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ANNUAL TOWN MEETING
MINUTES
JUNE 22, 2009
Town Moderator, Robert J. Long, called the third session of the 2009 Annual Town Meeting held on June 22, 2009 to order at 7:30 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 46 members, plus the moderator present.
The Moderator led the meeting in the salute to the Flag.
Town Clerk, Joanne Rappa, called the roll.
Atkinson, Ronald
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X
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Long, Robert
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X
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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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A
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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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Connors, Arthur D., Jr.
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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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X
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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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X
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Nuzzo, Richard
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A
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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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A
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Politano, Kimberly A.
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X
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Gill, Charles F.
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X
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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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X
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Sweezey, Stephen D.
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X
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Johnson, Patricia Anne
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X
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Valente, Anthony
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X
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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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X
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Vecchio, Matthew J.
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X
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Leuci, Janet
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X
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Witten, Margaret H.
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X
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With 47 members, including the Moderator present, a quorum is met.
Joseph Palczynski from precinct ten and Edward S. W. Boesel from precinct nine were appointed and sworn as tellers.
Moderator Long explained that Anthony Valente, from precinct five, would, as a courtesy to the Finance Committee, be making motions this evening.
Tellers distributed handouts, which included the Finance Committee recommendations and information regarding Article 28.
Moderator Long explained how Article 2 has been voted on in the past and members should consider if they prefer to have the article voted on in its entirety, or as two separate votes, one for the school budget and one for the town budget. Mr. Long further stated that it is his hope that this will be the last night of the Annual Town Meeting.
Mr. Long thanked Town Manager, Andrew Bisignani; Superintendent of Schools, Richard Langlois; Town Accountant, Joan Regan and her staff; Finance Committee members, Chairman, Robert Palleschi, Carl Mirabello, Diana Tai Yan White, George DeDomenico, Joh Reed, Ken DePatto, Louis Rossi, Ronald Jepson and Theresa Katsos as a magnificent job has been done, completing and reviewing the budget early enough for Town Meeting to review the data this year. Mr. Long then thanked Town Clerk, Joanne Rappa, for all her hard work.
Article 1. Reports of Committees.
Chairman of the Finance Committee, Robert Palleschi stated that he considers this a temporary budget and he feels that a commitment should be made this evening to consider calling a Special Town Meeting in August to revisit the budget. Mr. Palleschi also thanked the Finance Committee members for their hard work and diligence over the past several months, noting how much time spent has been spent reviewing all the articles, sometimes meeting twice a week.
Mr. Palleschi noted that due to many issues, this budget has been a difficult one and asks that Town Meeting vote FinCom recommendations, but to make a commitment to meet again in August.
Moderator Long reminded members that if anyone anticipated making amendments, they must specify where that money would be taken from and where the money will be going. Mr. Long then asked for a show of hands if Article 2 should be taken as a single motion.
Yeas: 24 Nays: 20 at 8:48 p.m.
Mr. Valente moves, as a courtesy, Article 2 as recommended by the Finance Committee.
Seconded at 8:49 p.m.
Article as written:
Article 2. To see what sum of money the Town will vote to raise and appropriate for Town Charges for the Ensuing fiscal year 2010. (Town Manager)
Mr. Richard Langlois, Superintendent of Schools, did a power point presentation. Prior to the presentation, Mr. Langlois thanked various departments for their cooperation during his first year as Superintendent, and noted that it has been very interesting.
During his presentation, Mr. Langlois noted that if he does not get the $450,000 increase in his budget, he anticipates that there will be a loss of employees and the schools risk being in compliance with state and federal mandates. Cuts cannot come from the high school level, because accreditation is at risk, so they must come from the middle and grammar school levels. Mr. Langlois noted that he realizes that money is tight and doesn’t want other department’s positions or salaries to suffer, but it is time to look at what is needed for the children of Saugus.
Maureen Dever, Town Manager Bisignani and School Committee member, Frederick Doucette, all spoke regarding the School Budget.
Selectmen Michael Kelleher noted that nine other communities agree with him that the Vocational School formula should be changed and stated that he does not agree with the Finance Committee recommendations to vote the Vocational School Budget. Mr. Kelleher suggests that the money be put into the School Department Budget at this time.
Rick Smith stated that after attending several Finance Committee meetings, no matter how this is viewed, Saugus is subsidizing other communities and noted that we pay 75% more than Chelsea and feels that money should be going into our own community, not others. The formula needs to change, and we must set an example to the state.
Town Manager Bisignani stated that he is not an advocate for the formula, but it is what it is and by not appropriating this money the Department of Revenue will not allow us to move ahead. We need a balanced budget by the first of July and noted that the tax recapitulation must be submitted to DoR in a timely fashion and asked that members please vote the Finance Committee’s recommendation.
Mr. Peter Manoogian suggested that we vote the Finance Committee recommendations, but only if the Selectmen agree to support his idea of coming back in August to review Article 2 in its entirety.
Selectman Kelleher informed members that Special Town Meetings have already been called for this summer. Moderator Long noted that the Board has already been informed that the Clerk’s Office is currently understaffed and only temporary help will be in the office the week of August 10th, and therefore, no clerk will be available to attend Town Meeting on that date.
Selectmen Peter Rossetti stated that the Vocational School formula is clearly unfair and must be revised. However, to do so, requires the Vocational School Committee to vote by unanimous consent, which has not been done. Mr. Rossetti further stated that we should make no mistake, if you don’t pay this now, you will pay later, but paying the lesser amount will make a statement.
Mr. Palleschi stated that the previous speaker from Precinct 10 has the right idea to review this at a later time because we must have a balanced budget by July 1st.
Manager Bisignani noted that the recommended vote was to fund the Vocational School Budget the same amount appropriated last year, not the amount requested.
Mr. Jeffrey Moses asked if money from the state becomes available, would it be prudent to place that money in the School Budget. Mr. Bisignani stated that no money has been approved at this time and we should not spend money we simply don’t have.
Mr. Joseph Malone, Chairman of the School Committee, thanked Mr. Langlois and his team for the tremendous job they are doing and reminded members that at the time the Schools signed onto the GIC, they were promised money to support the teachers.
Mrs. Dever makes a motion “To lay on the table article 2 of the Annual Town Meeting which began on May 4, 2009 and is called into session today, June 22, 2009.” Mrs. Dever also asked for fourteen other Town Meeting members to stand for a roll call vote on this motion.
Seconded at 9:03 p.m.
Fourteen other members standing, a roll call vote is ordered.
Atkinson, Ronald
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Long, Robert
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P
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Attubato, Joseph
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N
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Lopresti, Anthony J.
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N
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Barressi, Sal
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A
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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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N
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Connors, Arthur D., Jr.
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N
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Merrifield, Henry F.
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N
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Dever, Maureen P.
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Y
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Moschella, Dennis J.
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N
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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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Y
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Dockery, Michael
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N
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Nicosia, Nicola M.
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N
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Faiella, Ellen L.
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N
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Nuzzo, Richard
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A
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Falasca, Thomas A.
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N
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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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N
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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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N
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Grabowski, Arthur
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N
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Smith, James F., Jr.
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N
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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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N
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Johnson, Patricia Anne
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Y
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Valente, Anthony
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Y
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Jones, William R.
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N
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VanSteensburg, Paul J., II
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N
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Lawrence, Raymond
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Y
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Vecchio, Matthew J.
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N
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Leuci, Janet
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Y
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Witten, Margaret H.
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N
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Yeas: 26 Nays: 19 at 9:06 p.m.
Article 2 is tabled.
A five-minute recess is called. Moderator Long called the session back to order at 9:20 p.m.
Ms. Patricia Anne Johnson moves reconsideration.
Ms. Dever, quoting from Roberts Rules, notes that this is a non-debatable vote.
Ms. Johnson moves to take Article 2 from the table.
Seconded at 9:25 p.m.
Ms. Dever stated that it is not unreasonable to go forward next Monday with Article 2 and asked that others vote not to take it off the table until a solution is found.
Ms. Johnson asked for a vote to take Article two off the table so that other options can be reviewed at this time.
Ms. Janet Leuci asked for 14 other members to stand with her for a roll call vote to take Article 2 off the table.
Fourteen other members standing, a roll call vote is ordered.
Atkinson, Ronald
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N
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Long, Robert
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P
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Attubato, Joseph
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N
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Lopresti, Anthony J.
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Y
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Barressi, Sal
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A
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Malone, Barbara J.
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N
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Bartolo, Jean M.
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N
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Maltais, Sean A.
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N
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Billingsley, Stacy A.
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N
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Manoogian, Peter Z., Sr.
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N
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Boesel, Edward S.W.
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N
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McCarthy, Stephen F.
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Y
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Connors, Arthur D., Jr.
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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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N
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Moschella, Dennis J.
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Y
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Devlin F. Ann
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N
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Moses, Jeffrey D., Sr.
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Y
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DiNardo, Albert J.
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N
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Nelson, Stephen A.
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N
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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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Y
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Nuzzo, Richard
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A
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Falasca, Thomas A.
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N
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Palczynski, Joseph, Jr.
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N
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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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N
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Goodwin, Pamela J.
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N
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Serino, Angelo, Jr.
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Y
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Grabowski, Arthur
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N
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Smith, James F., Jr.
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Y
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Groark, Laura Z.
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N
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Smith, Rick A.
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N
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Hansen, John N.
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N
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Stewart, Thomas
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N
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Hawkes, Timothy R.
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N
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Sullivan, Betty Ann
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N
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Hoffman, Robert D.
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N
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Sweezey, Stephen D.
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Y
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Johnson, Patricia Anne
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Y
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Valente, Anthony
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Y
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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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N
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Vecchio, Matthew J.
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Y
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Leuci, Janet
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N
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Witten, Margaret H.
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Y
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Yeas: 20 Nays: 26 at 9:30 p.m.
Article 2 is NOT removed from the table.
Mr. Valente moves, as a courtesy to the Finance Committee, Article 5.
Seconded at 9:32 p.m.
Article as written:
Article 5. To see what sums of money the Town will vote to raise and appropriate for the Water Enterprise Fund for the ensuing fiscal year 2010. (Town Manager)
Article as voted:
Article 5. Voted that the following sums be appropriated to operate the Water Enterprise Fund:
Recommended Budget:
Salaries 342,788
Expenses 639,900
MWRA Assessment 2,701,118
Capital Outlay 0
Debt & Interest 999,807
Sub Total 4,683,613
Indirect Costs:
Benefit Costs 160,202
Central Service Depts. Cost 218,393
Other Related Cost 19,791
Sub Total 398,386
Total: 5,081,999
$4,575,493 to come from Water Enterprise Revenues, $506,506 to come from retained water earnings.
$398,386 to be appropriated in the General Fund and funded from Water Enterprise Revenues.
Yeas: 46 Nays: 0 at 9:33 p.m.
Article 5 passes as recommended by the Finance Committee.
Mr. Valente moves, as a courtesy to the Finance Committee, Article 6.
Seconded at 9:35 p.m.
Article as written:
Article 6. To see what sums of money the Town will vote to raise and appropriate for the Sewer Enterprise Fund for the ensuing fiscal year 2010. (Town Manager)
Article as voted:
Article 6. Voted that the following sums be appropriated to operate the Sewer Enterprise Fund:
Recommended Budget:
Salaries 343,949
Expenses 915,000
O & M Expense 1,290,000
Capital Outlay 0
Debt & Interest 764,608
Sub Total 3,313,557
Indirect Costs:
Benefit Costs 190,482
Central Service Depts. Cost 270,965
Other Related Cost 21,700
Sub Total 483,147
Total: 3,796,704
$3,354,704 to come from Sewer Enterprise Revenues, $442,000 to come from retained sewer earnings.
$483,147 to be appropriated in the General Fund and funded from Sewer Enterprise Revenues.
Yeas: 46 Nays: 0 at 9:36 p.m.
Article 6 passes as recommended by the Finance Committee.
Mr. Hawkes moves Article 26 as written.
Seconded at 9:36 p.m.
Mr. Valente moves, as a courtesy to the Finance Committee, that Article 26 be referred back to the petitioner.
Seconded at 9:37 p.m.
Article as written:
Article 26. To see if the Town will vote to amend Section 902: Shade Tree By-Law; Section 13. Requirements and Penalties a. Strike the third sentence, “Any person who violates any provision of this bylaw or who fails to comply with notices issued pursuant to provisions of this bylaw shall be subject to fines up to $300.00 for each separate offense.”
To add at the end of paragraph, Whoever affixes to a shade tree in a public way any sign or who cuts, paints or marks such tree (except for the purpose of protecting it or the public and under a written permit from the Tree Warden) shall be punished by a fine of not more than fifty dollars. Any person who cuts branches or stems of any tree or shrub in a public way (except under a written permit from the Tree Warden) shall be punished by a fine of not more than fifty dollars. Any person (other than the Tree Warden or his Deputies under the provisions of this Bylaw or after a public hearing or with written permission of the Tree Warden) who cuts down, removes or destroys a shade tree, shrub or fixture in a public way shall be punished by a fine of not more then five hundred dollars. Any person who willfully,
maliciously or wantonly cuts, destroys or injures a tree, shrub or growth which is not his own, standing for any useful purpose shall be punished by a fine of not more than five hundred dollars.
To add a new paragraph in Section 13. c. Fines shall be assessed and collected under MGL Chapter 40, Section 21D adopted as part of this Bylaw. The Tree Warden shall have the requisite police power established under MGL Chapter 40, Section 21D.
(Timothy R. Hawkes)
Mrs. Dever moves to amend Article 26 by striking out “five hundred dollars” in two places and inserting in its place “three hundred dollars”.
Seconded at 9:38 p.m.
Mr. Timothy Hawkes stated that the shade tree by-law, as it stands now, is not enforceable due to the fact that the Attorney General disapproved that portion of the by-law and asked for support of the amendment. Mr. Hawkes noted that the new wording comes directly from the state shade tree by-law adding the specified penalties into this by-law.
Mr. Arthur Grabowski asked if this would apply to public property or private and what police powers are given to the Tree Warden.
Mr. Hawkes explained that this would pertain to public streets and the police powers referred to for the Warden is the authority to enforce the by law and mediate where problems lay.
Vote came for the Dever Amendment.
Yeas: 46 Nays: 0 at 9:44 p.m.
Dever Amendment Passes.
Vote came on referral.
Yeas: 8 Nays: 36 at 9:45 p.m.
Article 26 is NOT referred.
Article as voted:
Article 26. Voted to amend Section 902: Shade Tree By-Law; Section 13. Requirements and Penalties a. Strike the third sentence, “Any person who violates any provision of this bylaw or who fails to comply with notices issued pursuant to provisions of this bylaw shall be subject to fines up to $300.00 for each separate offense.”
To add at the end of paragraph, Whoever affixes to a shade tree in a public way any sign or who cuts, paints or marks such tree (except for the purpose of protecting it or the public and under a written permit from the Tree Warden) shall be punished by a fine of not more than fifty dollars. Any person who cuts branches or stems of any tree or shrub in a public way (except under a written permit from the Tree Warden) shall be punished by a fine of not more than fifty dollars. Any person (other than the Tree Warden or his Deputies under the provisions of this Bylaw or after a public hearing or with written permission of the Tree Warden) who cuts down, removes or destroys a shade tree, shrub or fixture in a public way shall be punished by a fine of not more then three hundred dollars. Any person who willfully,
maliciously or wantonly cuts, destroys or injures a tree, shrub or growth which is not his own, standing for any useful purpose shall be punished by a fine of not more than three hundred dollars.
To add a new paragraph in Section 13. c. Fines shall be assessed and collected under MGL Chapter 40, Section 21D adopted as part of this Bylaw. The Tree Warden shall have the requisite police power established under MGL Chapter 40, Section 21D.
Yeas: 43 Nays: 0 at 9:46 p.m.
Article 26 passes as amended.
Mr. Valente moves, as a courtesy to the Finance Committee, Article 28.
Seconded at 9:47 p.m.
Article as written:
Article 28. 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)
Mr. Dennis Moschella stated that he previously spoke to Frank McKinnon of the Conservation Commission; Joseph Attubato of Department of Public Works; and Phil Randazzo, former Town Engineer regarding this issue. Mr. Moschella noted that residents in the area wanted to file a suit, but Mr. Moschella asked for them to wait so that an appeal could be made to Town Meeting.
George McGovern of 55 Western Avenue stated that his yard seems to be the epicenter of the water in the area and during storms he has a French drain and pumps going constantly, as well as sandbagging the area. His children cannot play in their yard because of the problem. Public works has been unable to assist the residents, and asks for Town Meetings help.
Article as voted:
Article 28. Voted to raise, by borrowing, and appropriate the amount of $65,000.00 for the repair, replacement, and or installation of storm drains on Western Avenue.
Yeas: 46 Nays: 0 at 9:51 p.m.
Article 28 passes as recommended by the Finance Committee.
Mr. Manoogian moves, as a courtesy to the petitioner, to refer Article 34 to the next Special or Annual Town Meeting.
Seconded at 9:52 p.m.
Article as written:
Article 34. To see if the Town will vote to amend the Town’s Zoning Map and Zoning By-law by rezoning Lots A-3 and A-2 on Assessors Plan 3011 (also shown as Lot 1, Block 12 Map H7) from B-1 neighborhood business and I-1 light industrial to R-4 residential multi-density. The property is located at 27 Chestnut Street. (Richard M. Magnan)
Article 34 is voted, by unanimous voice vote, to be referred to the next Special or Annual Town Meeting at 9:53 p.m.
Mr. Edward S. W. Boesel moves to adjourn the 2009 Annual Town Meeting to Monday, June 29th at 7:30 p.m. in the Town Hall Auditorium.
Seconded at 9:53 p.m.
Unanimous voice vote to adjourn the Annual Town Meeting to Monday, June 29th at 7:30 p.m. in the Town Hall Auditorium.
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