Way Fund Drive (E. S. ) 4 . Take Any Necessary action Relative to Dredging Bids (E.S. ) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board jds 10 13 92 i 1 QMINUTES - MEETING OF BOARD OF SELECTMEN October 13, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: George L. Marlette III, Esq. David Buick Robert E. Martin, Jr. Paul Cummings James Schwenk - Tarzia Const. Co. , Inc. Nancy Peretta - Cohasset Antiques Domenick Gorelli - Artist's Son Gallery Molly Hochkeppel - Patriot Ledger Jeff Cutler - Cohasset Mariner Robert V. Davenport - (Cable T.V. volunteer) Richard A. Henderson, Esq. - Town Counsel (7 :47-8:45 p.m.) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing of the Treasury bill and payroll warrants of October 8, 1992, by Chairman Goedecke and warrants Selectmen Brown, Gjesteby, Laugelle and Sullivan. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of meeting of October 5, Mins. mtg. 1992, as amended. 10/5/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Additional warrant articles for the Special Town Meeting were Warrant arts. reviewed. for STM Motion of Mr. Sullivan to accept Article #11 relating to traffic safety improvements in Cohasset Village. Second by Mr. Brown. Mr. Sullivan suggested that a sub-committee be formed to work with the Sub-committee Safety Officer and Highway Surveyor to look into safety matters. The formed Chairman asked Mr. Laugelle to work with the Highway Surveyor and Mr. MINUTES - MEETING OF BOARD OF SELECTMEN October 13, 1992 Page 2 Sullivan to consider the safety interests of schoolchildren. Mr. Warrant arts. Laugelle declined, stating that he feels that Cohasset's streets are STM (cont'd.) too narrow for crosswalk cones. Mrs. Gjesteby offered to serve in his stead. Mrs. Gjesteby and Mr. Sullivan were designated as the sub-committee for the purpose. Mr. Brown objected to the use of barrels in crosswalks, stating he favors use of road signs instead. The Chairman said the sub-committee's function will be to present options for the Board to consider. Vote 5 - 0 in favor, none opposed. The Chairman temporarily tabled Article #12 on dredging of Cohasset Harbor because it relates to business to be taken up later. Motion of Mr. Brown to accept Article #13 relating to offsetting of FY89 and FY90 overlay deficits through the surplus account. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to accept Article #14 relating to funding for the Insurance budget of the Treasurer-Collector. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to table Article #15 relating to adjustment of the salary of the Treasurer-Collector. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to accept Article #16 relating to the fixing of fees for issuing of licenses, etc. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept Article #17 relating to the denial of applications for reason of unpaid taxes, etc. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN October 13, 1992 Page 3 At 7:45 p.m. the application of Thomas J. Cummings for a retail Hearing on appli- package goods store wines and malt beverages license was heard. Paul cation of Thos. Cummings, who had travelled from Springfield, appeared on behalf of J. Cummings for his brother, who he said had been delayed in returning from a trip. wines & malt Mr. Doyon read aloud the notice of hearing that appeared in the bev. license Patriot Ledger. The Chairman asked for the return receipts on the certified mail notices sent to abutters. Mr. Cummings did not have them, stating that his brother probably did. Mr. Doyon suggested proceeding without them and leaving the hearing open. Mr. Henderson said the return receipts could be brought in tomorrow and any decision could be made contingent upon their proper receipt and return, and if they are not produced, it nullifies the hearing. He suggested hearing the evidence and making any decision contingent upon receiving the receipts indicating proper notice and time. Motion of Mr. Brown to proceed with the hearing. There was no second to the motion. Motion of Mr. Sullivan to continue the hearing until next week. Second by Mrs. Gjesteby. Vote 3 - 2 opposed, Mrs. Gjesteby and Mr. Sullivan in favor. The Chairman announced that the hearing would proceed and that a determination will not be made until return receipts are in hand. Mr. Cummings explained that the beer and wine license is being sought in order to get traffic into the Jonathan Livingston Square area, and if someone else wants to carry on a convenience store, consideration will be given to having that person operate the beer and wine license. He said it is a double store and it is the intention to close off one area and open a beer and wine store on the left, leaving the larger area for a convenience store operation. Mr. Doyon said when an applicant applies for a license the dimensions of the proposed licensed premises are specified, and if the area changes the applicant must seek permission for the alteration. The Chairman asked Mr. Cummings if he is aware that real estate taxes are owed on the premises. Mr. Cummings said the taxes are paid. Mr. Henderson said the record shows that part of the 1992 and 1993 taxes are outstanding. MINUTES - MEETING OF BOARD OF SELECTMEN October 13, 1992 Page 4 The Chairman said the Board would hear from those in favor of the granting of the license first and from those opposed afterwards. The following persons spoke in favor: James Schwenk, Office Manager for Tarzia Construction Co., Inc., Nancy Peretta, co-owner of Cohasset Antiques, Domenick Gorelli of Artist's Son Gallery, and Robert Martin. Ms. Peretta submitted a letter in favor signed by John Loupos of Kung Fu Studio, and Mr. Schwenk submitted a letter in favor from his superior at Tarzia Construction Co., Inc. The Chairman asked for those in opposition to speak. There was no one. Motion of Mr. Brown to take the matter of issuance of the license under advisement. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. David Buick, 3 Highland Avenue, an applicant for the Cohasset Common Applicant for Historic District Commission, was recognized and expressed his CCHDC inter- interest in serving on the commission. The Chairman thanked him for viewed appearing before the Board, stating that an appointment would not be made until the member who is resigning sends a letter to that effect. A further article for Special Town Meeting, submitted by the Water Addl. art. for Commissioners, was considered. STM Motion of Mr. Sullivan to accept Article #18 relating to the rescission of an unused and abandoned easement. Second by Mrs. Gjesteby and Mr. Brown. Vote 5 - 0 in favor, none opposed. The matter of appointment of a temporary Town Moderator was Appt. of temp. introduced. The Chairman asked to have the matter tabled, as a Town Moderator question has been raised by a member of the Board and Town Counsel has tabled not had time to render a decision. Motion of Mr. Laugelle to table appointment of a temporary Town Moderator. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN October 13, 1992 Page 5 Mr. Doyon announced that he is in receipt of the bill of Goodwin, Prof. bill Procter & Hoar with signed approval of the Sewer Commissioners. Motion of Mr. Sullivan to approve for payment the bill for legal services of Goodwin, Procter & Hoar for the period July 1-August 31, 1992, in the sum of $2,410.09, as requested. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. The matter of the request of the Fire Chief to declare specific items Fire Dept. sur- removed from the Bates Building as surplus property and to authorize a plus decl. joint auction with the Scituate Fire Department was considered. Motion of Mr. Brown to declare as surplus the items shown on six sheets dated October 5, 1992, prepared by the Fire Department. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Brown asked if all Town departments had been notified of the surplus items. Mr. Laugelle asked the Executive Secretary to check this with the Fire Department. Motion of Mr. Laugelle to authorize the Fire Chief to hold a joint Authoriz. of auction of the items declared surplus with the Scituate Fire Fire Chief to Department. hold joint auc- tion Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. At the request of the Planning Board a site plan was reviewed for Site plan Exxon Company, U.S.A. review for Exxon Co. U.S.A. Motion of Mr. Laugelle to recommend approval of the site plan of Exxon approved Company, U.S.A. - 740 Chief Justice Cushing Highway. Second by Mr. Brown. Mrs. Gjesteby announced a possible conflict of interest and abstained from voting on the matter. Vote 4 - 1 in favor, Mrs. Gjesteby abstaining. MINUTES - MEETING OF BOARD OF SELECTMEN October 13, 1992 Page 6 The Chairman asked the Board to help promote the United Way Fund in Support of Massachusetts in which the Recreation Director, John Worley, is United Way involved. She encouraged Town employees to participate through Fund payroll deductions. Motion of Mr. Brown to support the United Way Fund through voluntary payroll deductions of Town employees. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. The Chairman asked Mr. Doyon to explain the status of dredging bids Dredging bid for Cohasset Harbor. Mr. Doyon said that bids were opened on October Cohasset Har- 6, 1992. There were two bidders, AGM Marine Contractors, Inc., the bor awarded low bidder, at $208,900, and Grand Banks Marine Corporation at (subject to $315.750. Grant funds are available to the Town and there is an appropriation) overage of $14,265 if the bid exceeds the amount of the balance of the grant. In the last few days the engineer has been reviewing the bids and talking with dredging companies. He learned that there were so few bidders due to a number of projects currently under way. Cohasset's job is small and subject to a lot of environmental conditions. There were concerns about the depth of the channel and ability to move the dredged material out of the channel without damage to scows and moorings. The engineer's opinion is the bid result is probably the best the Town can do. There is a dredging construction window of November 11 to February 15. $194,000 will be left after all engineering fees are paid. The Chairman said the options are to reject all bids and go out to bid again or to accept the lowest bid, subject to appropriation, and to place an article in the warrant for Special Town Meeting to fund the balance. Motion of Mr. Laugelle to go forward with award of the bid for Cohasset Cove dredging and ledge removal to AGM Marine Contractors, Inc. at $208,900, subject to appropriation of Town Meeting. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. The Chairman read aloud an article authorizing the dredging of Addl. article Cohasset Harbor. for STM Motion of Mr. Brown to accept Article #12 relating to appropriation of additional funds for the dredging of Cohasset Harbor. f J MINUTES - MEETING OF BOARD OF SELECTMEN October 13, 1992 Page 7 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Doyon read aloud additional unpaid bills to be inserted in a Additional unpaid previously accepted article for Special Town Meeting. bills for STM action Motion of Mr. Brown to accept the addition to the article for unpaid bills. Second by Mr. Laugelle and Mr. Sullivan. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported as follows: Exec. Secy's report He will speak with the engineer for Harbor dredging concerning the deficit which may be $20,000 rather than $14,265. The money could come from the Waterways Fund and not entirely from appropriation. Ambulance bids were opened today. The bids appear to be within the appropriation. There is a question whether or not the low bidder met the specifications. There were four bids, and all bid bonds were submitted. Advertisement for the re-bid of the Doane Street culvert is in the "Central Register" and Patriot Ledger this week. Opening is October 28. The engineer wanted an additional $2,900 to go through the bid process again after talking with the Mass. Highway Department, so it will be handled through the Selectmen's office. The Old Town Hall repainting job will start tomorrow. [End of report.] The Board members commented on various matters. Other business Mr. Laugelle said that Amy Roebuck wants to re-design and maintain Reed's Corner. Mr. Doyon said there is $200 left in the Highway Department's budget, and the work could be done as part of the original purpose, as it is landscaping. Mr. Litchfield has been looking for a way to make the improvement. The press and public were asked to comment. Press and public Motion of Mrs. Gjesteby and Mr. Brown to adjourn. Adjourn So MINUTES - MEETING OF BOARD OF SELECTMEN October 13, 1992 Page 8 Second by Mr. Sullivan. vote 5 - 0 in favor, none opposed. The meeting was adjourned at 9:00 p.m. ACCEPTED: z�-- DATE: Ex u S etary 1 Sr CORRESPONDENCE LIST October 13, 1992 1. Norfolk County Commissioners. Notice of assessment of County tax for FY93. 2. Massachusetts Cable T.V. Commission. Notice of Inquiry re cable t.v. disclosure by community access entities. 3. Richard Henderson re Cohasset Heights , Ltd. , v. Board of Water Commissioners, et al. 4. James Kerasiotes, Mass Highway, Office of the Commissioner. Notice of consolidation of district offices. 5 . Henry Ainslie, Director of Operations, Norfolk County Commissioners. Approval of request to estimate ledge to be removed for addition to Highway garage. 6 . Fire Chief John Nadeau. September 1992 ambulance billing report. 7 . Wire Superintendent, Stephen Wigmore ' s log from September 21 to October 1, 1992. 8 . South Shore Habitat for Humanity, Inc. Invitation to renovation kickoff at Bates Building. 9 . The Alcoholic Beverages Control Commission' s 1993 Calendar of Holidays. 10 . Mary Padula, Executive Office of Communities & Development. Notice of grant award of $30, 000 re Regional Fire and Emergency Rescue municipal grant application. 11. Inspector General ' s office. Pamphlet re repair plates. 12. Tibbetts Engineering Corp. to Central Register. Copy of fax notification on replacement of Doane Street culvert. 13 . Delivered by Town Manager of Hull. Report of Midge Mitigation Study. 14. Sverdrup Corp. Five booklets 'Alternatives to the Proposed Action' ,re Greenbush. 15. Board of Assessors. Notice to be sent to residents re change in addresses. 16. Donald Jensen, Town Accountant. Certification of "Free Cash" as of July 1, 1992. 17 . Animal Control Officer' s total hours worked for week ending 10/2/92 - 171 hours. 18. Paul Daubitz , ATI Telemanagement. Return of letter of this office stamped "Read and Approved. " 19. Tri-Town Weir River Estuary/Watershed & Monitoring Program. Fall 1992 Marine Environmental Institute sponsored by the Hull Public Schools. 52 AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN October 19, 1992 TOWN HALL - SELECTMEN'S MEETING ROOM 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of Regular Meeting of October 13, 1992 D. Scheduled Items 7:35 p.m. Amy Roebuck - King and Beechwood Streets Landscaping Project 7:45 p.m. Lori Besegai - Request to Conduct National Multiple Sclerosis Society Walk Sunday, March 28, 1993 7:55 p.m. David McMorris - Request for One-day Liquor License at The Community Center of Cohasset on November 7, 1992 8:00 p.m. Sam Wakeman - Insurance Advisory Committee. Review of Insurance Bid Results - Consider Award 8:30 p.m. Fire Chief - Consider Revised Ambulance Billing Policy Executive Session E. Old Business 1. Consider Acceptance of Warrant Articles (E.S.) 2. Take Any Necessary Action Relative to Thomas J. Cummings Application for Retail Package Goods Store Wines and Malt Beverages License (E.S.) 3. Consider Appointment of Town Moderator (to be taken up prior to Executive Session) (E.S.) F. New Business 1. Consider Request of Community Center Nursery School to Temporarily Store Halloween Fair Equipment on Town Hall Lawn October 25, 1992 (E.S.) 2. Consider Setting Hearing Relative to Allegations of Alcoholic Beverages Violations at With Richards, Inc. (E.S.) 3. Consider Appointment of Acting Police Chief (E.S.) 4. Consider Appointment of Acting Fire Chief (E.S.) G. Executive Secretary - Update on Pending Matters H. Public and/or Press ,r' I. Other Business That May Properly Come Before the Board jds 10 19 92 MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: Thomas J. Cummings George L. Marlette III, Esq. Amy Roebuck Lori A. Besegai - NMS Society Samuel W. Wakeman - Insurance Committee David J. McMorris - Coh. Community Center John R. Nadeau - Fire Chief Elizabeth B. Ripley - Treas./Collector Joseph D. Buckley Carol Oteri-Puffer Sally A. Lincoln Janice M. Rosano Patricia A. Walsh Jacquelyn R. McGuire Pauline J. Litchfield Nancy C. Snowdale (9:15 p.m. ) Mary Ford - Cohasset Mariner Molly Hochkeppel - Patriot Ledger Robert V. Davenport - (Cable T.V. volunteer) Richard A. Henderson, Esq. - Town Counsel (8:40 p.m. ) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of October 15, 1992, by warrants Selectmen Brown, Gjesteby, Laugelle and Sullivan. Motion of Mr. Brown to approve the minutes of meeting of October Mins. mtg. 13, 1992, as amended. 10/13/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Warrant articles for the Special Town Meeting were discussed. Warrant Arts. Mr. Doyon called attention to an amendment of a warrant article STM regarding specifications on Harbor dredging, requesting that verbiage be added to allow the Town, through its Treasurer- Collector, to borrow $100,000 in anticipation of a state grant. 1 QMINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 2 He has been advised that the state will schedule payment of $100,000 in FY92 and $100,000 in FY93, which decision he said he did not understand because the state has been working with the Town right along, is familiar with the schedule for construction, and the award has been approved. He was told they would release the first $100,000 as soon as possible, but it will result in borrowing costs of $4,000. The Chairman called for a vote. Motion of Mr. Brown to approve Article #12 as amended for insertion in the warrant for the Special Town Meeting. Second by Mrs. Gjesteby. Vote 5 - 0, none opposed. Amy Roebuck appeared before the Board for the purpose of offering Offer of Amy her services to landscape the island at Reed's Corner. She had Roebuck to sent the Board a letter volunteering her time and said she has landscape Reed's spoken with the Tree and Park Superintendent. She indicated that Corner she has received telephone calls from Brownie Troops and others interested in volunteering their services. Miss Roebuck described to the Board the nature of the landscaping she has planned for the area, and agreed to work with the Highway Surveyor and the Tree and Park Superintendent. She submitted a diagram of her design for the fall season and said she would go forward with that. Lori Besegai of the National Multiple Sclerosis Society (Mass. Req. of NMSS Chapter) requested permission to organize a "Super Cities Walk" (Mass.) to hold in Cohasset over the established Rotary Race route. She said she "Super Cities would like to use the Town Hall Auditorium to register walkers Walk" and to use and have a barbecue in the parking lot. Port-a-Potties will be Town Hall Audit. brought in, and they will plan to have everything cleaned up by 5:30 p.m. She said she expects about 100 people will participate. She was reminded to seek clearance from the Board of Health. Motion of Mr. Laugelle to allow the National Multiple Sclerosis Society to conduct a "Super Cities Walk" on Sunday, March 28, 1993, beginning at 1:00 p.m., and to use the Town Hall Auditorium to register participants. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. '*AV MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 3 Mr. Doyon stated that there is a proposed article for Special Warrant article Town Meeting which is a companion article to Article #15, SIM submitted by the Treasurer-Collector, which relates to the denial, revocation or suspension of local licenses or permits for any person or entity owing taxes, fees, etc. Counsel said the Board must not only accept the article first, but it must also be passed by Town Meeting because it involves a change in the By-laws. Motion of Mr. Brown to accept Article #16. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. David McMorris appeared on behalf of the Cohasset Community Req. of Coh. Center to request a one-day liquor license. Comm. Ctr. for one-day liq. lic. Motion of Mr. Sullivan to approve the issuance of a one-day liquor license to David J. McMorris for the Community Center of Cohasset, Inc., 3 North Main Street, on Saturday, November 7, 1992, from 8:00 p.m. to 1:00 a.m. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. The Chairman announced that the Cohasset Community Center Nursery School has requested permission to store Hallowe'en Fair equipment on the Town Common. Motion of Mr. Laugelle to allow the Cohasset Community Center Req. of Coh. Comm. Nursery School to store specified equipment on the Town Common on Ctr. Nursery School Sunday, October 25, 1992, for a few hours. to use Town Common Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Appointment of an Acting Police Chief was considered. Appt. of Acting Police Chief Motion of Mr. Brown to appoint Sgt. Robert W. Jackson as Acting Chief of Police for the weeks of November 1 and November 9, 1992, while the Chief is on vacation. Second by Mrs. Gjesteby. MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 4 Vote 5 - 0 in favor, none opposed. Appointment of an Acting Fire Chief was considered. Appt. of Acting Fire Chief Motion of Mr. Laugelle to appoint Capt. Robert D. Silvia as Acting Fire Chief during the period of October 23-29, 1992, while the Fire Chief is attending a symposium. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Wakeman, Chairman of the Insurance Committee, presented the Award of genl. Committee's findings regarding the bidding process for the Town's ins. bid general insurance, which took place October 1, 1992, effective November 1, 1992. He said it is anticipated it will be a three-year commitment. There were three brokers who submitted proposals: Richardson Insurance with Great American for $178,837, Hastings-Tapley with MIIA, $191,339 (excluding any dividends), and Mahoney & Wright with United Community for $220,016, all being on a comparable basis. Mr. Wakeman reviewed the significant differences in coverages in detail, and recommended that the award be made to Richardson Insurance Agency and Great American. He said the award represents a $60,000-$70,000 savings over the amount for the ensuing year. Motion of Mr. Brown to accept the recommendation of the Insurance Committee and award the Town's general insurance bid to Richardson Insurance Agency and Great American Insurance Company for $178,837, effective November 1, 1992. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Discussion concerning Thomas J. Cummings' application for a Applic. of Thos. retail package goods store wines and malt beverages license at J. Cummings for Jonathan Livingston Square, 130 King Street, was resumed. It was wines and malt ascertained that return receipts from certified mail to pertinent bev. lic. appvd. abutters had been received. Mr. Doyon read aloud the list of recipients, noting that the receipt from the Commonwealth of Massachusetts had not been returned, although there is proof of timely mailing. The Chairman noted that real estate taxes have been paid through 1992. Motion of Mr. Laugelle not to grant Thomas J. Cummings a wines and malt beverages license at 130 King Street, for the reason MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 5 that several similar businesses have failed next door and there are already a number of alcohol and beer and wine licenses on Chief Justice Cushing Highway. Second by Mrs. Gjesteby. Mr. Cummings said he wrote a letter to Mr. Doyon, which he read aloud, regarding the premises to be licensed. He asserted that it is clearly to be one store similar to that run by Roberts Food Mart, only it is a little larger, and it will be a full-fledged convenience store. He said he would be the manager of the entire store. He explained that his brother is not familiar with the operation and his purpose in speaking to the Board tonight is to clear up any misunderstanding that occurred in his absence at last week's hearing. Mr. Martin said that Mr. Cummings did not want to go into operating a store, but he is doing this in order to improve the business of his tenants. He asserted that nothing has changed, and from a tax and business standpoint Mr. Cummings should be granted a beer and wine license. The Chairman said she asked Town Counsel to explain the parameters for decision making and counsel said the term "public convenience and necessity" is the guiding phrase. The decision should be based on this and also the facts of the character of the individual seeking the license, his background in the field, etc. Further questioning of the applicant followed. The Chairman called for a vote on the motion on the table. Vote 3 - 2 opposed, Mr. Laugelle and Mrs. Gjesteby in favor. Motion of Mr. Brown to grant a beer and wine license to Thomas J. Cummings, for the premises at Units F and H at Jonathan Livingston Square, 130 King Street, Cohasset. Second by Mr Sullivan, based on Mr. Cummings' word that it will be a convenience store. Vote 3 - 2 in favor, Mr. Laugelle and Mrs. Gjesteby opposed. Chief Nadeau presented to the Board his proposed ambulance Fire Chief's billing and collection policy, emphasizing that it is only a proposed ambul. draft proposal and what he considers as a starting place. The billing and Board members discussed various aspects of the proposal. collection policy MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 6 Mr. Buckley offered the information that Medicare will pay 80% of an ambulance bill within forty-five days, and the bill will go to Medex which will approve the balance. He said 100% of the approved amount will be paid within sixty days. The Chairman proposed that Chief Nadeau's report be heard and taken under advisement, summarizing that the Board's concerns are: (1) the number of days before turnover for collection, (2) the maximum number of days a bill will be allowed to be outstanding, and (3) whether or not to use a collection agency. She added that the Board needs to approve a write-off policy, make a determination of Medicare billing, and approve a plan which includes multiple transport. Motion of Mr. Brown and Mr. Sullivan to take the matter of ambulance billing policy under advisement. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Ms. Ripley, the Treasurer-Collector, presented a series of Warrant Arts. articles she proposes for insertion in the warrant for Special STM Town Meeting based on a memorandum previously furnished to the Board, concerning which discussion took place. Regarding additional funding for Medicare, the Chairman said it would be the basis for a future agenda item. Regarding the matter of collecting legal fees for tax title foreclosures and other matters, Ms. Ripley said she will prepare more information before presenting it. Regarding withholding the issuance of licenses to delinquent taxpayers, Mr. Henderson agreed to look further into the matter. Ms. Ripley distributed a memorandum relating to an upgrading of her salary and requested that it be presented to the Special Town Meeting. Following her explanation of the proposal, Mr. Doyon said salaries are set at the Annual Town Meeting, and the Chairman explained that Annual Town Meeting cannot commit itself to any more than one fiscal year. Mr. Henderson added that the amount would have to be appropriated every year, and suggested that in order to protect herself Ms. Ripley should submit the article and have it accepted with a specific amount. Motion of Mr. Laugelle to accept the article for insertion in the warrant for the Special Town Meeting as Article #15. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. S9 MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 7 Appointment of a Town Moderator was considered. The Chairman Appt. of Town reviewed that two applicants were interviewed, a question was Moderator raised as to procedure in case of a vacancy, and Town Counsel has submitted an opinion in writing. Counsel was asked to summarize. Mr. Henderson said the issue is whether or not the Moderator is one of the officers under M.G.L. Ch. 41, secs. 10-11 that the Selectmen could appoint. He said he consulted a number of sources and determined that Chapter 41 controls and is the method that must be addressed first. He said if the Board fails to agree on a successor, Chapter 39 is a method to make sure someone on the floor could serve, but Chapter 41 is the first method and only if that fails should Chapter 39 be considered to fill the vacancy. He said he has no doubt this is the proper procedure. Mr. Laugelle asked Mr. Henderson to read his opinion aloud, which was done. Motion of Mr. Sullivan to appoint Myrna Putziger for the interim position as Town Moderator. There was no second. The Chairman asked if it was proper procedure for her to second the motion. Discussion followed. Mr. Henderson asked if the Board had adopted any formal rules ' concerning the matter. Mr. Brown seconded the motion. Vote 3 - 2 opposed, Mrs. Goedecke and Mr. Sullivan in favor. Mr. Laugelle nominated George L. Marlette III as Town Moderator. Second by Mr. Brown. Vote 3 - 2 in favor, Mrs. Goedecke and Mr. Sullivan opposed. The Chairman recognized Carol Oteri-Puffer, who said she was Lead paint contro- present to discuss the issue of lead paint dust resulting from versy at Town the removal of paint from Old Town Hall and the exposure of Hall herself and other employees to it for at least four days. She stated she had written a letter to the Executive Secretary notifying him of the problem and she has had a lead paint test taken, the results of which are not yet known. She demanded that the Selectmen accept the responsibility of allowing any employee to have a lead paint test taken, for which the Selectmen should be financially responsible. Ms. Oteri-Puffer said a number of MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 8 employees had complained of various ailments and that she had left work and gone home sick last Friday afternoon. The Chairman said she first learned of the problem on Thursday afternoon and was concerned about it. She said the contractor was alerted of the action necessary under the contract and to discontinue the electric sanding and pick up the debris daily. That was done before it was known it was lead paint. Mr. Doyon added that the windows were ordered to be kept closed. Ms. Oteri-Puffer contended that the order was not given over the public address system as she had requested until after Mr. Doyon had talked with the Health Agent. She said she had also requested at a staff meeting three weeks previously that testing for lead paint be done and she was ignored. The Chairman said that employees who are concerned about exposure should have a test. Motion of Mr. Laugelle to have any Town employee who wants to be tested for lead poisoning be tested. Second by Mrs. Gjesteby. Ms. Oteri-Puffer said there should also be an air quality test made. She said she had talked with the contractor and also reported the matter to the Department of Environmental Protection, emphasizing that the Selectmen have a responsibility to take whatever action is necessary. Ms. McGuire said she told Dr. Godzik on Wednesday that the employees were concerned and that a test should be made. On Thursday she talked with Mr. Doyon asking to have something done. She stated that she was ignored. She claimed the Building Inspector thought they were hysterical women. Mrs. Gjesteby was notified and took an interest in what was going on. Ms. Lincoln said she went home Wednesday with a sore throat and had trouble breathing Wednesday night. Ms. Snowdale asked if there was language in the contract about containment of lead paint. Mrs. Gjesteby read aloud that part of the contract relating to it. Robert Davenport offered the information that Dr. Godzik first returned to the office at 6:30 p.m. Thursday and that everything had been stopped by then. The Chairman asked for a vote on the motion on the table. vote 5 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 9 Motion of Mr. Sullivan that a specialist be found who can assess the situation and also give an evaluation to the individuals in the Town Hall of the impact of a short-term exposure. Second by Mr. Laugelle. Mr. Henderson cautioned that notice should be given to the contractor first before anything is done because he is responsible; that the contract is clear and the burden is on the contractor, who agreed to indemnify the Town and to be responsible for state and municipal laws. He said the Town should notb flamed if the contractor did not do all that should have been done. Ms. Oteri-Puffer said a petition was submitted to the Board today asking for copies of all contracts pertaining to the painting. She asked permission to sign, and suggested that the Town might be liable to a class action suit. The Chairman told her that the petition will be taken under advisement. Second (for the second time) by Mr. Brown, with the added stipulation that the Health Agent should pursue the matter. Vote 5 - 0 in favor, none opposed. Correspondence from a person alleging alcoholic beverage license Hearing date violations at "With Richard" was referred to by the Chairman, who set for alleged stated the purpose is to set a hearing date. She said there alc. bev. lic. would be no discussion on any of the merits tonight, as there is viol. of "With no proof anything untoward took place. The matter was opened for Richard" discussion. Motion of Mr. Sullivan to hold a hearing concerning alleged violations of the alcoholic beverage license of "With Richard" on November 2, 1992. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported: Exec. Secy`s report Notice has been received of a meeting Wednesday night at Hull Town Hall on the midge study. Anson Whealler has been made aware of it as Chairman of the committee. He will not be able to attend. MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 10 Michael Buckley, the new Town Accountant, started work today. Village Renaissance has asked permission to block the walkway from the Town Parking Lot to allow for making improvements on November 26. Groundbreaking took place this past weekend at the Bates Building. Those interested in assisting the project should contact South Shore Habitat for Humanity for an application. [End of report.] Motion of Mr. Brown to grant permission to Village Renaissance to Req. of Village block the walkway from the Town Parking Lot to South Main Street Renaissance to on November 26, 1992. block walkway from Town Parking Second by Mr. Sullivan. Lot appvd. Vote 5 - 0 in favor, none opposed. The Board members commented on various matters. Other business Motion of Mrs. Gjesteby to approve the use of flagmen on public works projects. Second by Mr. Brown. Vote 4 - 1 in favor, Mr. Laugelle opposed. Mr. Laugelle raised the question of replacing a man for the vacancy on the Fire Department. Mrs. Goedecke said the matter is proposed for executive session this evening. Mr. Laugelle said it should not be discussed in executive session without consulting labor counsel. He said he would not participate in any discussion in executive session about the matter, and that in the long run it is only going to cost more if a man is not hired. The press and public were asked for comment. Press and public The Chairman asked for a motion to go into executive session to Exec. session discuss a collective bargaining matter, not to return to open session. Motion of Mr. Sullivan to go into executive session for the above stated reason. Second by Mr. Brown. MINUTES - MEETING OF BOARD OF SELECTMEN October 19, 1992 Page 11 Vote 4 - 1 in favor, Mr. Laugelle opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Laugelle - Nay. Mr. Laugelle left the meeting room at 10:55 p.m. Mr. Laugelle leaves The Board went into executive session at 10:57 p.m. and did not return to open session. The meeting was adjourned in executive session. ACCEPTED: �L� DATE: Exe ti e crqofary 6� CORRESPONDENCE LIST October 19, 1992 1. Veneta Roebuck, Conservation Commission, re appointments of two (2) associate members to the Commission. 2. Mary Padula, Executive Office of Communities & Development, to Patricia Dowd, Duxbury Board of Selectmen, re Grant Application #IG-076-92A from the FY1993 Municipal Incentive Grants program. Grant awarded in the amount of $10, 000 . 3 . Mary Padula, Executive Office of Communities & Development, to Richard Maire, Harvard Board of Selectmen, re Grant Application #IG-051-92A from the FY1993 Municipal Incentive Grants program. Grant denied. 4 . Clark Ziegler, Massachusetts Housing Partnership. Congratula- tory letter on our community' s affiliation with the MHP Fund for the upcoming year. 5. Joseph Hayes, Continental Cablevision. Complaint Form for the 3rd quarter, through September 30 , 1992, and Significant Service Interruption Form through the same period. 6 . Elizabeth Ripley, Treasurer/Collector, to Council on Aging. Thank you to senior volunteers. 7. Joseph Hoban, Norfolk County Selectmen' s Association. Meeting notice for Wednesday, November 18, 1992, at Marriott Courtyard Hotel. s i f 2 3 rj 1 jds 10 26 92 MEETING OF BOARD OF SELECTMEN October 26, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: Capt. Robert D. Silvia - Fire Dept. Linwood L. Davis - Firefighter Robert E. Martin, Jr. ) Carol Oteri-Puffer Sally A. Lincoln ) Janice M. Rosano ( - 7 :50 p.m. Patricia A. Walsh ) Jacquelyn R. McGuire Pauline J. Litchfield) Anne G. Barnes Robert V. Davenport - (Cable T.V. volunteer) Molly Hochkeppel - Patriot Ledger Jeff Cutler - Cohasset Mariner Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of October 22, 1992, by Chairman warrants Goedecke, and Selectmen Brown, Gjesteby, Laugelle and Sullivan. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of October 19, 1992. Mins. mtg. 10/19/92 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 October 19, 1992. sess. 10/19/92 tabled Second by Mr. Brown. Mrs. Gjesteby said she wants a correction of one word. Motion of Mrs. Gjesteby to table approval of the minutes of executive session of October 19, 1992. MINUTES - MEETING OF BOARD OF SELECTMEN October 26, 1992 Page 2 Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. The Chairman announced that there will be no executive session this evening. Warrant articles for the Special Town Meeting were reviewed for Warrant arts. the Board's position. STM reviewed Article #1. To amend the Harbor By-Law to institute a system of late fees. ii Motion of Mr. Brown to support Article #1. 9 Mr. Doyon suggested having the Harbor Committee in to discuss the article further. The Chairman agreed that the actual wording should be determined before the Board takes a position. Approval of Article #1 was tabled. s Article #2. To engage computer consulting services. The Chairman said the amount of $15,000 is being considered for the purposes of the article. Motion of Mrs. Gjesteby to support Article #2. Second by Mr. Brown and Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Article #3. To appropriate the sum of $15,216 to pay the sick leave buy-back benefits of a retiring police officer. Motion of Mr. Brown to support Article #3. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Article #4. To institute non-criminal fines for violations of Town by-laws. Motion of Mr. Brown to support Article #4. Second by Mrs. Gjesteby. MINUTES - MEETING OF BOARD OF SELECTMEN October 26, 1992 Page 3 Mr. Laugelle said he did not want fines assessed at any level. Warrant arts. STM (cont'd.) Vote 4 - 1 in favor, Mr. Laugelle opposed. Article #5. To donate eighteen surplus revolvers to the Cohasset Police Benevolent Association, Inc. Motion of Mr. Brown to support Article #5. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Article #6. To authorize the direct deposit of employees' salaries and wages. The Chairman said no action should be taken until the Treasurer advises the cost of implementation. The article was skipped over. Article V. To accept a Collective Bargaining Agreement between the Town and Konohasset Clerical and Custodial Association. There being no agreement, action was tabled. Article #8. To accept a Collective Bargaining Agreement between the Town and Cohasset Permanent Firefighters, Local 2804. There being no agreement, action was tabled. Article #9. To accept a Collective Bargaining Agreement between the Town and Local Bargaining Unit C.L.A.S.S. There being no agreement, action was tabled. Article #10. To pay unpaid bills. Motion of Mr. Brown to support Article #10. Second by Mrs. Gjesteby. Mr. Laugelle questioned how long the Board is going to allow the Sewer Commission to present unauthorized bills for payment. Vote 4 - 1 in favor, Mr. Laugelle opposed. Article #11. To raise a sum of money to make traffic safety improvements in Cohasset Village. Mrs. Gjesteby reported that she and Mr. Sullivan had met with the Safety Officer and agreement was reached to paint crosswalks green and to purchase barrels to be used at critical areas. MINUTES - MEETING OF BOARD OF SELECTMEN October 26, 1992 Page 4 Parking spaces next to the PB bus stop will be eliminated. The Warrant articles Chairman estimated the cost at $1,400. STM (cont'd.) Motion of Mrs. Gjesteby to support Article #11 to the amount of $1,500. Second by Mr. Sullivan. Vote 3 - 2 in favor, Mr. Laugelle and Mr. Brown opposed. Article #12. To raise a sum of money to dredge portions of Cohasset Harbor. The Chairman said the amount is $20,000 for short-term borrowing against the second year of a grant from the state. Motion of Mr. Sullivan to support Article #12, and to pursue the political approach for release of the grant money. Second by Mrs. Gjesteby. t Mr. Doyon said the intent of the article is to meet the deficit on the bonds for $100,000 temporary borrowing. He pointed out that the Town Accountant's office reports there is $24,000 in a Waterways and Improvements Fund which can be used for the purpose. Vote 5 - 0 in favor, none opposed. Article #13. To appropriate $34,560.77 from the overlay surplus reserve account to reduce the fiscal year 1993 tax rate. Motion of Mr. Sullivan to accept Article #13. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Article #14. To raise $30,000 to meet the deficit in health insurance and Medicare. Motion of Mr. Sullivan to accept Article #14. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN October 26, 1992 Page 5 Article #15. To raise $1,500 for adjustment of the salary of the Warrant arts. Treasurer-Collector for the remainder of the current fiscal year. STM (concl.) Motion of Mr. Brown to accept Article #15. Second by Mr. Laugelle. Mrs. Gjesteby said it is not good procedure to make the adjustment outside of Annual Town Meeting and that Town Counsel should interpret what "town meeting" means in the by-law. Mr. Sullivan said if it is done at Annual Town Meeting it is incorporated in the budget, and the Treasurer-Collector can go before Town Meeting to ask for what she wants. Vote 3 - 2 in opposition, Mr. Laugelle and Mr. Brown in favor. Articles #16 and #17. To accept the provisions of M.G.L. Ch. 40, Sec. 57 regarding denial of applications, etc., for those who owe local taxes. Motion of Mr. Sullivan to accept Articles #16 and #17. ® Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Article #18. To rescind an easement at 23 Stockbridge Street and 28 Margin Street. Motion of Mr. Sullivan to accept Article #18. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Doyon reported as follows on the lead paint problem at Town Exec. Secy's Hall: report on lead paint problem A testing agency was engaged last week and the results were at Town Hall mixed. All the air samples taken throughout the building were negative. The results of ten samples taken in the building (wipes of floors and windowsills) showed counts ranging under 100 to 2,600 micrograms per square foot. Counts in the auditorium were upwards of 20,000 micrograms per square foot. One of the problems is there are no standards for commercial buildings. All of the measurements are for residential buildings MINUTES - MEETING OF BOARD OF SELECTMEN October 26, 1992 Page 6 for those with children under the age of six: 200 for the floor, Lead paint 500 for windowsills, and 800 for window troughs. report (cont'd.) Steps were taken Friday afternoon to close Town Hall auditorium to events over the weekend in order to limit the exposure. Employees were offered the option of not staying in the offices where counts were high or not coming to work. A question was raised today whether or not the employees who might take advantage of that offer would be paid. Motion of Mr. Sullivan that employees who so choose will be paid. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Doyon continued that advice has been received from several sources and one person said the auditorium ought to be closed. One thing that was consistent is that people in the building should wash their hands frequently and avoid contact with surfaces. A number of companies have been contacted to do clean-up work. Mr. Sullivan briefly commented on research that had been done. He said nobody really knows what the impact of lead paint can be on an adult, if there are any, so there are no standards. His understanding is that the body can digest the lead; it is not cumulative. He has asked a Dr. McCunney to come to next week's meeting if he can, to provide technical information. It is important that people know they are not at risk from an inhalation standpoint and unless they are putting their hands into their mouths, etc., there will be no ingestion. Mr. Doyon said employees have requested more tests. He added that the clean-up process is very expensive. It would appear there is very little contamination on the new side of the building. The clean-up cost will be close to $20,000. The contractors are willing to start work tomorrow and will try to work in the offices at night and in the auditorium day and night. They will use a negative air exchange or filter to collect any dust and contain it while they are cleaning. Tri-sodium phosphate, which is very effective in cutting lead, will be used. The Board commented on various aspects of the clean-up. Motion of Mr. Brown to get the lowest bidder to act as soon as possible to clean Town Hall. MINUTES - MEETING OF BOARD OF SELECTMEN October 26, 1992 Page 7 Second by Mrs. Gjesteby. Lead paint report (concl.) Vote 5 - 0 in favor, none opposed. Mr. Doyon said Advanced Abatement Corporation is the low bidder. National Abatement is the other. They anticipate it will take 500 hours. The Board members thought that Dr. Godzik should be available during this time. Ms. Walsh and Ms. Oteri-Puffer both wanted additional samplings to be taken. Ms. Oteri-Puffer said she had reviewed with Mr. Doyon today additional areas to be tested. Mr. Doyon said there were about twelve additional samples taken this afternoon. Mr. Doyon requested a transfer from the Reserve Fund for clean-up purposes. Motion of Mr. Laugelle to request a transfer of $25,000 from the Approv, of req. Reserve Fund for the purpose of lead paint contamination clean-up for transfer from at Town Hall. Reserve Fund for lead paint clean- Second by Mrs. Gjesteby. up Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to accept the resignation of James Murphy Resig. from from the Cohasset Common Historic District Commission. CCHDC Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to appoint David Buick to the Cohasset Common Appt. to CCHDC Historic District Commission. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to accept the resignation of Thomas Wigmore Resig. from D & A from the Drug and Alcohol Committee. Comm. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman said that Terese Duggan has been recommended for C _7 MINUTES - MEETING OF BOARD OF SELECTMEN October 26, 1992 Page 8 appointment by the Recreation Commission to the Drug and Alcohol Committee. Motion of Mr. Laugelle to appoint Terese E. Duggan to the Drug Appt. to D & A and Alcohol Committee. Comm. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve for payment the bill of Nucci Prof. bills Vine Associates for the period July 5-October 9, 1992, in connection with Harbor dredging plans, in the sum of $2,822. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to approve for payment three bills of Tibbetts Engineering Corp., for engineering services on Doane Street culvert: (1) June 1-June 30, 1992, $100.13, (2) August 1-August 31, 1992, $1,232.95, (3) September 1-30, 1992, $1,337.56. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Request of the Fire Chief to fill a vacancy in the Fire Vote to fill Department was considered. vacancy in Fire Dept. Motion of Mr. Sullivan to fill a Firefighter vacancy in the Fire Department. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Laugelle to give local preference for filling the Req. to give Fire Department position. local pref. denied Second by Mr. Brown. The selection process was discussed. Vote 3 - 2 in opposition, Mr. Laugelle and Mr. Brown in favor. AIM- V MINUTES - MEETING OF BOARD OF SELECTMEN October 26, 1992 Page 9 Request of the Cohasset Permanent Firefighters, Local 2804, for Req. of CPF, Loc. copies of records of executive session meetings was considered. 2804, for release The Chairman said that until the matter under discussion is no of exec. session longer ongoing the Board has a right to withhold executive minutes denied session minutes. Motion of Mr. Laugelle to release the executive session minutes. Second by Mrs. Gjesteby. Vote 4 - 1 in opposition, Mr. Laugelle in favor. The Executive Secretary reported: Exec. Secy's report The Doane Street bid opening will take place again this week. Five companies have taken out specifications to date, two of whom bid last time. [End of report.] The Board members commented on various matters. Other matters . i The press and public were asked for comment. Press and public Firefighter Linwood Davis read a prepared statement from the Fire Statement from Department in response to the Selectmen's letter of October 5, Fire Dept. read 1992, copies of which he distributed. Mr. Davenport asked what is going to happen concerning painting Public the outside of Old Town Hall. Mr. Doyon replied that the painter has suspended work, but he wants to finish the job. The clean-up contractors have stated that if proper procedures are followed using 6-mil. plastic around the windows that the work can continue without contaminating the building. Motion of Mr. Brown to adjourn. Adjourn Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The meeting was adjourned at 9:00 p.m. ACCEPTED: s �� DATE: Exec 483 F6re ary �— C CORRESPONDENCE LIST October 26 , 1992 1. Mildred Leonardi. Memo re June A. Ballinger, et als, versus The Massachusetts Bay Transportation Authority, et al, with press release. 2 . Paula Knowles, Cohasset Drug Free Weekend Committee, enclosing copy of minutes of meeting cf September 22 and notification of next meeting October 22 at 7: 30 p.m. 3. Thomas Wigmore' s resignation from the Drug and Alcohol Committee. 4. Zoning Board of Appeals' public hearing on November 5 , 1992 at 8 : 00 p.m. on the application of Robert and Alice Riley for a Special Permit and a Variance. 5 . Zoning Board of Appeals' public hearing on November 5, 1992 at 8 : 00 p.m. on the application of Dennis & Patricia Hughes for a Special Permit at 11 Lothrop Lane. 6. James Murphy, Northrop Aircraft Division. Resignation from Cohasset Common Historic District Commission. 7. Richard Henderson, Esquire, to Clerk, Civil Business , Norfolk Superior Court, re Cohasset Harbor Associates, et als. v. Thomas J. Callahan, et als. Stipulation for Dismissal. 8 . Richard Henderson, Esquire, to Clerk, Civil Business, Norfolk Superior Court, re Autohaus , Inc. v. Myrna Putziger, et als. Stipulation for Dismissal. 9 . Gordon Hislop. Endorsement of the proposed Cohasset Historical Military Memorial by the Design Review Board. 10. F. Ellis Fitzpatrick, Massachusetts Department of Revenue, Division of Local Services. Notification of the Town' s availa- ble funds or "free cash" as of July 1, 1992 - $538 , 759 . 11. Peter Webber, Massachusetts EOEA, Department of Environmental Management, enclosing copy of their brochure cn the Massachu- setts Ocean Sanctuaries Program to acquaint you with the Act and the new regulations. 12 . Leslie Kirwan, Massachusetts Department of Revenue, Division of Local Services, re FY93 Cherry Sheet Manual. 13. Richard Swanborg, Jr. Applicant for Computer Study Committee. 14 . Animal Control Officer. Total hours worked for week ending 10/9/92 - 131 hours. a 15 . Animal Control Officer. Total hours worked for week ending co 10/16/92 - 142' hours. 16. Police Department. Inventory list as of April 15, 1992. 17 . Mass Department of Environmental Protection. Bulletin re regulations on disposal of glass , metal containers, etc. w/form. CORRESPONDENCE LIST Page 2. 18. Timothy Anderson to Joseph Murphy, re Midge/Straits Pond item in Warrant. 76 AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN November 2, 1992 TOWN HALL - SELECTMEN' S MEETING ROOM 7 : 30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval 1. Regular Meeting of October 26 , 1992 2. Executive Session of October 19 , 1992 D. Scheduled Items 7: 35 p.m. John Nadeau - Consider Ambulance Bid Award Consider Proposed Revisions to Ambulance Billing Policy 8 : 00 p.m. Dr. Robert McCunney re lead dust 8 : 15 p.m. With Richard, Inc. Hearing 8: 30 p.m. Beth Christoffel - Teen Depot Executive Session E. Old Business 1. Consider Contract for Municipal Incentive Grant on Regional Fire District (E. S. ) F. New Business 1. Consider Award of Doane Street Culvert Bid (Tentative) 2 . Review and Approval of Professional Statement of Goodwin, Procter & Hoar (Sewer Dept. ) 3 . Resignation of George Marlette from Board of Registrars (E. S. ) 4 . Consider Conservation Commission Article (E. S. ) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board GJD:jds 11 2 92 MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Geodecke Rocco F. Laugelle Michael H. Sullivan Others present: Yong S. Doucette, Mgr. - With Richard, Inc. Jerry Colucci, Asst." - " Sidney Gorovitz, Esq. Judith Barkas James Barkas Dr. Robert McCunney (8:40 p.m.) Joseph D. Buckley Eleanor T. Smith Francis J. Mitchell Elizabeth S. Christoffel John R. Nadeau - Fire Chief Capt. Robert D. Silvia - Fire Dept. Robert W. Garrett, Esq. (9:07 p.m. ) Richard A. Henderson, Esq.- Town Counsel (7:40 p.m.) Molly Hochkeppel - Patriot Ledger Jeff Cutler - Cohasset Mariner Robert V. Davenport - (Cable T.V. volunteer) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. , Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of October 29, 1992, by Chairman warrants Goedecke and Selectmen Brown, Gjesteby, Laugelle and Sullivan. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of meeting of October Mins. mtg. 26, 1992, as amended. 10/26/92 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 October 19, 1992, as amended. sess. 10/19/92 Second by Mrs. Gjesteby. MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Page 2 Vote 5 - 0 in favor, none opposed. Signing of the contract for a municipal incentive grant on a Approval of regional fire district was discussed. contract with EOCD re region- Motion of Mrs. Gjesteby to authorize the signing of a contract al fire district with the Executive Office of Communities & Development for a $30,000 municipal grant to establish a regional fire district with the towns of Scituate, Hull, Hingham, and Norwell, subject to the approval of Town Counsel. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Doyon said there is a $3,000 cash match of which $600 would be the Town's share, and consideration will have to be given to funding that amount from either the Fire Department's budget or the Reserve Fund. Motion of Mr. Brown to transfer $600 from the Reserve Fund for the purpose. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Award of the ambulance bid was considered. Chief Nadeau reviewed Award of ambu- that there were four bids, all of which fell within the lance bid appropriate amount. However, all had exceptions, some significant and some quite minor. He said the high bid had the fewest exceptions, there is a consensus within the department with the vehicle, and it is the department's recommendation to award the bid to Specialty Vehicles. Counsel said that it is within the Board's purview to accept or not, but he has no problem with accepting the bid as recommended by the Chief. The Chairman furnished the amounts of the separate bids, observing that all four bids are within the appropriation. She noted that the lowest bid has eight exceptions, some of which are substantial. The Chief reviewed the major exceptions and explained the variables in the bidding. Motion of Mr. Sullivan to approve award of the bid to Specialty Vehicles, as proposed. MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Page 3 Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Proposed modification to the ambulance billing policy was Ambulance bill- discussed with Chief Nadeau. The Chairman directed the Board's ing policy attention to the draft proposal for purposes of identification of discussion those areas under discussion. Motion of Mr. Brown to accept the proposal for billing, as outlined under III-A of the proposal. Second by Mr. Laugelle. Vote 4 - 1 in favor, Mr. Sullivan opposed. Motion of Mr. Brown to accept the proposal for collections, as outlined under III-B of the proposal. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to accept the proposal for write-off policy (Fire Chief), as outlined under III-C of the proposal. Second by Mrs. Gjesteby. Vote 3 - 2 in favor, Mrs. Goedecke and Mrs. Gjesteby opposed. Motion of Mr. Laugelle to accept the proposal for write-off policy (Board of Selectmen), as outlined under III-D of the proposal. Second by Mrs. Gjesteby and Mr. Brown. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept the proposal for payments/record keeping, as outlined under III-E of the proposal. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Motion of Mr. Laugelle to accept the proposal for past due/non-billed accounts (11/89 through 6/30/92), as outlined MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Page 4 under III-F of the proposal. Ambulance bill- ing policy (concl.) Second by Mr. Brown. The Chief said he will be able to handle the additional 100 clerical hours required under this provision within his budget. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to accept the rates set forth in Schedule A. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. The Chairman said a question has been raised about Medicare assignment, and the policy is that all transports are billed in the same way, regardless of the method of payment. Mr. Buckley, who works with the SHINE group, said he did a survey of Scituate, Hull, Hingham and Abington and all these communities accept assignments. All of them have a billing firm do their billing, except Norwell. Ms. Smith, also a SHINE worker, said there are very few seniors who do not have some kind of medigap insurance, and it would be very confusing if they had to file claims. The Chairman said the Town cannot afford to do third party billing across the board, and she is not in favor of not notifying a person when they have incurred a bill. Motion of Mrs. Gjesteby to take the matter of billing procedure under advisement. Second by Mr. Brown. Mr. Sullivan said it should be determined what percentage of people over 65 use the ambulance and what the cost is associated with it. The Chairman emphasized that a decision must be reached by next week. Vote 5 - 0 in favor, none opposed. Hearing concerning complaints in connection with the liquor Hearing re liq. license of With Richard, Inc. was commenced at 8:20 p.m. The lic. With Richard Chairman read the formal procedure for the hearing, and stated Inc. that the hearing is the result of an allegation of possession of alcoholic beverages at With Richard, Inc. taken outside the licensed premises. Mrs. Goedecke asked Town Counsel to comment. C MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Page 5 Mr. Henderson said that normally such complaints are brought by Hearing re the Police, but in this instance the complaint was made by a liq. lic. With private citizen. The only document available is a written Richard, Inc. complaint to the Police. The complainants were asked to speak. (concl.) Judith Barkas, 238 Hull Street, Hingham, said she was at work and not at home when the incident in question happened. Her husband witnessed it. James Barkas, 238 Hull Street, Hingham, said he was at home that evening and heard noises outside the house. There were people sitting on benches outside the restaurant drinking from cans and glasses. There was a lot of noise and bad language. Mr. Sidney Gorovitz introduced himself, stating that he represents With Richard, Inc. He said the manager and assistant manager of the establishment are present. He examined Mr. Barkas, who agreed that there had been no further difficulty with patrons of the restaurant since the incident on October 3. Mr. Gorovitz said the management of With Richard, Inc. is concerned by the incident and as a result several moves have been made: Within the next two days the benches will be removed and not re-installed; the seating arrangement inside the bar area has been re-aligned, tables have been removed and cocktail tables installed, which will reduce the number of people standing and drinking and provide the bartender and assistant with a better view of the bar area; there was an immediate meeting with all staff at the restaurant to explain the seriousness of any patron carrying out an alcoholic beverage; and all restaurant staff will go through the TIPS program for continuing awareness of spotting infractions. He apologized to the Barkas' for the disturbance to them and their children. Mr. Sullivan inquired about the apartment above the restaurant. Mr. Gorovitz said there are only offices there, and after hours there is no drinking by employees, and if there is, they will be terminated on the spot. Mr. Laugelle inquired concerning activities there at 1:30 or 2:00 a.m. Mr. Colucci, the Assistant Manager, said sometimes paper work is being done. Motion of Mrs. Gjesteby to take the matter under advisement. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Page 6 The Chairman said a determination will be made next Monday night. Dr. Robert McCunney was introduced by the Chairman, who stated he Presentation is in attendance to discuss the lead paint situation at Town of Dr. McCunney Hall. re lead paint problem at Town Dr. McCunney said he is present as a public service, furnished Hall his background, and stated he works with preventing injuries in the workplace. He said he has reviewed the samplings taken at Town Hall on October 21 and 26, and it is clear that lead is in the building from the tests taken on October 21. Whether or not any adverse health effect has taken place can be evaluated by taking a blood test and looking at the air and wipe samples. Mr. Sullivan asked if exposure had occurred and lead got into the blood, what would be the results of a test taken a week later. Dr. McCunney replied that it is more than likely the exposure would go back to baseline; it would be dependent on the level and degree of exposure. Assuming that the person is not exposed to lead otherwise, it would be expected that the lead would drop down rapidly. He said there would be no impact on the body long-term. Mr. Sullivan inquired about the effects of inhaling lead dust, and the doctor replied that exposure to the body is by inhalation or ingestion; it is not absorbed through the skin. It can be rapidly inhaled, and is dependent on the particular size of the dust and determination of what is actually measurable. After explaining the technical measurements of sampling, Dr. McCunney said when the samples were taken on October 26 there was not a serious risk. Mr. Doyon asked if there are any short-term symptoms. Dr. McCunney replied there would be sneezing or irritation. He said in a routine operation he would seriously doubt any short-or long-term effects. Mr. Davenport inquired about results of blood tests, and the doctor said what is normal would vary from about 5 to 10, and he would never expect anyone to be above 10. It would depend on the laboratory doing the testing. Mr. Sullivan asked about the lowering of lead in the body. The doctor said it tends to be stored for long periods in the bone and kidneys and will come down when the exposure ends. The Chairman thanked Dr. McCunney for his presentation on behalf of the Board. Ms. Christoffel, representing The Teen Depot, asked permission to Req. of The Teen install a video game and a pinball machine which she is willing Depot to install to lend to the Depot. She said if the Board gave permission the gaming machines machines could be equipped to take quarters, as a control factor. and to waive ® Ms. Christoffel said if the teenagers like the machines, she will permit fee MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Page 7 consider leasing new machines from a supplier. She also asked that the permit fee be waived. Mr. Doyon said the charge would be $25 per machine. Motion of Mr. Sullivan to allow use of the machines at The Teen Depot. Second by Mr. Brown. Mr. Laugelle objected to the installation of the machines because the teenagers will spend whatever money they have on them. Vote 4 - 1 in favor, Mr. Laugelle opposed. Motion of Mr. Sullivan to waive the permit fees for the machines. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported that the Town is not prepared to Update on Doane i award a bid on the Doane Street project. The DPW is helping in Street culvert analyzing the bids. The results should be available by next replacement bid Monday. Mr. Brown objected to the length of time taken to award the bid and the Chairman said it will be decided next Monday night without fail. Motion of Mrs. Gjesteby to pay the bill of Goodwin, Procter and Prof. bill Hoar incurred by the Sewer Commission for the period September 1-30, 1992, in the sum of $458.30. Second by Mr. Brown. Mr. Brown said the Sewer Commission should inform the Board of the balance in the account and provide a cover memo when a bill is submitted. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to accept the resignation of George L. Acceptance of Marlette from the Board of Registrars. resig. from Bd. Registrars Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Board discussed an article contained in the warrant for MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Page 8 Special Town Meeting which, through oversight, was submitted by Disapprov. Cons. the Conservation Commission directly to Town Counsel. The Comm'n. warrant Chairman expressed counsel's apologies and asked that the Board article, STM act to accept the article. Motion of Mrs. Gjesteby not to accept the article. Second by Mr. Brown. Mr. Brown said Mr. Waal of the Conservation Commission does not think it is necessary to present the article to Special Town Meeting and the Commission will try to make its requirements the same as the Planning Board and Board of Health. Mrs. Gjesteby said she is concerned counsel put the article in the warrant without consulting the Board. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported: Exec. Secy's report The Special Town Meeting warrant went to press and about fifteen Council on Aging volunteers assisted with the labelling. Police Chief applications closed today. There were eighty-four. A Public Health nurse is coming tomorrow to speak to the employees concerning the lead paint situation. Lead clean-up has started and has gone up to the 197 hour mark. The first floor was cleaned in the new building to the computer room, and in the old building to the Sewer/Conservation and Board of Health offices. This represents about 40% of the work. He was there at the start of the shifts at the weekend and Certified Engineering has been taking tests as the work progresses. He was asked to contact the State Representative about the dredging operation, which was done. Ms. Murray reported that there is nothing that can be done about adjusting the payment schedule under the current policy. [End of report.] Mr. Brown said he has four qualified candidates for the Computer Other business Study Committee, all of whom will send in applications. The press and public were asked to comment. Press and public The Chairman asked for a motion to go into executive session to Exec. session MINUTES - MEETING OF BOARD OF SELECTMEN November 2, 1992 Page 9 discuss potential litigation and labor matters, not to return to open session. Motion of Mr. Sullivan to go into executive session for the above stated reasons. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Laugelle - Aye Mr. Sullivan - Aye. The Board went into executive session at 9:35 p.m. and did not return to open meeting. APPROVED: r"� DATE: c" ' y Exec i e ecre ry a6 AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN October 26 , 1992 TOWN HALL - SELECTMEN' S MEETING ROOM 7: 30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval 1. Regular Meeting of October 19, 1992 2 . Executive Session of October 19, 1992 D. Scheduled Item Executive Session E. Old Business 1. Take Positions on Selectmen' s Articles for Special Town Meeting (E.S. ) 2 . Report on Lead Problem (E. S. ) F. New Business 1. Consider Appointment of David Euick to Cohasset Common Historic District Commission (E. S. ) 2. Consider Appointment of Terry Duggan to Drug and Alcohol Committee (E. S. ) 3. Review and Approval of Professional Statements of: (a) Nucci Vine Associates (b) Tibbetts Engineering Corp. 1. June 1 - June 30 , 1992 2. August 1 - August 31, 1992 3. September 1 - September 30 , 1992 (E. S. ) 4. Consider Request of Chief John Nadeau to Fill Firefighter Vacancy (E.S. ) 5. Request of Permanent Firefighters Association for Copies of Executive Session Minutes (E. S. ) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board CORRESPONDENCE LIST November 2, 1992 1. Thomas and Theresa Littauer. Notice of hearing on repair of septic system at 268 Jerusalem Road, 10/28 by Board of Health. 2. John Dacey, Norfolk County Advisory Board. Memo re potential districting of County Commissioners, with enclosures. 3. Jeffrey Siena, MIIA. Bulletin re Workers ' Compensation Early Intervention Program. 4. Stephen Tocco, Mass Executive Office of Economic Affairs. Weld-Cellucci Economic Development Package. 5. Board of Assessors ' concern over the present situation with lead paint. 6 . George Mazareas, Mass Highway Department. Outdoor Advertising Board (OAB) - billboard permit information. 7 . Peter LePage, Continental Cablevision, re double pole removal. 8. Richard Henderson, Esquire, to Mary Gainor. Redrafts of the proposed changes to the By-laws. 9 . Virginia Ferenz. Letter of complaint. AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN November 9, 1992 TOWN HALL - SELECTMEN'S MEETING ROOM 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval Regular Meeting of November 2, 1992 D. Scheduled Items 7:35 p.m. Fritz Pfaffmann - Harbor By-law Article 7:40 p.m. Jacqueline Dormitzer - Downtown Walkway Issues 8:00 p.m. Request for Sunday Openings of Package Goods Stores from November 22, 1992 to New Years - PUBLIC HEARING Executive Session E. Old Business 1. Consider Approval of Revised Harbor Dredging Agreement with D.E.M. (E.S.) 2. Take Any Necessary Action Concerning With Richard, Inc. Hearing (E.S.) 3. Consider Fire Chief's Report on Ambulance Billing; Take Action Relative to Medicare Assignment; Ratify Ambulance Billing Policy F. New Business 1. Consider the Following Bid Awards: (a) Doane Street Culvert Replace- ment; (b) Group Life Insurance Bids (Tentative) (E.S.) 2. Review and Approval of Professional Statements of: (a) Certified Engineering & Testing Co. , Inc. ; (b) Richard A. Henderson (E.S.) 3. Consider Request of Town Accountant for Part-time Clerk Position (E.S.) 4. Consider Request of Board of Assessors for Scheduling of FY93 Classification Hearing (E.S.) 5. Reconfirm Charge and Makeup of Computer Study Committee (E.S.) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board j ds 11 9 92 MINUTES - MEETING OF BOARD OF SELECTMEN November 9, 1992 Selectmen present: Merle S. Brown Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: Yong S. Doucette - Mgr. , With Richard, Inc. Barry Colucci - Asst. Mgr., " John Pfaffmann - Harbor Committee Domenic M. Baccari - " Robert E. Martin, Jr. Francis J. Mitchell Peter J. Logan Andrew Hyler John E. Nadeau - Fire Chief Jacqueline M. Dormitzer - Village Renaissance Molly Hochkeppel - Patriot Ledger Mary Ford - Cohasset Mariner Robert V. Davenport - (volunteer for Cable T.V.) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. , Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of November 5, 1992, by Chairman warrants Goedecke and Selectmen Laugelle and Sullivan. Second by Mr. Laugelle. Vote 4 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of meeting of November Mins. mtg. 2, 1992, as amended. 11/2/92 Second by Mr. Laugelle. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to table the minutes of executive session Mins. exec. of November 2, 1992. sess. 11/2/92 tabled Second by Mr. Brown. Vote 4 - 0 in favor, none opposed. Disposition concerning last week's hearing concerning With Decision re Richard, Inc., was discussed. With Richard, Inc. e MINUTES - MEETING OF BOARD OF SELECTMEN November 9, 1992 Page 2 Motion of Mr. Laugelle to dismiss the complaint. Second by Mr. Brown. Further discussion followed. Vote 2 - 2, a tie, Mrs. Goedecke and Mr. Sullivan opposed. Motion of Mr. Brown to give a warning to With Richard, Inc. Second by Mr. Sullivan. Vote 3 - 1 in favor, Mr. Laugelle opposed. Mr. Pfaffmann discussed the Harbor By-law article to be presented Harbor By-Law to Special Town Meeting. He said the Harbor Committee was article for requested on May 20 by memorandum of the Executive Secretary to warrant of STM review the EPA request to change the Harbor By-law. Subsequently approved the committee met and with Town Counsel's help agreed to recommend a change in the By-law, although there has been a strong sentiment in the committee that home rule should prevail. The committee felt there was something for the Town to gain by changing the By-law to allow a fifteen-day grace period for both non-payment of mooring fees and failure to reaffirm. He said the Committee recommends to the Board a $100 fine for the mooring fee and $50 for failure to reaffirm. The committee also has agreed not to specify the fines in the warrant article so as to allow for adjustment of fees according to the situation. Mr. Laugelle objected to the assessment of fines. The Chairman said it is important to know what fines are being imposed because the question will be asked on the floor at Town Meeting. She said the Board is not prepared to vote on the matter of fines at this time, but only on whether or not to recommend the article. Motion of Mr. Brown to recommend the article for the changes in the Harbor By-law. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Ms. Dormitzer discussed with the Board plans of Village Village Renais- Renaissance to renovate the downtown walkway. She said David sance renov. Hassan has offered to donate a wooden sign and they would like to downtown walkway name it James Brook Walkway. She asked for the Board's approval approved and presented an architect's plan for the Board's inspection. MINUTES - MEETING OF BOARD OF SELECTMEN November 9, 1992 Page 3 Motion of Mr. Brown to approve use of the name James Brook Walkway. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Ms. Dormitzer said for security reasons permission is being sought to install lighting. Three lampposts are proposed and they would like to have a spotlight shining on the sign. She showed an example of the type of lamp being considered and indicated the positioning of the lampposts. Motion of Mr. Brown to approve the selection and location of three lampposts on the Town walkway. Second by Mr. Sullivan. Vote 3 - 0 in favor, Mr. Laugelle abstaining. A public hearing took place at 8:00 p.m. concerning request of Public hearing Curtis Liquors for Sunday openings of package goods stores during re Sunday open- the holiday season. The Chairman asked for comment from those in ings of package favor of the request. goods stores Andrew Hyler and Peter Logan of Curtis Liquors, and Robert Martin of the Chamber of Commerce spoke in favor. The Chairman asked for those in opposition. There were none. Motion of Mr. Laugelle to allow Sunday openings of package goods stores from November 22, 1992 until New Year's Day. Second by Mr. Brown. Vote 4 - 0 in favor, none opposed. Discussion concerning ambulance billing was resumed. Chief Ambulance bill- Nadeau reported that the Fire Department's billing clerk had ing policy talked with Medicare employees today and learned that effective approved October 28 Medicare has changed the reimbursement structure. They will approve up to $190 on the base rate, or 80% of the billed amount. He said the balance will be paid by other insurance. He told the Board that the Fire Department will continue first party billing but take an exception on Medicare. The Chairman said an extremely generous offer has been made by Joseph Buckley to assist with any paper work. Chief Nadeau said his recommendation now is to go to third party billing for i r _ !-2 MINUTES - MEETING OF BOARD OF SELECTMEN November 9, 1992 Page 4 Medicare and bill the patient, if necessary, for any balance. The Board discussed the proposal. Chief Nadeau made specific references to items in his draft policy which would be altered. Motion of Mr. Brown to accept the Chief's recommendation to go to third party billing for Medicare ambulance transports. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Chief Nadeau asked for permission to amend a contract with South Shore Hospital concerning ambulance transport of Medicare patients. The Chairman gave permission. The Board considered approval of the revised Harbor dredging Revised Harbor agreement. Mr. Doyon said the Town cannot get the second half dredging agree- payment for the dredging grant paid in this fiscal year and the ment approved bid exceeds the funds remaining. He said there is an agreement before the Board under his signature for an amended Harbor grant which would provide for splitting the cost $100,000 each year during FY83 and FY84, for which he seeks the Board's approval. Motion of Mr. Brown to approve the revised Harbor dredging agreement. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Bids for the Doane Street culvert replacement were discussed. Doane St. culvert Mr. Doyon said the low bidder is Jon B. D'Allesandro Corp. at replacement con- $130,221.72. He reported that the Massachusetts Highway tract awarded Department and Michael Delaney summarized the bids. His recommendation is to proceed to award the bid to the low bidder. From that point the matter will go to contract performance bonds and pre-construction conference. Construction will start in early December and forty-two days is estimated for the construction period. Motion of Mr. Brown to award the contract for the Doane Street culvert replacement to the low bidder, Jon B. D'Allesandro Corp. Second by Mr. Laugelle. Vote 4 - 0 in favor, none opposed. s MINUTES - MEETING OF BOARD OF SELECTMEN November 9, 1992 Page 5 Mr. Doyon requested tabling of action on group life insurance Group life ins. bids. bids tabled Motion of Mr. Sullivan to approve for payment the bills of Prof. bills Certified Engineering & Testing Company, Inc., in the respective amounts of $740 and $2,290, for lead testing at Town Hall to October 28, 1992. Second by Mr. Brown. Vote 4 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve for payment the bill of Richard A. Henderson, Town Counsel, for the period of October 1-31, 1992, in the amount of $4,147.50. Second by Mr. Brown. Mr. Brown said he wants on each attorney's bill as it comes in the balance remaining in the account. Mr. Doyon said the balance before paying Mr. Henderson's current bill is $38,427.50. Vote 4 - 0 in favor, none opposed. Request of the Town Accountant to fill a part-time clerk's Req. of Town Acct. position was considered. Mr. Doyon said the Town Accountant is for part-time clerk asking that the position be filled on a flexible schedule of from approved seventeen to twenty-four hours per week, which would enable him to keep track of his needs. The person hired would be guaranteed an average of twenty hours, to fluctuate according to need. Motion of Mr. Sullivan to grant the request of the Town Accountant for a part-time clerk. Second by Mr. Brown. Vote 4 - 0 in favor, none opposed. Request of the Board of Assessors to schedule a classification Classification hear- hearing was considered. ing scheduled, Bd. of Assessors Motion of Mr. Sullivan to approve the scheduling of the Board of Assessors' classification hearing for November 30, 1992, at 8:00 p.m. Second by Mr. Brown. ® Vote 4 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN November 9, 1992 Page 6 The matter of reconfirming the charge and makeup of the Computer Computer Study Study Committee was discussed. The Chairman suggested that Mr. Comm. disc. Brown work on a redrafting of the charge. The Chairman asked for a motion on the number of persons to serve on the committee. Motion of Mr. Sullivan that the Computer Study Committee be comprised of five persons, plus a designee from the School Department and the Town Accountant. Second by Mr. Brown. Vote 4 - 0 in favor, none opposed. The Executive Secretary reported: Exec. Secy's report More test results have been received on the lead clean-up. The count was under 120 in the Health Department and under 100 in the Sewer office. Some of the common areas are above the 200 level and the cleaner will be in again to clean those. One employee is not working. All office areas are clean except for one spot in the Town Clerk's office. Work is continuing in the Auditorium. As part of the contract the cleaning contractor has been asked to clean the Auditorium twice over. It does not appear he will be able to get it cleaned twice by Thursday for the Dramatic Club's dress rehearsal. The contractor has given assurance that a once-over cleaning will render it safe. The Dramatic Club will proceed with its play Friday and Saturday evenings. The Dramatic Club has scheduled its next performance in early December and is looking at alternative arrangements for that. An invitation was received today from South Shore Habitat to attend a fund raiser. They would like to have a volleyball shootout December 21 with teams of six to ten players at Cohasset High School. [End of report.] The Board commented on various matters. Other business The press and public were asked for comment. Press and public The Chairman asked for a motion to go into executive session to Exec. session discuss collective bargaining with the Library, pending litigation, and a Harbor matter, not to return to open session. J MINUTES - MEETING OF BOARD OF SELECTMEN November 9, 1992 Page 7 Motion of Mr. Brown to go into executive session for the above Exec. session purposes. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Goedecke - Aye Mr. Laugelle - Aye Mr. Sullivan - Aye. The Board went into executive session at 8:47 p.m. and did not return to open session. The meeting was adjourned in executive session. ACCEPTED: DATE: Execu dAe 46 CORRESPONDENCE LIST November 9 , 1992 1. Harbor Committee minutes for meeting of October 1, 1992 . 2. Cohasset Council on Aging Annual Report - November, 1992. 3. Diane Gould, Massachusetts Bays Program. Memo enclosing copy of booklet and summary. 4. Planning Board. Notice of public hearing, re Target Industries, Inc. 5. Gary McCabe, Massachusetts Department of Revenue, Division of Local Services. Notification of Preliminary Certification. 6. Mary Padula, Executive Office of Communities & Development, re 1993 CHAS Annual Plan & Performance Report. GJD:j ds 11 13 92 4 AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN November 16, 1992 AUDIO-VISUAL ROOM, COHASSET HIGH SCHOOL 7 :00 p.m. A. Attendance B. Treasury Warrants C. Minutes: Review and Approval -- Executive Session of November 2, 1992 (revised) Regular Meeting of November 9, 1992 Executive Session of November 9, 1992 D. Old Business: 1. Take positions on various Articles. (a) Article #7 - Proposed Library Agreement (b) Article #6 - Direct Deposit (c) Other (?) 2. Sign the following contracts: (a) Highway Sander (b) Doane Street Culvert (c) Ambulance Contract (sign only) (d) EOCD - Regional Fire District (sign only) E. New Business: 1. Consider Proclamations 2. Consider Group Life Insurance bids (tentative) GJD:jds 11 16 92 MINUTES - MEETING OF BOARD OF SELECTMEN November 16, 1992 AUDIO-VISUAL ROOM, COHASSET JUNIOR-SENIOR HIGH SCHOOL Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: Mary Ford - Cohasset Mariner Molly Hochkeppel - Patriot Ledger J. Michael Buckley, Jr. - Town Accountant Elizabeth B. Ripley - Treas./Collector (7:15 p.m. ) Richard A. Henderson - Town Counsel (7:25 p.m. ) Robert V. Davenport Gregory J. Doyon - Exec. Secretary The meeting was called to order at 7:00 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of November 12, 1992, by warrants Chairman Goedecke and Selectmen Brown and Sullivan. 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 November 2, 1992. sess. 11/2/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to approve the minutes of regular meeting Mins. reg. of November 9, 1992. sess. 11/9/92 Second by Mr. Laugelle. Vote 4 - 0 in favor, Mrs. Gjesteby abstaining. Motion of Mr. Brown to approve the minutes of executive session Mins. exec. of November 9, 1992. sess. 11/9/92 Second by Mr. Sullivan. Vote 4 - 0 in favor, Mrs. Gjesteby abstaining. Motion of Mr. Brown to approve the FY1992 and FY1993 through Approv. contract with C.L.A.S.S. MINUTES - MEETING OF BOARD OF SELECTMEN November 16, 1992 Page 2 FY1995 collective bargaining contract with C.L.A.S.S., the Library employee union. Second by Mr. Laugelle. Vote 4 - 1 in favor, Mrs. Gjesteby opposed. Motion of Mr. Brown to support Article #7 in the warrant for Art. #7, STM Special Town Meeting. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. The Board signed proclamations for William D. Weeks, Diane D. Proclamations Kornet, and Joseph M. Kealey. signed Executive Secretary Gregory Doyon advised the Board of the Exec. Secy`s upcoming pre-construction conference for the Doane Street culvert report and the pre-dredge conference for Cohasset Harbor. An update was provided on the status of the lead dust cleaning. Mr. Doyon indicated that the project was likely to go approximately $5,000 over budget, or more. Motion of Mr. Sullivan to authorize the expenditure of an Authoriz. for additional $7,000 for the lead dust clean-up. addl. expend. for lead dust Second by Mr. Laugelle. clean-up Vote 5 - 0 in favor, none opposed. Mrs. Ripley reported on an update of projected costs for direct Treas./Coll. deposit of employee paychecks. She presented a quote of $1,125 report of costs for one time computer programming charges and an estimated $4,867 for direct dep. in bank charges for processing, in addition to an estimated of employee pay- one-half of staff time each week preparing and delivering checks computer tape to the bank. It was recommended that a survey be done to measure the interest of Town employees in direct deposit. Motion of Mr. Brown to recommend indefinite postponment of Art. #16 STM Article #6. indef. p-poned Second by Mrs. Gjesteby. MINUTES - MEETING OF BOARD OF SELECTMEN November 16, 1992 Page 3 Vote 5 - 0 in favor, none opposed. Mrs. Ripley indicated that she is supporting Articles #16 and #17 Pos. of Treas./ concerning enforcing tax collections against businesses with Coll. on Arts. local licenses. She is aware of two licensees with unpaid taxes. #16 and #17 The Board agreed not to make a decision on the matter of late fines under Article #1, which proposes to amend the Harbor By-Law. Motion of Mr. Brown to adjourn. Adjourn Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The meeting was adjourned at 7:45 p.m. ACCEPTED: DATE:_ Ex cu ve S retary s 1 3 ti i 1 1 1 1 j i q i jds 11 12 92 CORRESPONDENCE LIST November 16, 1992 1. Minutes of meeting of Harbor Committee, November 5, 1992. 2. Secretary of State to Board of Selectmen commending Town Clerk for handling of recent election. 3. Notice to Construct/Repair Septic System on property of Brian R. Davis, 20 Chestnut Road, Hingham, at 26 Rocky Lane. 4. Memorandum from Paul DeCoste, MAPC re summary work program for grant. AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN November 23 , 1992 SELECTMEN' S MEETING ROOM - TOWN HALL 7: 30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of Regular Meeting of November 16 , 1992 D. Scheduled Items 7 : 35 p.m. Three (3) Petitions from New England Telephone for Proposed Underground Conduits 7 : 45 p.m. Mary McElroy - Computer Study Committee Applicant 7 : 50 p.m. Richard W. Swanborg Jr. - Computer Study Comm. Applicant 7: 55 p.m. Dorothea Parmenter - Registrar of Voters Applicant 8: 00 p.m. Executive Session E. Old Business 1. Redraft of Computer Study Committee Charge (Brown) F. New Business 1. Review and Approval of Professional Statement of Tibbetts Engineering Corp. (Doyon) 2. Consider Request of Kelli Calhoun to Use Sandy Beach Parking Lot (Doyon) 3 . Consider Award of Group Life Insurance Bids (Doyon) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board jds 11 23 92 MINUTES - MEETING OF BOARD OF SELECTMEN November 23, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle (at 7:47 p.m. ) Michael H. Sullivan Others present: Mary E. McElroy Veneta P. Roebuck - Conservation Comm'n. Paul P. Colandrea - NET&T Peter G. Laugelle - Tree & Park Supt. Dorothea Parmenter Ralph Harrison - Cohasset Pharmacy Robert E. Martin, Jr. - Chamber of Commerce Molly Hochkeppel - Patriot Ledger Mary Ford - Cohasset Mariner Robert V. Davenport - (Volunteer Cable T.V. ) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:32 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of November 19, 1992, by warrants Chairman Goedecke and Selectmen Brown, Gjesteby, Laugelle and Sullivan. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Motion of Mrs. Gjesteby to approve the minutes of meeting of Mins. mtg. November 16, 1992. 11/16/92 Second by Mr. Brown. Vote 4 - 0 in favor, none opposed. The Chairman said that Mr. Brown has submitted for approval a Re-draft of re-draft of the charge to the Computer Study Committee. charge to Computer Study Motion of Mr. Sullivan to accept the new charge to the Computer Comm. appvd. Study Committee as submitted. Second by Mrs. Gjesteby. a Vote 4 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN November 23, 1992 Page 2 Motion of Mr. Sullivan to approve for payment the bill of Prof. bill Tibbetts Engineering Corp. for the period October 1-31, 1992, on the Doane Street culvert replacement project, in the sum of $156.26. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed. Mr. Doyon presented a request of Kelli A. Calhoun, 2 Sheldon Req. to use Road, to use Sandy Beach parking lot on December 12, 1992, from Sandy Beach 5:00 p.m. to midnight. parking lot approved Motion of Mr. Sullivan to allow Kelli A. Calhoun to use Sandy Beach parking lot as requested. Second by Mrs. Gjesteby. Mrs. Gjesteby amended the motion to allow use of the Sandy Beach parking lot from 5:00 p.m. to 11:00 p.m. only, because the parking lot closes at 11:00 p.m. Second by Mr. Brown, as amended. Vote 4 - 0 in favor, none opposed. A public hearing was held at 7:35 p.m. on three petitions of the Public hearing, New England Telephone and Telegraph Company for two proposed NET&T re under- underground conduits at Route 3-A and one at King Street. Mr. ground conduits Colandrea made the presentation for the Telephone Company. He explained that they want to take out the old cables and replace them with new. Ms. Roebuck expressed concern regarding how much work would be done and the growth of vegetation at King Street which might impede visibility at the location. Mr. Colandrea explained the nature of the work to be carried out and said the Telephone Company will maintain the King Street location and work with the Town on any landscaping. Selectman Laugelle came into the meeting room at 7:47 p.m. Sel. Laugelle arrives Motion of Mr. Sullivan to approve the request of New England Telephone & Telegraph Company to install three underground conduits, two at Route 3-A and one at King Street, as submitted. Second by Mr. Brown. MINUTES - MEETING OF BOARD OF SELECTMEN November 23, 1992 Page 3 Vote 5 - 0 in favor, none opposed. Two applicants for the Computer Study Committee were interviewed. Approv. of two applicants to Mary McElroy, 59 Windy Hill Road, was introduced and furnished Computer Study her credentials. Comm. Richard Swanborg, 48 Nichols Road, was introduced and gave his background. Motion of Mr. Brown to appoint Mary E. McElroy and Richard W. Swanborg to the Computer Study Committee. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. The Chairman said they would like to have the consultant's advice by the time of Annual Town Meeting in March. Dorothea Parmenter, applicant to the Board of Registrars, was Appt. of Regis- introduced. The Chairman explained that, as required by law, the trar of Voters Republican Town Committee had submitted the names of three candidates. Mr. Doyon said all three were invited to be interviewed and the other two declined to serve because they felt Ms. Parmenter should be nominated. Motion of Mr. Brown to appoint Dorothea Parmenter as a Registrar of Voters. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Award of group life insurance bids was considered. Award of grouplife ins. bid Mr. Doyon said he had furnished a memorandum of five bids received by the Insurance Committee for group life insurance with a cost breakdown. The low bidder is Boston Mutual. He explained that the low bid is not the most important factor in deciding how to award the bid. The companies are rating retirees on an age basis which changes the concept of a group plan. That is the basis of the recommendation to go with Boston Mutual. It is an equitable group plan. He said Mr. Wakeman agrees with the recommendation to award to Boston Mutual. Motion of Mr. Laugelle to award the contract for group life MINUTES - MEETING OF BOARD OF SELECTMEN November 23, 1992 Page 4 insurance to Boston Mutual Life Insurance Company. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported: Report of Exec. Secy. He attended a conference in Williamstown last Thursday and Friday, which was a session on community policing and E-9-1-1. It is being said that all communities will be implemented by the summer of 19;9;5. Cohasset must complete its plan by July 1993. The major part of the work has been delegated to the Assessors' Office to update the master street guide. This is a holiday week and there is a memorandum from the Town Accountant relative to bills being turned in early. Signatures will be required for the warrants by tomorrow night. The schedule has been changed on submission of bills to Monday at 4:30 p.m. The Board was reminded that a pre-construction meeting on the Doane Street project will take place tomorrow at 10:00 a.m. [End of report. ] Mr. Brown said the Treasurer/Collector has asked to be appointed Appt. of Treas./ to the Computer Study Committee. Collector to Compu- ter Study Comm. Motion of Mr. Brown to appoint Elizabeth B. Ripley to the Computer Study Committee. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Brown discussed placement of a stop sign at the intersection Other business of Doane and Church Streets. The Chairman said the matter should be referred to the Safety Officer. Motion of Mr. Brown to request an opinion of the Safety Officer concerning placement of a stop sign at Doane and Church Streets. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. C MINUTES - MEETING OF BOARD OF SELECTMEN November 23, 1992 Page 5 Mrs. Gjesteby referred to a letter of Rev. John Gallop, 250 King Street, concerning speeding trucks on King Street. Motion of Mr. Brown to refer the matter of speeding on King Street to the Safety Officer. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Ralph Harrison of the Cohasset Pharmacy told the Board he wants parking restrictions changed from one hour to fifteen minutes in front of his location on South Main Street. He said people park there for three or four hours. The request was discussed. Mr. Martin said if the requirement is not going to be enforced it is not a good provision. The Chairman mentioned the cost of changing the signs. Mr. Harrison said he is willing to pay for the new signs. The Chairman said the Board will communicate with the Police Department to seriously enforce parking regulations in the downtown parking area and asked Mr. Harrison to let the Board know how it is working out. The press and public were asked for comment. Press and public Mr. Martill... said if the Board is going to get into the matter of parking in the Village something should be done about truck deliveries as well. The Chairman asked for a motion to go into executive session for Exec. session the purpose of discussing possible acquisition of property and the case of Egan v. Rosano. Motion of Mr. Laugelle to go into executive session for the above purposes, not to return to open session. Second by Mrs. Gjesteby. Mrs. Goedecke announced that she will not participate in the discussion concerning acquisition of property. Vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Laugelle - Aye Mr. Sullivan - Aye. MINUTES - MEETING OF BOARD OF SELECTMEN November 23, 1992 Page 6 The Board went into executive session at 8:48 p.m. and did not return to open session. The meeting was adjourned in executive session. ACCEPTED• f DATE• Ex u Sp6retary i '{ CORRESPONDENCE LIST November 23, 1992 1. L. Betty Stahl, MIIA, re change in ownership of Frank B. Hall. 2. Fire Chief John Nadeau to Andre Corbeau, South Shore Hospital, re Medicare' s change in their rate structure for all ambulance providers. 3. Drug and Alcohol Committee' s agenda for November 17, 1992. 4 . Gary McCabe, Massachusetts Department of Revenue, Division of Local Services, re Notification of Certification. 5. Zoning Board of Appeals. Disposition on the application of Brian Murphy for a Variance at 28 Otis Avenue. ----fir- _ l-- • 1-• 9/92 7. Zoning Board of Appeals. Disposition on the application of Joseph Laugelle for a Special Permit at 15 King Street. 8. Joseph Godzik, Board of Health. Letter of appreciation. 9 . Jo-An Levine, Hull Cultural Alliance. Literature re promotion of the arts on the South Shore. 10 . Wendy Copithorne, Continental Cablevision. Request for installation of modulator at Town Hall. 11. Richard Blake, Town of Scituate, to Susan Tierney, E.O.E.A. Letter sponsoring resumption of Greenbush Line to South Shore. 12. George Mello, Tibbetts Engineering Corp. Notice of pre- construction conference re Doane Street culvert, 11/24/92 at Cohasset Town Hall. 13 . Geoffrey Beckwith, MIIA, re nominations for MIIA Board members. 14 . Massachusetts Municipal Association. Bulletin re "The Mara Bill. " 15 . Michael Buckley, Town Accountant, re deadline for payment of bills. 16 . Reverend John Gallop. Concern re speeding on King Street. 17 . Department of Transportation, U. S. Coast Guard. Notice of proposed construction of the Old Colony Railroad bridge across Neponset River. © 18 . Peter Laugelle, Tree and Park Superintendent. Memo re unpaid bill listed in article for STM. AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN November 30 , 1992 SELECTMEN' S MEETING ROOM 7: 30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval 1. Regular Meeting of November 23 , 1992 2 . Executive Session of November 23, 1992 D. Scheduled Items 7 : 45 p.m. Application by Salt House, Inc. for a Wines and Malt Beverage License 8: 00 p.m. Classification Hearing 8 : 15 p.m. Application for Transfer of Liquor License from Victoria' s, Inc. to PKCP, Inc. d/b/a Victoria' s 8 : 30 p.m. Fire Chief - Hepatitis B Prevention Program; Status of Engine 22; Cal?. Recruit Appointments 9 : 00 p.m. Executive Session E. New Business 1. Discuss Budgetary Process and Timetable (Goedecke) 2. Consider Holiday Schedule (Doyon) 3. Resignation from Committee to Survey Structure and Functions of Town Government (Doyon) F. Executive Secretary - Update on Pending Matters G. Public and/or Press H. Other Business That May Properly Come Before the Board jds 11 30 92 MINUTES - MEETING OF BOARD OF SELECTMEN November 30, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: James W. Lagrotteria - Assessor Thomas S. Duggan - Assessor Joseph A. DiVito - Asst. Assessor/Appraiser Robert E. Martin, Jr. - Chamber of Commerce Francis J. Mitchell John Magliacci - Call Firefighter John R. Nadeau - Fire Chief Thomas S. Eisenstadt - Salt House, Inc. Mark Richard - Restaurant Mktg. Assoc. Christopher Kaltsas, Esq. - Atty. for PKCP, Inc. Peter Kostopoulos - PKCP, Inc. Chris Petridis - 11 " Victoria Forman - d/b/a Victoria's Molly Hochkeppel - Patriot Ledger Mary Ford - Cohasset Mariner Robert V. Davenport - (Cable T.V. volunteer) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:32 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the payroll warrant of November 25, 1992, by Chairman Goedecke warrants and Selectmen Brown, Gjesteby and Sullivan, and the bill warrant of the same date by Chairman Goedecke and Selectmen Gjesteby and Sullivan. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of meeting of November Mins. mtg. 23, 1992. 11/23/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to table approval of minutes of executive Mins. exec. session of November 23, 1992. sess. 11/23/92 tabled MINUTES - MEETING OF BOARD OF SELECTMEN November 30, 1992 Page 2 Second by Mrs. Gjesteby. Vote 4 - 0 in favor, none opposed, Mrs. Goedecke abstaining. The budgetary process and timetable was discussed. The Chairman Budget process said the Advisory Committee has set December 18, 1992, as the and timetable date by which budgets are to be submitted to the Board of discussed Selectmen. Instructions for preparing budgets were discussed, particular attention being given to those questions directed to departments under the Board's jurisdiction. The Board considered its future meeting schedule for December and agreed not to convene on December 28. At 7:50 p.m. a public hearing was held on the application of the Public hearing Salt House, Inc. for a Wine and Malt Beverages license. The re applic. of Chairman read aloud the formal notice of the meeting as it Salt House, Inc. appeared in the newspaper. Mr. Eisenstadt introduced Mr. for Wine & Malt Richard, President of Restaurant Marketing Associates. The Board Bev. license members questioned Mr. Eisenstadt concerning the general operation of his business and his plans for control of alcohol consumption on the premises. The Chairman asked for comments from those in favor of the granting of the license. Mr. Martin spoke in favor. The Chairman asked for those in opposition to the license. There was no one. Motion of Mr. Laugelle to take the matter of the application of Salt House, Inc. for a Wine and Malt Beverages license under advisement. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman said there would be a ruling on the matter by next week. At 8:15 p.m. a fiscal 1993 classification hearing was held on Classification request of the Board of Assessors. hearing re tax rate The Chairman read aloud the formal notice of hearing as it appeared in the newspaper. MINUTES - MEETING OF BOARD OF SELECTMEN November 30, 1992 Page 3 Mr. Lagrotteria said that the Board of Assessors had voted last month to set a single tax rate for the Town, explaining that the Board of Selectmen under Massachusetts General Laws has authority to set a single or double tax rate on commercial and residential property. He described the formula for establishing a tax rate and furnished the current percentages of taxation within the Town. Motion of Mr. Brown to set a single tax rate for residential and commercial property for FY93. Second by Mrs. Gjesteby. There was further discussion. Mr. Doyon said a residential factor of one should be set. Motion of Mr. Brown to amend his previous motion accordingly. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, as amended, none opposed. Hearing on an application for transfer of a liquor license from Public hearing Victoria's, Inc. to PKCP, Inc., doing business as Victoria's, re applic. for took place at 8:25 p.m. transfer of liq. lic. Victoria's The Chairman read aloud the formal notice of hearing as it Inc. to PKCP, Inc appeared in the newspaper. d/b/a Victoria's Christopher Kaltsas, Esq., attorney for PKCP, Inc. made the presentation, introduced the new owners, Messrs. Kostopoulos and Petridis, and furnished background information on both. He asked for transfer of the Common Victualler's and Beer and Wine licenses to the new corporation, stating that nothing new is intended other than ownership of the premises. The Chairman asked for those in favor of the transfer of the licenses. Mr. Martin spoke in favor. The Chairman asked for those opposed to the transfer. There was no one. Mr. Laugelle asked Ms. Forman why she was selling. She replied that the operation is too large and she needs more personal time. Motion of Mr. Laugelle to approve the transfer of the Common Victualler's and Beer and Wine license, as requested. MINUTES - MEETING OF BOARD OF SELECTMEN November 30, 1992 Page 4 Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Fire Chief John Nadeau addressed the Board concerning O.S.H.A. Fire Chief re regulations and the necessity to provide an exposure control plan immuniz. of relating to immunization of emergency care providers against HIV emerg. care and HBV. The Chairman asked if insurance would cover any of the workers against cost. The Chief replied that three career firefighters were HIV and HBV immunized through Bay State Health Care, but Bay State is no longer covering it. He reported a discussion with Dr. Godzik, Health Agent, who advised that he can arrange for the immunization at a lower cost than South Shore Hospital's quote of $237 per employee. He said the Town can purchase the vaccine through a federal program and nurses can administer it. The Chairman asked if the Chief is seeking approval to add the cost to his budget and the Chief said that he is. Motion of Mrs. Gjesteby that it is the sense of the Board for the Fire Chief to go forward and investigate costs of Hepatitis B immunization. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Chief Nadeau next discussed a problem with Engine 22 which he Fire Chief re said has been taken out of service due to numerous mechanical problems with failures. He said he cannot keep it in service because its use Engine 22 on a fire ground cannot be justified. Parts can be found but it is necessary to pay premium dollars for them as antiques. The mechanic has told him to expect to pay in excess of $1,000 for a water pump. On inquiry as to how necessary it is to keep the truck in service, the Chief explained how equipment is deployed for a fire. He said that reducing the fleet to two operating engines is not something he can recommend, as three engines are the minimum in a community the size of Cohasset. Call firefighter Magliacci verified the difficulty of getting parts for the truck. The Chairman explained that the Chief is asking for permission to start a committee to put together specifications, to include looking at the possibility of acquiring a used vehicle. She said this particular piece of equipment has been in the Capital Budget plan for some time and that committee should be heard from. Motion of Mr. Sullivan to further investigate the acquisition of MINUTES - MEETING OF BOARD OF SELECTMEN November 30, 1992 Page 5 a replacement piece of fire truck equipment and to set up a committee to start writing specifications. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Chief Nadeau reported to the Board that the new call firefighter Fire Chief re recruits are approaching conclusion of Phase One of the appt. of Call recruiting process. Three of the new recruits are enrolled in Firefighters the Firefighter One training program and are doing very well. They will finish December 17. The other seven candidates have completed CPR and First Responder courses. The recruits are John Pape (reinstatement), Mike Donovan, Peter Donovan, Robert Andrews, John Schiavo, Ray Sanbourne, Kathy Sanbourne, Phillip Pratt, Tom McKay and Robert Lindsey. He said the budget last year included funding to add seven firefighters, there are currently fourteen and he is authorized to go to twenty-one. The Chief asked to have all ten appointed, stating that he will assign them according to those who have completed the Firefighter One program first and those who have completed the CPR program later. He said he had promised he would try to get them equipment if they passed all instruction courses, and there is enough funding to outfit only seven. Mrs. Gjesteby suggested holding a fundraiser to get the cash for equipment. Motion of Mrs. Gjesteby to appoint all ten call firefighters, as recommended by the Fire Chief. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. The Chairman said the idea of a fundraiser should be pursued, if it is feasible. Motion of Mr. Laugelle to ask for a transfer from the Reserve Authoriz. of Fund of $3,820 to buy equipment for the new recruits and to try transfer from Res. to raise the money to reimburse the Town later. Fund for equip. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. The Chairman said if permission to transfer the money cannot be 11b MINUTES - MEETING OF BOARD OF SELECTMEN November 30, 1992 Page 6 obtained, the amount required should be put in the budget for next year. A holiday schedule for Town employees was discussed. Mr. Doyon Holiday schedule suggested that Town offices be closed at 1:00 p.m. on Christmas set for Town Eve and New Year's Eve (both Thursdays) at 4:30 p.m. employees Motion of Mr. Laugelle to approve a holiday schedule for Town employees as discussed. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. A resignation from the Committee to Survey the Structure and Accept. resig. Functions of Town Government was acknowledged. from Comm. to Survey Struc. and Motion of Mr. Laugelle to accept the resignation of Patricia G. Func. of Town Facey from the Committee to Survey Structure and Functions of Govt. Town Government, with regrets. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported as follows: Exec. Secy's report A letter was received from Amy Roebu k regarding the project at the intersection of King and BeecMAXeets. She submitted a bill for $95.47, leaving a balance of $83.55 in the budget. Ms. Roebuck has asked to have the balance transferred to a special savings account, to which donations may be deposited for further plantings. The Town Accountant has recommended the plan. [Motion of Mr. Laugelle to approve the bill of Amy Roebuck for Authoriz. to pay payment and to allow the balance in the budget to be transferred bill re inter- to a special savings account. section of King and Beechwood [Second by Mrs. Gjesteby. Sts. and to set up spec. say. a/c [Vote 5 - 0 in favor, none opposed. ] The Board was asked to sign a Chapter 90 reimbursement form Exec. Secy's showing an expenditure of $96,565.56 to date. report (cont'd.) A pre-construction conference was held on the Doane Street culvert replacement last week. Fire protection concerns in the MINUTES - MEETING OF BOARD OF SELECTMEN November 30, 1992 Page 7 area of construction were discussed. Wompatuck State Park officials in Hingham were contacted to make sure the area could be accessed north of the cul-de-sac. Turning radius of the bypass road for the fire trucks was determined not to be a problem. Concerns were expressed about rainfall and the adequacy of the temporary culvert to handle winter flow. There will be one more site visit when the area is marked out prior to construction. [End of report.] The Board members commented on various matters. Other business Mr. Brown asked to have the Straits Pond Committee come in and discuss the midge problem. He said someone from Hull should be invited as well. He proposed the matter for a future agenda. Motion of Mr. Brown to set up a meeting with the Straits Pond Committee. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. The Chairman asked Mr. Laugelle and Mr. Brown to look into traffic problems in the Village to find out what the issues are and how to resolve them. The press and public were asked for comment. Press and public The Chairman asked for a motion to go into executive session to Exec. session review the minutes of last week's executive session and to discuss strategy on potential litigation, not to return to open meeting. Motion of Mr. Laugelle to go into executive session for the above purposes. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Laugelle - Aye Mr. Sullivan - Aye. C MINUTES - MEETING OF BOARD OF SELECTMEN November 30, 1992 Page 8 The Board went into executive session at 9:45 p.m. and did not return to open session. ACCEPTED: G DATE: Exec i Secre ry CORRESPONDENCE LIST November 30 , 1992 1. Mibhael Buckley, Town Accountant. Memo to all department heads, Boards and Committees, re new Computer Study Committee. 2 . Marjorie Davis, Metropolitan Area Planning Council. Bulletin enclosing resolution on policy re 1993 Transport Improvement Program. 3. South Shore Regional School District. FY94 budget meeting schedule. 4 . Marjorie Cook, Bay State Health Care. Letter enclosing bulletins re senior plan. 5. Richard Barrow, Recreation Commission, re fence damage at the Beechwood Fallfield. 6. Zoning Board of Appeals. Decision notice for a Special Permit on the application of Richard W. and Cathy M. Sears, 17 Deep Run. 7 . David Vine, Nucci Vine Associates, re Cohasset Cove dredging. 8 . Mass Department of Revenue, Division on Local Services. Bulletin - Summary of 1992 municipal law changes. 9. James Tobin, Chairman, Town of Hull, re Straits Pond study. AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN DECEMBER 7, 1992 SELECTMEN'S MEETING ROOM, TOWN HALL 7:30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval 1. Regular Meeting of November 30, 1992 2. Executive Session of November 30, 1992 3. Executive Session of November 23, 1992 D. Scheduled Items 7:35 p.m. Lanci Valentine - Request Use of Common for Annual Art Festival 7:45 p.m. Edward Sopneski - Change of Manager - The Chart House 8:00 p.m. Rhonda Myers- Request Approval of Traffic Plan for First Night Celebration 8:30 p.m. Executive Session E. Old Business 1. Consider Application of Salt House, Inc. for Wines and Malt Beverages License F. New Business 1. Consider Taking Position on Old Colony Railroad (Board) 2. Consider Two Step Rate Increases of Police Department (Doyon) 3. License Renewals (Doyon) 4. Consider Appointment of Acting Police Chief for Period January 1, 1993 to February 28, 1993 5. Request for Transfer from The Reserve Fund - Town Accountant (Doyon) 6. Budget Reviews - Miscellaneous Selectmen's Budget (Doyon) 7. Review and Approval of Professional Statement of Richard Henderson (Doyon) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board jds 12 7 92 MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle (7:32 p.m. ) Michael H. Sullivan Others present: Robert E. Martin, Jr. Edward A. Sopneski - Mgr., Chart House Glenn A. Pratt - Coh. Comm. Ctr. Rhonda Myers - " 11 " Peter G. Laugelle - Tree & Park Supt. J. Michael Buckley, Jr. - Town Accountant Francis J. Mitchell Lanci Valentine - So. Shore Art Ctr. Molly Hochkeppel - Patriot Ledger Jeff Cutler - Cohasset Mariner Robert V. Davenport - (Cable T.V. volunteer) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of December 3, 1992, by Chairman warrants Goedecke and Selectmen Brown, Gjesteby, Laugelle and Sullivan. Second by Mr. Sullivan. Vote 4 - 0 in favor, none opposed. Mr. Laugelle came into the meeting room at 7:32 p.m. Motion of Mr. Brown to approve the minutes of November 30, 1992, Mins. mtg. as amended. 11/30/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of executive session Mins. exec. of November 30, 1992. sess. 11/30/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman said a question has been raised about the Clarif. of announcement of last week's executive session. Instead of reason for exec. sess. of 11/30/92 MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 2 stating that the meeting was for the purpose of discussing potential litigation, it should have been explained that it was to discuss potential litigation concerning a painting contract. Motion of Mrs. Gjesteby to pay Paul Gentile Painting Co., Inc., Vote to pay an amount equal to one-quarter of the total contract price for Paul Gentile the re-painting of Old Town Hall, or $2,996.25. Painting Co. , Inc. in part Second by Mr. Laugelle. re Old Town Hall Vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Laugelle - Aye Mr. Sullivan - Aye. A member of the press questioned when the work would recommence. The Chairman asked Mr. Doyon, who replied that the contractor did not want to finish the job this winter because the weather is marginal and also due to the cost of setting up staging. The Chairman said the question is whether the painting can be held off until spring because the contractor would prefer not to put up staging both now and again in the spring. The Board members discussed the relative merits of waiting. Motion of Mr. Sullivan to wait until the weather is appropriate Vote re commence- to paint the building and then complete it in its entirety. ment of painting work There was no second to the motion. Motion of Mr. Brown that the contractor do the best he can on warm days in December and get the building sealed in. Second by Mr. Laugelle. Vote 3 - 2 opposed, Mr. Laugelle and Mr. Brown in favor. Motion of Mr. Sullivan to commence painting of the Town Hall when the weather breaks in the spring and that the Selectmen, Building Inspector, and contractor agree as to the time it should be done. 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 November 23, 1992. sess. 11/23/92 MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 3 Second by Mr. Brown. Vote 4 - 0 in favor, Mrs. Goedecke abstaining. Lanci Valentine presented a request of the South Shore Art Center Req. of So. Sh. for use of the Town Common for the Annual Art Festival. Art Center to use Town Common Motion of Mr. Brown to approve the use of the Town Common by the South Shore Art Center on July 18-20, 1993, for its 38th Annual Art Festival. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Mr. Sopneski, new general manager of The Chart House, presented a Approv. of change form of request for change of manager. of mgr. , The Chart House Motion of Mr. Laugelle to approve the change of manager of Chart House, Inc. d/b/a The Chart House, to Edward A. Sopneski. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman announced receipt of a fax transmission today from Decision re appl. Mr. Eisenstadt, applicant for a malt and wine beverages license for malt and wine for the Olde Salt House, requesting that the decision period be lic. for Olde prolonged, specifically in order to deal with questions raised by Salt House tabled the Sewer Commission having to do with water flow. Mr. Eisenstadt indicated he wants to meet with the Sewer Commissioners before he returns to the Board. The Chairman read aloud a letter from Captain Trask of the Fire Department to the effect that there is a problem with the fuel standpipe at the location, which does not meet specifications of the Fire Code. Motion of Mr. Brown to table the matter. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Town Accountant presented a request for a transfer from the Approv. of req. Reserve fund. for trans. from Reserve Fund, Mr. Buckley explained that he is hiring the temporary worker and Town Acct. the transfer will settle the matter of the bill with Office MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 4 Specialists. He also said there will be money left in the spring from the payroll to go back into the Reserve Fund. Mr. Laugelle wanted to know the hiring rate, which Mr. Buckley replied is the entry rate of $7.92 an hour. The Chairman said he should submit a memorandum stating the rate at which the employee will start. Motion of Mr. Brown to approve the request of the Town Accountant to transfer $1,206.95 from the Reserve Fund for this purpose. Second by Mr. Sullivan and Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Ms. Myers of the Community Center circulated among the Board Req. of Comm. Ctr. members a schedule of events for a planned First Night to use Town Hall celebration on December 31, and requested use of the Town Hall Auditorium Auditorium for the event. Motion of Mr. Sullivan to allow the Community Center to use the Town Hall Auditorium on December 31, 1992, from 6:00 to 9:00 p.m. Second by Mrs. Gjesteby. Mr. Doyon raised the question of custodial services at $16 an hour for a three-hour minimum, adding that if the custodian cannot be available someone will have to be hired for the purpose. Ms. Myers indicated this to be agreeable. Vote 5 - 0 in favor, none opposed. Mr. Doyon stated that the Community Center is also asking for a Req, of Comm. Ctr. parking ban on certain streets. The Chairman named the areas for parking ban sought to be blocked off to traffic for the occasion. Ms. Myers for First Night said the request is at the suggestion of the Police and Fire celebration Chiefs. Mr. Laugelle wanted it put in writing. Mr. Brown added that the communication should be from the Police and Fire Chiefs. Motion of Mr. Sullivan to approve the request as submitted, pending notification from the Police and Fire Chiefs. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Pratt said power is needed on the Common side of Main Street Req. of Comm. Ctr. and the Community Center would like permission to tie into the to use Town elec. meter boxes behind the Honor Roll. for First Night celebration a MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 5 Motion of Mr. Laugelle to grant permission, under the supervision of the Wire Superintendent. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman announced that the Board has been asked to take a Vote re return position of the matter of the return of the Old Colony Railroad of OCRR to the South Shore. Motion of Mr. Laugelle that the railroad not be encouraged to come through the Town. Second by Mr. Brown. Vote 3 - 2 opposed, Mr. Laugelle and Mr. Brown in favor. Step rate increases for two Police Department patrolmen were Step rate incr. considered. approv. for Police Dept. (2) Motion of Mrs. Gjesteby to approve a step rate increase for Shellee L. Peters from Pay Group PS-9, Step 1 @$29,322 to Pay Group PS-9, Step 2 @$29,965, and for Thomas 0. DaSilva from Pay Group PS-9, minimum @$28,683 to PS-9, Step 1 @$29,322. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Motion of Mr. Sullivan to pursue instituting a requirement that every employee of the Town have an annual written review. Second by Mrs. Gjesteby, who made the amendment that legal counsel should be consulted first. There was no vote taken. The Chairman acknowledged that it is the sense of the meeting to pursue this, if it is legally permissible. License renewals for 1993 were considered. License renewals for 1993 appvd. Motion of Mr. Laugelle to approve the following license renewals for 1993: f B MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 6 LIQUOR LICENSEES: Chart House, Inc. d/b/a The Chart House 380 Corporation d/b/a Cohasset Plaza Liquors Curtis Liquor Stores, Inc. Liquors Unlimited, Inc. Log & Line, Inc. Papa Gino's Acquisition Corp. Sea 'N Cheese Victoria's COMMON VICTUALLER LICENSEES: Bergson Ice Cream & Food Shops, Inc. Chart House, Inc. d/b/a The Chart House Cohasset Donuts, Inc. d/b/a Dunkin' Donuts Cohasset Pizza House French Memories Bakery J. B. Donuts, Inc. d/b/a Dunkin' Donuts Log & Line, Inc. Papa Gino's Acquisition Corp. Sea 'N Cheese Strawberry Parfait Victoria's ENTERTAINMENT LICENSEES: Chart House, Inc. d/b/a The Chart House Cohasset Pizza House Papa Gino's Acquisition Corp. TAXI LIMOUSINE LICENSEES: Joseph M. McMath d/b/a Cohasset Taxi-Limo. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Chairman read aloud a memorandum from the Police Chief Appt. of Acting stating that his last day of employment will be December 31, Police Chiefs 1992, and advising rotation of the Acting Chief's position among after 12/31/92 three Sergeants until his successor is chosen. Motion of Mr. Laugelle to rotate the position of Acting Police Chief among Sergeants Abbadessa, Noonan and Jackson, in that order, for approximately three weeks each, until selection of a MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 7 new Police Chief. Second by Mrs. Gjesteby. Mr. Doyon said the schedule for the Sergeants as Acting Chiefs will terminate on the target date of March 1. Vote 5 - 0 in favor, none opposed. The following Selectmen's Department budgets for FY1994 were FY94 budgets acted upon: approved (1) Department #119 - Weights and Measures - $1,025. Motion of Mr. Laugelle to approve the budget for Department #119. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. (2) Department #131 - Civil Defense - $250. Motion of Mr. Laugelle to approve the budget for Department #131. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. (3) Department #481 - Historical Commission - $100. Motion of Mr. Sullivan to approve the budget for Department #481. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. (4) Department #112 - Shellfish Constable - $720. Motion of Mr. Brown to approve the budget for Department #112. Second by Mr. Sullivan. Vote 4 - 0 in favor, Mr. Laugelle abstaining. (5) Department #580 - Handicapped Commission - $125. Motion of Mr. Sullivan to approve the budget for Department #580. <'r' MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 8 Second by Mr. Laugelle. FY94 budgets (cont d.) Vote 5 - 0 in favor, none opposed. (6) Department #482 - Common Historic District Commission - $200. Motion of Mr. Sullivan to approve the budget for Department #482. Second by Mrs. Gjesteby and Mr. Laugelle. Vote 5 - 0 in favor, none opposed. (7) Department #483 - Town Archivist - $500. Motion of Mr. Brown to approve the budget for Department #482. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. (8) Department #551 - Veterans' Services - $6,800. Motion of Mr. Laugelle to approve the budget for Department #551. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. (9) Department #643 - Celebrations - $1,700. Motion of Mr. Laugelle to approve the budget for Department #643. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. (10) Department #300 - Highway/Street & Traffic Lights-$55,000. Motion of Mrs. Gjesteby to approve the budget for Department #300. Second by Mr. Brown and Mr. Sullivan. Vote 4 - 0 in favor, Mr. Laugelle abstaining. Motion of Mr. Sullivan to approve for payment the bill for z MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 9 Town Counsel Richard A. Henderson for the period 11/1-11/30/92, Prof. bill in the sum of $3,338.50. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported: Exec. Secy's report With regard to the lead paint cleanup, the company will return shortly after the December 13th performance of the Cohasset Dramatic Club and clean the stage area, to get it to the 200 level. Cost to date is under $32,000, total cost to be $34,000. Certified Engineering is still owed $2,070 for tests performed and not yet billed. They have provided another proposal for the final testing for the stage area and material used in cleanup which is still stored on the premises, and how it can be disposed of. The bottom line is $33,945; the Board has authorized expenditure of $32,000 to date. Authorization is required for an additional $2,000. Y [Motion of Mr. Sullivan to authorize transfer from the Reserve Vote to authorize Fund of an additional $2,000. transfer from Res. Fund for [Second by Mrs. Gjesteby. addl. cost lead paint contamina- [Vote 5 - 0 in favor, none opposed. ] tion i Signed contracts, insurance certificates, and performance bonds have been received on both the Doane Street culvert and Harbor dredging projects, and notice has been given to both contractors. There will be one more informal meeting in the field on Doane Street to mark out the work area. A letter was received from Tibbetts Engineering today which indicates they have investigated all problems aired at the pre-construction conference, and all have been addressed. On the dredging contract, notice was received today that the Army Corps of Engineers is objecting to ledge removal in back of The Chart House, which can be removed only to specified levels. [End of report. ] The Board commented on various matters. Other business The press and public were asked to comment. Press and public MINUTES - MEETING OF BOARD OF SELECTMEN December 7, 1992 Page 10 The Chairman asked for a vote to go into executive session to Exec. session discuss a labor matter with the Konohasset Clerical and Custodial Association, not to return to open session. Motion of Mr. Laugelle 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. Laugelle - Aye Mr. Sullivan - Aye. Mr. Laugelle inquired if a matter of land taking by eminent domain could be discussed in executive session. Counsel advised only if price was going to be discussed. Mr. Laugelle said it would be discussed. The Board went into executive session at 9:07 p.m. and did not return to open session. The meeting was adjourned in executive session. ACCEPTED: r DATE: l F" Execu e "S--ft'etaref CORRESPONDENCE LIST December 7, 1992 1. Animal Control Department. Total hours worked for week ending 11/20/92 - 14 hours. 2. Animal Control Department. Total hours worked for week ending 11/13/92 - 12 hours. 3. Anne Gorham Barnes to Planning Board. Resignation as of January 1, 1993. 4. Bob Fultz, Mass Coastal Zone Management, EOEA. Memo re Beach Management Symposium II, Dune Building/Stabilization. 5. Edward Guild, Sewer Commission to Neil Churchill, Division of Marine Fisheries, re completed questionnaire on wastewater collection and treatment. 6. Marjorie Davis, M.A.P.C. Memo re transportation funds and projects. 7. Michael Buckley, Town Accountant. Position for part-time clerk has been filled starting December 14. + 3z AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN December 14 , 1992 SELECTMEN' S MEETING ROOM - TOWN HALL 7: 30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval 1. Regular Meeting of December 7 , 1992 2. Executive Session of December 7 , 1992 D. Scheduled Items 7: 35 p.m. Jeffrey Donze - Harbor Committee Applicant 7 : 40 p.m. Ronald Massa - Harbor Committee Applicant 7: 45 p.m. Gail Parks - Harbor Committee Applicant 7 : 50 p.m. Keith Townsend - Harbor Committee Applicant 8: 00 p.m. James Tobin - Straits Pond Proposal E. Old Business 1. Consider Various License Renewals (Doyon) 2. Report of Sub-committee on Downtown Crosswalks (Gjesteby & Sullivan) 3 . Request of Fire Chief for Local Preference Hiring List (Doyon) 4 . Budget Reviews F. New Business 1. Consider Request for Removal of Harbor Committee Member (Doyon) 2 . Consider Declaring Open Enrollment on Group Life Insurance (Doyon) 3 . Consider Authorizing Delivery of Bates Building Deed Subject to Condominium Document Preparation (Doyon) 4 . Consider Set-up of Ad Hoc Committee to Revise Personnel By-law (Board) 5. Consider Payment of Legal Invoice of Sewer Commission 6 . Request Army Corps of Engineers for Modification of Harbor Dredging Plans (Doyon) G. Executive Secretary - Update on Pending Matters H. Public and/or Press QI. Other Business That May Properly Come Before the Board MINUTES - MEETING OF BOARD OF SELECTMEN December 14, 1992 Selectmen Present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others Present: Robert E. Martin, Jr. Robert V. Davenport - Cable T. V. volunteer John Pfaffman Ronald Massa Keith Townsend Jeffrey Donze Gail Parks John Bertolomi Mary Ford - Cohasset Mariner Molly Hochkeppel - Patriot Ledger Paul Laugelle - Cohasset Police Association John Bryant - Conservation Commission J. Anson Whealler - Straits Pond Committee Francis Mitchell James Tobin Timothy Anderson Gregory J. Doyon - Executive Secretary The meeting was called to order at 7:30 p.m. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of December 10, 1992 by Chair- Warrants man Goedecke and Selectmen Brown, Gjesteby, and Laugelle. Second by Mrs. Gjesteby. Vote 5-0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of December 7, 1992 Mins. mtg. as amended. 12/7/92 Second by Mr. Sullivan. Vote 5-0 in favor, none opposed. Motion of Mrs. Gjesteby to approve the minutes of the executive Mins. exec. session of December 7, 1992. sess. 12/7/92 Second by Mr. Sullivan. Vote 5-0 in favor, none opposed. Harbor Committee Chairman, Fritz Pfaffman, introduced John Harbor Comm. Bertolami, Vice Chairman of the Committee and reiterated the member request as noted in Peter Wood's letter to remove Jack Silvia, Jr. from the Committee for failure to attend four consecutive meetings. In response to an inquiry from Selectman Laugelle, Mr. Pfaffmann ad- vised the Board that Mr. Silvia has told Peter Wood that he resigned from the Committee, but will not write or sign a letter. Selectman Laugelle stated that he wanted to speak with Mr. Silvia, and the Board agreed to place the matter on a future agenda. i MINUTES - MEETING OF BOARD OF SELECTMEN December 14, 1992 Page 2 The Board proceeded to interview Jeffrey Donze, Ronald Massa, Harbor Comm Gail Parks, and Keith Townsend - all applicants for the Harbor interviews Committee. Motion of Mr. Laugelle to take the appointment under advisement. Second by Mrs. Gjesteby Vote 5-0 in favor, none opposed. Mr. Doyon indicated that with the award of the Group Life Insurance Group Life Ins. contract to Boston Mutual for the next three (3) years, that it was open enrollment now an appropriate time to open enrollment for those individuals who may not have signed up initially when they became employees. He recommended the month of January as the open enrollment period. Motion of Mr. Brown to declare an open enrollment period for Group Life Insurance. Second by Mrs. Gjesteby Vote 5-0 in favor, none opposed. James Tobin and Timothy Anderson representing the Town of Hull ad- Straits Pond vised the Board of the status of the Straits Pond midge study. They midge study hope to continue the study for a second year. The Town of Hull seeks $5,000 each from Hingham and Cohasset with this funding to be matched by the Brook Foundation.High School students and teachers from all three towns have been involved, and the Cohasset Water Department has assisted with water sampling. They hope to build midge traps and to increase the pond salinity by making the sluice gates automatic. Mr. Anderson said that it was hoped that the project could be expanded to include the Weir River. John Bryant of the Conservation Commission indicated that automating the sluice gates to increase thesalinity of the pond would require at least filing for a Determination of Applicability with the Conservation Commission. Motion of Mr. Brown to approve the expenditure of $4000 towards the Straits Pond project. Second by Mrs. Gjesteby. Vote 5-0 in favor, none opposed. Mr. Doyon reported that the Fire Department had found some violations License renewals in a number of the licensees, and usggested that the Board vote to for 1993 appvd. renew the licenses, subject to the Fire Chief's approval. Motion of Mrs. Gjesteby to approve the following licenses subject to the Fire Chief's approval: a 4 MINUTES - MEETING OF BOARD OF SELECTMEN December 14, 1992 Page 3 LIQUOR LICENSEES: Cohasset Golf Club Kimball's By-the-Sea Ko Ko Island Restaurant George H. Mealy Post No. 118, The American Legion, Inc. The 1704 Inn, Ltd. , d/b/a Red Lion Inn With Richard, Inc. COMMON VICTUALLER LICENSEES: Cohasset Golf Club Kimball's By-the-Sea Ko Ko Island Restaurant George H. Mealy Post Nth. 118, The American Legion, Inc. The 1704 Inn, Ltd. , d/b/a Red Lion Inn With Richard, Inc. J. J. 's Dairy Hut Salt House ENTERTAINMENT LICENSEES: George H. Mealy Post No. 118, The American Legion, Inc. Ko Ko Island Restaurant Kimball's By-the-Sea Cohasset Golf Club MOTOR VEHICLE DEALER LICENSEES: Autohaus, Inc. Spensley Chevrolet, Inc. Cohasset Imports LIMOUSINE LICENSEE: George A. Dunlap Second by Mr. Brown. Vote 5-0 in favor, none opposed. Mr. Sullivan reported that arrangements are being made to paint Downtown signs two additional crosswalks, and that the Stop for Pedestrian signs were on order. A public awareness program will be started to educate motorists. Mrs. Goedecke read memorandum from the Fire Chief which advised the Firefighter Board that no candidates on the Civil Service re-hire list had signed vacancy/Civil up to fill the firefighter vacancy. The Chief recommends that the Service re-hire Board request a local preference list. list Motion by Mr. Laugelle that the Board request a local preference list. Second by Mr. Brown �36 MINUTES - MEETING OF BOARD OF SELECTMEN December 14, 1992 Page 4 Vote 5-0 in favor, none opposed. Mr. Doyon reviewed several FY1994 budgets with the Board. FY1994 budgets Motion of Mrs. Gjesteby to approve the Unclassified budget in the amount of $17,950. Second by Mr. Sullivan Vote 5-0 in favor, none opposed. Motion of Mr. Brown to have a sub-committee on the West Corner West Corner Fire Fire Station. Station sub-comm. Second by Mr. Sullivan Vote 5-0 in favor, none opposed. Mrs.Gjesteby and Mr. Brown to constitute the sub-committee. Motion of Mrs. Gjesteby to approve the Town buildings budget in the amount of $200. Second by Mr. Sullivan Vote 5-0 in favor, none opposed. Motion of Mrs. Gjesteby to approve the Personnel Committee's budget in the amount of $250. Second by Mr. Laugelle Vote 5-0 in favor, none opposed. Motion of Mrs. Gjesteby to approve the Town Reports budget in the amount of $8,200. Second by Mr. Brown Vote 5-0 in favor, none opposed. Motion of Mr. Brown to approve the Parking Clerk's budget in the amount of $2200. Second by Mrs. Gjesteby Vote 5-0 in favor, none opposed. No action was taken on Personnel By-law item as the Committee has indicated its willingness to prepare revisions to the by-law. Motion of Mr. Brown to approve the payment of $201.90 to Goodwin, Payment of legal Procter & Hoar for legal services during the month of October. services Second by Mrs. Gjesteby Vote 5-0 in favor, none opposed. Mr. Doyon reported that the Army Corps of Engineers wants to modify Army Corps of the Town's dredging permit to allow removal of ledge behind The Chart Engineers re House only to -2 feet below the Mean Low Water mark. Mr. Brown ex- dredging MINUTES - MEETING OF BOARD OF SELECTMEN December 14, 1992 Page 5 pressed concern that the ledge would not be visible and more of a hazard if not marked. Motion of Mr. Laugelle to approve the modification so as not to jeopardize the project. Second by Mr. Brown Vote 5-0 in favor, none opposed. Paul Laugelle, representing the Cohasset Police Association, Paul Laugelle, questioned the Board as to the status of the hand gun trade- Cohasset Police ins. He presented the Board with a copy of the Association's Association articles on incorporation. On another matter, he indicated that the Association was pre- senting a grievance under Step 1 of the procedure relative to the appointing of Acting Chiefs. The Acting Chiefs would be required to work their usual shift. No action was taken pending a review of the contract. Mr. Doyon corrected statements he made earlier relative to code Executive Secy's violations at various licensees. report Department Heads, employees, and volunteers were thanked for their work during the storm. Eastern Edison was commended for assisting with downed power lines. Damage estimated at $50,000. The Board reported on various matters. Other business Motion of Mr. Brown to authorize delivery of a Bates Building Bates Building deed to South Shore Habitat. deed Second by Mr. Sullivan Vote 5-0 in favor, none opposed. Motion by Mr. Sullivan to adjourn. Adjourn Second by Mr. Brown Vote 5-0 in favor, none opposed. ACCEPTED: 6!/7 _._----DATE: 13 a- CORRESPONDENCE LIST December 14 , 1992 (W 1. Nevs Release re Army Corps of Engineers. 2. Richard Silviera, Tibbetts Engineering Corp. Reply to questions raised at pre-construction conference re Doane St. Culvert Re- placement. 3. Joseph Hayes, Continental Cablevision. Information regarding new Federal cable law. 4 . George Mello, Tibbetts Engineering Corp. , re pre-construction agreement issues re Doane Street Culvert Replacement. 5 . Paul DeCoste, Metropolitan Area Planning Council. Notice of meeting of South Shore Equipment Sharing Task Force. 6 . R. E. Martin, Jr. , Cohasset Chamber of Commerce, re enforcement of parking regulations. 7 . Harbor Committee minutes of December 3 , 1992. 8. Thomas Eisenstadt, re Olde Salt House application for wines and malt beverages license. 9. Drug and Alcohol Committee minutes of October 13, 1992 and agenda for meeting of December 16 , 1992 . 10. Massachusetts Bay Transportation Authority. Fiscal Year Budget 1994 (begins July ' 93) . 11. Animal Control Department. Total hours worked for week ending 11/27/92 - 12 hours. 12 . Animal Control Department. Total hours worked for week ending 12/4/92 - 912 hours . 13. Jeffrey Thayer, re Village parking. i ?`r AGENDA - REGULAR MEETING OF THE BOARD OF SELECTMEN December 21, 1992 SELECTMEN' S MEETING ROOM - TOWN HALL 7: 30 p.m. A. Attendance B. Treasury Warrants C. Minutes Review and Approval of Regular Meeting of December 14 , 1992 D. Scheduled Items 7 : 30 p.m. Daniel Nussdorfer - Computer Study Committee Applicant 7: 35 p.m. Petition from Eastern Edison for One (1) Proposed Joint Pole Location on Lambert' s Lane 7 : 45 p.m. Michael Buckley - Town Accountant Budget 8 : 00 p.m. Council on Aging Budget (Tentative) Executive Session ' E. Old Business 1. Consider Appointment to Harbor Committee (Board) 2 . Consider Request by Multiple Sclerosis Society for Use of Sandy Beach Parking Lot re National Walk March 28 , 1993 3 . Review Selectmen' s Budgets , Police Budget 4. License Renewals F. New Business 1. Set Date for Police Chief Finalist Interviews (Doyon) 2 . Consider Request of Community Center for One-day Liquor License (Doyon) 3 . Consider Designation of Voting Delegate at MIIA Annual Meeting (Doyon) 4 . Consider Step Rate Increase for Harbormaster (Doyon) 5. Consider Requisition for Full-time Officer to Replace Carmelo Conte (Doyon) G. Executive Secretary - Update on Pending Matters H. Public and/or Press I. Other Business That May Properly Come Before the Board jds 12 21 92 MINUTES - MEETING OF BOARD OF SELECTMEN December 21, 1992 Selectmen present: Merle S. Brown Martha K. Gjesteby Jane 0. Goedecke Rocco F. Laugelle Michael H. Sullivan Others present: Daniel Nussdorfer J. Michael Buckley, Jr. - Town Accountant Robert E. Martin, Jr. James Huxley - Eastern Edison Co. T. Gerard Keating - Council on Aging Joseph D. Buckley - 11 11 " Molly Hochkeppel - Patriot Ledger Dori Dwyer - Cohasset Mariner Robert V. Davenport -(Cable TV volunteer) Gregory J. Doyon - Exec. Secretary Joyce D. Studley - Admin. Secretary The meeting was called to order at 7:30 p.m., Chairman Goedecke presiding. Motion of Mr. Brown to approve, ratify, and confirm the signing Treasury of the bill and payroll warrants of December 17, 1992, by warrants Chairman Goedecke and Selectmen Brown, Gjesteby and Laugelle. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the minutes of meeting of December Mins. mtg. 14, 1992, as amended. 12/14/92 Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Daniel Nussdorfer, 76 Jerusalem Road, a candidate for the Appt. to Compu- Computer Study Committee, introduced himself and furnished his ter Study Comm. credentials. He was questioned by the Board members. Motion of Mr. Brown to appoint Daniel Nussdorfer to the Computer Study Committee. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. Mr. Huxley presented a petition on behalf of Eastern Edison Petn. of Eastern Company. Edison Co. MINUTES - MEETING OF BOARD OF SELECTMEN December 21, 1992 Page 2 Motion of Mr. Sullivan to approve the petition of Eastern Edison Company for one proposed joint pole location on Lamberts Lane, as submitted. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, Mr. Laugelle abstaining. The matter of an appointment to the Harbor Committee was Appt. to Harbor re-considered. Comm. Motion of Mr. Brown to appoint Keith Townsend to the Harbor Committee. There was no second to the motion. Motion of Mr. Laugelle to appoint Gail Parks to the Harbor Committee, as recommended by the committee. Second by Mr. Sullivan. Vote 4 - 1 in favor., Mr. Brown opposed. A request of the National Multiple Sclerosis Society Req. of NMSS (Massachusetts Chapter) to use the parking lot at Sandy Beach was to use Sandy considered. Beach parking lot Motion of Mr. Laugelle to allow the National Multiple Sclerosis Society (Massachusetts Chapter) to use Sandy Beach parking lot on March 28, 1993, as requested. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Renewal of licenses for 1993 were discussed. Renewal of 1993 licenses Motion of Mr. Laugelle to grant the following licenses for 1993: COMMON VICTUALLER LICENSEES: Bread Shop and Bakery Marylou's News, Inc. 1 MOTOR VEHICLE DEALER LICENSEES: Y Brown's Foreign Imports Motorsport Engineering, Inc. d/b/a Majestic Cars Ltd. jds 12 21 92 MINUTES - MEETING OF BOARD OF SELECTMEN December 21, 1992 Page 3 Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Doyon announced that the time set for interviewing the Police Date set for Chief finalists is Tuesday, January 5, 1993, at 7:00 p.m. Mr. interviewing Sullivan added that six candidates, three outsiders and three Police Chief insiders, will be interviewed. finalists The Town Accountant presented his proposed budget for FY94. He Town Acct. 's discussed with the Board the matters of the purchase of a second budget reviewed personal computer for his office at a cost of $2,000 and tuition FY94 of $250 for instructing a clerk in basic accounting. Motion of Mr. Laugelle to disregard the items for the personal computer and tuition. The motion was not seconded. Motion of Mr. Sullivan to approve the budget for the Town Accountant's department, in the total amount of $95,608, to include tuition of $250 for training a clerk and $2,000 for an additional P.C., upon recommendation of the Computer Study Committee. Second by Mrs. Gjesteby. Vote 3 - 2 in favor, Mr. Laugelle and Mr. Brown opposed. Messrs. Keating and Buckley presented the proposed FY94 budget COA budget for the Council on Aging. Discussion ensued concerning the line reviewed FY94 item of $3,600 designated as rent, which Mr. Buckley said is to be used to pay instructors of various programs. It was suggested that the correct line item for programs be used. A new telephone system proposed by the council was also discussed. Mr. Buckley explained that the proposal is in the nature of a "wish list" item in reply to a questionnaire distributed by the Advisory Committee. The Board requested additional information on the proposal. Motion of Mr. Laugelle to approve the budget for FY94 of the Council on Aging, in the total sum of $50,370. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. MINUTES - MEETING OF BOARD OF SELECTMEN December 21, 1992 Page 4 Request of the Cohasset Community Center for a one-day liquor Req. of Coh. license was considered. Comm. Ctr. for one-day liq. lic. Motion of Mr. Laugelle to grant to the Cohasset Community Center a one-day liquor license for Saturday, January 30, 1993, at 3 North Main Street, from 7:30 p.m. to 1:00 a.m., for its "Frosty Frolic" fundraising dance. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Certain of the Selectmen's budgets were reviewed. Motion of Mr. Brown to approve the budget for the Executive Exec. Secy. 's Secretary for FY94, in the total sum of $56,496. budget reviewed FY94 Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Motion of Mr. Brown to approve the budget for the Selectmen's Selectmen's Office Office (Department #3), as submitted. budget reviewed FY94 Vote 5 - 0 in favor, none opposed. The Police Department budget for FY94 was reviewed. Police Dept. budget reviewed Motion of Mr. Brown to approve the Police Department's budget for FY94 FY94 for salaries and wages in the sum of $781,496. Second by Mrs. Gjesteby. Vote 4 - 0 in favor, Mr. Laugelle abstaining. Motion of Mrs. Gjesteby to approve the remainder of the Police Department's budget for FY94. Second by Mr. Sullivan. Vote 5 - 0 in favor, none opposed. Designation of a voting delegate at the MIIA Annual Meeting was Desig. of voting discussed. deleg. for MIIA Annl. Mtg. Motion of Mr. Sullivan to designate Martha K. Gjesteby as the delegate. Second by Mr. Laugelle. MINUTES - MEETING OF BOARD OF SELECTMEN December 21, 1992 Page 5 Vote 5 - 0 in favor, none opposed. A step rate increase for the Harbor Master was discussed. Step rate increase for Harbor Master Motion of Mr. Brown to approve a step rate incaase for Irving Gadow, Harbor Master, from Schedule I, Pay Group 1 @$13.71, third step, to Schedule I, Pay Group 1 @$14.69, fourth step, effective April 30, 1992, the anniversary date. Second by Mr. Laugelle. Vote 5 - 0 in favor, none opposed. Consideration was given to the matter of requisition for a Requis. of full-time full-time Police Officer to replace Officer Carmelo Conte. Mr. Police Officer disc. Doyon said Officer Conte will retire February 11, 1993, but his last work day will take place in early January because of accrued vacation time. There exists a need to fill the shifts. He recommended starting the process now. Motion of Mr. Laugelle to ask for local preference. Second by Mr. Brown. Vote 3 - 2 in opposition, Mr. Laugelle and Mr. Brown in favor. Motion of Mr. Sullivan to request a re-hire list from the Department of Personnel Administration. Second by Mrs. Gjesteby. Vote 5 - 0 in favor, none opposed. The Executive Secretary reported as follows: Exec. Secy. 's report He met with FEMA representatives last week and made a tour of the Town on the basis of the Governor's request to declare Norfolk County a disaster area following the recent three-day storm. He estimates the damage to be $50,000. The FEMA disaster team was not encouraging. It was indicated that some of the cleanup work funded after the last storm will not be funded this time. The marsh on Atlantic Avenue, into which stones have been lodged, is one example. He wished everyone a Merry Christmas and a happy Chanukah. [End of report. ] MINUTES - MEETING OF BOARD OF SELECTMEN December 21, 1992 Page 6 The Board commented on various matters. Mr. Laugelle stated that Other business repair of fences around Town cannot wait until next July. Motion of Mr. Laugelle to ask the Advisory Committee for a transfer of $1,300 to repair the fence at Memorial Park. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. The Chairman said that the Highway Surveyor should be asked to look at the other fence areas requiring repair and to submit a schedule of maintenance around the Town. Parking in the Town Parking Lot was discussed. It was agreed that a formal request should be made to the County Engineers to survey the area for re-striping. Mr. Doyon was also asked to look at the crosswalk striping from The Carousel to Post #3 on Ripley Road, where Mrs. Gjesteby said the view is obscured. The Chairman asked if the matter of a Police grievance on the appointment of Acting Chief should be discussed in executive session. She said the Board is in receipt of a memorandum from labor counsel on the matter. Discussion followed. It was agreed that the Acting Chief should be communicated with and that the union should be informed concerning the opinion of labor counsel. The Chairman said a matter to be discussed in executive session is the request of the Firefighters for release of minutes of a Selectmen's executive session. The press and public were asked for comment. Press and public Motion of Mr. Laugelle to go into executive session for the above Exec. session stated purpose, not to return to open session. Second by Mr. Brown. Vote 5 - 0 in favor, none opposed. Mr. Brown - Aye Mrs. Gjesteby - Aye Mrs. Goedecke - Aye Mr. Laugelle - Aye Mr. Sullivan - Aye. MINUTES - MEETING OF BOARD OF SELECTMEN December 21, 1992 Page 7 The Board went into executive session at 9:25 p.m. and did not return to open meeting. ACCEPTED: ATE: xec iv t lye CORRESPONDENCE LIST December 21, 1992 1. Mariellen Murphy, Mass Department of Revenue, Division of Local Services, to Board of Assessors. Approval of the fiscal year 1992 tax rate. 2. Henry Ainslie, Norfolk County Commissioners, Approval of request for county engineering services re Doane Street. 3 . George Mello, Tibbetts Engineering Corp. , re Doane Street Culvert Replacement. Potential usage for Construction Observation Services. 4. R. E. Martin, Jr. , Cohasset Chamber of Commerce. Invitation to their meeting on January 20 , 1993. 5 . Mass Department of Public Utilities . Public hearing December 21, 1992 re discount rates with industrial and commercial customers. 6 . Elizabeth Ripley, Treasurer/Collector, re payroll processing. 7. Zoning Board of Appeals. Public hearing January 7 , 1993 on the application of Autohaus for a Special Permit at 746 Chief Justice Cushing Highway. 8 . Zoning Board of Appeals . Decision on the application of Dennis and Patricia Hughes, 11 Lothrop Lane. a 9 . Harold Litchfield, Highway Surveyor. List of materials and costs to replace fence on Border Street. 10. Zoning Board of Appeals. Public hearing January 7 , 1993 on the application of James and Marilyn Morrison for a Variance and Special Permit at 505 Beechwood Street. 11. Zoning Board of Appeals. Public hearing January 7 , 1992 on the application of Ruth Sisson for a Special Permit at 400 South Main Street. 12. Fire Chief John Nadeau, re First Night. 13 . Mass . Department of Environmental Protection to Municipalities within the Coastal Zone of Massachusetts. Information related to storm emergency. 14 . Ph-tip Coates, Mass Division of Marine Fisheries . Notification that "the waters and flats and all tributaries thereto of all six South Shore towns"-reclassified to "restricted" and closed to the taking of all shellfish until further notice. 15 . Elizabeth McEvoy, Massachusetts Bays Program. 1993 Bays Action Grants. 16. Anne Larner, M.B.T.A. Advisory Board. MBTA FY94 budget: Finance Committee Report and Recommendations . 17 . Edward Guild, Sewer Commission. Special Counsel budget. 18 . Barbara Moore, Personnel Committee. Revision of Personnel By-laws. /L/F, CORRESPONDENCE LIST December 28 , 1992 © 1. James Perry, Massachusetts-American Water Company. Notice of possibility of corporate merger. 2. James Breen, Scituate Fire Chief. Memo of thanks for assis- tance during Coastal Storm 12/11-12/14. 3 . David Vine, Nucci Vine Associates , re Harbor dredging. This letter went to Ms. Monica Webster, U. S. Army Corps of Engin- eers, with a copy to Greg Doyon. 4 . George Mazareas, Massachusetts Highway Department, re off premises advertising in the Commonwealth of Massachusetts. 5 . Zoning Board of Appeals. Decision re application of Robert J. Riley et ux. , 83 Elm Street. 6 . Zoning Board of Appeals. Decision re application of Dr. Roger Pompeo, 226 Chief Justice Cushing Highway and King Street. 7 . Zoning Board of Appeals. Decision re application for Special Permit of David Dauphinee, 805 Chief Justice Cushing Highway. 8 . Zoning Board of Appeals . Public hearing 1/7/93 on the applica- tion of Doris Tower for a Special Permit at 44 Joy Place. 9 . Metropolitan Area Planning Council. Memo re Transportation Improvement Program and MAPC newsletter. 10. The Alcoholic Beverages Control Commission. New regulation re prohibiting of discrimination by club licensees.