Loading...
HomeMy WebLinkAboutMinutes - TM - 04/30/2011 Index—Annual Town Meeting, April 30,2011 1. Annual Town Report. Adopted. 2. Report of Committees. Indefinitely postponed. 3. Operating Budget. Adopted by required 2/3's. 4. Union Contracts. Adopted. 5. Capital Stabilization Fund. Adopted. 6. Capital Improvements Budget. Adopted. 7. Community Preservation Committee a. Sub accounts. Adopted unanimously b. Debt Service,Article 12,Annual Town meeting 2004. Adopted unanimously. c. Rehabilitation&restoration of town archives &shelving. Adopted. unanimously. d. Rehabilitate&restore roof of Paul Pratt Memorial Library. Adopted unanimously. 8. Unpaid bills from previous years. Adopted unanimously. 9. Release of Sewer Easements. Adopted unanimously. 10. Supplemental Appropriations for Fiscal 2011. Adopted. 11. Sewer Enterprise Fund Transfer. Adopted unanimously. 12. Post-retirement health insurance liability stabilization fund. Indefinitely postponed. 13. Amendment to tax exemption for seniors. Adopted unanimously. 14. Overlay transfer. Adopted unanimously. 15. Community septic program. Adopted by the required 2/3's. 16. Senior Center lease agreement. Adopted unanimously. 17. General bylaw amendment—date for annual town meeting. Adopted unanimously. 18. General bylaw amendment—no mailing of special town meeting warrant. Motion defeated. 19. Amend zoning map. Adopted unanimously. 20. Amend Section 2: definitions Zoning Bylaw. Indefinitely postponed. 21. Amend Wind Energy Conservation Facility Bylaw. Adopted. 22. Citizen's petition remove parcel from Village Business District and establish as Residence A District. Indefinitely postponed. 1 ANNUAL TOWN MEETING-APRIL 30, 2011 At the Annual Town Meeting held on Saturday, April 30, 2011 at the Cohasset High School Sullivan Gymnasium the following articles were contained in the warrant and acted upon as follows. Checkers sworn in by the Town Clerk, Marion L. Douglas at 8:45 a.m. were Carol St Pierre, Sandra Murray, Abigail Alves, Katherine Whitley and Deborah Protulis. Tellers were appointed and sworn in by the Moderator,Daniel Evans. The Moderator called the meeting to order at 9:30 a.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled . Precinct 1 — 110 voters and precinct 2—77. Citizens recited the pledge of allegiance. Voted unanimously to dispense with the reading of the call of the Meeting and Return of Service having been examined by the Moderator and found to be in order. Article 1: Annual Town Report To act upon the reports of the various Town Officers as printed in the Annual Town Report for 2010,or take any other action related thereto. MOVED that the reports of the various Town Officers as printed in the Annual Town Report for 2010 be accepted and filed with the permanent records of the Town. Motion adopted unanimously. Article 2: Reports of Committees To hear the reports of any Committee heretofore chosen and act thereon, or take any other action related thereto. MOVED that the article be indefinitely postponed. Motion adopted unanimously. Article 3: Operating Budget To see if the Town will vote to fix salaries and compensation of Elected Officers, and to see what sums the Town will vote to raise and appropriate from available funds or otherwise, for the payment of the salaries and compensation, expenses, equipment and outlays, capital and otherwise, of the several Town Departments, including the enterprise funds for the Water Department and Sewer Department, for the ensuing fiscal year, or to take any other action related thereto. APPENDIX A-FISCAL 2012 OPERATING BUDGET 2 FISCAL FISCAL FISCAL FISCAL FISCAL 2009 2010 2011 2012 2012 DEPARTMENT BUDGETED BUDGETD BUDGET REQUEST RECOMM. ADMINISTRATION Moderator Personal Services 573 573 552 573 573 Total $573 $573 $552 $573 $573 Selectmen Personal Services 5,500 5,500 5,500 5,500 5,500 General Expenses 61,450 61,450 61,300 61,300 61,300 Total $66,950 $66,950 $66,800 $66,800 $66,800 Town Manager Personal Services 319,158 317,636 322,130 322,799 327,161 General Expenses 41,500 43,400 33,400 36,300 36,300 Total $360,658 $361,036 $355,530 $359,099 $363,461 Advisory Committee General Expenses 345 345 345 345 345 Reserve Fund 100,000 100,000 100,000 100,000 100,000 Total $100,345 $100,345 $100,345 $100,345 $100,345 Director of Finance Personal Expenses 132,801 130,383 133,331 128,622 128,045 General Expenses 29,193 29,193 32,398 32,398 39,898 Total $161,994 $159,576 $165,729 $161,020 $167,943 Board of Assessors Personal Expenses 159,382 163,193 169,476 162,819 163,521 General Expenses 33,780 29,680 24,780 29,580 29,180 Total $193,162 $192,873 $194,256 $192,399 $192,701 Treasurer/Collector Personal Expenses 160,428 163,717 156,704 160,070 161,499 General Expenses 38,865 36,665 39,165 39,165 39,165 Total $199,293 $200,382 $195,869 $199,235 $200,664 Legal Services Town Counsel Services 225,000 160,000 220,000 200,000 200,000 Total $225,000 $160,000 $220,000 $200,000 $200,000 Town Clerk 3 Personal Services 82,027 76,439 81,262 77,360 78,698 General Expenses 8,890 8,825 10,494 8,925 8,925 Total $90,917 $85,264 $91,756 $86,285 $87,623 Conservation Commission General Expenses 31,260 29,697 29,697 30,000 30,000 Total $31,260 $29,697 $29,697 $30,000 $30,000 Planning Board Personal Services 54,542 54,795 55,342 55,342 55,554 General Expenses 14,750 11,034 10,487 16,387 11,387 Total $69,292 $65,829 $65,829 $71,729 $66,941 Zoning Board of Appeals General Expenses 2,260 2,135 1,560 1,560 1,560 Total $2,260 $2,135 $1,560 $1,560 $1,560 Town Reports General Expenses 13,000 13,000 13,000 13,000 13,000 Total $13,000 $13,000 $13,000 $13,000 $13,000 Parking Clerk General Expenses 1,200 1,200 0 0 0 Total $1,200 $1,200 $0 $0 $0 Unclassified Audit of Accounts 12,000 12,000 12,000 12,000 17,500 S.S. Coalition 4,000 4,000 4,000 4,000 4,500 Water Purchase 30,000 30,000 25,000 25,000 50,000 Hingham Water 17,210 Fire Protection Fee 247,000 Regional Emergency Cont Ctr 160,000 Total $46,000 $46,000 $41,000 $510,710 $496,210 ADMINISTRATIVE TOTAL $1,561,904 $1,484,860 $1,541,944 $1,992,755 $1,987,821 4 PUBLIC SAFETY Police Department Personal Services 1,538,923 1,541,526 1,559,975 1,598,964 1,379,115 Overtime 290,000 225,000 285,000 397,000 350,000 General Expenses 110,200 105,200 105,200 150,850 138,300 Total $1,939,123 $1,871,726 $1,950,175 $2,146,814 $1,867,415 Fire Department Personal Services 1,435,258 1,529,749 1,517,798 1,591,111 1,593,430 Overtime 212,180 200,200 215,000 216,427 216,427 General Expenses 195,710 196,560 196,560 195,750 195,750 Hydrant Services 17,120 17,120 264,120 0 0 Total $1,860,268 $1,943,629 $2,193,568 $2,003,288 $2,005,607 Building Commissioner Personal Services 73,909 74,109 75,572 75,572 77,137 General Expenses 4,700 4,700 4,700 5,250 5,250 Total $78,609 $78,809 $80,272 $80,822 $82,387 Gas&Plumbing Inspector General Expenses 9,500 9,500 9,500 9,500 9,500 Total $9,500 $9,500 $9,500 $9,500 $9,500 Weights&Measures Personal Services 2,758 2,758 2,813 2,813 2,870 General Expenses 0 200 200 200 200 Total $2,758 $2,958 $3,013 $3,013 $3,070 Wiring Inspector General Expenses 18,014 18,014 18,332 19,732 19,732 Total $18,014 $18,014 $18,332 $19,732 $19,732 Civil Defense Salaries&Expenses 5,350 5,100 5,100 5,350 5,350 Total $5,350 $5,100 $5,100 $5,350 $5,350 Harbormaster Personal Services 65,905 67,136 68,479 68,829 70,200 General Expenses 7,900 7,900 7,900 14,400 14,400 Total $73,805 $75,036 $76,379 $83,229 $84,600 Shellfish Personal Services 500 475 475 475 475 Total $500 $475 $475 $475 $475 PUBLIC SAFETY TOTAL $3,987,927 $4,005,247 $4,336,814 $4,352,223 $4,078,136 5 EDUCATION Cohasset Schools Salaries&Expenses 14,316,397 14,713,000 15,034,478 15,732,294 15,402,478 Total 14,316,397 14,713,000 15,034,478 15,732,294 $15,402,478 South Shore VocTech Vocational Assessment 133,028 75,529 74,461 74,461 45,106 Total $133,028 $75,529 $74,461 $74,461 $45,106 EDUCATION TOTAL $14,449,425 $14,788,529 $15,108,939 $15,806,755 $15,477,584 PUBLIC WORKS/FACILITIES Department of Public Works Personal Services 769,970 767,822 777,927 778,767 792,618 General Expenses 197,590 202,850 205,100 205,100 205,100 Other Appropriations 433,110 413,800 368,000 388,000 388,000 Total $1,400,670 $1,384,472 $1,351,027 $1,371,867 $1,385,718 Snow& Ice General Expenses 76,000 100,000 125,000 125,000 125,000 Total $76,000 $100,000 $125,000 $125,000 $125,000 Street Lighting General Expenses 70,000 70,000 80,000 80,000 80,000 Total $70,000 $70,000 $80,000 $80,000 $80,000 Building Maintenance Personal Services 260,227 248,690 254,500 390,594 267,183 General Expenses 357,300 348,300 347,300 370,800 343,800 Total $617,527 $596,990 $601,800 $761,394 $610,983 DPW/FACILITIES TOTAL $2,164,197 $2,151,462 $2,157,827 $2,338,261 $2,201,701 6 HEALTH&WELFARE Board of Health Personal Services 129,782 124,585 127,066 129,597 129,597 General Expenses 6,150 4,600 4,550 4,550 4,550 Total $135,932 $129,185 $131,616 $134,147 $134,147 Elder Affairs Personal Services 158,149 158,149 161,135 163,874 164,360 General Expenses 38,400 34,350 34,350 34,350 20,350 Total $196,549 $192,499 $195,485 $198,224 $184,710 Veterans Services Personal Services 1,600 0 0 0 0 General Expenses 100 1,700 16,700 39,200 39,200 Total $1,700 $1,700 $16,700 $39,200 $39,200 Health&Welfare TOTAL $334,181 $323,384 $343,801 $371,571 $358,057 CULTURE &RECREATION Library Services Personal Services 398,085 395,083 398,027 397,279 398,729 General Expenses 98,104 88,410 88,410 92,163 88,163 Total $496,189 $483,493 $486,437 $489,442 $486,892 Recreation Personal Services 126,695 123,293 125,049 125,049 126,394 General Expenses 5,905 2,677 2,677 2,677 2,677 Total $132,600 $125,970 $127,726 $127,726 $129,071 Common Historical Commission General Expenses 100 100 50 50 50 Total $100 $100 $50 $50 $50 Historical Preservation Personal Services 800 800 800 800 800 General Expenses 100 100 100 100 100 Total $900 $900 $900 $900 $900 Celebrations General Expenses 5,000 5,000 2,500 2,500 2,500 Total $5,000 $5,000 $2,500 $2,500 $2,500 CULTURAL&REC.TOTAL $634,789 $615,463 $617,613 $620,618 $619,413 7 DEBT SERVICE Non-Excluded Principle&Int. 1,766,545 1,532,996 1,342,042 1,026,178 1,026,178 Excluded Principle&Interest 2,494,281 2,451,923 2,384,335 2,308,725 2,308,725 Cap Stab. Principle&Interest 0 107,804 254,359 222,709 222,709 CPC Principle&Interest 35,838 35,838 DEBT SERVICE TOTAL $4,260,826 $4,092,723 $3,980,736 $3,593,450 $3,593,450 BENEFITS &INSURANCE Pensions County Assessment 1,123,165 1,224,487 1,270,561 1,334,000 1,323,182 Total $1,123,165 $1,224,487 $1,270,561 $1,334,000 $1,323,182 Worker's Compensation General Expenses 92,000 92,000 92,000 121,250 112,000 Total $92,000 $92,000 $92,000 $121,250 $112,000 Unemployment General Expenses 40,000 5,000 10,000 10,000 10,000 Total $40,000 $5,000 $10,000 $10,000 $10,000 Health Insurance General Expenses 2,580,000 2,786,400 2,726,400 3,135,360 3,135,360 Total $2,580,000 $2,786,400 $2,726,400 $3,135,360 $3,135,360 Life Insurance General Expenses 9,000 9,000 9,000 9,000 9,000 Total $9,000 $9,000 $9,000 $9,000 $9,000 Medicare General Expenses 226,000 237,300 249,300 257,000 257,000 Total $226,000 237,300 $249,300 $257,000 $257,000 Property&Liability Insurance General Expenses 236,000 231,000 221,000 237,900 247,150 Total $236,000 $231,000 $221,000 $237,900 $247,150 Benefits & Insurance TOTAL $4,306,165 $4,585,187 $4,578,261 $5,104,510 $5,093,692 8 GENERAL FUND GRAND $31,699,414 $32,046,855 $32,665,935 $34,180,143 $33,379,854 TOTAL ENTERPRISE FUNDS Sewer Enterprise Personnel Expenses 14,012 34,904 36,800 36,800 36,800 General Expenses 775,941 992,350 1,065,600 1,803,412 1,803,412 Depreciation/Capital 127,419 165,000 0 90,000 90,000 Indirect Expenses 44,347 48,366 53,850 65,096 65,096 Debt Service 60,137 73,725 1,116,535 997,174 997,174 Sewer Enterprise Total $1,021,856 $1,314,345 $2,272,785 $2,992,482 $2,992,482 Water Enterprise Fund General Expenses 1,236,100 1,722,600 1,695,200 1,760,672 1,760,672 Other appropriations 32,000 32,000 32,000 121,750 121,750 Debt Service 2,170,443 2,695,903 2,916,437 2,851,075 2,851,075 Water Enterprise Total $3,438,543 $4,450,503 $4,643,637 $4,733,497 4,733,497 ENTERPRISE FUNDS TOTAL $4,460,399 $5,764,848 $6,916,422 $7,725,979 $7,725,979 APPENDIX B - COMPENSATION AND CLASSIFICATION SCHEDULES 9 PAY POSITIONS GROUP AUTHORIZED HOURS Schedule 1 -Regular Employees Board of Assessors Deputy Assessor/Appraiser Contract 1 40 Assistant Assessor I 1 35 Administrative Assistant G 1 32.5 Building Department Building Commissioner/Zoning Officer Contract 1 40 Clerk F 1 4 Civilian Dispatch Communications Supervisor Contract 1 40 Lead Dispatcher 1 40 Dispatcher(FT) 3 40 Dispatcher(PT) 1 24 Conservation Commission Administrative Assistant G 1 32.5 Elder Affairs Director Contract 1 40 Elder Advocate I 1 28 Volunteer Coordinator G 1 19 Clerk G 1 18 Van Driver F 1 19 Van Driver F 2 4 Facilities Director Contract 1 40 Maintenance Worker G 2 40 Custodial Worker F 1 40 Custodial Worker F 1 19 Fire Department Fire Chief Contract 1 40 Captain FS - 13 4 42 Lieutenant FS - 12 4 42 Firefighter-Paramedic FS - 11 14 42 Harbor Department Harbormaster Contract 1 40 Board of Health Health Agent Contract 1 12 10 Administrator Contract 1 40 Library Chief Librarian Contract 1 40 Staff Librarian 1 35 Staff Librarian 1 31 Library Assistant 1 37.5 Library Assistant 1 35 Library Technician 1 29 Library Technician 1 22 Library Technician 2 21 Library Technician 2 20 Administrative Assistant 1 9 Planning Board Administrator I 1 38 Police Department Police Chief Contract 1 40 Lieutenant PS - 11 2 37.5 Sergeant PS - 11 3 37.5 Patrolman PS - 09 12 37.5 Secretary H 1 40 Department of Public Works Superintendent Contract 1 40 General Foreman K 1 40 Working Foreman I 3 40 Heavy Equipment Operator G 4 40 Skilled Utility Worker F 3 40 Tree Climber F 1 40 Skilled Utility Worker-Cemetery F 1 40 Clerk G 1 35 Recreation Director Contract 1 40 Board of Selectmen Administrative Assistant I 1 40 Secretary/Receptionist F 1 24 Sewer Department Administrative Assistant F 1 40 Director of Finance/Town Accountant Director of Finance/Town Accountant Contract 1 40 11 Assistant Town Accountant G 1 22.5 Town Clerk Assistant Town Clerk I 1 40 Town Manager Town Manager Contract 1 40 Treasurer/Collector Treasurer/Collector Contract 1 40 Assistant Treasurer/Collector I 1 40 Assistant to Treasurer G 1 32.5 Schedule 1 a-Elected Employees Town Clerk $66,912 Clerk,Board of Registrars $329 Moderator $1 Board of Selectmen: Chair $1,500 Members(4) at$1,000 $4,000 Board of Assessors Chair $1,300 Members(2) at$1,200 $2,400 Schedule 2a-Part Time Positions Annual Veterans'Agent $1,600 Member,Board of Registrars $326 Sealer of Weights and Measurers $2,758 Town Archivist $600 Director of Emergency Management $350 Assistant Director of Emergency Management $100 Shellfish Constable $500 Animal Control Officer $12,000 Keeper of the Town Clock $100 Keeper of the Town Pump $100 Schedule 2b-Part Time Positions Hourly Assistant Harbor Master $13.11 Casual Labor $8.00 Election Officers $12.00 Election Clerk $12.00 Election Warden $12.00 Summer Patrolman $14.32 Police Matron $13.00 Deputy Building Inspector(H-Min) $18.46 Library Pages $8.00 Recording Secretary $13.58 12 Schedule 3 -Part Time Positions Constable-Per Notice $20.00 Exempt Positions -Per the Fair Labor Standards Act Deputy Assessor/Appraiser Health Agent Building Commissioner Chief Librarian Director of Finance/Town Accountant Police Chief Director of Facilities Recreation Director Elder Affairs Director Superintendent of Public Works Fire Chief Town Manager Harbormaster Treasurer/Collector Health Administrator Town Planner Fiscal Year 2012— 13 2% Grade Step 1st 2nd 3rd 4th Sth 6th 7th A Hourly 11.21 11.84 12.48 13.13 13.76 14.41 15.07 35 Hrs. 392.34 414.48 436.97 459.46 481.59 504.44 527.29 40 Hrs. 448.39 473.69 499.39 525.10 550.39 576.50 602.62 B Hourly 12.11 12.80 13.50 14.19 14.83 15.52 16.24 35 Hrs. 423.76 448.04 472.67 496.59 519.08 543.35 568.34 40 Hrs. 484.30 512.04 540.19 567.53 593.23 620.98 649.54 C Hourly 13.12 13.81 14.55 15.26 16.03 16.81 17.56 35 Hrs. 459.10 483.38 509.08 534.07 561.20 588.34 614.75 40 Hrs. 524.69 552.43 581.81 610.37 641.38 672.38 702.58 D Hourly 14.13 14.96 15.72 16.54 17.36 18.16 18.98 35 Hrs. 494.45 523.72 550.14 579.05 607.61 635.46 664.38 40 Hrs. 565.08 598.54 628.73 661.78 694.42 726.24 759.29 E Hourly 15.24 16.15 16.97 17.85 18.72 19.61 20.49 35 Hrs. 533.36 565.13 594.05 624.75 655.10 686.51 717.21 40 Hrs. 609.95 645.86 678.91 714.00 748.68 784.58 819.67 F Hourly 16.46 17.41 18.33 19.23 20.21 21.17 22.10 35 Hrs. 576.20 609.40 641.53 672.95 707.22 740.78 773.62 40 Hrs. 658.51 696.46 733.18 769.08 808.25 846.60 884.14 G Hourly 17.80 18.79 19.82 20.82 21.83 22.80 23.84 35 Hrs. 622.97 657.59 693.65 728.64 763.98 797.90 834.31 40 Hrs. 711.96 751.54 792.74 832.73 873.12 911.88 953.50 H Hourly 19.21 20.30 21.39 22.50 23.56 24.64 25.77 35 Hrs. 672.73 710.43 748.63 787.54 824.67 862.51 901.78 40 Hrs. 768.26 811.92 855.58 900.05 942.48 985.73 1,030.61 I Hourly 20.76 21.91 23.10 24.28 25.45 26.63 27.83 35 Hrs. 726.50 766.84 808.61 849.66 890.72 923.13 973.90 40 Hrs. 830.28 876.38 924.12 971.04 1,017.96 1,065.29 1,113.02 J Hourly 22.40 23.64 24.93 26.17 27.52 28.78 30.08 35 Hrs. 783.97 827.53 872.51 916.06 963.19 1,007.45 1,052.79 40 Hrs. 895.97 945.74 997.15 1,046.93 1,100.78 1,151,38 1,203.19 K Hourly 24.20 25.54 26.96 28.32 29.68 31.07 32.47 35 Hrs. 847.16 893.93 943.55 991.03 1,038.87 1,087.42 1,136.33 40 Hrs. 968.18 1,021.63 1,078.34 1,132.61 1,187.28 1,242.77 1,298.66 L Hourly 26.14 27.65 29.14 30.63 32.10 33.55 35.04 35 Hrs. 914.99 967.83 1,019.95 1,072.07 1,123.48 1,174.17 1,226.30 14 40 Hrs. 1,045.70 1,106.09 1,165.66 1,225.22 1,283.98 1,341.91 1,401.48 M Hourly 28.26 29.81 31.42 33.04 34.65 36.26 37.89 35 Hrs. 989.25 1,043.51 1,099.56 1,156.32 1,212.73 1,269.14 1,326.26 40 Hrs. 1,130.57 1,192.58 1,256.64 1,321.51 1,385.98 1,450.44 1,515.72 N Hourly 30.48 32.21 33.95 35.64 37.40 39.13 40.89 35 Hrs. 1,066.72 1,127.41 1,188.10 1,247.36 1,309.12 1,369.45 1,431.21 40 Hrs. 1,219.10 1,288.46 1,357.82 1,422.55 1,496.14 1,565.09 1,635.67 O Hourly 32.95 34.79 36.69 38.58 40.43 42.29 44.19 35 Hrs. 1,153.11 1,217.73 1,284.13 1,350.17 1,415.15 1,480.12 1,546.52 40 Hrs. 1,317.84 1,391.69 1,467.58 1,543.06 1,617.31 1,691.57 1,767.46 15 Moved that $33,379,854.00 be appropriated for Fiscal Year 2012 Annual Town Budget to be allotted as follows $78,767.00 for Salaries of elected Town officials consisting of the Town Clerk $68,250; Board of Registrars 4 @ $329, $1,316; Moderator $1; Selectmen, Chairman $1,500; 4 @ $1,000, $4,000; Board of Assessors, Chairman $1,300; members 2 @ $1,200, $2,400; and the remaining $33,301,087.00 for Personal Services, Expenses and Capital Outlays, Principal and Interest on Maturing Debt; and other charges for various departments as recommended for purposes set forth in Appendix A of the Warrant for the 2011 Annual Town Warrant a copy of which Appendices are incorporated here by reference, and to meet the appropriations the following transfers are made: $ 222,709 from Capital Stabilization Fund $ 121,750 from Water revenues $ 65,096 from Sewer Revenues $ 60,894 from School Construction Surplus Fund to Exempt Debt Budget for FYI $ 5,000 from Wetlands Fund And $ 32,904,405.00 is raised and appropriated from taxation and other general revenues of the Town; and further that the Salary Rate and Schedule as printed in the Warrant and shown in Appendix B be adopted: And further for the Enterprise Funds move that the Town vote to appropriate the following sums of monies as presented at this meeting in Appendix A: (1) Appropriate $ 4,733,497.00 to defray the expenses of the Water Enterprise Fund, and to meet this appropriation, the sum of$ 4,733,497.00 to be provided from the revenues of the Water Enterprise Fund (2) Appropriate $ 2,992,482.00 to defray the expenses of the Sewer Enterprise Fund, and to meet this appropriation, the sum of$ 2,992,482.00 to be provided from the revenues of the Sewer Enterprise Fund. A 2/3's vote required. Motion adopted by the required 2/3's. Article 4: Union Contracts To see if the Town will vote to raise and appropriate borrow pursuant to any applicable statute, and/or transfer from available funds, a sum or sums of money, to be expended by the Town Manager, to fund the FY12 cost items of a collective bargaining agreement between the Town, represented by the Board of Selectmen, and the Fire Department employees represented by Local 2804, Cohasset Permanent Firefighters, the Library employees represented by SEIU Local 888, Clerical employees represented by SEW Local 888, and Cohasset Police Lieutenant's Association represented by Local 84 in accordance with Chapter 150E of the General laws, or take any other action related thereto. 16 Moved that fifty-seven thousand one hundred forty-nine dollars ($57,149) be raised and appropriated from the FY2012 tax levy and other general revenues of the town,to fund the FYI cost items of a collective bargaining agreement between the Town, represented by the Board of Selectmen, and the Fire Department. employees represented by Cohasset Permanent Firefighters Local 2804, the Library employees, represented by SEIU Local 888; clerical employees, represented by SEIU Local 888, and Cohasset Police Lieutenant's Association, represented by Local 84,in accordance with Chapter 150E of the Massachusetts General Laws. Motion adopted. Article 5: Capital Stabilization Fund To see if the Town will vote to raise and appropriate,transfer from available funds and/or borrow pursuant to any applicable statute a sum of money to be deposited into the Capital Stabilization Fund, or to take any other action related thereto. Moved that the sum of five hundred thirteen thousand eight hundred seventy-six dollars and forty-six cents ($513,876.46) be appropriated for deposit into the Capital Stabilization Fund; and to meet this appropriation four hundred eighty thousand dollars ($480,000) be raised and appropriated from taxation and other general revenues of the Town and sum of thirty-three thousand eight hundred seventy-six dollars and forty-six cents ($33,876.46) be transferred from the unexpended balances of the following prior appropriations,reducing such prior appropriations to zero dollar balances; Article 2-Special Town Meeting-11/13/07 Jacob's Meadow Design 743.76 Article 3-Special Town Meeting- 11/17/08 Fire-Capital Equipment 225.95 Article 6-Annual Town Meeting- 3/28/09 Fire-rescue Pumper 726.33 Article 3-Special Town Meeting-11/17/08 Fire-Ambulance 1,826.69 Article 6-Annual Town Meeting- 3/28/09 DPW Loader 3,154.83 Article 6-Annual Town Meeting- 3/28/09 Town Hall Fire Alarm 26,580.90 Article 6-Annual Town Meeting- 3/28/09 Library Staff Room 618.00 A 2/3's vote required. Motion adopted unanimously. Article 6: Capital Improvements Budget To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund various capital improvements, capital projects and/or capital equipment for the various departments, boards, commissions and agencies of the town, as listed below, or take any other action related thereto. 17 Enti Purpose Amount School Department Kitchen Equipment $15,000 Fire Department Computer Server for regional $10,000 dispatch Recreation Department Resurface Milliken Field $25,000 Tennis Courts, repair retaining wall,replace nets Police Department Cell Upgrade $20,000 Police Department Marked Cruiser $31,000 Selectmen New MIS for financial, HR $91,400 management Selectmen Permitting, engineering costs $20,000 for Bound Brook Dam/Culvert repair Total ATM FY `12 $212,400 Moved that two hundred twelve thousand four hundred dollars ($212,400) be hereby transferred from the Capital Stabilization Fund to fund the capital projects and equipment purchases outlined in the capital expenditure summary below: Enti Purpose Amount School Department Kitchen Equipment $15,000 Fire Department Computer Server for regional $10,000 dispatch Recreation Department Resurface Milliken Field $25,000 Tennis Courts, repair retaining wall,replace nets Police Department Cell Upgrade $20,000 Police Department Marked Cruiser $31,000 Selectmen New MIS for financial, HR $91,400 management Selectmen Permitting, engineering costs $20,000 for Bound Brook Dam/Culvert repair Total ATM FY `12 $212,400 A 2/3's vote required. Motion adopted unanimously. 18 Proclamation presented by Steven Gaumer, Chairman of the Capital Budget Committee for Mark Baker. WHEREAS, Since Mark Baker has lived in Cohasset, he has had a strong ongoing interest in the Public affairs of the Town, WHEREAS, Mark Baker was appointed to the Capital Budget Committee on August 6, 1991 And has been a member for the past 19 years, WHEREAS, Mark A. Baker has served as Chairman of the Capital Budget Committee from 1994-2004, WHEREAS, Such dedication and service to the Town cannot come without great sacrifice to personal matters and family life; and WHEREAS, the Capital Budget Committee now recommends this Unanimous Motion for Commendation to Mark A. Baker NOW THEREFOR BE IT RESOLVED that the Citizens of Cohasset, assembled at Annual Town Meeting hereby acknowledges and affirms their appreciation to Mark A. Baker for his many years of service to the Town of Cohasset. Proclamation adopted unanimously. 19 Article 7: Community Preservation Committee To see if the Town will vote to adopt and approve the recommendations of the Community Preservation Committee for Fiscal Year 2012, and to see if the Town will vote to implement such recommendations by appropriating a sum or sums of money from the Community Preservation Fund established pursuant to Chapter 44B of the General Laws, and by authorizing the Board of Selectmen, with the approval of the Community Preservation Committee to acquire, by purchase, gift or eminent domain such real property interests in the name of the Town, or enforceable by the Town, including real property interests in the form of permanent affordable housing restrictions and historical preservation restrictions that will meet the requirements of Chapter 184 of the General Laws, as may be necessary or proper to carry out the foregoing, or to take any action related thereto. Moved That: A: That Fiscal Year 2012 revenues to the Community Preservation Fund be divided to the following Sub accounts to be administered by the Community Preservation Committee as follows: Historical Resources Sub Account (10%) $38,975 Open Space Sub Account (10%) $38,975 Community Housing Sub Account (10%) $38,975 Total Budget $116,925 Motion adopted unanimously. Moved That: B: That Thirty-Five Thousand Eight Hundred Thirty-Eight Dollars ($35,838)be transferred from the Community Preservation Fund Open Space Sub Account to be expended by the Town Manager for payment of debt service for the project approved under Article 12 (Recommendation E) of the 2004 Annual Town Meeting (open space land acquisition); and that Eighty Thousand Dollars ($80,000) be transferred from the Community Preservation Fund Discretionary Sub Account, with the intention that these funds be available in FY 2012 and thereafter, which funds are to be expended by the Town Manager to payoff the debt for the project approved under Article 12 (Recommendation E) of the 2004 annual town meeting(open space land acquisition). Motion adopted unanimously. Moved That: C. Forty Thousand Dollars ($40,000) be transferred from the Community Preservation Fund Historical Resources Sub-Account and Forty Thousand Dollars ($40,000)be transferred form the Community Preservation Fund Discretionary Sub Account, for a total of Eighty Thousand Dollars ($80,000), which funds are to be expended by the Town Manager in Fiscal year 2012 and thereafter for the purposes of the rehabilitation and restoration of town archives held by the 20 Town Clerk plus the purchase and installation of shelving and appropriate materials necessary for archival storage and any other materials and work related thereto. Motion adopted unanimously. Moved That: D: One Hundred Fifty Nine Thousand Two Hundred Twenty Eight Dollars($159,228)be transferred from the Community Preservation Fund Discretionary Sub Account, which funds will be expended by the Town Manager in Fiscal Year 2012 and thereafter to rehabilitate and restore the roof and related structures of the Paul Pratt Memorial Library located on Ripley Road, Cohasset, Massachusetts, and all other related work, and that the Town of Cohasset must use a portion of these funds to hire an appropriate professional to supervise and inspect the work for the benefit of the town. Notwithstanding the above, Fifty Thousand Dollars($50,000)of this appropriation will be held in reserve and spent on restorative work that is currently unknown and later discovered once the project begins. This money shall be spent only after the Town Manager and the applicant receives the preapproval of the Community Preservation Committee that such additional work is related to the rehabilitation of the roof and damage caused by its current failure. Motion adopted unanimously. Article 8: Unpaid Bills from Previous Years To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow, pursuant to any applicable statute, a sum or sums of money, to be expended by the Town Manager, to pay for unpaid bills from previous fiscal years, or to take any other action related thereto. Moved that the sum of thirty-four thousand sixty-three dollars and forty-seven cents($34,063.47) be appropriated to be expended by the Town Manager to pay for unpaid bills of a prior year as follows: Fire Dept. Surgi-Care,Inc. 312.57 Police Dept. Tufts Medical Center $12,476.68 Southcoast Physician Services 333.00 Sewer Enterprise: Hingham Sewer Commission $ 8,071.62 Coughlin Environmental Services 12,869.60 And to meet this appropriation thirteen thousand one hundred twenty-two dollars and twenty-five cents ($13,122.25) be transferred from Free Cash and twenty thousand nine hundred forty-one 21 dollars and twenty-two cents ($20,941.22) be transferred from the 2010 certified sewer retained earnings. A 4/5's vote required. Motion adopted unanimously. Article 9: Release of Sewer Easments To see if the Town will vote to authorize the Board of Selectmen,pursuant to G.L. c.40 and based upon determinations by and recommendations of the Board of Sewer Commissioners, to release, dispose of or otherwise abandon all or any portions of all or any of those certain permanent sewer and access easements affecting properties located within all currently existing sewer service areas, granted to the Town in connection with past Town sewer expansion, extension and service projects, and described on a list on file with the Town Clerk, for a minimum of$1.00 for each such release, disposition or abandonment, including but not limited to any related grinder pumps and other improvements, or to take any other action related thereto. Moved that the Board of Selectmen be authorized, pursuant to G.L. c.40 and based upon determinations and recommendations by the Board of Sewer Commissioners, to release, dispose of or otherwise abandon all or any portions of all or any of those certain permanent sewer and access easements affecting properties located within all currently existing sewer service areas, granted to the Town in connection with past Town sewer expansion, extension and service projects, and described on a list on file with the Town Clerk. A 2/3's vote required. Motion adopted unanimously. Proclamation presented by Sarah Charron, member of the Community Preservation Committee for Stuart Ivimey. WHEREAS, Stuart Ivimey has served the citizens of Cohasset as At-Large member and Chairman of the Community Preservation Committee from 2002 thru 2011; and WHEREAS,Mr. Ivimey has devoted his time and talent to successful implementation of the Community Preservation Act in Cohasset; and WHEREAS,he has provided oversight of appropriations of money from the Community Preservation Fund established pursuant to Chapter 44B of the General Laws; and WHEREAS,he has managed the review and approval of projects that qualify for funding for the acquisition, creation and preservation of open space,the acquisition, creation and preservation of historic resources and the creation and preservation of community housing; and WHEREAS,the Community Preservation Committee now recommends this Unanimous Motion for Commendation to Stuart Ivimey. NOW,THEREFORE,LET IT BE RESOLVED,that we,the Community Preservation Committee and citizens of Cohasset assembled here on the 30th day of April 2011 acknowledge with sincere appreciation the long and devoted service to the Town of Cohasset and will be ever grateful to Stuart Ivimey for his commitment to preserving our community. Proclamation adopted unanimously. 22 Article 10: Supplemental Appropriations for Fiscal 2011 To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute and/or transfer from available funds, a sum or sums of money, to be expended by the Town Manager, needed by various departmental budgets and appropriations to complete the fiscal year ending June 30, 2011 or to decrease or otherwise adjust any budget line item as appropriated by the town at the 2011 annual town meeting or the November 15, 2010 and the March 14, 2011 special town meeting, or to take any other action related thereto. Moved that the sum of fifty-two thousand one hundred and fifty-four dollars and ninety nine cents ($52,154.99) be hereby be appropriated to the Fiscal 2011 budgetary items set forth below amending the amount appropriated by the Town pursuant to Article 3 of the 2010 Annual Town Meeting which appropriation has been amended at the November 15, 2010 Special Town Meeting which funds after transfer are to be expended by the Town Manager to supplement certain departmental budgets set forth below to complete fiscal year ending June 30, 2011. Transfer Funds to: Police Department—Overtime $52,154.99 And to fund this appropriation, fifty-two thousand one hundred fifty-four dollars and ninety-nine cents ($52,154.99)be transferred from Free Cash. Motion adopted. Article 11: Sewer Enterprise Fund Transfer To see if the Town will vote to transfer the sum of Two Hundred Seventy Five Thousand Dollars ($275,000) from Sewer Enterprise Fund Retained Earnings and the sum of Two Hundred Thousand Dollars ($200,000) from the FYI Debt Service appropriation line item; for a total of Four Hundred Seventy Five Thousand Dollars ($475,000) to the FY11 General Expenses appropriation budget line item; or take any other action related thereto. Move that the sum of Two Hundred Seventy Five Thousand Dollars ($275,000) be hereby transferred from Sewer Enterprise Fund Retained Earnings and the sum of Two Hundred Thousand Dollars ($200,000) be hereby transferred from the FYI Debt Service appropriation line item; for a total of Four Hundred Seventy Five Thousand Dollars ($475,000) to the FYI General Expenses appropriation budget line item as voted pursuant to Article of the 2010 Annual Town Meeting. Motion adopted unanimously. Article 12: Post-Retirement Health Insurance Liability Stabilization Fund To see if the Town will vote to raise and appropriate,transfer from available funds and/or borrow pursuant to any applicable statute a sum of money to be deposited into the Post-Retirement Health Insurance Liability Stabilization Fund, or take any other action related thereto. Moved that the subject matter of Article 12 be indefinitely postponed. Motion adopted unanimously. 23 Article 13: Amendment to Tax Exemption for Seniors To see if the town will vote to accept Section 4 of Chapter 73 of the Acts of 1986 to grant an additional real estate tax exemption of not more than one hundred percent (10001o). Such additional exemption may be granted to persons who qualify for property tax exemptions under clauses 17, 17C %, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 41B, 41C, 42 and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws and also, to see if the town will vote to accept the amendment of Clause 41C in accordance with Chapter 184, Section 51 of the Acts of 2002, to subsequently grant an additional real estate tax exemption of not more than one hundred percent (100%). Such additional exemption may be granted to persons who qualify for property tax exemption under clause 41C of Section 5 of Chapter 59 of the Massachusetts General Laws, or to take any other action related thereto. Moved that Section 4 of Chapter 73 of the Acts of 1986 be accepted to grant an additional real estate tax exemption of not more than one hundred percent (10001o). Such additional exemption may be granted to persons who qualify for property tax exemptions under clauses 17, 17C Y2, 17D, 22, 22A 22B, 22C, 22D, 22E, 37, 37A, 41, 41B, 41C, 42 and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws and also, that the amendment of Clause 41C in accordance with Chapter 184, Section 51 of the Acts of 2002, be also accepted to subsequently grant an additional real estate tax exemption of not more than one hundred percent (100%). Such additional exemption may be granted to persons who qualify for property tax exemption under clause 41C of Section 5 of Chapter 59 of the Massachusetts General Laws, or to take any other action related thereto. Motion adopted unanimously. Article 14: Overlay Transfer To see if the town will vote to transfer from the Fiscal Year 2008 Assessors' Overlay the sum of Four Thousand Five Hundred Dollars and no cents ($4,500.00) to the Fiscal Year 2009 Assessors' Overlay, or to take any other action related thereto. Moved that Four Thousand Five Hundred Dollars and no cents ($4,500.00) be transferred from the Fiscal Year 2008 Assessors' Overlay to the Fiscal Year 2009 Assessors' Overlay. Motion adopted unanimously. Commendation offered by Samuel W.Wakeman Chair of Advisory Committee for Chartis Tebbetts: 24 WHEREAS, since Chartis Tebbetts has lived in Cohasset, she has had a strong ongoing interest in the public affairs of the Town. She has served on numerous committees and held elected office. WHEREAS Chartis Tebbetts was appointed to the Advisory Committee in 2007 and has been a dedicated member for the past 4 years. WHEREAS such dedication and service to the Town can not come without great sacrifice to personal matters and family life: and WHEREAS,the Advisory Committee now recommends this Unanimous Motion for Commendation to Chartis Tebbetts NOW THEREFOR BE IT RESOLVED that the Citizens of Cohasset, assembled at Annual Town Meeting hereby acknowledge and affirm their appreciation to Chartis Tebbetts for her many years of service to the Town of Cohasset. GIVEN under our hands and the seal of the Town of Cohasset on this Thirtieth day of April in the year Two Thousand eleven. Proclamation adopted unanimously. Article 15: Community Septic Program To see if the Town will vote to appropriate a sum of money for the purpose of financing the following water pollution facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; and to meet this appropriation, to see if the town will vote to borrow from the Massachusetts Water Pollution Abatement Trust or otherwise, or to raise and appropriate or transfer from available funds, or to take any other action relative thereto. Moved, that Three Million Dollars ($3,000,000) be appropriated to be spent by the Town Manager with the approval of the Board of Health for the purpose of financing the following water pollution facility projects: repair, replacement and/or upgrade of septic systems,pursuant to agreements with Board of Health and residential property owners, including without limitation all costs thereof as defined in Section I of Chapter 29C of the General Laws; and to meet this appropriation, the Treasurer of the Town, with the approval of the Board of Selectmen is hereby authorized to borrow such sum from the Massachusetts Water Pollution Abatement Trust and to issue bonds and notes of the Town therefore. A 2/3's vote required. Motion adopted by the required 2/3's. 25 Article 16: Senior Center Lease Agreement To see if the Town will vote to authorize the Board of Selectmen,with the assistance of the Town Manager and subject to G.L. c. 30B, to lease property for public senior center purposes and to enter into a lease agreement with the owner of the property for a term not to exceed 3 years; to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes; or to take any other action related thereto. Moved, that the Board of Selectmen be authorized, with the assistance of the Town Manager and subject to G.L. c. 30B,to lease property for public senior center purposes and to enter into a lease agreement with the owner of the property for a term not to exceed 3 years and that the Town raise and appropriate, twenty-six thousand five hundred dollars ($26,500) from the 2012 tax levy and other general revenues to fund the first year of the lease agreement. Motion adopted unanimously. Article 17: General Bylaw Amendment—Date for Annual Town Meeting To see if the Town will vote to amend Article II Section 1 (a) of the General Bylaws by deleting the words "in either March or April of any year and replacing them with the new words "in March,April or May of any year", so that the text of the bylaw after amendment reads as follows: ARTICLE II, SECTION 1. ANNUAL TOWN MEETING a. The Board of Selectmen shall set the date for the Annual Town Meeting on or before December 1st of the preceding year. The Annual Town Meeting shall be held on a Saturday commencing at a time of that day established by the Board of Selectmen at the time of issuance of the warrant in the months March, April or May of any year. The meeting for the election of those officers who by law must be elected by ballot, and for determining, such matters as by law must be decided by ballot, shall take place within the thirty-five (35) days after the opening of the Annual Town Meeting : the time that the polls shall be open for each election shall be determined by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 54, Section 64. Move that Article II Section 1 (a) of the General Bylaws be hereby amended by deleting the words "in either March or April of any year and replacing them with the new words "in March, April or May of any year", so that the text of the bylaw after amendment reads in its entirety as follows: ARTICLE II, SECTION 1. ANNUAL TOWN MEETING a. The Board of Selectmen shall set the date for the Annual Town Meeting on or before December 1st of the preceding year. The Annual Town Meeting shall be held on a Saturday commencing at a time of that day established by the Board of Selectmen at the time of issuance of the warrant in the months March, April or May of any year. The meeting for the election of those officers who by law must be elected by ballot, and for determining, such matters as by law must be decided by ballot, shall take place within the thirty-five (35) days after the opening of the Annual Town Meeting: the time that the polls shall be open for each election 26 shall be determined by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 54, Section 64. Motion adopted unanimously. Article 18: General Bylaw Amendment—No Mailing of Special Town Meeting Warrant To see if the Town will vote to amend Article II Section 2(b) of the General Bylaws by deleting the sentence "In addition thereto, a copy of the warrant printed in some convenient form shall be sent by mail or delivered to each registered voter of the Town at least fourteen (14) days before the day of the appointed Meeting"so that it reads as follows: The Selectmen shall give notice of every Special Town Meeting by causing a constable to post attested copies of the warrant for the Meeting at the Post Office in Town, and in not less than five (5) other public places in the Town, not less than fourteen (14) days before the day appointed for the Meeting." Moved that Article II Section 2(b) of the General Bylaws be hereby amended by deleting the sentence "In addition thereto, a copy of the warrant printed in some convenient form shall be sent by mail or delivered to each registered voter of the Town at least fourteen (14) days before the day of the appointed Meeting"so that it reads as amended, in its entirety as follows: The Selectmen shall give notice of every Special Town Meeting by causing a constable to post attested copies of the warrant for the Meeting at the Post Office in Town, and in not less than five (5) other public places in the Town, and by causing the warrant to be posted on the town website not less than fourteen(14)days before the day appointed for the Meeting." Motion is defeated. Proclamation presented by Stacey Weaver, Chairwoman of the Library Trustees for Sheila Evans. WHEREAS, Sheila Evans was elected to the Board of Trustees of the Paul Pratt Memorial Library in 1966, and has served with honor and distinction over the past 45 years, including many years as Chair; and WHEREAS, Sheila Evans has brought great wisdom and energy to the process of growth and change at our library; and WHEREAS,in 1975, Sheila Evans engineered the gifting of the former library building to the Town and led an effort to expand the space by 40 percent; and WHEREAS,beginning in 1999, Sheila Evans,as a member of the Library Building Committee, labored for four years to make the vision of our new Library a reality, including the raising of $1.7 million from private donors; and WHEREAS, Sheila Evans helped to found the Cohasset Library Trust and now serves on its Board,helping to assure the Library's future; and WHEREAS, Sheila Evans,while providing such dedication and service to the Library, found the time to work on behalf of many other organizations and raise a family that has likewise dedicated itself to community service; and WHEREAS,the Board of Trustees of the Paul Pratt Memorial Library now recommends this Unanimous Motion for Commendation to Sheila Evans, 27 NOW THEREFORE BE IT RESOLVED that the Citizens of Cohasset,assembled at Annual Town Meeting,hereby acknowledge and affirm their appreciation to Sheila S. Evans for her many years of service to the Town of Cohasset. GIVEN under our hands and the seal of the Town of Cohasset on this thirtieth day of April in the year Two Thousand Eleven. Proclamation adopted unanimously. Article 19: Zoning Amendment—Amend Zoning Map To see if the town will vote to rezone certain districts as shown on map entitled Zoning Map Of Cohasset,Mass dated October, 1 1969 and revised 1976, 1985, 2000, 2002 as follows: So that the Highway Business District (HB) area east of Chief Justice Cushing Highway and northwest of Cohasset and Scituate town line, be expanded by 124,634 sq ft. (2.86 acres), indicated in yellow and described as follows: Starting at the Cohasset/Scituate town line at the limits of the existing HB zone,proceed N 52°-52'-10" W a distance of 526.58', thence N 53°-14'-50" E a distance of 38.56',thence N 55°-36'-50"E a distance of 54.63', thence S 37°-28'-00" E a distance of 32.62', thence N 54°-01'-00"E a distance 261.26', thence S 52°-52'-10" E a distance of 481.80', thence S 51°-58'-15" W along the town line a distance of 258.63' back to the point of beginning. Or to take any other action related thereto. (Planning Board). Moved that the Town's Zoning District Map be amended by rezoning certain districts as shown on map entitled Zoning Map Of Cohasset, Mass dated October, 1 1969 and revised 1976, 1985, 2000, 2002 as follows: so that the Highway Business District (HB) area east of Chief Justice Cushing Highway and northwest of Cohasset and Scituate town line, be expanded by 124,634 sq ft. (2.86 acres), indicated in yellow and described as follows: starting at the Cohasset/Scituate town line at the limits of the existing HB zone, proceed N 52°-52'-10" W a distance of 526.58', thence N 53°-14'-50" E a distance of 38.56', thence N 55°-36'-50" E a distance of 54.63', thence S 37°-28'-00" E a distance of 32.62', thence N 54°-01'-00" E a distance 261.26, thence S 52°-52'-10" E a distance of 481.80', thence S 51°-58'-15" W along the town line a distance of 258.63'back to the point of beginning. A 2/3's vote required. Motion adopted unanimously. 28 ARTICLE 20: Zoning Bylaw Amendment—Section 2: Definitions To see if the Town will vote to amend Section 2.1 Definitions by: To see if the Town will vote to amend Section 2.1 Definitions by: a). Adding a new definition: "Permitted Projections: 1). Minor construction elements that extend beyond the main building wall surface, including but not limited to projecting eaves, chimneys, windows, bay windows (that do not provide additional floor area), belt courses, balconies, and like projections which do not project more than three feet. 2). Unenclosed porches, steps, decks or bulkheads,which do not project more than six feet beyond the line of the foundation wall, with a flat landing area that does not exceed(30) square feet in area, is not over four feet above the average level of adjoining ground, and is no closer to the property line than four feet. And, b). Amending the definition of Yard, Required by adding after set forth in Section 5.3.1 — "except for permitted projections" so as to read: "Yard, Required: With respect to any Front Yard, Side Yard, or Rear Yard, the distance required between the principal building and the respective lot lines for such yard in the Table of Area Regulations set forth in Section 5.3.1, except for permitted projections." Moved, that Section 2.1, Definitions, of the Town of Cohasset Zoning Bylaw be amended as follows: a). by adding the following new definition: "Permitted Projections: 1). Minor construction elements that extend beyond the main building wall surface, including but not limited to projecting eaves, chimneys, windows, bay windows (that do not provide additional floor area), belt courses, balconies, and like projections which do not project more than three feet. 2). Unenclosed porches, steps, decks or bulkheads, which do not project more than six feet beyond the line of the foundation wall, with a flat landing area that does not exceed (30) square feet in area, is not over four feet above the average level of adjoining_ground, and is no closer to the property line than four feet. b). by amending the definition of Yard, Required by adding after"set forth in Section 5.3.1" —"except for permitted projections" so as to read: "Yard, Required: With respect to any Front Yard, Side Yard, or Rear Yard, the distance required between the principal building and the respective lot lines for such yard in the Table of Area Regulations set forth in Section 5.3.1, except for permitted projections." Moved that this article be indefinitely postponed. Motion adopted for indefinite postponement. Proclamation presented by Karen Quigley, Chairwoman of the Board of Selectmen for Marion Douglas. 29 WHEREAS Marion L.Douglas has served the Town of Cohasset for the past thirty-two years: nineteen years as Town Clerk and for thirteen years in a variety of other capacities, including Secretary to the Sewer Commission,Board of Health,Building Department and Personnel Committee and As Assistant Town Clerk: WHEREAS, in the conduct of her office she has effectively enforced the requirements of the Open Meeting Law,in addition to the efficient performance of her multifarious duties as Town Clerk: and WHEREAS, a service marked by conscientious effort and proficiency and common sense in administering the interests of the Town, a calm and human approach in dealing with many a problem, and a friendly atmosphere contributing to harmonious public relations; and WHEREAS, she has won the support and admiration of her co-workers and the general populace in the impartial and exemplary fulfillment of her elected duties: NOW THEREFORE,BE IT RESOLVED that we,the Board of Selectmen of the Town of Cohasset, on the occasion of her retirement from public office, acknowledge,on behalf of all those she has productively served,her diligence to the duties of her elected office, and her constant and energetic pursuit of all of its requirements. GIVEN under our hands and the seal of the TOWN OF COHASSET this thirtieth day of April in the year Two Thousand Eleven. Proclamation adopted unanimously. ARTICLE: 21 Zoning By-Law Amendment: Wind Energy Conversion Facility Bylaw To see if the town will vote to amend Section 19.1 striking the words"visual" and "any": 19.1 Purpose and Intent It is the express purpose of this bylaw to accommodate large distributed generation, wind energy conversion facilities, hereinafter referred to as a wind turbine(s), in appropriate locations, while minimizing any adverse vistial safety and environmental impacts of the facilities... To see if the Town will vote to amend Section 19.2 Definitions: replacing the existing "Height"with new wording for"Total Height", adding a new definition for"Tower Height" and"Residence" and modify the existing wording which defines"Flicker": 19.2 Definitions: Total Height: The—height-of-a-tare(s) i-s--meastffedt highest peiPA-r-eaehed by-the blades. The height of the tE)wef will be mo rod to the top of the naselle The height of a turbine(s) is measured from the Pre-Construction Grade to the highest point reached by the blades. Tower Height: The height of the tower is measured from the Pre-Construction Grade to the highest point reached by the nacelle. Residence: A shelter (as a house) in which people live can include commercial apartments/living facilities) Wind Turbine Flickering: The blinking effect while the rotor is in motion. 30 And to amend Section 19.3.3.1 Height striking the existing wording and replacing it with as follows: 19.3.3.1 Height �x�Mines shall have a-maxinnm height e€3 5�t, as- from tl+L-PT,- Ge Grade te-the-highestpeiPA-reached l�-the-naeelle:--the- may-alleve tkis-height exeeeded paFt-e&-dw-speeial-permit preeess-i�the-prejeet preperfent ea-m demefistfa4e th4 the additional height is needed and tha4 the additional beflefits of the higher tower eutweigh an3-fie impaets. Monopole towers af pr-efeffed e€ Wind turbines shall have a maximum Tower Height of 260-feet(80 meters) as measured from the Pre-Construction Grade to the highest point reached by the nacelle. The SPGA may allow this Tower Height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional Tower Height is essential and that the additional benefits of the higher tower outweigh any adverse impacts, but in no case shall tower height exceed 350-feet (100 meters) to the highest point reached by the nacelle. Monopole towers are the required method of support. To see if the Town will vote to strike the current 19.3.3.2 Setback and replace with new wording 19.3.3.2 Setback a) Eaeh wind enefgy eefwefsiefi€ateand its asseeia4ed equipmeshalheemply b) in addition,the following sethaeks shall be observed.: ---In-order to-ensure pxblie safes and-le-preteet the-if4efest ef-neighbefing prepef y owners,--the-miniffpdm dist -mee f e V the-base-affty wind tewer to an3�prepefty a) Each wind energy conversion facility and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located. b) In addition, a wind turbine may not be sited within: (1) a distance equal to the Total Height of the wind turbine from buildings, critical infrastructure, or private or public ways that are not part of the wind energy facility_; (2) three times (3x) the Total Height of the turbine from the nearest existing residential structure or one point five times (1.5x) the Total Height of the turbine from the nearest property line not delineating properties each owned in whole by the applicant. To see if the town will vote to strike section 19.4.1.1 Visual Impact in total Tke-prepenentshall demeastfa4e threugh prejeetsitifi-g-and-prepesed mitigation atthe wind turbine - minimizes aft)- ice- err the- vistial ehafaetef e- surfounding 31 neighbor-glber-hea and-dit-eomffmnity nna�-ineltide, withEfflt ':�..�, infOffflation fegaMing site seleetion,turbine design,buff-er-ing, lighting and eable layetit. To see if the Town will vote to modify current 19.4.2.3 Noise with new wording for sub- sections 1,2,3,4, and 5 as follows and further add wording for post construction noise analysis. 19.4.2.3 Noise The wind turbine and associated equipment shall conform to Massachusetts noise regulations (3 10 CMR 7.10). An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards and shall be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement. Additionally a noise source will be considered in violation of this by-law if the source: 1. Increases the broadband sound level by more than 10 dB(A) above ambient at the property line. (or) 2. Increases the broadband sound level by more than 8dB(A) at the nearest Residence. (or) 3. Produces a "pure tone" condition - when any octave band center frequency_ sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more at the property line or at the nearest permitted Residence. (or) 4. Adds to the noise generated by existing turbines within '/2 mile, such that the cumulative totals of sound level calculations increases the broadband sound level by more than 10 dB(A) above ambient at the property line or increases the broadband sound level by more than 8dB(A)at the nearest Residence. 5. "Ambient"is defined as: a. The background A-weighted sound level that is exceeded 90% of the time "and b. Measured during the hours 7PM-7AM(and) c. No wind turbines within %2-mile of the proposed project in operation. (and) A noise analysis shall be performed within ninety days of initial operation and a certified test repoM prepared by an engineer Board Certified by the Institute of Noise Control Engineering ("INCE") shall be submitted after initial operation of the facility to demonstrate compliance with these noise regulations and with the noise level analysis submitted by the applicant. Additional tests shall be performed from time to time upon the request of the SPGA and certified test reports submitted. If any analyses indicate noise levels in excess of those permitted by regulations, remedial measures shall be undertaken to bring noise levels into compliance. Test methods shall be consistent with Massachusetts Department of Environmental Protection guidelines for noise measurement. 32 To see if the Town will vote to replace the existing 19.4.2.4 Shadowing/Flicker with new wording as follows: 19.4.2.4. Shadowing/Flicker �x�tff-biaes shalhhe sited in-a-manner r-estrltin-slant shadowing er €lieker impaets.--Appheant mum demenstr-ate tliat-this-ef€eet dees-not-have-signifie A shadow flicker analysis shall be performed by a qualified engineer using industry recognized software to determine the worst-case shadow flicker that could be experienced by all private structures occupied during daylight hours within '/2 mile of the base of each turbine. The maximum allowable worst-case daily shadow flicker for each applicable structure shall not exceed 30 minutes for each day. To see if the Town will vote to modify existing 19.7.3 by striking the final sentence and replacing it with new wording as below. 19.7.3 If an applicant fails to remove a wind turbine in accordance with this section of this bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. The SPGA may in its decision require the applicant to provide a form of surety(i.e. post a bond, letter of credit or establish an escrow account or other) at the SPGA's election to cover costs of removal in the event the town must remove the facility. The amount of such surety shall be equal to 150 percent of the cost of removal of the facility as determined by a qualified engineer. The- inelede a-meehanisn3 €ems a-Cost e-wing Adjustment after- 4-0- 4-5-ems. --After 10 and 20 years, the original bond requirement may be adjusted to reflect then-current anticipated decommissioning/deconstruction costs. To see if the Town will vote to add Section 19.10 Conditions of Permit: 19.10. Conditions of Permit In granting a special permit under this section. SPGA may impose conditions and limitations specially designed to safeguard the propea, health, safety, and economic value of occupants of the premises and of other land, as well as the town and its residents. Moved,that Section 19 of the Town of Cohasset Zoning Bylaw be amended as follows: by amending Section 19.1 to strike the words "visual' and "any" as follows: 19.1 Purpose and Intent It is the express purpose of this bylaw to accommodate large distributed generation, wind energy conversion facilities, hereinafter referred to as a wind turbine(s), in appropriate locations, while minimizing-any adverse-vistial safety and environmental impacts of the facilities... by amending Section 19.2 Definitions: to replace the existing "Height" with new wording for "Total Height", to add a new definition for "Tower Height" and "Residence" and to modify the existing wording which defines"Flicker" as follows: 33 19.2 Definitions: Total Height:41he-height e a-t" is- tl highest point-r-eaehed by-the-blades. Pie-height of-the-tewef w414-bi—, meastifedt�tl tope the naeelle. The height of a turbine(s) is measured from the Pre-Construction Grade to the highest point reached by the blades. Tower Height: The height of the tower is measured from the Pre-Construction Grade to the highest point reached by the nacelle. Residence: A shelter (as a house) in which people live (can include commercial apartments/living facilities) Wind Turbine Flickering: The blinking effect while the rotor is in motion. by amending Section 19.3.3.1 Height to strike the existing wording and to replace it as follows: 19.3.3.1 Height Wind 4"ines sh�h-a-ve a-ma*ifftum height s 2C�t, a-s-meastifed €remthe Dre Genst..,,,. Gfadeto the highest peifit-r-eaehed b-y-the-naeelle. SPA me,allow height-to-be- as pa t-of-the-speeial-pefit preeess if-the p ejeet pfepeiient ea rdeffienstfatethet the- height i-s-needed a*d-that the- additional berfe€Ats- e1 the- highef tower outweigh any- adverse impacts: Monopole towers are the pr-efeffed type of suppeA for-wind tff-bines-, Wind turbines shall have a maximum Tower Height of 260-feet (80 meters), as measured from the Pre-Construction Grade to the highest point reached by the nacelle. The SPGA may allow this Tower Height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional Tower Height is essential and that the additional benefits of the higher tower outweigh any adverse impacts, but in no case shall tower height exceed 350-feet (100 meters) to the highest point reached by the nacelle. Monopole towers are the required method of support. by amending Section 19.3.3.2 Setback to strike the existing wording and to replace it with new wording as follows 19.3.3.2 Setback a. Eaeh wind-enefgy eafivefsiaii faei4y asseeiated equipffiefit shall eemply with-the-building setbaek prevision of-the-zening district in b. ift addition,the fellewing sethaeks shall be ebsefved.: —Rrer-lef-to-enswe pxbke-sa€etyLaad-te-pr-eteet the intefest of-�"'�property ewfiefs, fniniffmm distanee€reirrthe base e&-afidwiftd tufbine tewef an�-preperty line in a r-esiden4ial distr-iet, shall be e"al to the total height of the stnaetufe to the highest a) Each wind energy conversion facility and its associated equipment shall comely with the building setback provisions of the zoning district in which the facility is located. 34 b. In addition, a wind turbine may not be sited within: (1) a distance equal to the Total Height of the wind turbine from buildings, critical infrastructure, or private or public ways that are not part of the wind energy facility; (2) three times (3x) the Total Height of the turbine from the nearest existing residential structure; or (3) one point five times (1.5x) the Total Height of the turbine from the nearest property line not delineating properties each owned in whole by the applicant. by striking section 19.4.1.1 Visual Impact in its entirety as follows; gram 4.1.1r Visual impaet The-prepexent shalldemenstfate through prejeet 46n-gand prepesed mifiga4ien that- fl+L- windtff-bine minimizes impaet enrfl+L- vistial of suffetmding neighberheeds ate- #ie- eemmunity; thi-s- ifielude, withe by amending Section 19.4.2.3 Noise with new wording for sub-sections 1,2,3,4, and 5 and further by adding wording for post construction noise analysis as follows. 19.4.2.3 Noise The wind turbine and associated equipment shall conform to Massachusetts noise regulations (3 10 CMR 7.10). An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards and shall be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement. Additionally; a noise source will be considered in violation of this by-law if the source: 1. Increases the broadband sound level by more than 10 dB(A) above ambient at the property line. (or) 2. Increases the broadband sound level by more than 8dB(A) at the nearest Residence. (or) 3. Produces a"pure tone" condition—when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more at the property line or at the nearest permitted Residence. (or) 4. Adds to the noise generated by existing turbines within V2 mile, such that the cumulative totals of sound level calculations increases the broadband sound level by more than 10 dB(A) above ambient at the property line or increases the broadband sound level by more than 8dB(A)at the nearest Residence. 5. "Ambient" is defined as: 35 a. The background A-weighted sound level that is exceeded 90% of the time(and) b. Measured during the hours 7PM-7AM(and) c. No wind turbines within '/z-mile of the proposed project in operation. (and) A noise analysis shall be performed within ninety days of initial operation and a certified test report, prepared by an engineer Board Certified by the Institute of Noise Control Engineering("INCE") shall be submitted after initial operation of the facility to demonstrate compliance with these noise regulations and with the noise level analysis submitted by the applicant. Additional tests shall be performed from time to time upon the request of the SPGA and certified test reports submitted. If any analyses indicate noise levels in excess of those permitted by regulations, remedial measures shall be undertaken to bring noise levels into compliance. Test methods shall be consistent with Massachusetts Department of Environmental Protection guidelines for noise measurement. by replacing the existing 19.4.2.4 Shadowing/Flicker with new wording as follows: 19.4.2.4. Shadowing/Flicker Wind tufbines shy be-sited in-a-mamef Toes-ne4-restift iir sit Aga flieker- impaets. Applieaa4must aemeastfa4e this-ef€eetTees A shadow flicker analysis shall be performed by a qualified engineer using industry recognized software to determine the worst-case shadow flicker that could be experienced by all private structures occupied during daylight hours within Y2 mile of the base of each turbine. The maximum allowable worst-case daily shadow flicker for each applicable structure shall not exceed 30 minutes for each day. by amending Section 19.7.3 to strike the final sentence and to replace it with new wording as follows. 19.7.3 If an applicant fails to remove a wind turbine in accordance with this section of this bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. The SPGA may in its decision require the applicant to provide a form of surety (i.e. post a bond, letter of credit or establish an escrow account or other) at the SPGA's election to cover costs of removal in the event the town must remove the facility. The amount of such surety shall be equal to 150 percent of the cost of removal of the facility as determined by a qualified engineer.44ii—eamettat shall ineltide a-meehanism€e a Cost of-Living gAdjustment after-49-and 4-5-years— After 10 and 20 years, the original bond requirement may be adjusted to reflect then-current anticipated decommissioning/deconstruction costs. by adding the following new Section 19.10 Conditions of Permit: 19.10. Conditions of Permit In granting a special permit under this section, SPGA may impose conditions and limitations 36 specially designed to safeguard the property, health, safety, and economic value of occupants of the premises and of other land, as well as the town and its residents. Motion adopted by the required 2/3's. Proclamation presented by Samuel Wakeman, Chairman of the Advisory Board for Ed Lappen. Whereas,we stand here today to honor Edward `Eddie' Lappen who through his dedication, commitment, enthusiasm and compassion served his community cheerfully and selflessly; and Whereas, among his many contributions to the Town of Cohasset,Ed served as a valued member of the Advisory Committee;was influential in the formation of and a respected member of the Budget Planning Group; and played a key role in the Water Planning Group and the Water/Sewer Audit Committee; and Whereas,Ed was a steadfast member of the Democratic Town Committee; and Whereas,Ed was a beloved and esteemed member of his congregation Sha-Aray Shalom; and Whereas,Ed was committed to environmental issues and green initiatives as a member of Sustainable Cohasset; and Whereas,Ed was a longtime participant in the Appalachia Service Project, leading Cohasset teens to work on home repair in Appalachia,with great sprit,humor and caring for the people of that area; and Whereas,Ed generously gave his time and support to numerous charities and community organizations in Cohasset and Greater Boston; and Whereas,Ed was a successful and respected member of the business community, and gave us that memorable line"It Happens at Lappen's": and Whereas, after stating all his accomplishments we do believe that he was most proud of his role as loving husband, devoted father, doting brother, and steadfast friend, and so we are gathered here today to honor and remember an exceptional person. Therefore,the Board of Selectmen on behalf of the citizens of the Town of Cohasset,with great pride recognizes Edward `Eddie' Lappen as the Cohasset Mariner's Citizen of the Year. Given under our hands and the seal of the Town of Cohasset this sixth day of May in the year Two Thousand and Eleven. Proclamation adopted unanimously. ARTICLE 22: PETITIONED ARTICLE — AMENDMENT OF THE ZONING MAP TO REMOVE A PARCEL FROM THE "VILLAGE BUSINESS DISTRICT" AND ESTABLISHING IT AS A RESIDENCE (A)DISTRICT: 37 To see if the Town of Cohasset will vote to amend the existing Zoning Map of the Town of Cohasset entitled"Town of Cohasset, Massachusetts Zoning District Map", dated March 2002 as amended by the adopted Article 14 of the Annual Town Meeting of 2007 creating the "Village Business District", as follows; By removing the following parcel from the "Village Business District' (District VB) and establishing the same as a "Residence (A) District' parcel. Said property is known as Town Assessors Map 39, Plot 1, addressed as 8 James Lane , Cohasset, and is described more particularly in the deed recorded in the Norfolk County Registry of Deeds in Book 35070 Page 263 recorded August 8,2007 and describes the property as; A certain parcel of land shown on a plan entitled "Plan of Land, James Lane, Cohasset, Mass., surveyed for the Estate of William H. McGaw" by Lewis W. Perkins & Sons, Engineers, dated November 13, 1959, recorded with Norfolk Deeds as Plan No. 688 of 1960, Plan Book 209, bounded and described as follows: WESTERLY: by James Lane 87.52 feet; NORTHERLY: by land of Dorothy C.Wood, 133.71 feet; EASTERLY: by land of the New York,New Haven and Hartford Railroad Company, 186.84 feet; SOUTHERLY and SOUTHWESTERLY: by land of the Town of Cohasset; 190.15 feet; and NORTHERLY: by James Lane,46 feet. Containing 22,117 square feet, according to said plan. Name: Address: Name: Address: Alix White 25 James Lane Judith Nowak 12 Pleasant Street Janet Campbell 14 Pleasant Street Joseph Campbell 14 Pleasant Street Jenna Fegreus 25 North Main Street Jane Fegreus 25 North Main Street Cynthia MacCleave 9 James Lane George MacCleave 9 James Lane Eleanor Coughlin 31 Ash Street Scott Coughlin 31 Ash Street Moved that the subject matter of Article 22 be indefinitely postponed. Motion adopted unanimously. It was moved and seconded at 2 p.m. that this meeting stand adjourned to Saturday, May 7, 2011 for the election of town officers. A True Record,ATTEST: Marion L.Douglas Town Clerk 38