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HomeMy WebLinkAboutMinutes - TM - 04/28/2014 - Annual Town Meeting TOWN OF COHASSET Annual Town Meeting—April 28, 2014 At the Annual Town Meeting held on Monday April 28, 2014 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, Carol L. St. Pierre at 6:30 p.m. were Elizabeth Anderson, Jody Doyle, Kelly Grech, Rita Killion-Jones, Debra Krupczak and Rebekah Mattey. Tellers were appointed and sworn in by the Moderator, Daniel Evans. The Moderator called the meeting to order at 7:14 p.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled 300. Precinct 1 — 176 voters and precinct 2— 124. Citizens recited the pledge of allegiance. A moment of silence was observed for citizens listed in the memoriam of the town report. 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 2013, or take any other action related thereto. MOVED that the reports of the various Town Officers as printed in the Annual Town Report for 2013,be accepted and placed in 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 subject matter of this article be indefinitely postponed. Motion to indefinitely postpone 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. MOVED that Forty Four Million Fifty Eight Thousand Six Hundred Seventy Nine Dollars ($44,058,679) be appropriated for the Fiscal Year 2015 Annual Town Budget to be allotted as follows: $85,883 for salaries of elected Town Officials consisting of the Town Clerk $75,366; Clerk, Board of Registrars (4) at $329 each, total of $1,316; Moderator, $1; Selectmen, Chairman $1,500; Members (4) at $1,000 each, total of$4,000; Board of Assessors, Chairman, $1,300; Members (2) at $1,200 each, total $2,400; and the remaining $43,972,796 for Personal Services, Expenses, and Capital Outlays, interest on Maturing Debt and other charges for various departments, as is further described in Appendix A in the Warrant, and to meet the appropriation, the following transfers are made: $2,323,730 from Sewer Enterprise Revenue, $4,795,325 from Water Enterprise Revenue, $65,338 from School Construction Surplus Fund, $25,900 from Reserve for Community Preservation Debt, $239,217 from Capital Stabilization Fund, $5,000 from Wetland Fund, $75,000 from Title V Betterment Fund, $12,314 from Sewer Capital Stabilization Fund, AND $36,516,855 is raised from taxation and other general revenues of the Town. FISCAL 2015 GENERAL FUND OPERATING BUDGET FISCAL FISCAL FISCAL FISCAL FISCAL 2015 2012 2013 2014 2015 BUDGET BUDGET BUDGET REQUESTE RECOMMEN D DED ADMINISTRATIVE SERVICES Moderator Personal Services $573 $500 $500 $500 $500 Total $573 $500 $500 $500 $500 Board of Selectmen Personal Services $5,500 $8,100 $8,100 $8,100 $8,100 General Expenses $61,300 $228,818 $230,521 $230,357 $219,850 Total $66,800 $236,918 $238,621 $238,457 $227,950 Town Manager Personal Services $327,161 $336,541 $388,974 $390,465 $390,465 General Expenses $36,300 $51,300 $43,675 $45,000 $45,000 Total $363,461 $387,841 $432,649 $435,465 $435,465 Human Resource Management Salaries&Expenses $50,000 $50,000 Total $0 $0 $0 $50,000 $50,000 Advisory Committee General Expenses $345 $360 $360 $360 $360 Reserve Fund $100,000 $100,000 $200,000 $200,000 $200,000 Total $100,345 $100,360 $200,360 $200,360 $200,360 Director of Finance Personal Services $128,045 $164,460 $180,324 $168,772 $164,011 General Expenses $39,898 $65,597 $51,102 $115,324 $106,624 Total $167,943 $230,057 $231,426 $284,096 $270,635 Board of Assessors Personal Services $163,521 $182,134 $190,874 $200,697 $200,697 General Expenses $29,180 $15,750 $13,000 $21,000 $21,000 Total $192,701 $197,884 $203,874 $221,697 $221,697 Treasurer/Collector Personal Services $161,499 $195,398 $244,898 $242,204 $243,757 General Expenses $39,165 $32,335 $38,200 $49,640 $49,640 Total $200,664 $227,733 $283,098 $291,844 $293,397 Legal Services Town Counsel Services $200,000 $200,000 $200,000 $180,000 $175,000 Total $200,000 $200,000 $200,000 $180,000 $175,000 Chief Technology Office Personal Services $120,950 $174,874 $174,874 General Expenses $29,050 $25,126 $25,126 Total $0 $0 $150,000 $200,000 $200,000 Town Clerk Personal Services $78,698 $122,513 $125,391 $139,865 $139,865 General Expenses $8,925 $6,500 $8,650 $10,000 $10,000 Total $87,623 $129,013 $134,041 $149,865 $149,865 Permits&Inspections Personal Services $55,554 $104,327 $134,753 $143,784 $143,784 General Expenses $42,947 $26,500 $27,040 $27,040 $27,040 Total $98,501 $130,827 $161,793 $170,824 $170,824 Unclassified General Expenses $509,210 $364,710 $363,710 $319,710 $314,210 Total $509,210 $364,710 $363,710 $319,710 $314,210 ADMINISTRATIVE TOTAL $1,987,821 $2,205,843 $2,600,072 $2,742,818 $2,709,903 PUBLIC SAFETY Police Department Personal Services $1,729,115 $1,608,338 $1,650,667 $1,922,054 $1,804,301 General Expenses $138,300 $338,825 $392,000 $400,875 $428,375 Total $1,867,415 $1,947,163 $2,042,667 $2,322,929 $2,232,676 Fire Department Personal Services $1,809,857 $1,860,388 $1,907,300 $2,038,404 $2,023,497 General Expenses $195,750 $196,625 $174,400 $192,579 $187,280 Total $2,005,607 $2,057,013 $2,081,700 $2,230,983 $2,210,777 Inspections Personal Services $80,007 $85,983 $84,694 $86,893 $86,893 General Expenses $34,682 $44,132 $49,800 $52,800 $50,500 Total $114,689 $130,115 $134,494 $139,693 $137,393 Emergency Management Personal Services $350 $3,000 $3,000 $5,000 $3,000 General Expenses $5,000 $8,000 $15,000 $36,000 $23,000 Total $5,350 $11,000 $18,000 $41,000 $26,000 Harbormaster Personal Services $70,200 $72,195 $79,971 $83,132 $88,132 General Expenses $14,400 $17,650 $19,900 $21,600 $21,600 Total $84,600 $89,845 $99,871 $104,732 $109,732 Shellfish Constable Personal Services $475 $475 $475 $475 $475 Total $475 $475 $475 $475 $475 PUBLIC SAFETY TOTAL $4,078,136 $4,235,611 $4,377,207 $4,839,812 $4,717,053 EDUCATION SERVICES Cohasset Schools Salaries&Expenses $15,402,478 $15,866,062 $16,237,032 $16,957,496 $16,957,496 Total $15,402,478 $15,866,062 $16,237,032 $16,957,496 $16,957,496 South Shore Voc.Tech Vocational Assessment $45,106 $136,635 $140,051 $84,721 $84,721 Total $45,106 $136,635 $140,051 $84,721 $84,721 EDUCATION TOTAL $15,447,584 $16,002,697 $16,377,083 $17,042,217 $17,042,217 PUBLIC WORKS/FACILITIES Dept.of Public Works Personal Services $792,618 $853,728 $702,539 $738,312 $738,312 General Expenses $316,100 $228,650 $241,600 $241,600 $235,600 Total $1,108,718 $1,082,378 $944,139 $979,912 $973,912 Snow&Ice Control General Expenses $125,000 $125,000 $125,000 $125,000 $125,000 Total $125,000 $125,000 $125,000 $125,000 $125,000 Street Lighting General Expenses $80,000 $75,000 $50,000 $50,000 $45,000 Total $80,000 $75,000 $50,000 $50,000 $45,000 Transfer Station Personal Services $0 $0 $163,841 $181,382 $181,382 General Expenses $277,000 $257,000 $292,850 $292,850 $284,350 Total $277,000 $257,000 $456,691 $474,232 $465,732 Facilities Management Personal Services $267,183 $260,111 $272,125 $286,727 $286,727 General Expenses $343,800 $350,400 $385,900 $410,600 $389,050 Total $610,983 $610,511 $658,025 $697,327 $675,777 PUB WORKS/FACILITIES TOTAL $2,201,701 $2,149,889 $2,233,855 $2,326,471 $2,285,421 HEALTH&WELFARE Board of Health Personal Services $129,597 $139,518 $123,402 $128,980 $128,980 General Expenses $4,550 $19,055 $19,300 $20,300 $19,300 Total $134,147 $158,573 $142,702 $149,280 $148,280 Elder Affairs Personal Services $164,360 $199,690 $210,248 $231,700 $231,700 General Expenses $20,350 $38,700 $39,200 $43,592 $43,592 Total $184,710 $238,390 $249,448 $275,292 $275,292 Veterans Services Personal Services $0 $10,400 $15,600 $16,400 $16,400 General Expenses $39,200 $83,720 $96,950 $97,450 $97,850 Total $39,200 $94,120 $112,550 $113,850 $114,250 HEALTH&WELFARE TOTAL $358,057 $491,083 $504,700 $538,422 $537,822 CULTURE&RECREATION Library Personal Services $398,729 $417,145 $427,016 $463,601 $463,601 General Expenses $88,163 $103,012 $102,981 $113,272 $99,272 Total $486,892 $520,157 $529,997 $576,873 $562,873 Recreation Personal Services $126,394 $101,389 $108,019 $118,232 $113,902 General Expenses $2,677 $0 $0 $0 $0 Total $129,071 $101,389 $108,019 $118,232 $113,902 Common Historical Com. General Expenses $50 $50 $50 $50 $50 Total $50 $50 $50 $50 $50 Historical Preservation Personal Services $800 $800 $600 $600 $600 General Expenses $100 Total $900 $800 $600 $600 $600 Celebrations General Expenses $2,500 $2,500 $0 $0 $0 Total $2,500 $2,500 $0 $0 $0 CULTURE&RECREATION TOTAL $619,413 $624,896 $638,666 $695,755 $677,425 DEBT SERVICE Principal&Interest $3,593,450 $3,429,770 $3,405,573 $3,262,518 $3,262,518 DEBT SERVICE TOTAL $3,593,450 $3,429,770 $3,405,573 $3,262,518 $3,262,518 BENEFITS&INSURANCE Pension Assessment County Assessment $1,323,182 $1,388,631 $1,485,835 $1,591,141 $1,591,141 Total $1,323,182 $1,388,631 $1,485,835 $1,591,141 $1,591,141 Workers Compensation General Expenses $112,000 $123,200 $129,360 $135,828 $135,828 Total $112,000 $123,200 $129,360 $135,828 $135,828 Unemployment General Expenses $10,000 $20,000 $20,000 $20,500 $7,500 Total $10,000 $20,000 $20,000 $20,500 $7,500 Health Insurance General Expenses $3,135,360 $3,155,879 $3,376,791 $3,570,467 $3,570,467 Total $3,135,360 $3,155,879 $3,376,791 $3,570,467 $3,570,467 Life Insurance General Expenses $9,000 $9,000 $9,360 $9,360 $9,360 Total $9,000 $9,000 $9,360 $9,360 $9,360 Medicare Tax General Expenses $257,000 $267,280 $277,971 $284,920 $284,920 Total $257,000 $267,280 $277,971 $284,920 $284,920 Property&Liability General Expenses $247,150 $255,765 $268,553 $281,981 $281,981 Total $247,150 $255,765 $268,553 $281,981 $281,981 BENEFITS&INSURANCE TOTAL $5,093,692 $5,219,755 $5,567,870 $5,894,197 $5,881,197 GENERAL FUND GRAND TOTAL $33,379,854 $34,359,544 $35,705,026 $37,342,210 $37,113,556 SEWER ENTERPRISE FUND(indirect $2,927,386 $2,657,897 $2,484,667 $2,242,921 $2,242,921 costs included in General Fund budget) WATER ENTERPRISE FUND(indirect $4,611,747 $4,579,173 $4,586,481 $4,702,202 $4,702,202 costs included in General Fund budget) Motion adopted by the requisite 2/3's vote. Article 4: 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 of the Town, the Water Commission and/or Sewer Commission from previous fiscal years, or to take any other action related thereto. MOVED that the following unpaid bills of the Town, and Sewer Commission from previous fiscal years, be paid, as follows: General Fund: South Shore Auto Parts $140.59 James A. Clark Electric, Inc. $170.00 Quincy Medical Center $878.00 Total $1,188.59 AND to meet this appropriation, One Thousand One Hundred Eighty Eight Dollars and Fifty Nine cents ($1,188.59)be transferred from the Stabilization Fund. Sewer Enterprise Fund: Rosano-Davis Sanitary Pumping, Inc $9,025.00 AND TO meet this appropriation,Nine Thousand Twenty Five Dollars ($9,025)be transferred from Sewer Enterprise Fund retained earnings. An 8/10's vote required. Motion adopted unanimously. Article 5: Supplemental Appropriations for Fiscal 2014 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, 2014 or to decrease or otherwise adjust any budget line item as appropriated by the town at the 2013 Annual Town Meeting or the November 23, 2013 Special Town Meeting, or to take any other action related thereto. MOVED that Two Hundred Eighty Eight Thousand Five Hundred Forty Five Dollars and Twenty Seven cents ($288,545.27) be hereby appropriated for the items set forth below amending the amounts appropriated by the Town pursuant to the 2013 Annual Town Meeting held on April 22, 2013 and/or the Special Town Meeting held on November 23, 2013, which funds are to be expended by the Town Manager, to supplement certain departmental budgets and appropriations and to fund other deficits below to complete the fiscal year ending June 30, 2014 as follows: Additional appropriations: General Fund Treasurer/Collector Expenses $9,500.00 Town Counsel $30,000.00 Police Personnel $10,000.00 Police Expenses $18,390.00 Fire Personnel $25,000.00 Snow &Ice $111,374.00 Street Lights $35,000.00 Unemployment $20,000.00 Water Operating Expenses $29,281.27 Total: $288,545.27 Funding Sources: General Fund Finance Personnel $25,000.00 Treasurer/Collector Personnel $36,500.00 South Shore VoTech $13,980.00 Transfer Station $30,000.00 Debt Service $14,500.00 County Pension $39,344.00 Stabilization Fund $99,940.00 Water Insurance Proceeds > $20,000 $29,281.27 Total: $288,545.27 A 2/3's vote required. Motion adopted unanimously. Article 6: Stabilization Funds 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, the OPEB Trust Fund and the Stabilization Fund, or to take any other action related thereto. MOVED that the following amounts be appropriated to be deposited in the following stabilization funds: One Million Dollars ($1,000,000) into the Capital Stabilization Fund; One Hundred Thousand Dollars ($100,000) into the OPEB Trust Fund; and Two Hundred Thousand Dollars ($200,000) into the Town Stabilization Fund. AND TO meet these appropriations, One Million Three Hundred Thousand Dollars ($1,300,000) be raised and appropriated from taxation and other general revenues of the Town. A 2/3's vote required. Motion adopted unanimously. Article 7: 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. MOVED that Nine Hundred Forty Four Thousand Three Hundred Thirty Two Dollars and Seventeen Cents ($944,332.17)be appropriated to be spent by the Town Manager with the approval of the Board of Selectmen for the purpose of purchasing certain items or services relating to capital or property, as set forth below; Department Project Description Amount Public Works Landfill Gas Remediation System $20,000 Container for Glass Recycling $11,000 35,OOO1b Dump Truck $130,000 Bridge Repairs (82 Border Street) $18,000 Bow Street Causeway repairs $158,000 Project Management Asset List Compilation $20,000 Finance Softright Software Acquisition $34,606 Fire Fire Station Upgrades $30,000 Heavy Rescue tools $8,726.17 Police Marked Police Cruiser $35,000 Unmarked Police Cruiser $27,000 Harbormaster Pump-out Boat $100,000 Schools/Town Completion of IT Infrastructure $57,000 Schools Osgood Fire Alarm System $60,000 Osgood HVAC Controls $100,000 Security Cameras $30,000 IT Master Plan $30,000 Bus Acquisition(Lease) $75,000 Total $944,332.17 AND to meet this appropriation, $2,178 in funds remaining after the purchase of a School Bus, pursuant to Article 12 from the Annual Town Meeting of May 12, 2012; $7,020.10 remaining after the purchase of a One Ton Dump Truck, and $4,434 remaining from the purchase of Heart Monitor/Defibrillator equipment, both pursuant to Article 7 from the Annual Town Meeting of April 22, 2013; and $4,292.17 remaining after the purchase of Heavy Rescue Equipment pursuant to Article 2 of the Special Town Meeting of November 13, 2007 be hereby transferred from their respective Capital Project Accounts, and $926,407.90 be hereby transferred from the Town's Capital Stabilization Fund. Provided, however that the amounts listed above for particular projects are not to be construed as individual appropriations but instead the sums shown are intended to be estimates of individual projects but the amount appropriated is one line item in the total sum of$944,332.17. The Town Manager, with the approval of the Board of Selectmen, is hereby authorized to distribute such funds in such a manner as may be needed to accomplish the forgoing list of projects, provided further, however, that the excess funds are available because one or more items cost less than estimated and not because an item intended to be procured is not so procured. Motion adopted by the requisite 2/3's vote. Article 8. Facilities Stabilization Fund Proiects 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 Facilities Improvements, or take any other action related thereto. MOVED that One Hundred Thousand Dollars ($100,000)be hereby appropriated to be spent by the Town Manager with the approval of the Board of Selectmen for the following purposes, and to meet this appropriation $100,000 be hereby transferred from the Town's Facilities Stabilization Fund, as follows: • Paul Pratt Library/Painting/Outside Trim $35,000 • Inspection&Evaluation of Main Electrical Switch Gear at MS —HS $5,000 • Installation of Utility Sink at Town Hall Nurse's Office $3,000 • Possible Replacement Pickup up Bed for Facilities Service Vehicle $3,000 • Window and Door/Painting Work/Town Buildings $10,000 • Proactive replacement of HVAC components/Town Buildings $10,000 • Purchase of nonperishable stock items in bulk for future use such $14,000 as custodial supplies/air filters,belts and other parts • Work on punch list of small projects that have been identified by $20,000 the Facilities Department and approved by the Town Manager Provided, however that the amounts listed above for particular projects are not to be construed as individual appropriations but instead the sums shown are intended to be estimates of individual projects but the amount appropriated is one line item in the total sum of $100,000. The Town Manager, with the approval of the Board of Selectmen, is hereby authorized to distribute such funds in such a manner as may be needed to accomplish the forgoing list of projects. A 2/3's vote required. Motion adopted unanimously. Article 9: Funds for Road Repair and Maintenance 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 $150,000 to be allocated for road repairs and maintenance projects as identified by the Department of Public Works, or take any other action related thereto. MOVED that One Hundred Fifty Thousand Dollars ($150,000)be appropriated to be spent by the Town Manager for road repairs and maintenance projects as identified by the Department of Public Works, AND TO meet this appropriation, One Hundred Fifty Thousand Dollars ($150,000)be raised and appropriated from taxation and other general revenues of the Town. Motion adopted unanimously. Article 10: Allocation of Funds for One Time Cost 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 for funding one time expenditures and projects, or take any other action related thereto. MOVED that One Hundred Fifty Thousand Dollars ($150,000)be appropriated to be spent by the Town Manager for the following purposes: • One Hundred Thousand Dollars ($100,000) for various projects and equipment for Town Buildings under the jurisdiction of the Facilities Department • Fifty Thousand($50,000) to create and implement a Performance Management Program for Town operations AND TO meet this appropriation, One Hundred Fifty Thousand Dollars ($150,000) be raised and appropriated from taxation and other general revenues of the Town. A majority vote required. Motion adopted. Article 11: Massachusetts General Laws Chapter 91 Liability To see if the Town will vote to assume liability in the manner provided by the MGL Chapter 91, Section 29, as amended, for all damages that may be incurred by the work to be performed by the Massachusetts Department of Environmental Protection for the improvement, development maintenance, and protection of tidal and non-tidal rivers and streams, great ponds, harbors, tidewaters, foreshores, and shores along a public beach in accordance with Section 11 of said Chapter 91 and to authorize the Selectmen to execute and deliver bond on indemnity therefore to the Commonwealth, or take any other action related thereto. MOVED that liability be assumed by the Town of Cohasset in the manner provided by the MGL Chapter 91, Section 29, as amended, for all damages that may be incurred by the work to be performed by the Massachusetts Department of Environmental Protection for the improvement, development maintenance, and protection of tidal and non-tidal rivers and streams, great ponds, harbors, tidewaters, foreshores, and shores along a public beach in accordance with Section 11 of said Chapter 91 and that the Board of Selectmen be hereby authorized to execute and deliver bond on indemnity therefore to the Commonwealth A majority vote required. Motion adopted. Article 12: Transfer of Funds from 1995 Dredging Appropriation to 2014 Dredging Proiect To see if the Town will vote to transfer from the Dredging Fund established at the November 6, 1995 Special Town Meeting(Article 5),the sum of$41,345.95 to help offset costs for the 2014 Harbor Dredging project, such funds to be expended by the Town Manager in consultation with the Harbormaster, or take any other action related thereto. MOVED that the sum of$41,345.95 be appropriated from the Dredging Fund established at the November 6, 1995 Special Town Meeting (Article 5) to be expended by the Town Manager in consultation with the Harbormaster for the 2014 Harbor Dredging project; and the Board of Selectmen be authorized to acquire, by purchase, gift or eminent domain, and to grant to the United States Army Corps of Engineers, temporary easements over Sandy Beach and Government Island, in such areas approximately as shown on the sketch plans containing three pages and entitled "Cohasset Harbor, MA, Federal Navigation Maintenance Dredging, Town of Cohasset, MA" for harbor dredging project purposes, with the goal to expend merely nominal consideration for these temporary easements. A 2/3's vote required. Motion adopted unanimously. Article 13: Town Hall Restoration Study 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 for the Town Manager to engage various professionals to undertake further evaluations, engineering, site analysis and related work for the Town Hall Restoration project, or take any other action related thereto. MOVED that Sixty Five Thousand Dollars ($65,000) be appropriated for the Town Manager to engage various professionals to undertake supplementary analysis and study for the proposed restoration and reconstruction of Town Hall, including: a site survey, title work, geotechnical borings, and soil analysis for the Town Hall property; a review of possible construction methods to determine the most cost effective method for any potential project; a review of the cost estimates contained in the recently completed feasibility study; and support for additional public meetings and forums on the scope of any restoration and reconstruction project and any costs ancillary and related thereto, and to meet this appropriation, $65,000 be hereby transferred from the Town's Capital Stabilization Fund. Motion adopted by the requisite 2/3's vote. PROCLAMATION WHEREAS,Peter J. DeCaprio was appointed to the Water Commission in 2010 and elected in 2011 and has served on the Board with honor and distinction for four years; and WHEREAS, as a member of the Water Commission,Peter J. DeCaprio has helped the Board discharge its responsibilities in a very effective and efficient manner especially in the area of finances,the completion of the cell and emergency communication antenna installations on the Bear Hill Tank and the general management of the Cohasset Water Company; and WHEREAS,Peter J. DeCaprio has also served his community with distinction on both the Capital Budget Committee from 2006 and the Water Planning Group in 2010; and WHEREAS, as a member of the aforementioned boards,Peter J.DeCaprio has brought great wisdom to the many issues that face our community; 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 completing his time with the Water Department, 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 twenty-eighth day of April in the year Two Thousand and Fourteen. BOARD OF SELECTMEN Frederick Koed,Chairman Diane Kennedy Martha Gjesteby Stephen Gaumer Karen Quigley Voted in favor of the proclamation. Article 14: Additional Real Estate Exemptions 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 (100%). Such additional exemption may be granted to persons who qualify for property tax exemptions under clauses 17, 17C 1/2, 171), 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 4113, 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 41 C of Section 5 of Chapter 59 of the Massachusetts General Laws, or take any other action related thereto. MOVED that Section 4 of Chapter 73 of the Acts of 1986 be hereby accepted to grant an additional real estate tax exemption of not more than one hundred percent (100%), where such additional exemption may be granted to persons who qualify for property tax exemptions under clauses 17, 17C 12, 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 further, that the amendment of Clause 41 C in accordance with Chapter 184, Section 51 of the Acts of 2002, be hereby accepted to subsequently grant an additional real estate tax exemption of not more than one hundred percent (100%) where such additional exemption may be granted to persons who qualify for property tax exemption under clause 41 C of Section 5 of Chapter 59 of the Massachusetts General Laws. Motion adopted unanimously. Article 15: Establishment of a Stabilization Fund for the South Shore Regional School District To see if the Town will vote to approve the establishment of a Stabilization Fund according to Massachusetts General Laws c.71, §16 Gl/2 for the South Shore Regional School District, or to take any other action related thereto. MOVED that the establishment of a Stabilization Fund pursuant to Massachusetts General Laws c.71, §16 G1/2 for the South Shore Regional School District,be hereby approved. A majority vote required. Motion adopted. Article 16: Community Preservation Committee To see if the Town will vote to hear and act on recommendations by the Community Preservation Committee for Fiscal Year 2015 pursuant to Chapter 44B of the General Laws, also known as the Community Preservation Act: to implement such recommendations by appropriating and/or reserving a sum or sums of money from the Community Preservation Fund established pursuant to such Act for (i) the administrative expenses and all other necessary and proper expenses of the Community Preservation Committee; (ii) the acquisition, creation, creation and preservation of open space; (iii) the acquisition, preservation, rehabilitation and restoration of historic resources; (iv) the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; (v) the acquisition and preservation of historic resources; (vi) the acquisition, creation, preservation and support of community housing; and (vii) the rehabilitation or restoration of open space and community housing acquired or created under such Act; to authorize 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 or enforceable by the Town, acting by and through the Board of Selectmen or such other Town board as the Board of Selectmen may designate, including real property interests in the form of permanent affordable housing restrictions, historical preservation restrictions and conservation 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 other action related thereto. MOVED that the Town hear and act on recommendations by the Community Preservation Committee as follows: Recommendation A. The following amounts be appropriated from the Fiscal Year (F.Y.) 2015 Community Preservation Fund estimated revenues to the Community Preservation Fund accounts as follows: 1. Fifty Three Thousand four Hundred Sixteen Dollars ($53,416) be appropriated to the Community Housing Reserve Fund and reserved for community housing purposes, 2. Fifty Three Thousand four Hundred Sixteen Dollars ($53,416) be appropriated to the Historic Reserve Fund for historic resources; 3. Fifty Three Thousand four Hundred Sixteen Dollars ($53,416) be appropriated to the Community Preservation Open Space Reserve Fund for open space, and 4. Three Hundred Seventy Three Thousand Nine Hundred Sixteen Dollars ($373,916)be appropriated to the undesignated reserve balance in the Community Preservation Fund for F.Y. 2015 Community Preservation purposes; and Recommendation B. Twenty Five Thousand Dollars ($25,000) be appropriated from the estimated F.Y. 2015 revenues of the undesignated reserve balance in the Community Preservation Fund for administrative and operating expenses of the Community Preservation Committee, including professional services; and Recommendation C. Fifty Thousand Dollars ($50,000) be appropriated, with Forty One Thousand Dollars ($41,000) of such amount to be appropriated from the Historic Reserve Fund and Nine Thousand Dollars ($9,000) of such amount to be appropriated from the undesignated reserve balance in the Community Preservation Fund, for the preservation, rehabilitation and restoration of the Lawrence Wharf Pavilion, to be expended by the Town Manager, and further that after June 30, 2016, any residual unexpended portion of such sum shall not be further expended and shall be restored to the Historic Reserve Fund in the Community Preservation Fund and to the undesignated reserve balance in the Community Preservation Fund, with the first Forty One Thousand Dollars ($41,000) of such residual unexpended portion being restored to the Historic Reserve Fund first and any remaining residual unexpended amount being restored to the undesignated reserve balance in the Community Preservation Fund thereafter; and Recommendation D. Eleven Thousand Dollars ($11,000) be appropriated from the Historic Reserve Fund in the Community Preservation Fund for the preservation, rehabilitation and restoration of the John Smith Memorial and benches, to be expended by the Town Manager, and further that after June 30, 2016, any residual unexpended portion of such sum shall not be further expended and shall be restored to the Historic Reserve Fund in the Community Preservation Fund; and Recommendation E. Seventy Two Thousand Dollars ($72,000) be appropriated from the estimated F.Y. 2015 revenues of the undesignated reserve balance in the Community Preservation Fund for the preservation, rehabilitation and restoration of the Deer Hill basketball courts located off Sohier Street, to be expended by the Town Manager, and further that after June 30, 2016, any residual unexpended portion of such sum shall not be further expended and shall be restored to the undesignated reserve balance in the Community Preservation Fund; and Recommendation F. One Hundred Seventy Five Thousand Dollars ($175,000) be appropriated, with One Hundred Eight Thousand Five Hundred Fifty Three Dollars ($108,553) of such amount to be appropriated from the Community Preservation Open Space Reserve Fund and Sixty Six Thousand Four Hundred Forty Seven Dollars ($66,447) of such amount to be appropriated from the estimated F.Y. 2015 revenues of the undesignated reserve balance in the Community Preservation Fund, for the acquisition, creation and preservation of approximately six acres of open space located the southerly side of Norman Todd Road and known as Lot 5 as shown on that certain plan dated June 4, 2007 and recorded at the Norfolk County Registry of Deeds in Plan Book 572 as Plan No. 63, to be expended by the Town Manager, and further that after June 30, 2016, any residual unexpended portion of such sum shall not be further expended and shall be restored to the Community Preservation Open Space Reserve Fund and to the undesignated reserve balance in the Community Preservation Fund, with the first One Hundred Eight Thousand Five Hundred Fifty Three Dollars ($108,553) of such residual unexpended portion being restored to the Community Preservation Open Space Reserve Fund first and any remaining residual unexpended amount being restored to the undesignated reserve balance in the Community Preservation Fund thereafter; and Recommendation G. For each of the above recommendations, the Board of Selectmen, or such other Town board as the Board of Selectmen may designate, be authorized to acquire by purchase or gift and hold in the name of or enforceable by the Town and to grant to a nonprofit organization, charitable corporation or foundation, such land, real property interests and permanent affordable housing restrictions, preservation restrictions and conservation restrictions that will meet the requirements of Chapter 184 of the General Laws, as may be necessary or proper to carry out the foregoing. Motions A, B, C,D,E, F and G adopted by the requisite 2/3's vote. Article 17: Community Preservation Committee — FY14 Appropriation for Community Housing Reserve To see if the Town will vote to raise appropriate, transfer from available funds in the CPA Fund or from any other source, or borrow pursuant to any applicable statute, a sum of money for the CPA Community Housing Reserve sub account in order to meet the 10% allocation requirement of the Community Preservation Act which appropriation became necessary due to the Fund's receipt of additional State revenue, or take any other action related thereto. MOVED that Ten Thousand One Hundred Seventy Three Dollars ($10,173) be appropriated from the undesignated reserve balance in the Community Preservation Fund to the Community Housing Reserve Fund and reserved for community housing purposes. Motion adopted unanimously. Article 18: Transfer from Water Capital Stabilization Fund To see if the Town will vote to transfer the sum of Forty-Nine Thousand Dollars ($49,000) from the Water Capital stabilization for the Water Commission and Town Manager jointly to expend to upgrade to 3 chemical feed systems at Lily Pond Water Treatment Plant; or take any other action related thereto. MOVED that Forty-Nine Thousand Dollars ($49,000) be hereby appropriated for the Water Commission and Town Manager jointly to expend to upgrade three (3) chemical feed systems at Lily Pond Water Treatment Plant, and to meet this appropriation, $49,000 be transferred from the Water Capital Stabilization Fund. A 2/3's vote required. Motion adopted unanimously. Article 19: Authorization to assess and update previous Wastewater Facility Planning documents 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 not to exceed $50,000 to be expended jointly by the Sewer Commission and the Town Manager following a competitive procurement process to assess and update planning of wastewater facility needs within the Town to address environmental and public health concerns, including protection of public water supplies, and protection of water resources including but not limited to Cohasset Cove and Harbor, or take any other action related thereto. MOVED that $50,000 be appropriated to be expended jointly by the Sewer Commission and the Town Manager following a competitive procurement process to assess and update planning of wastewater facility needs within the Town to address environmental and public health concerns, including protection of public water supplies, and protection of waste resources including by not limited to Cohasset Cove and harbor and to meet this appropriation $50,000 be raised and appropriated from the FYI tax levy and other general revenues of the Town. A majority vote required. Motion adopted. Article 20. Sewer Districts Bylaw To see if the Town will vote to amend the Town of Cohasset General Bylaws by adding a new Article XVI entitled "Sewers and Sewer Districts," as follows; to approve the designation of each of the sewer districts shown on the map entitled "Sewer District Map," prepared by Coughlin Environmental Services, LLC, dated April 2014 and on file with the Sewer Department pursuant to chapter 65 of the acts of 1962 as amended by chapter 147 of the acts of 2013. Article XVI. Sewer Districts Bylaw Section 1. Definitions. For the purposes of this Article XVI, the following terms and phrases shall have the following meanings. "Act" shall mean "An Act Authorizing the Town of Cohasset to Construct and Operate a System or Systems Of Sewerage and Sewage Disposal," as set forth by chapter 65 of the acts of 1962, as amended by chapter 104 of the acts of 1964, chapter 131 of the acts of 1975 and chapter 147 of the acts of 2013, as the same may be amended from time to time. "District Map" shall mean the map entitled "Sewer District Map," prepared by Coughlin Environmental Services, LLC and dated April 2014, as the same may be amended from time to time, showing each Sewer District. "Sewer District" shall mean the Central Cohasset Sewer District, the North Cohasset Sewer District and any other properties, areas and ways that may be established as, or part of, a designated sewer district pursuant to the Act, as any of the same may be amended from time to time. Section 2. Sewer Districts. The Central Cohasset Sewer District shall be as set forth on the District Map, as the same may be amended from time to time pursuant to the Act. The North Cohasset Sewer District shall be as set forth on the District Map, as the same may be amended from time to time pursuant to the Act. Section 3. Sewer District Capacity. Each Sewer District shall have the following maximum capacities for sewage, wastewater and other waste and shall be further subject to the limitations of the existing wastewater collection,treatment and disposal system components, as the Sewer Districts may be amended from time to time pursuant to the Act. (a) Central Cohasset Sewer District: 450,000 gallons per day (Average Daily Flow as defined by the Town's NPDES permit) (b) North Cohasset Sewer District: 80,000 gallons per day (Average Daily Flow as defined by the intermunicipal agreements between Cohasset,Hingham and Hull) Section 4. Fees. The Board of Sewer Commissioners may, by vote at a regular meeting of such Board, prescribe, fix, impose and collect charges, fees, assessments and the like pursuant to the Act. Consistent with the provisions of Section 9(e) of Article III of the Town of Cohasset General Bylaws, only annual usage fees based upon the volume of water used shall be approved by the vote of Town Meeting, Or take any other action relative thereto. MOVED that the Town of Cohasset General Bylaws be amended by adding a new Article XVI entitled "Sewers and Sewer Districts," as set forth in Article 20 of the Warrant; and that the designation of each of the sewer districts shown on the map entitled "Sewer District Map," prepared by Coughlin Environmental Services, LLC and dated April 2014 be approved pursuant to chapter 65 of the acts of 1962 as amended by chapter 147 of the acts of 2013 Motion adopted unanimously. Article 21: Reauthorization of Intermunicipal Agreement with South Shore Recycling Cooperative To see if the Town will vote pursuant to M.G.L.c. 40, Section 8H, to extend the term of the intermunicipal agreement for regional cooperation in the provision of solid waste and recycling services for the South Shore Recycling Cooperative for an additional term through June 30, 2018 and, further, to see if the Town will vote to execute and deliver an amended intermunicipal agreement, a copy of which is on file in the office of the Town Clerk, to effect the extension of the terms and other changes set forth therein, or take any other action related thereto. MOVED that the term of the intermunicipal agreement for regional cooperation in the provision of solid waste and recycling services for the South Shore Recycling Cooperative be extended for an additional term through June 30, 2018 pursuant to M.G.L. c. 40, Section 81-1; and, further, that the Board of Selectmen be authorized to execute and deliver an amended intermunicipal agreement to effect the extension for an additional term and such other terms and conditions as may be set forth therein. Motion adopted unanimously. Article 22: Amendments to Cohasset By-Laws To see if the Town will vote to amend the Town of Cohasset General Bylaws as follows: By amending Article I, Section 2, Definition of Terms by inserting the following two definitions in new subsections(f) and(g): (f) The "Troika" shall consist of the town moderator, who shall be the chairman of the Troika, the chairman of the Board of Selectmen, and the chairman of the Advisory Committee. (g) "Town Manager Act" shall mean"An Act Providing for a Town Manager in the Town of Cohasset"as set forth by Chapter 34 of the Acts of 1997, as amended by Chapter 421 of the Acts of 1998, Chapter 330 of the Acts of 2000 and Chapter 3 of the Acts of 2014, and as the same may be amended from time to time. By amending Article III, Elected Town Officers, Section 2 by striking subsection (b) and by inserting in its place thereof the following new subsection (b): (b) The executive powers of the Town shall be vested in the Board of Selectmen, who shall have all the powers given to Boards of Selectmen by the General Laws of the Commonwealth of Massachusetts, the Town Manager Act, and such additional powers that may be given to the Board of Selectmen by the General Bylaws of the Town of Cohasset, which may be amended from time to time. The Selectmen shall exercise, through the Town Manager, general supervision over all matters affecting the interest or welfare of the town. The Board of Selectmen shall serve as the chief goal setting and policymaking body of the town, and as such shall not normally administer the day-to-day affairs of the Town. By amending Article III,Elected Town Officers, Section 2 by adding a new subsection(1) as follows: (l) The Selectmen shall have additional appointment powers pursuant to the Town Manager Act. By amending Article IV,Appointed Town Officers,Section 1. Town Manger by making the existing provision subsection (a) and by inserting new subsections (b), (c),(d),(e),(f)and(g) as follows: (a) The appointment, duties and powers, compensation, removal and other matters relating to the Town Manager shall be set forth in the Town Manager Act, as the same may be amended from time to time. (b)The Board of Selectmen may reappoint an incumbent Town Manager without a search committee. (c) Prior to initiating a search, the Selectmen should assess the operations of town government to identify in writing the skills and abilities that the applicant for Town Manager should possess. (d) The candidates for the Town Manager position shall be persons of demonstrated ability with administrative experience in public management or business administration who are qualified by reasons of education and experience. In addition to the foregoing, pursuant to Section 4(a) of the Town Manager Act, the candidates shall also have professional integrity, strong interpersonal skills, and financial acumen. The candidates shall also have demonstrated management experience in public and/or non- public entities. Additional desired attributes are knowledge of Massachusetts' municipal law, and experience in collective bargaining,procurement and human resource management. (e) The Board of Selectmen shall create a search committee to assist in the selection of candidates for the position of Town Manager. The Selectmen may solicit town residents for the committee and/or choose to employ professional consultants to work in tandem or independently in the same function. The Selectmen may seek funding for professional services and associated expenses in connection with the search. (f) The search committee will interview and vet candidates in accordance with the profile required by the Town Manager Act and as described in Article IV, sections 1(c) and 1(d) above. The search committee will present the Selectmen with more than one (1) candidate, but no more than five (5). The Selectmen may accept or reject the presented candidates. In the event of rejection, the search process may be repeated until a successful candidate is accepted, or the Board of Selectmen may terminate the search committee. (g) The Board of Selectmen shall establish written annual goals and expectations for the Town Manager, including specific management objectives and performance indicators, which may be amended by the Selectmen from time to time. The Selectmen shall establish procedures for providing feedback and guidance to the Town Manager on a regular basis. The Selectmen shall review the performance of the Town Manager prior to completion of the first six (6) months of employment and thereafter not less than once per year. By amending Article IV, Appointed Town Officers, Section 4. Police Chief by striking subsection (a) and by inserting in its place thereof the following new subsection(a): (a) The Town Manager shall appoint upon merit and fitness alone, and may remove, the Police Chief subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act. By amending Article IV, Appointed Town Officers, Section 5. Fire Chief by striking subsection (a) and by inserting in its place thereof the following new subsection(a): (a) The Town Manager shall appoint upon merit and fitness alone, and may remove the Fire Chief subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act. By amending Article IV, Appointed Town Officers, Section 21. Director of Finance/Town Accountant by striking subsection (a) and by inserting in its place thereof the following new subsection(a): (a) The Town Manager shall appoint upon merit and fitness alone, and may remove, the Director of Finance/Town Accountant subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act. By amending Article V, Appointed Standing Town Boards and Committees, Section 1. Advisory Committee by striking subsections (b) and (c) and by inserting in their place thereof the following new subsections(b) and(c): (b) Appointments shall be made by the Troika as soon as practical after the final adjournment or dissolution of each Annual Town Meeting. (c) Members shall be registered voters of the Town and shall have no other elective or appointive office with the exception of those serving on the Troika. No member shall serve more than two consecutive full terms. Or take any other action relative thereto. MOVED that the Town of Cohasset General Bylaws be amended by making each of the amendments set forth in Article 22 of the Warrant. Amendment offered by Ralph Dormitzer MOVED to see if the Town will vote to amend the motion under, Article 22, Article IV, Appointed Town Officers, Section I, Town Manager by replacing subsection(e) as follows: (e) The Board of Selectmen shall create a search committee to assist in the selection of candidates for the position of Town Manager. The Selectmen shall solicit town residents for the committee and may choose to employ professional consultants to work in tandem or independently in the same function. The committee shall have an odd number of members and shall be composed of a minimum of seven (7) but no more than nine (9) individuals. The Selectmen may seek fun ding, if necessary, for professional services and associated expenses in connection with the search. Amendment adopted by a majority vote. Vote challenged by more than seven registered voters. Hand count taken: In favor 87 Opposed 62 Amendment passed. Amendment offered by David McMorris By amending Article IV, Appointed Town Officers, Section 4. Police Chief by striking subsection (a) and by inserting in its place thereof the following new subsection(a): (a) The Town Manager shall appoint upon merit and fitness alone, subject to the Selectmen's approval by a majority vote of its full membership pursuant to section 5D of the Town Manager Act, and may remove, the Police Chief subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act. By amending Article IV, Appointed Town Officers, Section 5. Fire Chief by striking subsection (a) and by inserting in its place thereof the following new subsection(a): (a) The Town Manager shall appoint upon merit and fitness alone, subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town manager Act, and may remove, the Fire Chief subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act. By amending Article IV, Appointed Town Officers, Section 21. Director of Finance/Town Accountant by striking subsection (a) and by inserting in its place thereof the following new subsection(a): (a) The Town Manager shall appoint upon merit and fitness alone, and may remove, subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act, the Director of Finance/Town Accountant subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act. Motion defeated. Main motion as amended adopted by the requisite majority vote. Article 23: Zoning Bylaw Reconciliation To see if the Town will vote to amend the Town of Cohasset Zoning Bylaws as follows: That Section 2.1 Definitions be amended by moving the definition of "Sign, Nonaccessory" after the definition of "Sign, Identification" so as to appear in correct alphabetical order. That Section 5.4.8, be amended in line 1 by changing: "Within the the highway business ..." to read "Within the highway business ..." so that Section 5.4.8 as amended shall read as follows: "Within the highway business, technology business and light industry districts, along any street frontage a green strip not less than thirty-five (35) feet wide shall be maintained and landscaped with grass, trees and/or shrubs,not paved, except for driveways, not parked upon and not built upon except for signs." That Section 6.1.1, be amended in line 2 by changing " ... erected altered or relocated ..." to read" ... erected, altered or relocated ...." so that Section 6.1.1 as amended in line 2 shall read as follows: "No sign (except a posting or an identification sign, not exceeding two square feet in area, or a political sign attached to a residence or in the front yard)shall be erected,altered or relocated without a building permit. Permit review shall be confined to determining whether the sign conforms to this Bylaw." That Section 6.4.8 be amended by adding a"." after"6.4.7" so that Section 6.4.8 as amended shall read as follows: "Nonaccessory signs are prohibited in residential districts, except as provided for in subsections 6.4.6 and 6.4.7." That Section 7.2.11 be amended in line 1 by changing"the Section 7" to "this Section 7" and, in line 2 by changing "... and twenty percent..." to read "... than twenty percent ..." so that Section 7.2.11 as amended in line 1, shall read as follows: "In addition to all other requirements contained in this Section 7,automobile dealers engaged in the sale at retail or wholesale of new and used cars shall devote not less than twenty percent of the required parking spaces to customer parking." That 10.3.2.b be amended in line 1 by changing "... on hundred year..." to read "... one hundred year..." so that line 1 of Section 10.3.2.b as amended shall read as follows: "An analysis of the site, including wetlands, slopes, soil conditions, areas within the one hundred year ..." That Section 12.1 be amended in line 1 by changing " ... this bylaws..." to read "... these bylaws..." so that section 12.1 as amended in line 1 shall read as follows: "The building inspector appointed by the selectmen shall enforce the provision of these bylaws as hereinafter provided." That Section 12.6.5.b be amended in line 3 by changing" ... of the natural... ;"to read "... or the natural so that Line 3 of Section 12.6.5b as amended shall read as follows: "...planning board to be unsuitable or detrimental to the neighborhood or the natural qualities of the town;" . That Section 14.3.Le be amended by changing"M.G.L.c.2L" to"M.G.L.c.21, ...". That Section 14.5.6.b be amended in line 2 by changing"... catchbasin... "to read"... catch basin..." . That Section 16.6.8 be amended in line 1 by changing "... building shall be shall be designed ..." to read "... building shall be designed ..." so that Section 16.6.8 as amended in line 1 shall read as follows: "No dwelling unit in any building shall be designed, constructed or altered to have more than two bedrooms.". That Section 16.10.1 be amended in line 1 by changing"... my be ..." to read"... may be ..." so that Section 16.10.1 as amended in line 1 shall read as follows: "No lot shown on a plan for which a permit is granted under this section may be further subdivided,and a notation to this effect shall be shown upon the plan." That Section 16.10.5 be amended by changing in line 1 "... rule and regulations..."to read"... rules and regulations" so that 16.10.5 as amended in line 1 shall read as follows: "The Planning Board shall adopt,and from time to time amend,rules and regulations consistent with provisions ..." . That Section 17.5.9 be amended in line 1 by changing "... means of facade ..." to read "... means of facade ..." so that line 1 of Section 17.5.9 as amended shall read as follows: "Facades over 50 feet in length shall be divided into shorter segments by means of facade modulation,repeating ...". That Section 17.6.8 be amended in line 3 by changing"bikepaths"to"bike paths" . That Section 19.10 be amended in line 1 by inserting "the" before SPGA so line 1 of Section 19.10 as amended shall read as follows: "In granting a special permit under this section, the SPGA may impose conditions and limitations specially designed ..." . Or,take any other action related thereto. MOVED that the Zoning Bylaw be amended to correct several typographical and/or grammatical errors, as set forth in the Warrant. Motion adopted unanimously. ARTICLE 24: REGISTERED MARIJUANA DISPENSARIES To see if the Town will vote to amend the Zoning Bylaw as follows to regulate the use or occupation of any building, structure or land in whole or in part for a Medical Marijuana Treatment Center,to be known as a Registered Marijuana Dispensary("RMD"). By amending Section 2.1,Definitions,by deleting the existing definition of Medical Marijuana Treatment Center in its entirety and adding the following definition in alphabetical order: Medical Marijuana Treatment Center: A not-for-profit entity registered under Chapter 369 of the Acts of 2012 and 105 CMR 725.100 et seq, to be known as a Registered Marijuana Dispensary (RMD), that acquires, cultivates,possesses,processes (including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana. And by deleting Section 20, Temporary Moratorium, Medical Marijuana Treatment Centers in its entirety; And by amending Section 4.2 Permitted Uses, by adding to the Table of Use Regulations under Section 4.2 under the heading"Retail and Services"the following: Residential Non-Residential Official &Open Space District USE R-A R-B R-C DB VB WB HB TB LI OS Retail& Service Medical Marijuana No No No No No No No SPP No No Treatment Center And by amending Section 4.3, Additional Use Regulations, to add the following new subsections 4.3.15 and 4.3.16: 15. Medical Marijuana Treatment Center. a. The Special Permit Granting Authority("SPGA")may grant a special permit for a Medical Marijuana Treatment Center/Registered Marijuana Dispensary("RMD")only if all applicable requirements of this Zoning Bylaw are satisfied, including without limitation the requirements of Section 12.4, in addition to the following requirements: (1) The RMD shall comply with all applicable Area Regulations in Section 5 of this Bylaw; (2) Signs i. The RMD shall comply with all applicable Sign Regulations in Section 6 of this Bylaw. ii. Use of medical symbols, images of marijuana,related paraphernalia and colloquial references to cannabis and/or marijuana are prohibited from use in RMD signage. iii. The RMD shall not display on the exterior of the facility advertisements for marijuana or any brand name and may only identify the building by the registered name. iv. The RMD shall not use graphics related to marijuana or paraphernalia on the exterior of the RMD or the building in which the RMD is located. V. Use of any statement, design, representation, picture, or illustration that encourages or represents the use of marijuana for any purpose other than to treat a debilitating medical condition or related symptoms is prohibited in RMD signage. vi. Use of any statement, design, representation, picture, or illustration that encourages or represents the recreational use of marijuana is prohibited in RMD signage. vii. Use of any statement, design, representation, picture, or illustration portraying anyone under 18 years of age is prohibited in RMD signage. (3) The RMD shall comply with all applicable Off-Street Parking And Loading Regulations in Section 7 of this Bylaw. (4) No RMD shall be sited within a radius of five hundred feet of a school, daycare center, or any facility in which children commonly congregate. The five hundred foot distance shall be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed RMD. (5) No marijuana may be ingested by anyone in any way at a RMD, except as authorized pursuant to 105 CMR 725.105(N)(8) for the purposes of teaching use of vaporizers or demonstration of use of other products as necessary. (6) All dispensing, cultivation,preparation and storage of marijuana shall occur only in an enclosed, locked indoor area. (7) The RMD shall comply with all Security Requirements set forth in 105 CMR 725.110. (8) The RMD may not sell any products other than marijuana, including MIPs, marijuana seeds and other products such as vaporizers that facilitate the use of marijuana for medical purposes. (9) Access to the RMD shall be limited to those authorized pursuant to 105 CMR 725.110(A)(1). b. In deciding whether to grant a special permit for a RMD,the SPGA may consider whether the applicant has entered into a host agreement with the Town and if so, the terms of such host agreement. c. The SPGA may condition the grant of a special permit for a RMD without limitation upon operation of the RMD only on certain days of the week and/or during certain hours of the day. d. The SPGA may condition the grant of a special permit for a RMD without limitation upon the requirement that the effectiveness of the special permit be limited to a certain time period and that the applicant be required to apply to the SPGA for renewal of the effective period of the special permit in order to continue operating the RMD. e. Exclusion of Other Marijuana Uses. Any establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers shall not be permitted if such establishment has not been properly registered and licensed in accordance with applicable state and local laws and regulations, or is not operated as a not-for-profit entity, or otherwise fails to meet the definition of a Medical Marijuana Treatment Center. f. Exclusion of Accessory Uses. In no case shall the acquisition,cultivation,possession, processing, transfer, transportation, sale, distribution, dispensing, or administration of marijuana, products containing or derived from marijuana, or related products be considered accessory to any use. 16. Hardship Cultivation of Medical Marijuana a. The hardship cultivation of marijuana under a hardship registration in any zoning district shall occur only in compliance with all of the requirements of 105 CMR 725.035. b. Cultivation and storage of marijuana under a hardship registration shall occur only in the primary residence of the registered qualifying patient or personal caregiver; c. Cultivation and storage of marijuana under a hardship registration shall not occur in any accessory building or in the yard or other area outside the primary residence of the registered qualifying patient or personal caregiver; d. Cultivation and storage of marijuana under a hardship registration shall be in an enclosed, locked, indoor area accessible only to the registered qualifying patient or his or her personal caregiver(s). e. The hardship cultivation and storage of marijuana shall not be visible or otherwise perceptible from the street or other public areas,including without limitation: (1) visual observation; (2) noise in excess of the maximum noise level permissible pursuant to applicable law; (3) smell or odor. f. The hardship cultivation of marijuana under a hardship registration in any zoning district shall occur only in compliance with all applicable building, sanitary and safety codes and shall be conducted in a safe manner that does not endanger the public health, safety or welfare or create a risk of fire or public nuisance. g. The hardship cultivation of marijuana under a hardship registration in any zoning district shall not occur within the common area of any multifamily residential use. h. The Building Inspector as Zoning Enforcement Officer pursuant to Section 12 of this Bylaw may inspect the cultivation and/or storage site of a registered qualifying patient with a hardship cultivation registration, or the cultivation site of his or her personal caregiver(s), at any time. Acceptance of a hardship cultivation registration by a registered qualifying patient constitutes consent for such inspection of the cultivation and/or storage site. i. All registered qualifying patients or their personal caregivers shall provide annual written notice to the Building Inspector that they are engaged in the hardship cultivation of marijuana. Such written notice shall state the address at which the hardship cultivation or storage of marijuana is occurring and the specific enclosed, locked area accessible only to the registered qualifying patient or his or her personal caregiver(s) in which the hardship cultivation or storage of marijuana is occurring. Or,to take any other action related thereto. MOVED that the Zoning Bylaw be amended to allow Registered Marijuana Dispensaries that have been registered by the Massachusetts Department of Public Health pursuant to Chapter 369 of the Acts of 2012 and 105 CMR 725.100 to be located only in the Technology Business zoning district and only if granted a special permit by the Planning Board and to establish requirements for the hardship cultivation of marijuana pursuant to a hardship registration by the Massachusetts Department of Public Health and to delete current Section 20 of the Zoning Bylaw, Temporary Moratorium-Medical Marijuana Treatment Centers, while incorporating Section 20.2, Exclusion of Other Marijuana Uses and Section 20.3, Exclusion of Accessory Uses, all as set forth in the Warrant. Motion adopted by the requisite 2/3's vote. Article 25: Petitioned Article—Expansion of the Central Cohasset Waste Water Sewer System District To see if the Town will authorize the expansion of the Central Cohasset Waste Water Sewer System District Phase III Collection System which expansion shall begin at its current terminus at 326 King Street and run in a generally northerly direction within King Street a distance of approximately seven hundred (700) feet terminating at the intersection of the northwesterly boundary of 298 King Street and the northeasterly boundary of King Street; providing eleven (11) additional sewer connection to service residential dwellings constructed or to be constructed at 298, 301, 309, 308-310, 312 and 318 King Street as further depicted on a plan entitled "Town of Cohasset Massachusetts Board of Sewer Commissioners General Cohasset Water System Phase III Collection System" as modified, a copy of which plan is on file with the office of the Town Clerk. The cost of laying, constructing and installing the sewer collection pipes, manholes and appurtenant equipment together with all design and permit costs in connection with the extension of the sewer district as aforesaid are to be borne by a private contractor; or act on anything relating thereto. Name: Address: Name: Address: Paul J. Laugelle 96 Pleasant St. Joseph H. Lamberti 26 Flintlock Ridge Rd. Kathleen Bailey 308 King St. Paula Meallo 187 South Main St. Caitlin D. Donovan 422 King St. Ellen B. Murphy-Youngman 11 Hugh Strain Rd. Donna H. Donovan 422 King St. Margaret R. Charles 185 A S. Main St. Alfred S. Moore 101 Fairoaks Lane Shannon King 113 Timber View Lane MOVED that the subject matter of this article be indefinitely postponed. Motion to indefinitely postpone adopted. Article 26: Petitioned Article—Town of Cohasset Governance Committee Town of Cohasset Governance Committee To see if the Town will vote to establish a standing Governance Committee to promote better governance, including accountability, transparency, and the effective and efficient use of limited town resources. The committee shall have seven members and two associate members (non-voting). The Troika shall appoint the members of this committee for staggered'and renewable terms, in accordance with"Section 3: Officers and Committees"of the General By-Laws. The committee shall provide ongoing review of Town governance and make recommendations for improvements thereof, including potential changes to the Town's governing documents, as deemed necessary. The committee shall report recommendations to the Board of Selectmen, the Town Manager and Town Meeting. The committee will make regular reports, either in writing or at a Board of Selectmen's meeting. Further, should the committee's recommendations include By-Law changes and/or changes to other governing documents, the Board of Selectmen will reserve articles on the warrant to present these recommendations to Town Meeting. i„Staggered" =Terms are for one, two or three years initially, then for three years thereafter. Name: Address: Name: Address: Merle S. Brown 546 Beechwood St. Wayne H. Robbins 20 King St. Mary Jo Larson 12 Virginia Lane Joan S. Brown 546 Beechwood St. Paul Carlson 18 Old Coach Rd. George Marlette 31 Rustic Dr. Tana Carlson 18 Old Coach Rd. Engracia Adams 18 Reservoir Rd. Stephen J. Borland 171 Beachwood St. Richard J. Avery 22 Surry Dr. THE FOLLOWING MOTION IS PRESENTED BY THE SPONSORS OF THIS ARTICLE: MOVED that the General Bylaws of the Town be amended by inserting a new bylaw at ARTICLE V APPOINTED STANDING TOWN BOARDS AND COMMITTEES, Section 17: Cohasset Governance Committee, stating as follows: There shall be a standing Governance Committee to promote better governance, including accountability, transparency, and the effective use of limited town resources. The committee shall have seven members and two associate members (non-voting). The appointing authority for the members of this committee for staggered and renewable terms shall be the Troika in accordance with "Section 3: Officers and Committees" of the General By-Laws. The charge of the committee is to provide ongoing review of Town governance and make recommendations for improvements thereof, including potential changes to the Town's By-Laws and/or Town Manager Act, as deemed necessary. The committee shall report to the Board of Selectmen. "Staggered"=Terms are for one, two or three years initially, then for three years thereafter. Majority vote required. Hand count. Yes 46; No 75. Motion defeated. Article 27: Petitioned Article—Recommended amendments to Cohasset By-Laws To see if the Town will vote to amend the General By-Laws as follows (see attached). These adjustments bring relevant sections of the By-Laws into alignment with the Town Manager Act, as amended and signed into law January 2014. Name: Address: Name: Address: Ralph S. Dormitzer 111 Atlantic Ave. Linda R.Wakeman 255 Atlantic Ave. Jacqueline M. Dormitzer 111 Atlantic Ave. Susan W. Davis 257 Atlantic Ave. Samuel W. Wakeman 255 Atlantic Ave. Timothy Davis 257 Atlantic Ave. Robert Larson 12 Virginia Lane George F. Baumgarten 260 Forest Ave. Merle J. Brown 546 Beechwood St. Wayne Sawchuck 432 Beechwood St. MOVED that the subject matter of this article be indefinitely postponed. Motion to indefinitely postpone adopted. Article 28: Petitioned Article To see if the Town will vote to amend the Cohasset General Town By-Laws and insert the following as a new section under Article III, Section 2, paragraph M of the Town of Cohasset General By-laws as amended. "In addition to and consistent with state law, patronage is not a tolerated practice in Cohasset. Members of the Board of Selectmen,their spouses, or partners are prohibited from pressuring, influencing or taking any other action in an effort to secure non-competitive government contracts to friends or relatives or to hire friends or relatives." Or take any other action relative thereto. Name: Address: Name: Address: Michael R. Milanoski 171 South Main St. Thomas W. Killilea 44 Little Harbor Rd. Kevin McCarthy 155 Fairoaks Lane Jennifer Milanoski 171 South Main St. Ralph Dormitzer I I I Atlantic Ave. Gabriel E. Gomez 59 Highland Ave. John E.Keniley 46 Black Rock Rd. Sarah Gomez 59 Highland Ave. George Chamillard 145 Beach St. David W. Martell 29 Hammond Ave. THE FOLLOWING MOTION IS PRESENTED BY THE SPONSORS OF THIS ARTICLE: MOVED that Cohasset General Town Bylaw, Article III, Section 2 be amended by adding the following section: "Patronage is not a tolerated practice in Cohasset. All public jobs shall be advertised and an objective selection process will be developed absent of political influence to hire the most qualified candidate for the position consistent with the selection process. " Further the Board of Selectmen are directed to develop rules and regulations for the implementation of this section including provisions for enforcement within six months of the date of passage of this Article. Motion defeated. Article 29: Petitioned Article To see if the Town will vote to amend the Cohasset General By-Laws and insert the following as a new section under Article III, Section 2, paragraph L of the Town of Cohasset General By- Laws as amended. "In addition to and consistent with state law and to encourage the integrity with the public, members of the Board of Selectmen may not participate in any manner involving a party from which said member has accepted any money, gifts, gratuities or any other thing of value in excess of$50.00 in the aggregate, during the candidacy or tenure of said member of the Board. Any and all monies, gifts, gratuities, campaign contributions, and other items of value shall be disclosed prior to any actions that provide relief to that party by said member of the Board of Selectmen on a form prescribed by the Board." Or take any other action relative thereto. Name: Address: Name: Address: Michael R. Milanoski 171 South Main St. Thomas W. Killilea 44 Little Harbor Rd. Kevin McCarthy 155 Fairoaks Lane Jennifer Milanoski 171 South Main St. Ralph Dormitzer 111 Atlantic Ave. Gabriel E. Gomez 59 Highland Ave. John E.Keniley 46 Black Rock Rd. Sarah Gomez 59 Highland Ave. George Chamillard 145 Beach St. David W. Martell 29 Hammond Ave. MOVED that Cohasset General Town Bylaw, Article III, Section 2 be amended by adding the following section: "Cohasset Elected Officials shall fully disclose in writing,prior to voting to grant relief to an applicant; all gifts, monies, gratuities, campaign contributions or other items of value they individually received from the applicant, that relief is to granted while serving in the elected position that they will be granting relieffrom. " Further the Board of Selectmen are directed to develop rules, regulations, and format of disclosure for the implementation of this section including provisions for enforcement within six months of the date of passage of this Article. Motion defeated. It was moved and seconded that this Annual Town Meeting be dissolved at 10:52 p.m. A True Record,ATTEST: Carol St. Pierre Town Clerk