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ATM - 2nd Session - May 19, 2008
2008 ANNUAL TOWN MEETING
MINUTES
May 19, 2008/Second Session

Town Moderator Robert J. Long called the second session of the 2008 Annual Town Meeting to order at 7:30 p.m. on May 19, 2008 at the Town Hall Auditorium, 298 Central Street, Saugus, MA, with 38 members, plus the moderator present.  A quorum is met.

The Moderator led the meeting in the salute to the Flag.

Town Clerk, Joanne Rappa, called the roll.


Atkinson, Ronald
A
Long, Robert
X
Attubato, Joseph
X
Lopresti, Anthony J.
X
Barressi, Sal
A
Malone, Barbara J.
X
Bartolo, Jean M.
X
Maltais, Sean A.
X
Billingsley, Stacy A.
X
Manoogian, Peter Z., Sr.
X
Boesel, Edward S.W.
X
McCarthy, Stephen F.
X
Cote, Karen
X
Merrifield, Henry F.
X
Dever, Maureen P.
X
Moschella, Dennis J.
X
Devlin F. Ann
X
Moses, Jeffrey D., Sr.
X
DiNardo, Albert J.
X
Nelson, Stephen A.
X
Dockery, Michael
A
Nicosia, Nicola M.
X
Faiella, Ellen L.
X
Nuzzo, Richard
A
Falasca, Thomas A.
A
Palczynski, Joseph, Jr.
X
Flynn, Patrick M.
A
Politano, Kimberly A.
X
Gill, Charles F.
X
Rodenhiser, Joyce C.
X
Goodwin, Pamela J.
A
Serino, Angelo, Jr.
X
Grabowski, Arthur
X
Smith, James F., Jr.
X
Groark, Laura Z.
X
Smith, Rick A.
X
Hansen, John N.
A
Stewart, Thomas
X
Hawkes, Timothy R.
X
Sullivan, Betty Ann
X
Hoffman, Robert D.
A
Sweezey, Stephen D.
X
Johnson, Patricia Anne
X
Valente, Anthony
X
Jones, William R.
A
VanSteensburg, Paul J., II
X
Lawrence, Raymond
X
Vecchio, Matthew J.
X
Leuci, Janet
A
Witten, Margaret H.
X

39 members present (including moderator).

Joyce Rodenhiser from Precinct 1 and Edward Boesel, from Precinct 9, were appointed and sworn as tellers.

Mr. Long explained that Joseph Palczynski, Jr. from Precinct 10 would, as a courtesy, be making motions this evening.

Tellers distributed handouts.

Moderator Long reviewed the handouts and stated that he would like to cover the following articles this evening:  4, 13, 14, 25, 15, 21, 22, 26, 29, 30, 31, 32 and 28.

Article 1.   To hear and act on reports of Committees.

Peter Manoogian, spoke on behalf of the Side Walk Committee and distributed and reviewed minutes of a meeting that was held in April.  

Robert Palleschi, Chairman of the Finance Committee, stated that his committee would be meeting several times in the next few weeks in order to bring recommendations to Town Meeting as soon as possible.

Mr. Palczynski moves to take articles 4, 13, 14, 15, 21, 22, 25, 26, 29, 30 31, 32 and 28 out of order.  

Seconded at 7:46 p.m.
Vote to take articles out of order.
Yeas:  38   Nays:  0 at 7:46 p.m.
Articles are voted to be taken out of order.

Mr. Palczynski moves, as a courtesy, Article 4.
Seconded at 7:47 p.m.
Article as written:

Article 4.  To see if the Town will vote to authorize the Treasurer with the approval of the Board of Selectmen, to borrow up to $1,350,628.00 at 0% interest from the MWRA Local Pipeline Assistance Program for the purpose of designing and constructing improvements to water pipelines.  (Town Manager)

Article as voted:

Article 4.  Voted to authorize the treasurer with the approval of the Board of Selectmen, to borrow up to $1,350,628.00 at 0% interest from the MWRA Local Pipeline Assistance Program for the purpose of designing and constructing improvements to water pipelines.  

Unanimous voice vote at 7:47.5 p.m.
Article 4 passed as recommended.

Mr. Palczynski moves, as a courtesy, Article 13.
Seconded at 7:48 p.m.
Article as written:

Article 13.  To see if the Town will vote to re-authorize a revolving fund for the Riverside Cemetery whereby the established fees will be used for the operating expenses in connection with maintaining the facility.  (Town Manager)

Article as voted:

Article 13.  Voted to re-authorize a revolving fund for the Riverside Cemetery whereby the established fees will be used for the operating expenses in connection with maintaining the facility.  
Unanimous voice vote at 7:48 p.m.
Article 13 passed as recommended.

Mr. Palczynski moves, as a courtesy, Article 14.
Seconded at 7:50 p.m.
Article as written:

Article 14.  To see if the Town will vote to raise and appropriate a sum of money for the purpose of participation in Help for Abused Women and Their Children, Inc. (HAWC) or take any other action relative thereto.  (Town Manager as a courtesy to HAWC)

Article as voted:

Article 14.  Voted to raise and appropriate the sum of $3,000 for the purpose of participation in Help for Abused Women and Their Children, Inc. (HAWC).

Unanimous voice vote at 7:50.5 p.m.
Article 14 passed as recommended.

Mr. Palczynski moves, as a courtesy, Article 15.
Seconded at 7:50.5 p.m.
Article as written:

Article 15.  To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money (ten thousand dollars $10,000.00) to pay for general maintenance and upkeep of buildings and grounds at the Riverside Cemetery.  Pursuant to MGL Chapter 114, sections 15 and 25, source of funds to be the cemetery Land Sales Account.  (Town Manager).

Article as voted:

Article 15.  Voted to transfer from the Cemetery Land Sales Account the sum of $10,000.00 to pay for general maintenance and upkeep of buildings and grounds at Riverside Cemetery.

Unanimous voice vote at 7:51 p.m.
Article 15 passed as recommended.

Mr. Palczynski moves, as a courtesy, that Article 21 be referred back to the Town Manager.
Seconded at 7:51 p.m.
Article as written:

Article 21.  To see if the Town will vote to amend the Town Bylaws by adding the following Bylaw:

Section 702.09  Billing of Water and Sewer Charges:

The Town of Saugus shall bill all water and sewer users on a quarterly basis.  All water receipts shall be deposited into the water enterprise fund and all sewer receipts shall be deposited in the sewer enterprise fund.  (Town Manager)

Article as voted:

Vote to refer Article 21 back to the Town Manager
Unanimous voice vote at 7:51.5 p.m.

Article 21 is referred back to the Town Manager.

Mr. Palczynski moves, as a courtesy that Article 22 be indefinitely postponed.

Seconded at 7:51.5 p.m.
Article as written:

Article 22.  To see if the Town will vote to increase water rates with all receipts to be held within the Water enterprise fund to be used exclusively for water expenses, water maintenance and water improvement programs or take any other action relating thereto.  (Town Manager)

Article as voted:

Vote to indefinitely postpone.
Unanimous voice vote at 7:51.5 p.m.

Article 22 is indefinitely postponed.

Mr. Sweezey moves Article 25.
Seconded at 7:52 p.m.
Article as written:

Article 25.  To see if the Town will vote to amend the Town of Saugus By-laws by adding the following new section:
(As provided under Massachusetts General Laws Chapter 51 with regard to Listings of persons seventeen years of age or over.)

301.01  Town Census Regulations

All persons who own, lease, rent property as a domicile or within 30 days of residing within the Town of Saugus in such property, house apartment, condo, town house, or any other domicile provided under Section 10A of Chapter 51 of the Massachusetts General Laws shall file a Census Form with the Saugus Town Clerk’s Office.

To Assist the Town Clerk to ensure an accurate census of all residents.  This By-law shall require all Town Departments, Schools, Boards, Commissions, and Committees, to verify with the Office of the Town Clerk, a current Census Form is on file prior to the issuance of any License, Permit, Abatement, Refund, Compensation, Contract, Appointment, or Appeal.

Those persons found in violation of not filing a census form with the Saugus Town Clerk’s Office as required, shall forfeit and pay for each offense a fine of Two Hundred ($200.00) dollars.  (Stephen Sweezey)

Mr. Palczynski, as a courtesy, moves to indefinitely postpone Article 25.

Seconded at 7:53.5 p.m.

Mr. James Smith moves to amend Article 25 by eliminating the last paragraph, which is the violation and fine portion of the article.
Seconded at 7:54 p.m.

Mr. Sweezey explained that the Town receives grants on population counts, which, in spite of the diligent efforts of the staff of the Town Clerk’s Office, have recently gone down.  Mr. Sweezey understands that further penalties for non-respondents would not be legal, and asks that Town Meeting vote in favor of the amendment, as it would eliminate that portion and leave in a requirement of notification to the Town Clerk.

Moderator Long read the legal opinion issued by Town Counsel Vasapolli.

Mr. Peter Manoogian stated his concern of the bylaw.

Mr. Sweezey, Mr. Edward Boesel, Town Counsel Vasapolli, and Ms. Maureen Dever all spoke on the article.

Vote to amend Article 25 by Mr. Smith to remove the last paragraph of the article.

Yeas:  36 Nays:  0 at 8:05 p.m.
Mr. Smith’s amendment passes.

Vote to indefinitely postpone Article 25.
Yeas:  14   Nays:  23 at 8:06 p.m.
Article 25 is NOT indefinitely postponed.

Article as voted:

Article 25.  Voted to amend the Town of Saugus By-laws by adding the following new section:
(As provided under Massachusetts General Laws Chapter 51 with regard to Listings of persons seventeen years of age or over.)

301.01  Town Census Regulations

All persons who own, lease, rent property as a domicile or within 30 days of residing within the Town of Saugus in such property, house apartment, condo, town house, or any other domicile provided under Section 10A of Chapter 51 of the Massachusetts General Laws shall file a Census Form with the Saugus Town Clerk’s Office.

To Assist the Town Clerk to ensure an accurate census of all residents.  This By-law shall require all Town Departments, Schools, Boards, Commissions, and Committees, to verify with the Office of the Town Clerk, a current Census Form is on file prior to the issuance of any License, Permit, Abatement, Refund, Compensation, Contract, Appointment, or Appeal.
Yeas:  25   Nays:  12 at 8:07 p.m.
Article 25 passed as amended.

Mr. Palczynski moves, as a courtesy, Article 26.
Seconded at 8:07.5 p.m.
Article as written:

Article 26.  To see if the town will vote to reverse the decision of Town Meeting on Article 16 at the Annual Town Meeting on June 18, 2002, which reads as follows:

Article 16.  To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the design, repair, replacement and or installation of sewer pipelines, locations include but not limited to Cliff road and Anderson Way; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.  (Town Manager)”

The vote of Town Meeting is as follows:
Article 16.  Voted to transfer from the Sewer Rehabilitation Account the sum of $250,000.00 for the design, repair, replacement and or installation of sewer pipelines, locations include but not limited to Cliff road and Anderson way.
Yeas:  24 Nays 1 at 8:10 p.m.”

(Stephen Horlick)

Sponsor of the article, Selectman Stephen Horlick, explained the reasoning for this article and asked for Town Meetings support.

Peter Manoogian and Finance Committee Vice Chairman, Kenneth DePatto spoke on the article.

Article as voted:

Article 26.  Voted to reverse the decision of Town Meeting on Article 16 at the Annual Town Meeting on June 18, 2002, that decision being to transfer from the Sewer Rehabilitation Account the sum of $250,000 for the design, repair, replacement and/or installation of sewer pipelines, locations to include, but not limited to, Cliff Road and Anderson Way; and further, due to past expenditures from that amount, to transfer the unexpended balance of $171,935.24 from the Sewer-Cliff & Anderson Way Account back to the Sewer Rehabilitation Account.
Yeas:  36   Nays:  1 at 8:12 p.m.
Article 26 passed as recommended.

Mr. Palczynski moves, as a courtesy, that Article 29 be referred to the next Special Town Meeting.
Seconded at 8:13 p.m.
Article as written:

Article 29.  To see if the Town will vote, in accordance with Chapter 40, Section 5B, to establish a Targeted Stabilization Fund in the amount of $100,000 for the purpose of purchasing new textbooks in the Saugus Public Schools.  Said funds to be released by a
two-thirds vote of Town meeting upon the School Committee presenting a specific plan indicating how such funds would be used to purchase textbooks.  (Selectman Michael Kelleher)


Article as voted:

Voted to refer Article 29 to the next Special Town Meeting.

Unanimous voice vote at 8:14 p.m.

Article 29 is referred to the next Special Town Meeting.

Mr. Palczynski moves, as a courtesy, that Article 30 be referred to the next Special Town Meeting.
Seconded at 8:15 p.m.
Article as written:

Article 30.  To see if the Town will vote to appropriate the sum of $10,000 for the Saugus Historical commission to be used for an archeological reconnaissance survey of the town as recommended by the Massachusetts Historical Commission.  (Historical Commission)

Article as voted:

Voted to refer Article 30 to the next Special Town Meeting.

Unanimous voice vote at 8:15.5 p.m.

Article 30 is referred to the next Special Town Meeting.

Mr. Palczynski moves, as a courtesy, that Article 31 be referred to the next Special Town Meeting.
Seconded at 8:16 p.m.
Article as written:

Article 31.  To see if the Town will vote to raise and appropriate the amount of $65,000.00 for the repair, replacement, and or installation of storm drains on Western Avenue and to determine whether this appropriation shall be raised by borrowing or to take any other action relative thereto.  (Dennis Moschella)

Article as voted:

Voted to refer Article 31 to the next Special Town Meeting.

Unanimous voice vote at 8:16.5 p.m.

Article 31 is referred to the next Special Town Meeting.

Mr. Moschella moves Article 32.
Seconded at 8:16.5 p.m.
Article as written:

Article 32.  To see if the Town will vote to raise and appropriate the amount not to exceed $100,000.00 which includes engineering and design for sewerage on Dale Street and to determine whether this appropriation shall be raised by borrowing or to take any other action relative thereto.  (Dennis Moschella)

Mr. Moschella stated that this has been a 20-year project, as Town Meeting originally voted on it in 1988, but it was never completed.  Mr. Moschella further stated that flooding is now into septic systems, public ways and is an unhealthy situation.   Mr. Moschella asked for support on this article.




Article as voted:

Article 32.  Voted to raise and appropriate, by borrowing, the amount of $100,000.00, which includes engineering and design, for sewerage on Dale Street.

Yeas:  35  Nays:  1 at 8:17 p.m.

Article 32 is passed as recommended.

Mr. Boesel moves to take Article 28 from the table.
Seconded at 8:18 p.m.
Unanimous voice vote to take Article 28 off the Table at 8:18 p.m.

Article as written:

Article 28.  To see if the Town will vote to amend the Town By-laws by adding the following section:

515.00 Board of Selectmen

The Board of Selectmen shall, at every regularly scheduled meeting, allow any resident of the Town to appear at said meeting and address the Board on any subject matter involving the Town.  The board, by majority vote, may establish rules and regulations regarding the conduct and procedure for the appearance of residents before the Board hereunder.  The section shall not apply to executive sessions held by the board under the General Laws.   (Selectman Michael Kelleher)

Moderator Long explained that sponsor of the article, Selectman Michael Kelleher, was unavailable to attend this evening, and asked that a courtesy motion be made to refer this article back to Mr. Kelleher.

Mr. Sweezey moves to have Article 28 be referred back to Selectman Kelleher.

Seconded at 8:19 p.m.
Article as voted:

Voted to refer Article 28 back to Selectman Michael Kelleher.

Yeas:  34  Nays:  3 at 8:20 p.m.
Article 28 is referred back to Selectman Kelleher.

Edward S. W. Boesel makes a motion to adjourn to 7:30 p.m. on June 2, 2008.

Seconded at 8:21 p.m.

Voted by unanimous voice vote to adjourn the 2008 Annual Town Meeting to June 2, 2008 at 7:30 p.m., in the Town Hall Auditorium.

Respectfully submitted,



Joanne D. Rappa
Town Clerk