HomeMy WebLinkAboutMinutes - TM - 12/10/2012 - Special Town Meeting Index— Special Town Meeting, December 10, 2012
1. Expand Sewer District to Include the Proposed Senior Center—Indefinitely postponed.
2. Unpaid Bills from Previous Years—Adopted.
3. Supplemental Appropriations to FY 13 Operating Budget—Adopted.
4. Capital Improvements Budget—Adopted.
5. Community Preservation Committee Report& Recommendations
• Sailing Club
• Reconstruction plans for Town Hall {Adopted.
• Milliken Field fence
• Historic Society—restore woodwork, etc. -Adopted.
6. Allocation of Funds for one time cost—Indefinitely postponed.
7. Funding Sewer Betterment Debt Service Stabilization Trust Fund—Adopted.
8. Resolution on Water and Sewer Capital Project for Little Harbor—Adopted.
9. Rescission of Authorized but Unissued Debt—Indefinitely postponed.
10. Amendment to Sewer Enterprise Fund—FYI 3 Budget—Adopted.
11. Authorization to conduct preliminary assessment of sewer expansion—Adopted.
12. Amendment to Water Enterprise Fund—FYI 3 Budget—Adopted.
13. Lease of Town Property for the use of a solar Energy Array—Water Plant—Defeated.
14. An Act to amend the Cohasset Town Manager Act—Defeated.
15. Zoning Bylaw Amendment—Section 2.1 Definitions And,4.2 Table Of Use Regulations: -Defeated.
SPECIAL TOWN MEETING—Monday December 10, 2012
At the Special Town Meeting held on Monday, December 10, 2012 at the Cohasset High School
auditorium the following articles were contained in the warrant and acted upon as follows.
Checkers sworn in by the Town Clerk, Carol L. St. Pierre at 6:00 p.m. were Elizabeth Anderson,
Abigail Alves, Rita Killion-Jones, Debra Krupczak, Rebekah Mattey and Betts Murray.
Tellers sworn in by the Moderator, Daniel Evans were Richard Avery, Alison Callahan, Katherine
Lincoln and Roger Whitley.
The Moderator called the meeting to order at 6:40 p.m. and a quorum of 100 was present at that
time. The registered voters checked in on the voting list totaled for Precinct 1 —239 and Precinct 2
— 184 for grand total of 423.
It was 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.
Citizens recited the pledge of allegiance.
Congressman Stephen Lynch was recognized at this time.
Article: 1 Expand Sewer District to Include the Proposed Senior Center
To see if the Town will vote to authorize the Board of Selectmen and/or the Sewer Commission to
take such steps as may be necessary or advisable to establish, codify, and expand a Cohasset Central
Sewer District that would include the property necessary to allow connection to the proposed Senior
Center, which authorization shall include the authority to petition the General Court for special
legislation authorizing the town to create, by action of town meeting, sewer districts in the town,
and to see if the town will further vote to adopt a bylaw defining such a district, or take any other
action related thereto.
MOVED that the subject matter of this article be indefinitely postponed.
Motion adopted unanimously.
Article: 2 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.
Vendor Amount Department Service
James A. Clark Electric 1,226.44 Fire Electrical Work
Philips Healthcare 738.00 Fire CPR Equipment
Coviello Electric & General
Contracting 2,664.40 DPW Traffic Service Calls
Refunding Escrow Agent
Nixon Peabody LLP 500.00 Finance Services
Eco Systems Pest Mgmt 86.00 Water Service Plan
Loring Lawrence 18,025.00 Water Eminent Domain Taking
American Water 25,396.95 Water Repair&Maintenance
American Water 93,795.03 Water June Operations
142,431.82
MOVED that Five Thousand One Hundred Twenty Eight Dollars and Eighty Four Cents
($5,128.84)be hereby appropriated from FY13 taxation and other general revenues of the Town and
One Hundred and Thirty Seven Thousand Three Hundred Two Dollars and Ninety Eight Cents
($137,302.98)be hereby appropriated from FY13 Water Enterprise Revenue to be expended by the
Town Manager, for the following unpaid bills from prior fiscal years.
Vendor Amount Department Service
James A. Clark Electric $ 1,226.44 Fire Electrical Work
Philips Healthcare $ 738.00 Fire CPR Equipment
Coviello Electric&General Con. $ 2,664.40 DPW Traffic Service Calls
Nixon Peabody LLP $ 500.00 Finance Refunding Escrow Agent Services
$ 5,128.84
Vendor Amount Department Service
Eco Systems Pest Mgmt $ 86.00 Water Service Plan
Loring Lawrence $ 18,025.00 Water Eminent Domain Taking
American Water $ 25,396.95 Water Repair&Maintenance
American Water $ 93,795.03 Water June Operations
$137,302.98
A 9/10's vote required. Motion adopted unanimously.
Article: 3 Supplemental Appropriations to FY 13 Operating Budget
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, for the payment of the salaries and compensation, expenses, equipment and outlays,
capital and otherwise, of the several Town Departments, and to modify the Town Manager's
Department and Employee Organizational Chart, compensation schedule, and appropriations to
complete the fiscal year ending June 30, 2013 or to decrease or otherwise adjust any budget line
item as appropriated by the town at the 2012 Annual Town Meeting, or fund deficits in grants or
any deficits in any accounts, or to take any other action related thereto.
MOVED that Two Hundred Sixty Thousand Dollars ($260,000)be hereby appropriated from
taxation and other general revenues of the Town to the Fiscal 2013 budgetary items set forth below
amending the amounts voted pursuant to Article 9 of the 2012 Annual Town Meeting, which funds
after transfer are to be expended by the Town Manager, to supplement certain departmental budgets
and appropriations as set forth below to complete the fiscal year ending June 30, 2013 as follows:
Finance - Professional Services $8,000
Legal Services $50,000
Police Overtime $92,000
Fire Overtime $60,000
Advisory Reserve Fund $50,000
$260,000
and to meet this appropriation, Fifty Thousand Dollars ($50,000)be hereby transferred from Police
Personnel Services as voted pursuant to Article 9 of the 2012 Annual Town Meeting, and Two
Hundred Ten Thousand Dollars ($210,000)be raised from FY 13 taxation and other general
revenues of the Town.
Motion adopted.
Article: 4 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, or take any other action related thereto.
MOVED that Sixty Nine Thousand Forty One Dollars ($69,041)be hereby appropriated to be spent
by the Town Manager for the purpose of purchasing the following items;
Entity Purpose Amount
Fire Department Command Vehicle Replacement $35,000
Police Portable Radios (5) $18,000
Police Firearm Replacement $16,041
$69,041
And to amend language approved pursuant to Article 12 of the 2012 Annual Town Meeting from
"Police Unmarked Hybrid for Chief'to "Police Frontline Cruiser."
it being understood that the amount appropriated is one number and not the individual parts, and
further that the Town Manager is hereby authorized to distribute such appropriation in such a
manner as may be needed to accomplish the above list of items,provided however, that each item
contained in the list set forth above is undertaken and that any excess funds are available because
one or more of the listed items cost less than was estimated and not because an item intended to be
purchased is not so purchased; and to meet this appropriation Sixty Nine Thousand Forty One
Dollars ($69,041)be hereby transferred from the Capital Stabilization Fund of the Town.
A 2/3's vote required. Motion adopted unanimously.
Article: 5 Community Preservation Committee Report&Recommendations
To see if the Town will vote to adopt and approve recommendations of the Community Preservation
Committee for Fiscal Year 2013; to see if the Town will vote to implement such recommendations
by appropriating a sum or sums of money from the Community Preservation Fund, 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, including but not
limited to restrictions in the name of the Town or enforceable by the Town as may be required by
the Community Preservation Act, or to dispose of or grant such real property interests on Town
property to third parties, or to rescind prior unused appropriations; or to take any action related
thereto.
MOVED THAT: Two Hundred and Sixty Thousand Dollars ($260,000) be appropriated from the
undersigned balance in the Community Preservation Fund for construction of the Sailing Club, to be
expended by the Town Manager; and
Seventy-Five Thousand Dollars ($75,000)be appropriated from the undesignated balance in the
Community Preservation Fund for preparing plans and specifications for the reconstruction of Town
Hall, to be expended by the Town Manager; and
Twenty-Five Thousand Dollars ($25,000)be appropriated from the undersigned balance in the
Community Preservation Fund for a fence at Milliken field along Bancroft Road, to be expended by
the Town Manager; and
Motion(First three paragraphs) adopted.
Thirty Seven Thousand One Hundred and Thirteen Dollars ($37,113)be appropriated from the
undesignated balance the Community Preservation Fund for the Historic Society to replace
molding, restore woodwork and flooring, and preservation of historic artifacts at 106 South Main
Street, to be expended by the Town Manager; and for the Town, acting by and through the Board of
Selectmen, be authorized to acquire a deed restriction on such property pursuant to the Community
Preservation Act.
A 2/3's vote required. Motion adopted by the required 2/3's.
Article: 6 Allocation of Funds for one time cost
To see if the Town will vote to raise and appropriate, transfer from available funds pursuant to any
applicable statute a sum of money as follows:
MOVED that the subject matter of this article be indefinitely postponed.
Motion adopted.
Article: 7 Funding Sewer Betterment Debt Service Stabilization Trust Fund
To see if the Town will fund the Betterment Debt Service Stabilization Trust Fund, per MGL 40
Section 5B, for the purpose of funding debt service payments incurred for sewer project or take any
other action related thereto.
MOVED that Nine Hundred Thousand Dollars ($900,000.00)be transferred from retained earnings
of the Sewer Enterprise Fund to the Betterment Debt Service Stabilization Fund established
pursuant to G. L. chapter 40, section 5B for the purpose of paying debt service on sewer project
borrowings.
A 2/3rd vote required. Motion adopted unanimously.
Article: 8 Resolution on Water and Sewer Capital Project for Little Harbor
To see if the Town will vote to hear and accept a report and the findings of the Executive Summary
of the Analysis of Capital Project Fund Accounting prepared Eric Kinsherf for the Little Harbor
Water and Sewer Capital Projects, or take any other action related thereto.
Presentation of report on Analysis of Capital Project Fund Accounting prepared Eric Kinsherf for
the Little Harbor Water and Sewer Capital Projects. (Copy of report available at Town Clerk's
office or on Town Web Site)
Article: 9 Rescission of Authorized but Unissued Debt
To see if the Town will vote to rescind the balance of borrowings authorized and un-issued debt
pursuant to prior authorization of Town Meeting, or take any other action relative thereto.
MOVED that the subject matter of this article be indefinitely postponed.
Motion adopted.
Proclamation offered by Paul Carlson, Chair of Board of Selectmen for Stephen N. Bobo.
PROCLAMATION
WHEREAS, Stephen N. Bobo, was elected to the Board of Health in 1998 and has served on the
Board with honor and distinction for fifteen years; and
WHEREAS, as a member of the Board of Health, Stephen N. Bobo has brought great wisdom to the
many issues that face our community through his articles in the Cohasset Mariner; and
WHEREAS, as a member of the Board of Health, Stephen N. Bobo has helped the Board discharge
its responsibilities in a very effective and efficient manner; and
WHEREAS, Stephen N. Bobo has also served his community with distinction on both the Water
Resources Protection Committee from 2000-2004 and the Wastewater Committee from 2005-2011;
and
WHEREAS, such dedication and service to the Town cannot come without great sacrifice to
personal matters and family life; and
NOW THEREFORE BE IT RESOLVED, that we, the Board of Selectmen of the Town of
Cohasset, on the occasion of his retirement from public office, acknowledge, on behalf of all those
he has productively served, his diligence to the duties of his elected office, and his constant and
energetic pursuit of all of its requirements.
GIVEN under our hands and the seal of the TOWN OF COHASSET on this tenth day of December
in the year Two Thousand and Twelve.
Proclamation adopted
Article: 10 Amendment to Sewer Enterprise Fund- FY13 Budget
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow
pursuant to any applicable statute to be expended by the Town Manager and the Sewer Commission
for the FYI operating budget and capital projects of the Sewer Enterprise Fund, or take any other
action related thereto.
MOVED that the FY 13 Sewer Enterprise Fund budget for Expenses to be jointly expended by the
Sewer Commission and Town Manager as voted pursuant to Article 20 of the 2012 Annual Town
Meeting be hereby decreased by the amount of Three Hundred and Seven Thousand Eight
Hundred and Fifty-Eight Dollars ($307,858) and further that the funding sources for the FY 13
Sewer Enterprise Fund be hereby amended by reducing the amount appropriated from sewer
enterprise revenue as a source of funds, by Four Hundred and Eleven Thousand Five Hundred and
Forty-Seven Dollars ($411,547) and by now appropriating from retained earnings as an additional
source of funds One Hundred and Three Thousand Six Hundred and Eighty-Nine Dollars
($103,689).
Motion adopted unanimously.
Article: 11 Authorization to conduct preliminary assessment of Sewer expansion
To see if the Town will vote to raise and appropriate, borrow and/or transfer from available funds
pursuant to any applicable statute, from the Sewer Enterprise Fund a sum of Fifty Thousand Dollars
($50,000.00) to be expended jointly by the Sewer Commission and the Town Manager following a
competitive procurement process for the assessment and planning of wastewater facility needs
within the Town and specifically the potential expansion of municipal sewer infrastructure to
address environmental and public health concerns,protection of water supplies, analyze and
evaluate the outflow into harbor, protection of water resources including but not limited to Cohasset
Cove and Harbor, or take any other action related thereto.
MOVED that a sum of Fifty Thousand Dollars ($50,000.00)to be transferred from retained earnings of
the Sewer Enterprise Fund and expended jointly by the Sewer Commission and the Town Manager
following a competitive procurement process for professional services in reference to the
assessment and planning of wastewater facility needs within the Town and specifically the potential
expansion of municipal sewer infrastructure to address environmental and public health concerns,
protection of water supplies, analyze and evaluate the outflow into harbor,protection of water
resources including but not limited to Cohasset Cove and Harbor.
Motion adopted.
Article: 12 Amendment to Water Enterprise Fund- FYI Budget
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow
pursuant to any applicable statute to be expended by the Town Manager and Water Commission for
the FYI operating budget and capital projects of the Water Enterprise Fund, or take any other
action related thereto.
MOVED, that the current schedule of water rates for Rate #1, Metered Residential and Non-
Residential,be amended to reduce the charge per 100 cubic feet per quarter for step one (0-2,000
c.f./quarter) from $5.68 to $5.11 and for step two (2,001 or more c.f./quarter) from $11.35 to
$10.22; and that the Expenses line of the FY 13 Water Enterprise Fund Annual Budget as voted
pursuant to Article 33 of the 2012 Annual Town Meeting be increased by the amount of One
Hundred and Eighty Thousand Three Hundred and Forty-Three Dollars ($180,343) to be jointly
expended by the Water Commission and Town Manager, and to meet this increased budget, One
Hundred and Eighty Thousand Three Hundred and Forty-Three Dollars ($180,343)be hereby
appropriated from Water Enterprise Fund FY 13 revenues.
Amendment offered by Leonora Jenkins, Water Commissioner.
MOVED THAT: The current schedule of water rates for Rate 2- Capital Recovery Charge be
amendes to recuce the charge for meters as follows, effective on or about April 15, 2012.
METER SIZE CHARGE PER QUARTER
1 '/2" or smaller from $ 187 to $ 168
2" from $ 542 to $ 488
3" from $1056 to $ 951
4" from $1547 to $1393
Amended motion defeated.
Main motion adopted.
Article: 13 Lease of Town Property for the use of a Solar Energy Array—Water Plant
To see if the Town will vote to authorize the Board of Water Commissioners,pursuant to G.L. c.
40, section 15A, to have the care and custody of a portion of that property located at 339 King
Street and known as Town of Cohasset Map 60, Parcel 1 for the purposes of leasing all or a portion
of such property for a lease term not to exceed a total of thirty (30) years for the purposes of
constructing, installing, operating and maintaining a solar energy array to provide electrical energy
to the town of Cohasset via a net metering agreement or other similar agreement to reduce the
energy costs incurred by the operation of Water Department facilities and to the extent excess
capacity on the solar energy array exists, to reduce the Town's energy costs; and further to the
extent required, to authorize the Board of Selectmen, with the Board of Water Commissioners'
approval, to request the Town's representatives to the General Court to petition the General Court
for enactment of a special act to effectuate such lease; or to take any other action related thereto.
MOVED to authorize the Water Commissioners, pursuant to G.L. c. 40, section 15A, to have the
care and custody of a portion of that property located at 339 King Street and known as Town of
Cohasset Map 60, Parcel 1 for the purposes of leasing all or a portion of such property for a lease
term not to exceed a total of thirty (30) years for the purposes of constructing, installing, operating
and maintaining a solar energy array to provide electrical energy to the town of Cohasset via a net
metering agreement or other similar agreement to reduce the energy costs incurred by the operation
of Water Department facilities and to the extent excess capacity on the solar energy array exists, to
reduce the Town's energy costs; and further to the extent required, to authorize the Board of
Selectmen, with the Board of Water Commissioners' approval, to request the Town's
representatives to the General Court to petition the General Court for enactment of a special act to
effectuate such lease.
A 2/3's vote required. Motion defeated.
Article: 14 An Act to amend the Cohasset Town Manager Act
To see if the Town will vote to petition the General Court for home rule legislation and to
request the town's representatives in the General Court to introduce home rule legislation to amend
the last sentence in section 3(i) of Town Manager Act (chapter 34 of the acts of 1997 and as
amended by chapter 421 of the acts of 1998 and chapter 330 of the acts of 2000) as set forth below
"Section 3 (i) No per-se n present or former selectman of the town held„g elee ve of appointive
e e i the t,,w shall, within ene ye r fifteen months (15) of holding such office be eligible to be
appointed to the position of town manager"
and to authorize the General Court with the approval of the Board of Selectmen to make
constructive changes in perfecting the language of the proposed legislation in order to secure
passage, such legislation to read substantially as follows:
An Act to amend the Cohasset Town Manager Act
Section 1. The last sentence of paragraph(i) of section 3 of chapter 34 of the acts of 1997 and as
amended by chapter 421 of the acts of 1998 and chapter 330 of the acts of 2000 (the Cohasset Town
Manager Act), is hereby deleted and the following sentence inserted in place: -"No present or
former selectman of the town shall, within fifteen months (15) of holding such office, be eligible to
be appointed to the position of town manager."
Section 2. This Act shall take effect upon passage.
or take any other action related thereto.
MOVED that the Board of Selectmen be hereby authorized to petition the General Court for home
rule legislation to amend the last sentence in section 3(i) of Town Manager Act(chapter 34 of the
acts of 1997 and as amended by chapter 421 of the acts of 1998 and chapter 330 of the acts of 2000)
as set forth below and to authorize the General Court with the approval of the Board of Selectmen
to make constructive changes in perfecting the language of the proposed legislation in order to
secure passage, such legislation to read substantially as follows:
An Act to amend the Cohasset Town Manager Act
Section 1. The last sentence of paragraph(i) of section 3 of chapter 34 of the acts of 1997 and as
amended by chapter 421 of the acts of 1998 and chapter 330 of the acts of 2000 (the Cohasset Town
Manager Act), is hereby deleted and the following sentence inserted in place: -"No present or
former selectman of the town shall, within fifteen months (15) of holding such office, be eligible to
be appointed to the position of town manager."
Section 2. This Act shall take effect upon passage.
Secret ballot ordered by Moderator. Yes 158 No 188 Motion defeated.
Article: 15 Zoning Bylaw Amendment—Section 2.1 Definitions And, 4.2 Table Of Use Regulations:
To see if the Town will vote to amend Section 2.1 DEFINITIONS; by adding thereto in their appropriate
alphabetical location the following definitions:
"Veterinarian Hospital: A facility providing veterinary medical services to domestic and household pets,
farm animals, and livestock and wild animals on an out-patient and in-patient basis, including, without
limitation the performing of clinical services, surgical services, research and in-patient care for such
animals."
"Veterinarian Practice: A location where veterinary medical services are provided within a building to
household pets on primarily an out-patient and clinical basis where the animal is seen, treated and does not
remain on the premises for a time greater than that necessary to provide the clinical services; and minor
surgical procedures on such pets with no more than three animals being retained at any one time on such in-
patient basis."
"Pet Grooming Facility: A location that provides services within a building to domestic and household pets
including,washing,brushing,nail care and other minor cosmetic procedures." And, further:
To see if the Town will vote to amend Section 4: USE REGULATIONS by adding to the Table of Use
Regulations under Section 4.2 under the heading `Retail& Services' the following:
Official&Open
Residential Non-Residential Space District
USE R-A R-B R-C DB VB WB HB TB LI OS
Retail& Services
"Veterinarian Practice No No No SP SP No SP SP SP No
Dog Grooming Facility No No No Yes Yes No Yes Yes Yes No"
Or to take any other action related
MOVED,that Section 2.1 DEFINITIONS of the Zoning Bylaw be amended by adding thereto in their
appropriate alphabetical location the following definitions:
"Veterinarian Hospital: A facility providing veterinary medical services to domestic and household
pets, farm animals, and livestock and wild animals on an out-patient and in-patient basis, including,
without limitation the performing of clinical services, surgical services, research and in-patient care
for such animals."
"Veterinarian Practice: A location where veterinary medical services are provided within a building
to household pets on primarily an out-patient and clinical basis where the animal is seen, treated and
does not remain on the premises for a time greater than that necessary to provide the clinical
services; and minor surgical procedures on such pets with no more than three animals being retained
at any one time on such in-patient basis."
"Pet Grooming Facility: A location that provides services within a building to domestic and
household pets including, washing, brushing, nail care and other minor cosmetic procedures."
And further moved that Section 4.2: TABLE OF USE REGULATIONS of the Zoning Bylaw be
amended by adding under the heading `Retail & Services' the following:
Official & Open
Residential Non-Residential Space District
USE R-A R-B R-C DB VB WB HB TB LI OS
Retail & Services
Veterinarian Practice No No No SP SP No SP SP SP No
Pet Grooming Facility No No No Yes Yes No Yes Yes Yes No
A 2/3'S vote required. Hand count: Yes 79 No 76. Motion defeated.
It was moved and seconded that this Special Town Meeting be dissolved at 10:50 p.m.
A True Record, ATTEST:
Carol L. St. Pierre
Town Clerk