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SPECIAL TOWN MEETING
MINUTES
NOVEMBER 17, 2008
Town Moderator Robert J. Long called the second session of the Special Town Meeting of October 27, 2008 to order at 8:00 p.m. on November 17, 2008 at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 42 members, plus the moderator present. A quorum is met.
Assistant Town Clerk, Marianne Moses called the roll.
Atkinson, Ronald
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Long, Robert
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P
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Attubato, Joseph
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X
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Lopresti, Anthony J.
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X
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Barressi, Sal
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X
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Malone, Barbara J.
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X
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Bartolo, Jean M.
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X
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Maltais, Sean A.
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X
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Billingsley, Stacy A.
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X
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Manoogian, Peter Z., Sr.
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X
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Boesel, Edward S.W.
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X
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McCarthy, Stephen F.
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X
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Cote, Karen
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X
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Merrifield, Henry F.
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X
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Dever, Maureen P.
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X
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Moschella, Dennis J.
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X
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Devlin F. Ann
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X
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Moses, Jeffrey D., Sr.
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X
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DiNardo, Albert J.
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X
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Nelson, Stephen A.
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Dockery, Michael
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X
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Nicosia, Nicola M.
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X
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Faiella, Ellen L.
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Nuzzo, Richard
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Falasca, Thomas A.
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X
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Palczynski, Joseph, Jr.
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X
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Flynn, Patrick M.
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Politano, Kimberly A.
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X
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Gill, Charles F.
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Rodenhiser, Joyce C.
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X
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Goodwin, Pamela J.
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X
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Serino, Angelo, Jr.
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X
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Grabowski, Arthur
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X
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Smith, James F., Jr.
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X
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Groark, Laura Z.
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X
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Smith, Rick A.
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X
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Hansen, John N.
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X
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Stewart, Thomas
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X
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Hawkes, Timothy R.
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X
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Sullivan, Betty Ann
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X
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Hoffman, Robert D.
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Sweezey, Stephen D.
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Johnson, Patricia Anne
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Valente, Anthony
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Jones, William R.
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X
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VanSteensburg, Paul J., II
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X
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Lawrence, Raymond
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Vecchio, Matthew J.
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Leuci, Janet
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Witten, Margaret H.
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X
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43 MEMBERS IN ATTENDANCE
Janet M. Leuci from Precinct 4 will be making motions, as a courtesy this evening, as needed.
Edward S. W. Boesel from Precinct 9 and Joyce C. Rodenhiser from Precinct 1 were appointed and sworn as tellers.
Tellers passed out Finance Committee recommendations.
Article 1. Reports of Committees.
Mr. Robert Palleschi, Chairman of the Finance Committee spoke on Finance Committee recommendations.
A motion was made to take Articles 32 and 33 out of order.
Seconded at 8:01 p.m.
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Unanimous voice vote to take Article 32 & 33 out of order at 8:01 p.m.
Article 32 & 33 are taken out of order.
Mrs. Leuci moves, as a courtesy to Finance Committee, to take Article 32.
Seconded at 8:01 pm.
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2nd session
Article as written:
Article 32. To see if the Town will vote to accept the following provisions of Massachusetts General laws. (Commission on Disabilities)
Chapter 40 Section 22A. Parking Meters: fees; exemptions from fees for disabled veterans and handicap persons; bicycle locking devices; motorcycle parting; restricted parking areas for veterans and handicap persons.
Chapter 384 of the Acts of 2000.
Chapter 40 Section 22G. Funds received from fines for handicap parking violations; deposits in account expenditures.
Chapter 90 Section 2. Motor Vehicles and Aircraft (Dash Board Placard Misuse).
Chapter 90 Section 20A. Parking regulations; violations; notice to appear; failure to appear; adjudication by mail.
Chapter 40 Section 21. By-laws of Town; purpose.
Mr. Robert Hoffman, Precinct 8 wishes to correct the spelling in Chapter 40 Section 22A, after motorcycle, it should be parking not parting.
Stephen Sweezey, Precinct 2; Pat Martin, 42 Lincoln Avenue, Commission on Disabilities; Police Chief Domenic DiMella; Sean Maltais, Precinct 6; Al Dinardo, Precinct 4; Town Manager, Andrew Bisignani; Peter Manoogian, Precinct 10; Dennis Gould, 6 Serino Way, Fae Saulenus, 26 Beachview Ave (former town meeting member, Precinct 10); Selectman Stephen Horlick; Lenny Melanson, 846 Broadway, Lot #21; and Maureen Dever, Precinct 3 all spoke on the article.
Article as voted :
Article 32: Voted to accept the following provisions of Massachusetts General laws. (Commission on Disabilities)
Chapter 40 Section 22A. Parking Meters: fees; exemptions from fees for disabled veterans and handicap persons; bicycle locking devices; motorcycle parking; restricted parking areas for veterans and handicap persons.
Chapter 384 of the Acts of 2000.
Chapter 40 Section 22G. Funds received from fines for handicap parking violations; deposits in account expenditures.
Chapter 90 Section 2. Motor Vehicles and Aircraft (Dash Board Placard Misuse).
Chapter 90 Section 20A. Parking regulations; violations; notice to appear; failure to appear; adjudication by mail.
Chapter 40 Section 21. By-laws of Town; purpose.
Unanimous voice vote at 8:30 pm
Page 3 of 11
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2nd session
Article 32 passes
Mrs. Leuci moves to refer Article 33 to next Special or Annual Town Meeting.
Seconded at 8:31 p.m.
Article as written:
Article 33. To see if the Town will vote to raise and appropriate the amount of $150,000 for the repair, replacement and or installation of A.D.A. compliant sidewalk ramps at and around schools, government buildings, areas of Saugus Center, Cliftondale, Essex Street, Main Street (route to Square One Mall). The appropriation shall be raised by borrowing or to take any other action relative thereto. (Albert J. DiNardo)
Al DiNardo, Precinct 4 asked for support on this article as written.
Kathy Forbes, 89 Jasper Street; Pat Martin, 42 Lincoln Avenue; Midge (Marion) Dawicki,4511 Scotts Mill Ct.; all spoke in favor of this article.
Mr. DiNardo moves Article 33 as written at 8:35 p.m.
Seconded at 8:36 p.m.
Mr. Manoogian moves to amend Article 33 by adding at the end “ No borrowing shall take place before May 15th, 2009”.
Seconded at 8:40 p.m.
Mr. Palleschi, Chairman, Finance Committee, Town Manager Andrew Bisignani; and Alex Singer, 135 Water Street all spoke on this article.
Fae Saulenas, 26 Beachview Avenue asks that Town Meeting support the amendment of Peter Manoogian. Dennis Gould, 6 Serino Way also emphasized that there are many areas that need to be fixed. He also asked for support of the article.
Al Dinardo asked for 14 other members to stand with him for a roll call vote on Article 33 amendment.
15 members standing, a roll call vote is ordered.
Roll Call Vote for Amendment on Article 33.
Atkinson, Ronald
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A
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Long, Robert
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Attubato, Joseph
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Y
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Lopresti, Anthony J.
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Y
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Barressi, Sal
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Y
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Malone, Barbara J.
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Y
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Bartolo, Jean M.
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Y
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Maltais, Sean A.
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Y
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Billingsley, Stacy A.
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Y
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Manoogian, Peter Z., Sr.
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Y
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Boesel, Edward S.W.
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Y
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McCarthy, Stephen F.
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Y
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Cote, Karen
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Y
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Merrifield, Henry F.
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Y
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Dever, Maureen P.
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Y
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Moschella, Dennis J.
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Y
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Devlin F. Ann
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Y
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Moses, Jeffrey D., Sr.
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Y
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DiNardo, Albert J.
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Y
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Nelson, Stephen A.
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A
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Dockery, Michael
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Y
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Nicosia, Nicola M.
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Y
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Faiella, Ellen L.
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A
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Nuzzo, Richard
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A
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Falasca, Thomas A.
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Y
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Palczynski, Joseph, Jr.
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Y
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Flynn, Patrick M.
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A
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Politano, Kimberly A.
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Y
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Gill, Charles F.
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Y
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Rodenhiser, Joyce C.
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Y
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Goodwin, Pamela J.
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Y
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Serino, Angelo, Jr.
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Y
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Grabowski, Arthur
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Y
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Smith, James F., Jr.
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Y
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Groark, Laura Z.
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Y
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Smith, Rick A.
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Y
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Hansen, John N.
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Y
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Stewart, Thomas
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Y
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Hawkes, Timothy R.
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Y
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Sullivan, Betty Ann
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Y
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Hoffman, Robert D.
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Y
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Sweezey, Stephen D.
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Y
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Johnson, Patricia Anne
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A
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Valente, Anthony
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A
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Jones, William R.
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Y
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VanSteensburg, Paul J., II
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Y
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Lawrence, Raymond
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Y
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Vecchio, Matthew J.
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Y
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Leuci, Janet
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Y
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Witten, Margaret H.
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Y
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A= ABSENT
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P=PRESENT
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Y=YES
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Yeas: 42 Nays: 0 at 8:56 p.m.
Manoogian amendment passes.
Vote on referral to next special or annual.
Yeas: 0 Nays: 39 at 8:59 p.m.
Vote on referral does not pass.
.
Article as voted:
Article 33: Voted to raise and appropriate the amount of $150,000 for the repair, replacement and or installation of A.D.A. compliant sidewalk ramps at and around schools, government buildings, areas of Saugus Center, Cliftondale, Essex Street, Main Street (route to Square One Mall). The appropriation shall be raised by borrowing or to take any other action relative thereto. No borrowing shall take place before May 15, 2009.
Yeas: 42 Nays: 0 at 9:00 p.m.
Article 33 passes as amended.
Moderator Long called short recess at 9:00 p.m.
Meeting was called back to order at 9:10 p.m.
Mrs. Leuci moves, as a courtesy to the Finance Committee, to refer Article 12 to the Annual Town Meeting.
Seconded at 9:11 p.m
Article as written:
Article 12. To see if the Town will vote to raise and appropriate from the tax levy, or transfer from available funds, a sum of money ($23,575.00) for the purpose of funding the Saugus Public Library for the remainder of Fiscal Year 2009, through June 30, 2009. (Town Manager as a courtesy to the Library Board of Trustees).
Mary Ellen Picardi, 16 Granite Road, Trustee-Saugus Public Library, asked for support on this article.
Mr. Palleschi, Chairman, Finance Committee; and Ken DePatteo, Vice-Chairman, Finance Committee both asked for referral until they could review excel spreadsheet that they had just received before the start of Town Meeting.
Mr. Gill requests a roll call vote on the referral. 19 members standing. Roll call vote ordered at 9:20 p.m.
Page 5 of 11
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2nd session
Mary Ellen Picardi, 16 Granite Road; Rick Smith, and Ewa Jankowski, Library Director all spoke on article.
Mr. Manoogian moves to refer Article 12 back to Finance Committee.
Seconded at 9:37.5 p.m.
Maureen Dever, Mr. Palleschi, Selectman Stephen Horlick and Jean Bartolo (former member – Library Board of Trustees) all spoke on article.
A vote came on referring Article 12 back to the Finance Committee.
Yeas: 37 Nays: 5 at 9:45 p.m.
Article 12 is referred back to Finance Committee.
Mrs. Leuci moves , as a courtesy to the Finance Committee, that Article 13 be referred to next Special Town Meeting.
Seconded at 9:45 p.m.
Article as written:
Article 13. To see if the Town will vote to transfer a sum of money from various Fiscal Year 2009 Library expenses appropriated to various Fiscal Year 2009 Library salary appropriations. (Town Manager as a courtesy to the Library Board of Trustees).
A vote came to Refer Article 13 to the next Special Town Meeting.
Yeas: 36 Nays: 3 at 9:45.5 p.m.
Article 13 is referred to next Special Town Meeting.
Mrs. Leuci moves, as a courtesy to the Finance Committee, Article 29.
Seconded at 9:46 p.m.
Article as written:
Article 29. To see if the Town will vote to transfer and appropriate a sum of money ($21,000.00) from the Water Enterprise Fund Retained Earnings and ($21,000.00) from the Sewer Enterprise Fund Retained Earnings, as certified by the Mass. Department of Revenue for the Fiscal Year ended June 30, 2008 and such funds shall be used as an additional salary appropriation equally divided within the Water and Sewer Enterprise funds. (Town Manager)
Mr. Joseph Attubato, Director of Public Works asked for support on this article.
Town Manager, Andrew Bisignani asked for support on this article. The DPW has lost seven positions in the last few years, due to budget cuts. This position was not funded in
the Fiscal Year 2009 budget. They continue to have numerous water breaks each year. The money is being transferred from the Water & Sewer Enterprise Accounts.
Page 6 of 11
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2nd session
Article as voted:
Article 29. Voted to transfer and appropriate a sum of money ($21,000.00) from the Water Enterprise Fund Retained Earnings and ($21,000.00) from the Sewer Enterprise Fund Retained Earnings, as certified by the Mass. Department of Revenue for the Fiscal Year ended June 30, 2008 and such funds shall be used as an additional salary appropriation equally divided within the Water and Sewer Enterprise funds.
Yeas: 42 Nays: 0 at 9:50 p.m.
A motion was made to take Article 35, Article 36 and Article 38 out of order.
Seconded at 9:50 p.m.
A vote came to take Article 35, Article 36 and Article 38 out of order.
Yeas: 37 Nays: 0 at 9:50.5 p.m.
Article 35, 36 and 38 voted to be taken out of order.
Mr. Sweezey, Precinct 2 moves to take Article 35.
Seconded at 9:55 p.m.
Mrs. Leuci moves, as a courtesy to the Finance Committee, to indefinitely postpone Article 35.
Seconded at 9:55.5 p.m.
Article as written:
Article 35. To see if the Town will vote to amend the Town By Laws adding the following new section, 602.07(a):
602.07(a) No person shall refuse, when requested by a Police Officer, to give his/her True Name, Address, Date and Place of Birth when that person is being questioned, or the suspect of unlawful design, as provided under Chapter 41 section 98, this regulation shall apply to persons while on, in or upon any public way, upon any way in which the public has a right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area or
on private land or place without consent of the owner or person in control thereof. Violators may be arrested without a warrant. Any vehicle used, or under the control of any person found to be in violation of this section may be towed at the expense of the owner and under the direction of the Police Department. Those persons found in violation of this By Law shall forfeit and pay for each offense a find of Two Hundred ($200.00) dollars. (Stephen Sweezey)
Mr. Palleschi asked that Town Meeting support the Finance Committee recommendations.
Mr. Sweezey, Police Chief DiMella, Selectmen Rossetti, all spoke on the need for passage of this article.
Mr Manoogian commented on the article and asked that it be referred back to the maker.
Seconded at 10:05 p.m.
Mr. Sweezey stated that it was a necessary tool to do their job.
Page 7 of 11
STM Minutes/October 27, 2008 2nd session
Mrs. Devlin, Prec. 1; Mrs Dever, Prec 3; and Tim Hawkes all said they could not support it as submitted.
Selectmen Rossetti and Nick Nicosia asked for support of the article.
A vote came on referring Article 35 back to the maker.
Yeas: 14 Nays: 22 at 10:16 p.m.
Referral is not ordered.
A vote came on indefinitely postponing Article 35.
Yeas: 13 Nays: 27 at 10:17 p.m.
Article 35 is NOT indefinitely postponed.
A vote came on the Main Motion.
Article as voted:
Article 35: Voted to amend the Town By Laws adding the following new section, 602.07(a):
602.07(a) No person shall refuse, when requested by a Police Officer, to give his/her True Name, Address, Date and Place of Birth when that person is being questioned, or the suspect of unlawful design, as provided under Chapter 41 section 98, this regulation shall apply to persons while on, in or upon any public way, upon any way in which the public has a right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area or on private land or place without consent of the owner or person in control thereof. Violators may be arrested without a warrant. Any vehicle used, or under the control of any person found to be in violation of this section may be towed at the expense of the owner and
under the direction of the Police Department. Those persons found in violation of this By Law shall forfeit and pay for each offense a find of Two Hundred ($200.00) dollars.
Yeas: 26 Nays: 14 at 10:17.5 p.m.
Article 35 passses as written.
Mrs. Leuci moves to indefinitely postpone Article 36.
Seconded at 10:19 p.m.
Article 36 as written:
Article 36. To see if the Town will vote to appropriate the sum of $25,000 for the Saugus Historical Commission to be used for an archeological reconnaissance survey of the Town as recommended by the Massachusetts Historical Commission. (Stephen P. Carlson)
A vote came to Indefinitely Postpone Article 36.
Unanimous voice vote at 10:20 p.m.
Page 8 of 11
STM Minutes/October 27, 2008
2nd session
Article 36 is Indefinitely Postponed.
Mrs. Leuci moves, as a courtesy to the Finance Committee, to refer Article 38 to the next Annual Town Meeting.
Seconded at 10:21 p.m.
Article as written:
Article 38. To see if the Town will vote to raise and appropriate, or transfer from available funds the sum of $75,000 to the Youth and Recreation Budget #631, for the purpose of restoring Special Youth Programs, or to take any other action relative thereto. (Stephen Horlick)
A vote came to refer Article 38 to the Annual Town Meeting.
Unanimous voice vote at 10:21 p.m.
Article 38 is referred to the Annual Town Meeting.
Moderator Robert Long suggests that all the street articles are voted on at the same time.
A motion from the floor to vote on all the street articles with one vote.
Seconded at 10:21 p.m.
Mr. Long stated that in Article 19, Sheffield Way should be deleted.
Mrs. Leuci makes a motion to amend Article 19 by deleting Sheffield Way.
Seconded at 10:21 p.m.
Unanimous voice vote to delete Sheffield Way at 10:22 p.m.
Article 19 is amended.
Mrs. Leuci moves, as a courtesy, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, as amended, Article 20, Article 21, Article 22, Article 23, Article 24, Article 25, Article 26, and Article 27 and Article 28.
Seconded at 10:22 p.m.
Articles as written:
PLEASE SEE ORIGINAL ARTICLES IN THE WARRANT.
Mr. Attubato moves to accept the articles as read.
Seconded at 10:22.5 p.m.
Mr. Manoogian asked if it was legal to do all the street articles at one time. Mr. Vasapolli, Town Counsel, said that it was acceptable to vote all at one time.
Articles as voted:
Article 14: Voted pursuant to MGL c. 82 to accept Nikole Circle as shown on a plan of land entitled “Definitive Plan” Forest Street, Saugus Massachusetts, prepared for Richard Amico Electrical Construction, Inc., by Otte & Dwyer, Inc., recorded with Essex South Registry of Deeds on October 4, 1999 as Plan No. 16 in Book 338. Form K recorded in Book 20061 Page 154.
Page 9 of 11
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2nd session
Article 15: Voted pursuant to MGL c. 82 to accept Homeland Avenue and Homeland Circle, by Otte & Dwyer, Inc., recorded with Essex South Registry of Deeds as Plan No. 81 in Book 292. Form K recorded in Book 15735 Page 23.
Article 16: Voted pursuant to MGL c. 82 to accept Sharon Drive, Nirvana Drive, Susan Drive Extension and Oak Point Road Extension, by Carter & Towers Engineering Corp., appearing on a plan entitled Subdivision Plan Oak Point Road recorded with Essex South Registry of Deeds as Plan Book 236, Plan 13. Form K recorded in Book 17677 Page 92.
Article 17: Voted pursuant to MGL c. 82 to accept Cherry Street Extension as shown on a plan of land entitled Cherry Street Extension, Saugus, MA dated May 2, 1988, by Parsons & Faia, Inc., recorded with Essex South Registry of Deeds as Plan No. 250 in Book 39. Form K recorded in Book 13495 Page 272.
Article 18: Voted pursuant to MGL c. 82 to accept Columbus Avenue Extension as shown on a plan of land entitled “Definitive Plan” Columbus Avenue Extension, dated August 24, 1998 revised December 30, 1998 and further revised June 10, 1999, Saugus, Massachusetts, by Otte & Dwyer, Inc., recorded with Essex South Registry of Deeds as Book 338, Page 45. Form K recorded in Book 20011 Page 70.
Article 19: Voted pursuant to MGL c. 82 to accept Hammersmith Village I, II, and III, Hammersmith Drive, Lamplighter Way, Tanglewood Drive, Heatherwood Circle, Blacksmith Way, Water Wheel Lane, Candlewood Court, and Chadwick Circle, by Hayes Engineering, Inc., recorded with Essex South Registry of Deeds on April 5, 1991 as Book 10753, Page 370 and Land Court Document No. 261319. Form K Recorded in Book 15120 Page 442.
Article 20: Voted pursuant to MGL c. 82 to accept Brentwood Estates, Cheever Avenue from Viking to Cul-de-sac, Long Pond Drive, and Magnolia Avenue from Cheever to NE Power, as shown on a plan of land entitled “Brentwood Estates Modified Subdivision”, by Otte & Dwyer, Inc., recorded with Essex South Registry of Deeds on as Plan Book 336, Plan 89, Essex South Registry of Deeds and Lot 15 Sheet 2 as shown on a plan numbered 27220-A dated November 29, 1956 with Certificate No. 27073-27076 inclusive, recorded with Essex South Registry of Deeds. Form K recorded in Book 23727 Page 492.
Article 21: Voted pursuant to MGL c. 82 to accept Valeri Drive, by Hayes Engineering Inc., recorded with Essex South Registry of Deeds, Plan book 242 Plan 4 and Plan book 251 Plan 48. Form K recorded in Book 12581 Page 599.
Article 22: Voted pursuant to MGL c. 82 to accept Vintage Drive, Vintage Heights, Hamilton Street, Saugus, MA, prepared for Building Block Realty Trust by Otte & Dwyer, Inc., recorded with Essex South Registry of Deeds, Book 308, Plan 45. Form K recorded in Book 24272 Page 593.
Article 23: Voted pursuant to MGL c. 82 to accept Fay Court, by Otte & Dwyer, Inc., recorded with Essex South Registry of Deeds Plan Book, 290, Plan 11. Form K recorded in Book 15801 Page 58.
Article 24: Voted pursuant to MGL c. 82 to accept Gianna Drive, Bria Circle, and Indian Road to Lynnfield line, Hidden Valley Estates, by Otte & Dwyer, Inc., recorded with Essex South Registry of Deeds as Plan Book 325, Plan 25. Form K recorded in Book 27593 Page 364.
Article 25: Voted pursuant to MGL c. 82 to accept Appleton Place, prepared for Building Block Realty Trust, Saugus, MA, by Otte & Dwyer, Inc., recorded with Essex
Page 10 of 11
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2nd session
South Registry of Deeds as Appleton Place, Plan Book 270, Plan 84. Form K recorded in Book 12291 Page 567.
Article 26: Voted , pursuant to MGL c. 82 to accept Heritage Lane, Berthold Farms Subdivision as shown on a plan of land entitled “Definitive Plan” Berthold Farms, Saugus, Massachusetts, by Hayes Engineering, Inc., recorded with Essex South Registry of Deeds Plan Book 305 Plan 60. Form K recorded in Book 15989 Page 40.
Article 27: Voted , pursuant to MGL c. 82 to accept Crimson Court as shown on a plan of land entitled “Definitive Plan of Land” Crimson Court, Saugus, Ma, by Otte & Dwyer, Inc., recorded in Essex South Registry of Deeds Plan Book 290 Plan 88. Form K recorded in Book 15411 Page 294.
Article 28: Voted pursuant to MGL c. 82 to accept “Forest Highlands Subdivision”, Saugus, MA, by Carter & Towers Engineering Corp., Rockland Terrace, Oakridge Drive, Stonecrest Drive, Foliage Drive and Wildwood Terrace as shown on a plan recorded at the Essex South Registry of Deeds in Plan Book 165 Page 61. Form K recorded in Book 28082 Page 545.
Yeas: 38 Nays: 1 at 10:25 p.m.
Articles 14 through 18, Article 19 as amended, Articles 20 through 28 passes.
Mrs. Leuci moves, as a courtesy, Article 37.
Seconded at 10:25 p.m.
Article 37 as written:
Article 37. To see if the Town will vote to amend the Town of Saugus Bylaw 601.02 c, that reads:
“For controlling and abating noise from whatever source including, but not limited to Street Sweeping of Parking Lots, Pick-up/delivery of Dumpsters, Trash Collection,
Outside Operation of Machinery/Power Equipment, Pick-up/delivery by Trucks/Tractor Trailers. As authorized by Massachusetts General Laws Chapter 40 Section 21, Subsection (22). This By law shall not limit the Board of Selectmen’s authority to restrict hours of operations under its license authority. Such operations/activities shall be prohibited between the hours after 10:00 P.M. or prior to 7:00 A.M. Exceptions to this regulation may be granted by a vote of the Saugus Board of Selectmen, or in case of Emergency Repairs/Weather related Emergencies/snow removal, flooding, power failures.
Those persons found in violation of this By law shall forfeit and pay for each offense a fine of Two Hundred ($200.00) dollars.”
To include the words, “except for the delivery of newspapers,” so that the By law reads as follows:
“For controlling and abating noise from whatever source including, but not limited to Street Sweeping of Parking Lots, Pick-up/delivery of Dumpsters, Trash Collection, Outside Operation of Machinery/Power Equipment, Pick-up/delivery by Trucks/Tractor Trailers except for the delivery of newspapers. As authorized by Massachusetts
General Laws Chapter 40 Section 21, Subsection (22). This By law shall not limit the Board of Selectmen’s authority to restrict hours of operations under its license authority. Such operations/activities shall be prohibited between the hours after 10:00 P.M. or prior to 7:00 A.M. Exceptions to this regulation may be granted by a vote of the Saugus Board
Page 11 of 11
STM Minutes/October 27, 2008
2nd session
of Selectmen, or in case of Emergency Repairs/Weather related Emergencies/snow removal, flooding, power failures.
Those persons found in violation of this By law shall forfeit and pay for each offense a fine of Two Hundred ($200.00) dollars.” (Stephen Horlick)
Selectmen Stephen Horlick said that he was submitted this article as a coutesy to the business community and asked for the support of Town Meeting.
Mr. Rossetti spoke on the article.
Article as voted:
Article 37: Voted to amend the Town of Saugus Bylaw 601.02 c, that reads:
“For controlling and abating noise from whatever source including, but not limited to Street Sweeping of Parking Lots, Pick-up/delivery of Dumpsters, Trash Collection, Outside Operation of Machinery/Power Equipment, Pick-up/delivery by Trucks/Tractor Trailers. As authorized by Massachusetts General Laws Chapter 40 Section 21, Subsection (22). This By law shall not limit the Board of Selectmen’s authority to restrict hours of operations under its license authority. Such operations/activities shall be prohibited between the hours after 10:00 P.M. or prior to 7:00 A.M. Exceptions to this regulation may be granted by a vote of the Saugus Board of Selectmen, or in case of Emergency Repairs/Weather related Emergencies/snow removal, flooding, power failures.
Those persons found in violation of this By law shall forfeit and pay for each offense a fine of Two Hundred ($200.00) dollars.”
To include the words, “except for the delivery of newspapers,” so that the By law reads as follows:
“For controlling and abating noise from whatever source including, but not limited to Street Sweeping of Parking Lots, Pick-up/delivery of Dumpsters, Trash Collection, Outside Operation of Machinery/Power Equipment, Pick-up/delivery by Trucks/Tractor Trailers except for the delivery of newspapers. As authorized by Massachusetts
General Laws Chapter 40 Section 21, Subsection (22). This By law shall not limit the Board of Selectmen’s authority to restrict hours of operations under its license authority. Such operations/activities shall be prohibited between the hours after 10:00 P.M. or prior to 7:00 A.M. Exceptions to this regulation may be granted by a vote of the Saugus Board of Selectmen, or in case of Emergency Repairs/Weather related Emergencies/snow removal, flooding, power failures.
Those persons found in violation of this By law shall forfeit and pay for each offense a fine of Two Hundred ($200.00) dollars.”
Yeas: 29 Nays: 7 at 10:30 p.m.
Article 37 passes as written.
Edward S. W. Boesel moves to adjourn the Special Town Meeting SINE DIE..
Seconded at 10:33 p.m.
Special Town Meeting adjourns SINE DIE at 10:33 p.m.
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