Town of Saugus, MA

ATM -

ANNUAL TOWN MEETING

MINUTES

MAY 4, 2009

Town Moderator, Robert J. Long, called the first session of the 2009 Annual Town Meeting of May 4, 2009 to order at 7:35 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 39 members, plus the moderator present.

Boy Scout Troop 61 presented the colors and led the meeting in the salute to the flag. Scout Leader Nelson Miller; along with Assistant Leader Corey Phelps; and Scouts Connor Phelps; Dan Drescher; Brian Krantz; Matt Derby; Jonathan Capone; Joey Sorrentino; Patrick Davis; and Nick Lenardis were all in attendance.

Town Clerk, Joanne Rappa, called the roll.

Atkinson, Ronald	X	Long, Robert	X
Attubato, Joseph	X	Lopresti, Anthony J.	A
Barressi, Sal	A	Malone, Barbara J.	A
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
Connors, Arthur D., Jr.	A	Merrifield, Henry F.	X
Dever, Maureen P.	X	Moschella, Dennis J.	A
Devlin F. Ann	X	Moses, Jeffrey D., Sr.	X
DiNardo, Albert J.	X	Nelson, Stephen A.	X
Dockery, Michael	X	Nicosia, Nicola M.	X
Faiella, Ellen L.	X	Nuzzo, Richard	A
Falasca, Thomas A.	X	Palczynski, Joseph, Jr.	X
Flynn, Patrick M.	A	Politano, Kimberly A.	X
Gill, Charles F.	X	Rodenhiser, Joyce C.	A
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.	X	Stewart, Thomas	X
Hawkes, Timothy R.	X	Sullivan, Betty Ann	X
Hoffman, Robert D.	X	Sweezey, Stephen D.	X
Johnson, Patricia Anne	X	Valente, Anthony	X
Jones, William R.	X	VanSteensburg, Paul J., II	X
Lawrence, Raymond	X	Vecchio, Matthew J.	X
Leuci, Janet	X	Witten, Margaret H.	X

41 members present (including the moderator).

Joseph Palczysnki from precinct ten and Jeffrey Moses from precinct nine were appointed and sworn as tellers.

Moderator Long explained that William Jones, from precinct one, would, as a courtesy, be making motions this evening.

Tellers distributed handouts.

Mr. Long stated that he would like to cover all the articles in the Finance Committee Report this evening, as well as Articles 23, 27 and 29. Prior to hearing reports of committees, Moderator Long reviewed Section 200 of the Town of Saugus By Laws, which explains the procedures of Town Meeting. Mr. Long also reviewed the Code of Conduct for Town Meeting Members, which was adopted at the 1973 Annual Town Meeting.

Article 1. Reports of Committees

Mr. Peter Manoogian, Chairman of the Sidewalk Committee, discussed the progress being made in Town and stated that members are continuously monitoring the situation. Mr. Manoogian invited all Town Meeting Members to communicate their concerns with their individual precinct representative of the committee, which will be holding their next meeting on Monday, May 18^th prior to Town Meeting.

Mr. John Truesdale, Chairman of the Wind Energy Committee, reviewed a report that he distributed to all members. Mr. Truesdale stated that there would not be a problem holding a neighborhood meeting for those interested after all permits were in hand.

Finance Committee Chairman, Robert Palleschi, stated that FinCom has been holding hearings since March, and that one of their objectives was to cover the budget in a timely manner so all members would have ample time to review the budget prior to voting on it. Mr. Palleschi further explained the Finance Committee’s recommendations and asked for Town Meeting’s support on the articles.

Mr. Long reminded members that copies of the preliminary budget are available on the Town’s website, but accounting has graciously printed up 20 hard copies of those without computer access.

Mr. Jones moves to take articles 3.4,7,8,9,10,11,12,13,15,16,17,18,23,27 and 29 out of order.

Seconded at 8:14 p.m.

Vote to take articles out of order.

Yeas: 40 Nays: 0 at 8:15 p.m.

Articles are voted to be taken out of order.

Mr. Jones moves Article 3.

Seconded at 8:17 p.m.

Article as written:

Article 3. To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated under Article 2 of the 2008 Annual Town Meeting during the current fiscal year, and determine whether the money shall be provided by transfer from available funds; or to see what other action the Town wishes to take in the matter. (Town Manager)

Article as voted:

Article 3. Voted that the sum of $235,840.00 be transferred from available funds to make supplementary appropriations to be used in conjunction with money appropriated under Article 2 of the 2008 Annual Town Meeting for the current fiscal year. Said changes to be applied as follows:

Department	Account Name	Increase	Decrease
Treasurer	Medicare Taxes	18,000.00
Electrical Service	Electricity for Public Bldg.	42,000.00
Veterans	Veterans Benefits	15,000.00
Public Works Highway	Snow & Ice	160,840.00

Accounting	GASB 45		5,000.00
Engineering	Professional Services		20,000.00
Recycling	Rubbish Disposal		100,000.00
Insurance	Unemployment Comp		90,000.00
Insurance	Liability Ins.		20,840.00

	Total:	235,840.00	235,840.00

Yeas: 40 Nays: 0 at 8:17 p.m.

Article 3 passes as recommended by the Finance Committee.

Mr. Jones moves Article 4.

Seconded at 8:18.5 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 $911,000.00 at 0% interest from the MWRA Local Pipeline Assistance Program for the purpose of designing and constructing improvements to water pipelines. (Town Manager)

Mr. Manoogian and Town Manager, Andrew Bisignani, both spoke on the Article.

Article as voted:

Article 4. Voted to authorize the Treasurer with the approval of the Board of Selectmen, to borrow $911,000.00 at 0% interest from the MWRA Local Pipeline Assistance Program for the purpose of designing and constructing improvements to water pipelines.

Yeas: 40 Nays: 0 at 8:20 p.m.

Article 4 passes as recommended by the Finance Committee.

Mr. Jones moves Article 7.

Seconded at 8:20 p.m.

Article as written:

Article 7. To see if the Town will vote to reauthorize a revolving fund for the purpose of supporting recreational programs for the community. Established fees will be used for the operating expenses in connection with maintaining these programs. (Town Manager)

Article as voted:

Article 7. Voted to reauthorize a revolving fund for the purpose of supporting recreational programs for the community. Established fees will be used for the operating expenses in connection with maintaining these programs.

Unanimous voice vote at 8:21 p.m.

Article 7 passes as recommended by the Finance Committee.

Mr. Jones moves to Refer Article 8 back to the Town Manager.

Seconded at 8:21.5 p.m.

Article as written:

Article 8. To see if the Town will vote to re-authorize a revolving fund for the Wetland Protection Act filing fees whereby the established fees for Fiscal Year 2010 will be used for operating expenses in connection with the enforcement of the Wetland Protection Act. (Town Manager)

Vote to refer Article 8 back to the Town Manager.

Unanimous voice vote at 8:22 p.m.

Article 8 is referred.

Mr. Jones moves Article 9.

Seconded at 8:23 p.m.

Article as written:

Article 9. To see if the Town will vote to re-authorize a revolving fund for the purpose of supporting the water system cross-connection program. Established fees will be used for the operating expenses in connection with maintaining the program as mandated by the Department of Environmental Protection. (Town Manager)

Article as voted:

Article 9. Voted to re-authorize a revolving fund for the purpose of supporting the water system cross-connection program. Established fees will be used for the operating expenses in connection with maintaining the program as mandated by the Department of Environmental Protection.

Unanimous voice vote at 8:23.5 p.m.

Article 9 passes as recommended by the Finance Committee.

Mr. Jones moves Article 10.

Seconded at 8:24 p.m.

Article as written:

Article 10. To see if the Town will vote to re-authorize a revolving fund for the purpose of supporting programs and activities at the Senior Center. Established fees will be used for the operating expenses in connection with maintaining these programs. (Town Manager)

Article as voted:

Article 10. Voted to re-authorize a revolving fund for the purpose of supporting programs and activities at the Senior Center. Established fees will be used for the operating expenses in connection with maintaining these programs.

Unanimous voice vote at 8:24.5 p.m.

Article 10 passes as recommended by the Finance Committee.

Mr. Jones moves Article 11.

Seconded at 8:25 p.m.

Article as written:

Article 11. To see if the Town will vote to re-authorize a revolving fund for the purpose of supporting the Senior Lunch Program at the Senior Center. Established fees will be used for the operating expenses in connection with maintaining this program. (Town Manager)

Article as voted:

Article 11. Voted to re-authorize a revolving fund for the purpose of supporting the Senior Lunch Program at the Senior Center. Established fees will be used for the operating expenses in connection with maintaining this program.

Unanimous voice vote at 8:25.5 p.m.

Article 11 passes as recommended by the Finance Committee.

Mr. Jones moves to indefinitely postpone Article 12.

Seconded at 8:26 p.m.

Article as written:

Article 12. 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)

Vote to indefinitely postpone Article 12.

Unanimous voice vote at 8:26 p.m.

Article 12 is indefinitely postponed.

Mr. Jones moves Article 13.

Seconded at 8:26 p.m.

Article as written:

Article 13. To see if the Town will vote to raise and appropriate a sum of $3,000.00 for the purpose of participation in Help for Abused Women and Their Children Inc., (HAWC) or take any other action relative thereto. (Town Manager)

Article as voted:

Article 13. Voted to raise and appropriate a sum of $3,000.00 for the purpose of participation in Help for Abused Women and Their Children Inc., (HAWC).

Unanimous voice vote at 8:26 p.m.

Article 13 passes as recommended by the Finance Committee.

Mr. Jones moves Article 15.

Seconded at 8:26.5 p.m.

Article as written:

Article 15. To see if the Town will revoke the provisions of Chapter 44, Section 53F ½ of the Massachusetts General Laws, ceasing the Kasabuski Ice Arena as an enterprise fund effective fiscal year 2010 as recommended by the Department of Revenue and the Town’s outside auditors. (Town Manager)

Article as voted:

Article 15. Voted to revoke the provisions of Chapter 44, Section 53F ½ of the Massachusetts General Laws, ceasing the Kasabuski Ice Arena as an enterprise fund effective fiscal year 2010 as recommended by the Department of Revenue and the Town’s outside auditors.

Unanimous voice vote at 8:26.5 p.m.

Article 15 passes as recommended by the Finance Committee.

Mr. Jones moves Article 16.

Seconded at 8:26.5 p.m.

Article as written:

Article 16. To see if the Town will vote to appropriate a sum of money ($37,149.00) from the Landfill enterprise account for post closure monitoring and maintenance of the Town’s landfill. (Town Manager)

Article as voted:

Article 16. Voted to appropriate a sum of money ($37,149.00) from the Landfill enterprise account for post closure monitoring and maintenance of the Town’s landfill.

Unanimous voice vote at 8:26.5 p.m.

Article 16 passes as recommended by the Finance Committee.

Mr. Jones moves Article 17.

Seconded at 8:27 p.m.

Article as written:

Article 17. To see if the Town will revoke the provisions of Chapter 44, Section 53F ½

of the Massachusetts General Laws, ceasing the Landfill as an enterprise fund effective fiscal year 2010 as recommended by the Department of Revenue and the Town’s outside auditors. (Town Manager)

Article as voted:

Article 17. Voted to revoke the provisions of Chapter 44, Section 53F ½ of the Massachusetts General Laws, ceasing the Landfill as an enterprise fund effective fiscal year 2010 as recommended by the Department of Revenue and the Town’s outside auditors.

Unanimous voice vote at 8:27 p.m.

Article 17 passes as recommended by the Finance Committee.

Mr. Jones moves Article 18.

Seconded at 8:27.5 p.m.

Article as written:

Article 18. To see if the Town will vote to transfer a sum of money (Free Cash) as certified by the Massachusetts Department of Revenue for the Fiscal Year ended June 30, 2008, and such funds will be used as an additional revenue source for the Fiscal Year 2009 General Fund Budget voted under Article 2 of the 2008 Annual Town Meeting. (Town Manager)

Article as voted:

Article 18. Voted to transfer the sum of $134,000 (Free Cash) as certified by the Massachusetts Department of Revenue for the Fiscal Year ended June 30, 2008, and such funds will be used as an additional revenue source for the Fiscal Year 2009 General Fund Budget voted under Article 2 of the 2008 Annual Town Meeting.

Unanimous voice vote at 8:27.5 p.m.

Article 18 passes as recommended by the Finance Committee.

Mr. Jones moves Article 23 as courtesy to the petitioner.

Seconded at 8:28 p.m.

Article as written:

Article 23. To see if the Town will vote to amend the Town By-laws by adding the following new section 804.01:

804.01 This by-law prohibits commercial transient vendors and transient operators from selling food or drinks of any kind within 2,000 feet of a food and drink concession stand that services the general public and is operated by a nonprofit with the purpose of financially supporting a given facility and or the operation of the nonprofit. This prohibition shall be in effect from the time the nonprofit concession is open until one hour after it is closed. (Town Manager as a courtesy to Selectman Michael Kelleher)

Selectmen Michael Kelleher, sponsor of the article asked for support, stating that voting for this article would be a way of supporting the Town’s youth organizations.

Article as voted:

Article 23. Voted to amend the Town By-laws by adding the following new section 804.01:

Yeas: 35 Nays: 5 at 8:32 p.m.

Article 23 passes as written.

Mr. Hawkes moves that Article 27 be referred back to the Tree Committee.

Seconded at 8:34 p.m.

Article as written:

Article 27. To see if the Town will vote to amend the Town By-laws by adding the following new section:

Section 902.01 Heritage Tree Easement for Private Property

Section 1. Intent and purpose

To grant protection to Heritage Trees on Private Property for enhancement of property, quality of citizen life and to sustain the environmental health of our Community Forest.

Section 2. Definitions

Whenever the following words or terms are used in this By-law, they shall have these meanings:

“Heritage Tree” – A tree that meets one or more of the following criteria:

Old Age – 100 years or greater; Size – 32 inches diameter or greater

Species rarity

Association with specific Historic Event or Person

Outstanding Scenic Enhancement

Notable Wildlife Value

“Private Property” – Any land within the boundaries of the Town of Saugus that is not Public Property.

“Easement” or “Easement/Restriction” – a legal binding contract between the Private Property owner and the Town of Saugus (at the request of the Private Property owner) which provides for the protection of an Heritage Tree that will not impose any legal, financial or other responsibility or liability on the Town. To be enacted upon acceptance by a majority vote of the Board of Selectmen.

Section 3. Protection of Heritage Trees

Upon acceptance of an Easement the tree shall have the same protection the Town provides for a Public Shade Tree.

Section 4. Severability

In the event that any part or provision of this By-law are found or determined to be illegal or unenforceable by the Massachusetts Attorney General or any of the Massachusetts Court of competent jurisdiction, then the illegality or unenforceability of any such provision shall not affect the validity of any other provision of this By-law which provisions will remain in full force and effect.

(Timothy R. Hawkes)

Mr. Hawkes stated that this article was never meant to be about a neighborhood dispute, which is exactly what the perception has been, and therefore is asking for referral.

Vote to refer Article 27 back to the Tree Committee.

Yeas: 39 Nays: 0 at 8:34 p.m.

Article 27 is referred back to the Tree Committee.

Mr. Boesel moves Article 29, as a courtesy to the petitioner.

Seconded at 8:35 p.m.

Article as written:

Article 29. To see if the Town will vote to petition the General Court of the Commonwealth of Massachusetts to authorize the Town of Saugus to issue an additional license for the sale of alcoholic beverages to be drunk on the premises, i.e., one (1) all-alcoholic common victuler’s license to be exercised in the B2 zone of the Town. (Route 1). (George O. Gregson)

Attorney Gregson, on behalf of Square One Mall, spoke in favor of Article 29 and stated that Representative Mark Falzone has agreed to sponsor legislation should Town Meeting vote in favor of the article.

Susan Yee, of 422 Mystic Street, Arlington, MA, and Manager of Square One Mall, spoke in favor of Article 29. Ms. Yee stated that she would like to see a full service restaurant at the mall and asked to keep in mind that other North Shore Malls have such facilities. Ms. Yee also noted that the proprietor of the proposed restaurant has been in operation for many years and has a great deal of experience. The proposed restaurant, Twitters Bar & Grill, will not have live entertainment and that as of recently; Officer Thomas Gaeta now has permanent hours policing the mall, which should quell some concerns.

Mr. Manoogian makes a motion to amend Article 29 by adding at the end of the article the words “at the Square One Mall”.

Seconded at 8:41 p.m.

Mr. Boesel spoke on the article.

Mr. Manoogian spoke regarding his amendment, stating that it would guarantee the license will stay at the Mall and will not become available to other entities on Route One and asked members to please support his amendment.

Attorney Gregson stated that he was delighted with the amendment and very much supports it.

Vote on Manoogian Amendment.

Yeas: 39 Nays: 0 at 8:46 p.m.

Manoogian Amendment passes.

Article as voted:

Article 29. Voted to petition the General Court of the Commonwealth of Massachusetts to authorize the Town of Saugus to issue an additional license for the sale of alcoholic beverages to be drunk on the premises, i.e., one (1) all-alcoholic common victuler’s license to be exercised in the B2 zone of the Town at the Square One Mall.

Yeas: 35 Nays: 5 at 8:47 p.m.

Article 29 passes as amended.

Edward S.W. Boesel makes a motion to adjourn to May 18, 2009 at 7:30 p.m.

Seconded by Mr. Moses at 8:48 p.m.

Voted by unanimous voice vote to adjourn the 2009 Annual Town Meeting to Monday, May 18, 2009 at 7:30 p.m. in the Town Hall Auditorium.

Respectfully submitted,

Joanne D. Rappa

Town Clerk