MANCHESTER-BY-THE-SEA
____________________________________
BOARD OF SELECTMEN

TOWN HALL
Manchester-by-the-Sea, Massachusetts 01944-1399
Telephone (978) 526-2000
FAX (978) 526-2001
MINUTES OF THE BOARD OF SELECTMEN
December 7, 2009
6:30 p.m.
Town Hall
MEMBERS PRESENT: Chairman Thorne, Mr. Gubbins, Mr. Kehoe, Ms. Hardwick and
Mr. Spence
MEMBERS ABSENT: none
STAFF PRESENT: Town Administrator Melville and Mrs. Heisey
PRESS: Jonathan Phelps (at 8:20 p.m.)
At 6:30 p.m., Chairman Thorne called the meeting to order.
Gloucester Mayor Carolyn Kirk
Gloucester Mayor Carolyn Kirk met with the Board to officially thank the Town for
assisting the City of Gloucester during their recent water crisis. Mayor Kirk also gave an
update for work that is planned for future work on the Gloucester water system. She said
they might need to come back to the Town for more assistance when that work is being
done. Town Administrator Melville said a major concern during the early stages of the
water crisis was the lack of communication with various department heads in Gloucester.
Mr. Kehoe added that he would like to have an “after the fact” meeting to make sure these
issues are resolved.
Discussion – Selectmen’s Policies
In a memo to the Board, it was noted that Chairman Thorne, Selectman Hardwick and Beth
Heisey started reviewing the Selectmen’s Policies and the recommended changes were in
the Selectmen’s meeting materials for their review. The Board took actions on the
following policies (copies of the amended/approved policies attached to the end of these
minutes):
Policy 87-1: Procedures for Reporting Accidents
Mr. Kehoe moved to amend Policy 87-1: Procedures for Report Accidents with the
recommended amendments. Mr. Spence seconded the motion and it passed unanimously.
Policy 87-2: Policy on Erasing Tapes of Selectmen’s Meetings
There was discussion of how long the tapes from meetings should be stored with the
recommendation being one year after which they may be destroyed, erased, and/or reused.
After discussion, Mr. Kehoe moved to amend Policy 87-2 with the recommended
amendments. Mr. Spence seconded the motion and it passed unanimously.
Policy 88-1: Policy on Policies
Mr. Spence moved to approve the amended Policy 88-1 as written with the exception to
change the second to last bullet point to read: “Adoption of a policy shall follow the
attached schedule in so far as possible (Appendix A).” Ms. Hardwick seconded the motion
and it passed unanimously.
Policy 88-2: Use of Town Counsel
Mr. Spence moved to approve Policy 88-2 as written subject to his suggested amendments
(to add Town Administrator/Board of Selectmen in various locations in the policy). Mr.
Gubbins seconded the motion and it passed unanimously.
Policy 88-3: Selectmen’s Meetings
There was discussion of the “Organization of the Board” section having to do with what
board member should call to order the first meeting after the annual Town election. After
discussion Mr. Kehoe moved to accept the policy as amended with the inclusion of “…. or
member with the longest service.” Ms. Hardwick seconded the motion and it passed
unanimously.
Policy 88-4: Use of Town Hall
There was discussion of who should resolve conflicts in room scheduling. After discussion,
Mr. Kehoe moved to accept the amended Policy 88-4: Use of Town Hall with an additional
amendment to have the last sentence read: “Conflicting uses shall be resolved by the Town
Clerk/Town Administrator.” Ms. Hardwick seconded the motion and it passed
unanimously.
Manchester Essex Playing Fields Committee Update
Members of the Manchester Essex Playing Fields Committee met with the Board to update
them on their activities. Attending were Committee members Sue Taylor, Tom Arnsten,
Greg Blagden, Sandy Bodmer-Turner,Tony Giedt, Selectmen Tom Kehoe (Manchester) and
Jeff Jones (Essex), Manchester Parks and Recreation Director Matt Casparius and High
School Athletic Director Kelly Porcaro. In a power point presentation, Mr. Blagden
reviewed the objectives of the Committee; the work they have done since their first meeting
in November 2006; the playing fields that are available; what teams use the fields (with the
number of players and field hours per week); field needs vs. availability; and possible sites
to be considered for further development/renovation with information on the pros and cons
for each site. The Committee’s report ended with the following recommendations: Explore
potential terms and costs on Donovan property; explore renovation/reconfiguration of
Sweeney Park; perform cost analysis on upper Pine and upper School Street properties;
investigate possible Essex sites and possible use of Essex CPA funds; report back in 3
months for Manchester sites and 6-9 months for Essex sites; and to communicate results and
feedback. The Committee was thanked for their presentation and their diligent work.
Change of Manager – Manchester Athletic Club
The Board reviewed an application from the Manchester Athletic Club for a change of
manager from Melissa L. Gorey to Kevin A. Lopes. Mr. Lopes said that he has worked in
the Club’s Café since September 2003. He also submitted certification that he completed
his TIPS training.
Mr. Spence moved to approve the request for change of manager from Melissa L. Gorey to
Kevin A. Lopes. Mr. Kehoe seconded the motion and it passed unanimously.
Used Car Dealer’s License Application
Joanne aka Jody Collins of Coastal High Line Auto Sales, LLC met with the Board to
discuss her application for a Class II Used Car Dealer’s License. Ms. Collins said her
intention was to purchase and sell quality used vehicles to be sold on the internet via EBAY
and Craigslist and that no vehicles would be sold or stored at 115 Old Essex Road, her
residence in Manchester. She said the application for the Used Car Dealer’s License was to
allow her to secure a dealer’s plate so she can legally move vehicles while processing them
and to expedite the title process. She added that she does not intend to own more than 2
vehicles at any one time. After further discussion, Mr. Spence moved to approve the
application for a Used Car Dealer’s License with the conditions that no vehicles would be
stored or sold in Manchester and the ownership of vehicles be limited to 2 at any one time.
Mr. Gubbins seconded the motion and it passed unanimously.
Budget Overview with Finance Committee
Town Administrator Melville reviewed his FY2011 Budget Letter to the Board. Several
members of the Finance Committee were also present for the discussion.
Discussion with Schools Regarding Parking Lot and Sidewalks
School Committee Chairman Susan Coviello, School Building Committee Chairman Sarah
Creighton and Assistant Principal Paul Murphy met with the Board to update them on issues
regarding the School Building project. Chairman Thorne noted that Board members have
received correspondence and phone calls from people living near the school concerned with
property damage to their residences caused by the construction project. Sarah Creighton
said this would ultimately be an insurance issue and they should contact their insurance
agents. She said they could also contact the School Office to get information on the
contractor’s insurance.
Ms. Creighton updated the Board on the drainage and grading work as well as the parking
lot paving. She said the lot should be paved and striped by the end of this week but they
would like to continue the drop off and pick up routine as is currently done because the front
entrance was not completed. She said they had asked DEP to allow the use of the East
entrance through January 1st but would like the Board’s permission to ask for an extension.
She added they would be installing a gate to keep cars from being parked in Zone I. After
discussion, Mr. Spence moved to approve the request for a letter to be sent by the School to
DEP requesting an extension to use the East entrance up to the date of May 1, 2010. Mr.
Gubbins seconded the motion and it passed unanimously.
There was also discussion of items that need to be completed such as sidewalks, crosswalks,
school zone lights, etc. Ms. Creighton was asked to include the DPW Director in the
communications thread and that another step be added for their action plan, that being a site
visit.
Correspondence
 Town Administrator’s Report
o Street Light on Deer Hill Road: At their November 2nd meeting the Board reviewed a
letter from Charles Kellogg of 4 Alpine Road requesting the Town assume the cost
of a streetlight the residents of Alpine Road and Tanglewood Road have been paying
for since November 1991. The Board asked that the request come back to them after
more information was available. Town Administrator Melville provided the
information in his report and recommended that Mr. Kellogg’s request be approved.
After discussion, Mr. Spence moved the Town accept responsibility for the
streetlight. Mr. Kehoe seconded the motion and it passed unanimously.
o Sewer Abatements: The Board reviewed two requests for abatements.
Christopher Williams of 69 Bridge Street requested abatement of a portion of his
sewer charges of $2,949.25. He said a leak in his water line was discovered and the
water that leaked did not enter the Town’s sewer system. Town Administrator
Melville recommended, with DPW Director Kenney’s concurrence, that the sewer
bill be abated by the amount of $2,572.85 to reflect the actual usage from one year
ago that was $376.40. Mr. Spence moved to approve the request as suggested. Mr.
Gubbins seconded the motion and it passed unanimously.
The second request for abatement was from Rebecca and Clay Booma of 2 Hidden
Ledge Road for abatement of a portion of their sewer charges of $1,996.50. Their
irrigation system was mistakenly connected to Town water rather than the well that
had traditionally supplied the irrigation water and the additional water used did not
enter the sewer system. Town Administrator Melville, with DPW Director Kenney’s
concurrence, recommended the sewer portion of the bill be abated by the amount of
$1,779.00 to reflect the actual usage from one year ago that was $217.50. Mr.
Kehoe moved to approve the recommendation of the Town Administrator and DPW
Director to set the sewer portion of the bill at $217.50. Ms. Hardwick seconded the
motion and it passed unanimously.

A request from Carol Powers for a proclamation in recognition of Robert Sanford who
set up a trust fund in 1974 for the entertainment and upkeep of the Manchester Golden
Age Club. Mr. Kehoe moved to approve the proclamation in recognition of the
contributions by Mr. Sanford to the Golden Age Club. Mr. Gubbins seconded the
motion and it passed unanimously.

Appointment: Harbor Advisory Committee Mr. Spence moved to appoint Jim Starkey
to the Harbor Advisory Committee for the period ending June 30, 2010 (to fill a vacancy
on the Committee). Mr. Kehoe seconded the motion and it passed unanimously.
Other Business
 There was discussion of whether to hold the Annual Town Meeting at the new Jr. Sr.
High School auditorium with the Board in agreement that it would be a suitable location.
At 9:16 p.m., Mr. Kehoe moved to adjourn to executive session for the purpose of
considering the purchase, exchange, taking, lease, or value of real property and not to return
to open session. Mr. Gubbins seconded the motion and it passed on a roll call vote with
Chairman Thorne, Mr. Gubbins, Mr. Kehoe, Ms. Hardwick and Mr. Spence voting in favor.
Respectfully submitted,
Elizabeth A. Heisey
MANCHESTER-BY-THE-SEA
____________________________________
BOARD OF SELECTMEN
TOWN HALL • 10 CENTRAL STREET
Manchester-by-the-Sea, Massachusetts 01944-1399
Telephone (978) 526-2000
FAX (978) 526-2001
BOARD OF SELECTMEN POLICY
Policy 87-1
Procedures for Reporting Accidents
At their April 14, 1987 meeting, on advice by the Town’s Insurance Consultant, the Board of
Selectmen voted unanimously to adopt the following procedures for reporting accidents or incidents
that may lead to legal action or an insurance claim:
“It is the policy of the Town of Manchester that any incident that could lead to a lawsuit or
insurance claim will be reported immediately to the Department Head. The Department
Head will notify the Town’s Insurance Coordinator who will contact the Town’s Insurance
Broker immediately.”
Manchester’s Insurance Coordinator is the Town Accountant (978-526-2020).
If you have any questions on this policy, please contact the Town Administrator’s Office
(978-526-2000).
Policy 87-1 Adopted: April 14, 1987
Amended: December 7, 2009
MANCHESTER-BY-THE-SEA
____________________________________
BOARD OF SELECTMEN
TOWN HALL • 10 CENTRAL STREET
Manchester-by-the-Sea, Massachusetts 01944-1399
Telephone (978) 526-2000
FAX (978) 526-2001
BOARD OF SELECTMEN POLICY
Policy 87-2
Policy on Erasing Tapes of Selectmen’s Meetings
Regular and Executive Session Meetings
For several years, the Board of Selectmen has taped all of its meetings and stored the tapes.
At its meeting on August 18, 1987 the Board voted to adopt the following policy with
regard to the storage of these tapes.
POLICY A: The Board of Selectmen may tape all regular meetings. These tapes will be
stored for one year after which they may be destroyed, erased, and/or reused.
The Board may, at any point, direct the Town Administrator to keep any tape
for a longer period of time.
POLICY B: Executive Session minutes (if recorded) shall be recorded on a separate tape.
If anyone would like a copy of a tape of a Selectmen’s meeting, a written request must be
submitted to the Board within one year of the date of the meeting. See Open Meeting Laws
regarding the release of meeting tapes.
If you have any questions on this policy, please contact the Town Administrator’s Office.
Policy 87-2
Adopted: August 18, 1987
Amended: December 7, 2009
MANCHESTER-BY-THE-SEA
____________________________________
BOARD OF SELECTMEN
TOWN HALL • 10 CENTRAL STREET
Manchester-by-the-Sea, Massachusetts 01944-1399
Telephone (978) 526-2000
FAX (978) 526-2001
BOARD OF SELECTMEN POLICY
Policy 88-1
Policy on Policies

Proposals for new policies may be initiated by any Board member, Town Administrator,
employee, or citizen.

Proposals shall be submitted in writing through the Town Administrator who shall place
them on a meeting agenda for consideration.

The Town Administrator shall seek legal advice whenever there may be questions of
legality or proper procedure.

Policies or policy revisions considered by the Board shall not be adopted at the meeting at
which they are introduced but shall require a second reading at a subsequent meeting
before adoption is considered.

Temporary approval of a policy, or policy revision, may be granted by the Board in lieu of
formal action to meet emergency conditions or special events which will take place before
formal action can be taken.

All new policies or significant changes in existing policies shall be published in the annual
report to the Town.

Adoption of a policy shall follow the attached schedule in so far as possible (Appendix A).

The Town Administrator shall maintain a current policy manual containing all policies
and revisions.
Policy 88-1
Adopted: January 1988
Amended: December 7, 2009
APPENDIX A
SCHEDULE FOR ADOPTION OF POLICY
1. A topic is proposed by a Board member, Town Administrator employee or citizen
and placed on the agenda. The Board of Selectmen votes that the topic is worthy of
policy formulation. (week one)
2. The topic is referred to the Town Administrator who prepares a draft of the policy
and circulates the draft to department heads and other appropriate officials for
comments and proposed revisions. (weeks two-five)
3. The draft of the proposed policy is placed on the agenda and the Board of Selectmen
discuss and amend if needed. If necessary, the Town Administrator refers the
proposed policy to Town Counsel. (week six)
4. After review by Town Counsel (if needed) the Board votes to adopt the proposed
policy.
MANCHESTER-BY-THE-SEA
____________________________________
BOARD OF SELECTMEN
TOWN HALL • 10 CENTRAL STREET
Manchester-by-the-Sea, Massachusetts 01944-1399
Telephone (978) 526-2000
FAX (978) 526-2001
BOARD OF SELECTMEN POLICY
Policy 88-2
Use of Town Counsel
Philosophy: As required by Article V: Legal Affairs of the General By-Laws, the Board of
a Selectmen has “full authority as agents of the Town to appear and defend suits brought
against the Town, to appear before any court, board or commission to protect the interest of
the Town, and to institute any other legal proceeding.”
The purpose of this policy is to establish procedures for using Town Counsel. The objective
is to regulate and monitor contact with Town Counsel to ensure that the Board of Selectmen
fulfills its responsibilities under Article V while also permitting access to legal advice so all
Town boards and departments can carry out their assigned duties legally.
Policy: The policy of the Board of Selectmen is that all contact with Town Counsel must be
approved by the Town Administrator/Board of Selectmen. Once granted permission, copies
of all correspondence with Town Counsel shall be sent to the Town Administrator.
Guidelines: All contracts, deeds, bonds, and other legal instruments shall be sent to Town
Counsel for a signed approval as to form. These requests will be approved usually without
question.
Routine requests for opinions will be reviewed by the Town Administrator and decision on
use of Town Counsel returned within one week. Although the Board of Selectmen has
responsibility for all litigation, the Board may authorize boards or departments to work with
Town Counsel to resolve legal conflicts. The Board of Selectmen/Town Administrator may,
however, request a full progress report and review further use of Town Counsel.
Procedures: The Town Administrator shall provide a form to request use of Town Counsel.
The Town Administrator/Board of Selectmen will render their decision on this form and
copies will be sent to Town Counsel and to the requesting department. In emergencies, the
Chairman of the Board may grant permission to use Town Counsel.
Town Counsel shall provide a report on all pending litigation twice each year. The Town
Administrator shall review each monthly bill from Town Counsel and report to the Board of
Selectmen any unusually high legal expenses and keep the Board current with any pending
legal issues.
Policy 88-2 Adopted: August 9, 1988
Amended: December 7, 2009
MANCHESTER-BY-THE-SEA
____________________________________
BOARD OF SELECTMEN

TOWN HALL
Manchester-by-the-Sea, Massachusetts 01944-1399
Telephone (978) 526-2000
FAX (978) 526-2001
MEMORANDUM
TO:
Town Administrator
Board of Selectmen
DATE:
FROM:
SUBJECT: Request to Use Town Counsel
The
requests permission to use Town Counsel
(name of board or department)
for the following purpose(s):
Contact with Town Counsel will be made by:
written request
Telephone
Signature of Applicant
Permission granted/denied
Date:
Town Administrator/Board of Selectmen
MANCHESTER-BY-THE-SEA
____________________________________
BOARD OF SELECTMEN
TOWN HALL • 10 CENTRAL STREET
Manchester-by-the-Sea, Massachusetts 01944-1399
Telephone (978) 526-2000
FAX (978) 526-2001
BOARD OF SELECTMEN POLICY
Policy 88-3
Selectmen Meetings
Philosophy: The Board of Selectmen is an elected board and derives its authority and
responsibilities from the statutes of the Commonwealth of Massachusetts and the By-Laws
of the Town of Manchester. The Board consists of five duly elected members.
The purpose of this policy is to establish procedures that reflect that Board’s responsibility
to the community, to the municipal administration, and to the other Board members.
Policy:
Organization of the Board: The Board of Selectmen shall organize annually as soon after the
annual Town election as possible. Each member of the Board will be notified of the
meeting by the Town Administrator. The meeting will be called to order by the current
chair or member with the longest service. The first item on the agenda will be the election
of a member to chair the meetings. A majority vote shall constitute an election.
Nominations require no second.
Duties of the Chair: The Chair of the Board of Selectmen shall:
 Preside at all meetings and shall perform such other duties as usually pertain to the
office or as imposed by law or by the action of the board;
 Have the same right as do other members of the Board to offer resolutions, to make
and second motions, to discuss questions, and to vote thereon;
 Represent the Board at meetings, conferences, and other gatherings unless otherwise
determined by the Board or delegated by the Chair;
 Speak for the Board at Town Meetings and present the Board’s position unless
otherwise determined by the Board or delegated by the Chair;
 Sign official documents that require the signature of the office;
 Prepare agendas with the Town Administrator.
Rules of Order: The Board believes it can meet as a body and proceed best with its
deliberations in an atmosphere of free exchange of information and opinion unhampered by
formal rules of order which are usually designed for the management of large groups.
Therefore, the Board shall not be bound by the rules of any certain manual or parliamentary
procedure. The Board may, however, invoke an established set of rules or order when the
occasion demands it. The Chair shall explicitly state when these rules are in effect.
Adopted:
Amended:
October 18, 1988
December 7, 2009
MANCHESTER-BY-THE-SEA
____________________________________
BOARD OF SELECTMEN
TOWN HALL • 10 CENTRAL STREET
Manchester-by-the-Sea, Massachusetts 01944-1399
Telephone (978) 526-2000
FAX (978) 526-2001
BOARD OF SELECTMEN POLICY
Policy 88-4
Use of Town Hall
Policy: Use of any room or part of Town Hall shall be scheduled through the Town
Clerk’s office. Priority in scheduling will be given to officially elected and appointed
boards and committees.
Other groups may use the building only with the approval of the Selectmen or Town
Administrator. There will be no charge for the use of Town Hall. There may, however, be a
charge for any cost the Town incurs in opening and cleaning the building.
The Board of Selectmen shall allow the use of Town Hall by individuals and associations
for such educational, recreational, social, civic, philanthropic and like purposes as it deems
for the interest of the community. The use of Town Hall as a place of assemblage for
citizens to hear candidates for public office shall be considered a civic purpose. The full
responsibility for supervision of any private meeting shall be that of the private
organization. No organization may charge an admission fee other than to cover their
expenses.
Scheduling will be done on a first come, first serve basis. In the event of conflict, priority in
scheduling shall be as follows:
1. Board of Selectmen meetings
2. Public hearings
3. Regularly scheduled meetings of other boards
4. Other meetings of Town boards
5. Other groups
In all cases, preference will be given to Manchester residents.
All uses of the building shall be posted in the front foyer of Town Hall by the Town Clerk.
The Town Clerk shall schedule all uses of Town Hall and may prescribe forms to be filled
out by the applicant. Conflicting uses shall be resolved by the Town Clerk/Town
Administrator.
Adopted:
Amended:
November 14, 1988
December 7, 2009