Town of Saugus, MA - STM - November 16, 2009

STM - November 16, 2009

November 16, 2009

Special Town Meeting

MINUTES

Town Clerk, Joanne D. Rappa, called the November 16, 2009 Special Town Meeting to order at the Town Hall Auditorium, 298 Central Street, Saugus, MA at 7:30 p.m. with 49 members present.

The meeting was led in the salute to the flag.

Edward S. W. Boesel and Joyce C. Rodenhiser were appointed and sworn as tellers.

The Town Clerk called the roll.

Attubato, Joseph	X	Long, Robert J.	X
Bartolo, Jean M.		Lopresti, Anthony J.	X
Billingsley, Stacy A.	X	Malone, Barbara J.	X
Boesel, Edward S.W.	X	Maltais, Sean A.	X
Brooks, Wayne C.	X	Manoogian, Peter Z., Sr.	X
Cecere, Rodney G.	X	McCarthy, Stephen F.	X
Connors, Arthur D., Jr.	X	McLaughlin, Patricia	X
Cox, Robert J.	X	Merrifield, Henry F.	X
Dever, Maureen P.	X	Moriello, George T.	X
Devlin, F. Ann	X	Moschella, Dennis J.	X
DiNardo, Albert J.	X	Moses, Jeffrey D., Sr.	X
Dockery, Michael	X	Nelson, Stephen A.	X
Faiella, Ellen L.	X	Nicholson, John H.	X
Falasca, Thomas A.	X	Palczynski, Joseph, Jr.	X
Gill, Charles F.	X	Panetta, Debra	X
Goodwin, Pamela J.	X	Petkewich, Paul M.	X
Grande, Robert E.	X	Politano, Kimberly A.	X
Greene, Michael R.	X	Ring, Darren S.	X
Groark, Laura Z.	X	Rodenhiser, Joyce C.	X
Hansen, John N.	X	Rossetti, Peter A., Jr.	X
Hawkes, Timothy R.	X	Serino, Angelo, Jr.	X
Hoffman, Robert D.	X	Smith, Rick A.	X
Johnson, Patricia Anne	X	Sullivan, Betty Ann	X
Lawrence, Raymond F.	X	Sweezey, Stephen D.	X
Leuci, Janet M.	X	Vecchio, Matthew J.	X

With 49 members present, a quorum is met.

The Town Clerk stated that the election of the Moderator will be the first order of business this evening and requested that Town Counsel, John Vasapolli, address Town Meeting to outline the process by which the election will take place.

Town Counsel Vasapolli outlined the process of electing a moderator, explaining what options Town Meeting has and exactly how the process works.

Mrs. Rappa asked for nominations from the floor for Moderator.

Mrs. Ellen Faiella moves to nominate Robert J. Long.

Seconded by Edward Boesel at 7:40 p.m.

Seeing no further nominations Edward Boesel moves to close nominations

Seconded at 7:41 p.m.

Nominations are closed by unanimous voice vote at 7:41 p.m.

A vote to elect Robert J. Long as Moderator for the Town of Saugus was then taken.

Passed by unanimous voice vote at 7:42 p.m.

Robert J. Long is unanimously elected as Town Moderator and sworn in to the faithful performance of his duties.

Moderator Long thanked everyone for their support and confidence in being elected as Moderator once more. Mr. Long then spoke of former Moderator, Gus Stanton, and how he often spoke of the great privilege it was for him to act as moderator, always noting that it was his greatest accomplishment (outside of his family) because being elected Moderator is a demonstration of trust which was bestowed upon him by his colleagues.

Mr. Long then acknowledged the recent passing of former Town Moderator, Clayton Trefry. Mr. Trefry was a typical “Yankee” moderator, always fair and greatly trusted. Moderator Long recalled how Mr. Trefry will further be remembered by his bow tie, which Mr. Long then placed on the desk in front of him and asked for a moment of silence on behalf of Mr. Trefry.

Moderator Long called for a ten-minute recess at 7:44 p.m.

Jean Bartolo will be noted present for the meeting at 7:55 p.m.

Moderator Long called the meeting back to order at 7:56 p.m.

Making motions as a courtesy this evening will be Jeffrey Moses.

Hand outs were distributed, which included the Finance Committee Report; notice of the Library reopening at the Middle School; a copy of the code of Conduct; a Resolution to be presented by Mr. Long and amendment to the resolution by Mr. Manoogian; information on the proposed replacement of the boilers at the Middle School from the Town Manager; and a notice from the Town Clerk regarding the new State Ethics law.

Article 1. Reports of Committees

Mr. Palleschi, Chairman of the Finance Committee explained the report and recommendations of the Committee.

Mr. Moses moves Article 2, as a courtesy to the Finance Committee.

Seconded at 8:11 p.m.

Article as written:

Article 2. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to pay for the purchase and installation of new boilers at the Belmonte Middle School, to determine whether this appropriation shall be raised by borrowing or otherwise, or to take any other action relative thereto. (Town Manager)

Mrs. Penetta asked about how many boilers would be replaced and what the guarantee is on them. Town Manager, Andrew Bisignani responded by stating that four boilers would replace the existing two, with the latest in technology, being more efficient. Mr. Bisignani then introduced Mr. Mark Tocci, Engineer for Crossfield Engineering, Inc., 921 Salem Street, Groveland, MA. Mr. Tocci explained the warranty is ten years and stated that it covers all critical parts of the boilers.

Mr. Manoogian, Jean Bartolo, Mr. Hoffman, and Mr. Smith all spoke on the article.

Article as voted:

Article 2. Voted to raise by borrowing, and appropriate, the sum of $600,000 to pay for the purchase and installation of new boilers at the Belmonte Middle School.

Yeas: 49 Nays: 0 at 8:25 p.m.

Article 2 passes as recommended by the Finance Committee.

Mr. Moses moves, as a courtesy to the Finance Committee, Article 3.

Seconded at 8:25.5 p.m.

Article as written:

Article 3. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to pay for the purchase and installation of new Unit Vents at the Belmonte Middle School, to determine whether this appropriation shall be raised by borrowing or otherwise, or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 3. Voted to raise by borrowing, and appropriate, a sum of $100,000 to pay for the purchase and installation of new Unit Vents at the Belmonte Middle School.

Yeas: 49 Nays: 0 at 8:26 p.m.

Article 3 passes as recommended by the Finance Committee.

Mr. Moses moves, as a courtesy to the Finance Committee, Article 4.

Seconded at 8:27 p.m.

Article as written:

Article 4. To see if the Town will vote pursuant to MGL C. 71, s 16B and every other applicable authority to disapprove the budget for the Northeast Metropolitan Regional Vocational School for Fiscal Year 2010 which was adopted by the Northeast Metropolitan Regional Vocational School Committee on or about October 8, 2009 and that the Town take no action to increase the outstanding appropriation for the said School’s Budget, which was approved under Article 2 of the Annual Town Meeting of 2009 in the amount of $2,032,473.00. (Town Manager)

Mr. Rossetti explained the budget process and stated that at this point in time it does not make a difference how the town votes on this article. The Vocational School is now voting on budget number 4 and if it is not adopted the Department of Education has authority to assume the funds.

Mr. Bisignani agreed that we will probably pay, but voting on this article will make a statement that member communities must have input, and perhaps the Vocational School will sit down with them to discuss how the funding should be shared. Mr. Bisignani further stated that he would like to see Saugus be a “team player” and reject this budget along with other communities.

Sean Maltais, Albert DiNardo and Peter Rossetti all spoke on the article.

Article as voted:

Article 4. Voted pursuant to MGL C. 71, s 16B and every other applicable authority to disapprove the budget for the Northeast Metropolitan Regional Vocational School for Fiscal Year 2010 which was adopted by the Northeast Metropolitan Regional Vocational School Committee on or about October 8, 2009 and that the Town take no action to increase the outstanding appropriation for the said School’s Budget, which was approved under Article 2 of the Annual Town Meeting of 2009 in the amount of $2,032,473.00.

Yeas: 44 Nays: 5 at 8:47 p.m.

Article 4 passes as recommended by the Finance Committee.

Mr. Moses moves Article 5 as written, as a courtesy to the Finance Committee.

Seconded at 8:49 p.m.

Article as written:

Article 5. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $40,000.00 to fund the FY 2010 building Maintenance account. (Town Manager)

Mr. Manoogian and Mr. Palleschi spoke on the article. Mr. Manoogian moves to amend Article 5 by having the $40,000 segregated.

Seconded at 8:51 p.m.

Vote on Mr. Manoogian’s amendment.

Yeas: 27 Nays: 20 at 8:52 p.m.

Manoogian amendment passes.

Article as voted:

Article 5. Voted to raise and appropriate or transfer from available funds the sum of $40,000.00 to fund the FY 2010 Building Maintenance account. This amount is to be segregated within the account.

Unanimous voice vote at 8:54 p.m.

Article 5 passes as amended.

Mr. Moses moves, as a courtesy to the Finance Committee, Article 6.

Seconded at 8:55 p.m.

Article as written:

Article 6. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to fund the FY2010 Public Building Electricity account. (Town Manager)

Article as voted:

Article 6. Voted to raise and appropriate or transfer from available funds a sum of $40,000.00 to fund the FY 2010 Public Building Electricity account.

Unanimous voice vote at 8:56 p.m.

Article 5 passes as recommended by the Finance Committee.

Moderator Long asked if there would be any opposition to Mr. Rossetti chairing the next portion of the meeting so Mr. Long can present a resolution. Seeing no opposition, Mr. Rossetti takes the chair.

Mr. Long makes a motion to accept the following resolution:

“Whereas, The Town of Saugus election of November 3, 2009 indicated a voters’ desire to have a review of the present Town Charter for possible future amendments.

Resolved, That the Saugus Town Meeting vote to form a non-binding committee of nine members to be appointed by the Town Moderator to review the Saugus Town Charter for the possibility of recommending the Charter Amendments to the Annual Town Meeting of 2010. Said committee, if voted, will include two members of the Board of Selectmen, two members of the School Committee and five Town Meeting members.”

Seconded by Mr. Boesel at 8:56 p.m.

Mr. Long explained the reason for the resolution, stating that due to the recent election, some things should probably be reviewed in our current charter and brought up to date. He will not, nor will the Chairman of the Charter Commission, be appointed to the committee. Mr. Long explained that any proposal of change to the charter brought about by this committee would have to be brought to Town Meeting for a vote.

Mr. Manoogian makes a motion to amend the Long resolution with the following:

“The moderator shall appoint five members of said committee who may be town meeting members.

At least two of those members shall have been associated with, or in support of, the recent campaign against adoption of the now optional charter.

At least two of those members shall have been associated with, or in support of, the recent campaign for adoption of the now optional charter.

The committee shall have one public hearing within forty-five days of its appointment and one public hearing prior to voting on its recommendations.

The public shall be provided an opportunity to speak at all committee meetings.

Said committee will issue a report of progress at the 2010 annual town meeting.”

Seconded by Mrs. Panetta at 9:09 p.m.

Mr. Manoogian explained his amendment and expressed his wish to have public hearings so the committee will get some input from the public, as he thinks that the voters should be brought into the process.

Mr. Long spoke against the amendment, stating that it was not his intention to include any one other than elected officials.

Town Counsel, John Vasapolli spoke to try and clarify to members that a resolution is non- binding and town meeting can only act on Articles in a warrant. Should this article pass, any action by the committee would have to be in the form of an article and go before Town meeting for a vote.

Mr. Smith asked for 14 other members to stand in a roll call vote on the amendment. 14 other members standing, a roll call vote is ordered.

Mr. DiNardo stated that he will support the amendment because it stresses input from the community.

Vote on Mr. Manoogian’s amendment to the resolution:

Attubato, Joseph	n	Long, Robert J.	n
Bartolo, Jean M.	y	Lopresti, Anthony J.	n
Billingsley, Stacy A.	y	Malone, Barbara J.	y
Boesel, Edward S.W.	n	Maltais, Sean A.	y
Brooks, Wayne C.	y	Manoogian, Peter Z., Sr.	y
Cecere, Rodney G.	n	McCarthy, Stephen F.	n
Connors, Arthur D., Jr.	n	McLaughlin, Patricia	n
Cox, Robert J.	n	Merrifield, Henry F.	n
Dever, Maureen P.	y	Moriello, George T.	n
Devlin, F. Ann	y	Moschella, Dennis J.	n
DiNardo, Albert J.	y	Moses, Jeffrey D., Sr.	y
Dockery, Michael	n	Nelson, Stephen A.	y
Faiella, Ellen L.	n	Nicholson, John H.	y
Falasca, Thomas A.	n	Palczynski, Joseph, Jr.	n
Gill, Charles F.	n	Panetta, Debra	y
Goodwin, Pamela J.	n	Petkewich, Paul M.	y
Grande, Robert E.	n	Politano, Kimberly A.	n
Greene, Michael R.	y	Ring, Darren S.	y
Groark, Laura Z.	n	Rodenhiser, Joyce C.	y
Hansen, John N.	n	Rossetti, Peter A., Jr.
Hawkes, Timothy R.	y	Serino, Angelo, Jr.	n
Hoffman, Robert D.	n	Smith, Rick A.	y
Johnson, Patricia Anne	n	Sullivan, Betty Ann	n
Lawrence, Raymond F.	n	Sweezey, Stephen D.	n
Leuci, Janet M.	y	Vecchio, Matthew J.	n

Yeas: 20 Nays: 29 at 9:25 p.m.

Manoogian amendment fails.

Vote on Long Resolution as written

Yeas: 42 Nays: 3 at 9:27 p.m.

Mr. Long’s resolution passes.

Mr. Manoogian moves Article 7.

Seconded at 9:30 p.m.

Article as written:

Article 7. To see if the Town meeting will adopt a new by law relative to the governing of town meeting. Said by law will be identified numerically as section 211.01 and titled “Resolutions – Purpose and Procedures.” Said by law will read as follows:

Purpose:

A resolution, although non-binding, allows the town meeting to indicate its desire on matters related to legislation.

Procedures:

The town meeting may at any annual or special town meeting adopt a resolution on any matters pertaining to previous, proposed or prospective legislation. Resolutions must be in writing and signed by a town meeting member.

A resolution may be proposed prior to deliberation and voting on any article or at the conclusion of deliberation and voting on any article. A resolution need not be placed on the warrant. A resolution may be adopted with a majority vote of record.

Format:

The town clerk shall make available a form at each town meeting that may be used to attach a resolution to or to write a resolution at the time of the meeting. Each resolution shall identify circumstances necessitating the resolution. Each circumstance shall begin with the word “Whereas.” After the listing of circumstances there shall be a statement of resolution that shall begin with the phrase: “Therefore be it resolved that the Saugus Town meeting (statement of resolution)”

(Peter Manoogian)

Mr. Manoogian explained his reasoning on the article and stated that resolutions have become commonplace at town meeting and this article would give members guidelines and definitions.

Mrs. Dever moves to amend Article 7 by adding after the words “related to legislation” the following words: “and to create committees who may make recommendations for action through a warrant process”.

Seconded at 9:34 p.m.

Mrs. Panetta, Mr. Moses, Mr. Boesel, Mrs. Dever, and Mr. Manoogian all spoke on the article.

Moderator Long read from Roberts Rules regarding resolutions.

Mr. Boesel stated that after listening, he understands that if we have a by law, we must use it and feels that it would limit the types of resolutions that can be created. Mr. Boesel stated that he thinks the idea is a good one, but a by law would be a mistake.

Mr. Sweezey agreed with the previous speaker and stated they he feels making a by law would just be duplicating and making more difficult the existing process, which would be a mistake and he will not support the article. Mr. Sweezey moves for indefinite postponement.

Seconded by Edward Boesel at 9:44 p.m.

Mrs. Dever asks for 14 members to stand with her to order a roll call vote on all three votes. 14 members standing, a roll call vote is ordered.

Vote on Dever Amendment:

Attubato, Joseph	n	Long, Robert J.	P
Bartolo, Jean M.	y	Lopresti, Anthony J.	n
Billingsley, Stacy A.	n	Malone, Barbara J.	y
Boesel, Edward S.W.	n	Maltais, Sean A.	y
Brooks, Wayne C.	n	Manoogian, Peter Z., Sr.	y
Cecere, Rodney G.	n	McCarthy, Stephen F.	n
Connors, Arthur D., Jr.	n	McLaughlin, Patricia	n
Cox, Robert J.	n	Merrifield, Henry F.	n
Dever, Maureen P.	y	Moriello, George T.	n
Devlin, F. Ann	y	Moschella, Dennis J.	n
DiNardo, Albert J.	y	Moses, Jeffrey D., Sr.	n
Dockery, Michael	n	Nelson, Stephen A.	y
Faiella, Ellen L.	n	Nicholson, John H.	y
Falasca, Thomas A.	n	Palczynski, Joseph, Jr.	n
Gill, Charles F.	n	Panetta, Debra	y
Goodwin, Pamela J.	y	Petkewich, Paul M.	n
Grande, Robert E.	n	Politano, Kimberly A.	n
Greene, Michael R.	y	Ring, Darren S.	n
Groark, Laura Z.	n	Rodenhiser, Joyce C.	y
Hansen, John N.	y	Rossetti, Peter A., Jr.	n
Hawkes, Timothy R.	y	Serino, Angelo, Jr.	n
Hoffman, Robert D.	y	Smith, Rick A.	y
Johnson, Patricia Anne		Sullivan, Betty Ann	n
Lawrence, Raymond F.	n	Sweezey, Stephen D.	n
Leuci, Janet M.	y	Vecchio, Matthew J.	n

Yeas: 18 Nays: 30 at 9:47 p.m.

Dever amendment fails.

Vote on Indefinite postponement:

Attubato, Joseph	y	Long, Robert J.	P
Bartolo, Jean M.	n	Lopresti, Anthony J.	y
Billingsley, Stacy A.	n	Malone, Barbara J.	n
Boesel, Edward S.W.	y	Maltais, Sean A.	n
Brooks, Wayne C.	n	Manoogian, Peter Z., Sr.	n
Cecere, Rodney G.	y	McCarthy, Stephen F.	y
Connors, Arthur D., Jr.	y	McLaughlin, Patricia	y
Cox, Robert J.	n	Merrifield, Henry F.	y
Dever, Maureen P.	n	Moriello, George T.	y
Devlin, F. Ann	n	Moschella, Dennis J.	y
DiNardo, Albert J.	n	Moses, Jeffrey D., Sr.	y
Dockery, Michael	y	Nelson, Stephen A.	n
Faiella, Ellen L.	y	Nicholson, John H.	n
Falasca, Thomas A.	y	Palczynski, Joseph, Jr.	n
Gill, Charles F.	y	Panetta, Debra	n
Goodwin, Pamela J.	n	Petkewich, Paul M.	n
Grande, Robert E.	n	Politano, Kimberly A.	y
Greene, Michael R.	n	Ring, Darren S.	n
Groark, Laura Z.	n	Rodenhiser, Joyce C.	y
Hansen, John N.	n	Rossetti, Peter A., Jr.	y
Hawkes, Timothy R.	n	Serino, Angelo, Jr.	y
Hoffman, Robert D.	y	Smith, Rick A.	n
Johnson, Patricia Anne		Sullivan, Betty Ann	y
Lawrence, Raymond F.	y	Sweezey, Stephen D.	y
Leuci, Janet M.	n	Vecchio, Matthew J.	y

Yeas: 24 Nays: 24 at 9:51 p.m.

Moderator Long votes in favor of indefinite postponement.

Article 7 is indefinitely postponed.

Mr. Hoffman moves reconsideration.

Seconded at 9:52 p.m.

Mr. Hoffman stated that he was confused and voted incorrectly and would like a revote.

Vote for reconsideration:

Yeas: 18 Nays: 30 at 10.00 p.m.

Reconsideration is not ordered

Vote on Article 7 stands as indefinite postponement.

Mr. Boesel moves, as a courtesy to the Planning Board, Article 8.

Seconded at 10:01 p.m.

Article 8 as written:

Article 8. 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)

Moderator Long read the Planning Board recommendation, which he noted, was six months old.

Richard Magnan, 320 Central St., who represents the owner of the property, spoke on the article and asked for support.

Mr. Manoogian moves to amend Article 8 by including the covenant into the vote of Town Meeting.

Seconded at 10:05 p.m.

Vote to incorporate the covenant, dated July 24, 2009, into Article 8.

Yeas: 45 Nays: 0 at 10:06 p.m.

Manoogian amendment passes.

Article as voted:

Article 8. Voted 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.

DECLARATION OF RESTRICTIVE COVENANT

27 CHESTNUT STREET, SAUGUS, MA

Restrictive Covenant:

RESTRICTION

Any building on said property shall not contain more than four (4) residential units.

DURATION

The Restrictive covenant set forth herein shall remain in effect in perpetuity or for the Maximum period allowed under Massachusetts law and shall be included in each and every deed of the aforementioned lot and it is intended that this Restrictive Covenant shall run with the land and shall be binding upon the Declarant, its successors and assigns for the benefit of and enforceable by the Town of Saugus.

This Declaration of Restrictive Covenant shall be recorded at the Essex South District Registry of Deeds.

Signed under seal the 24^th day of July 2009 by Maria Manuela Furtado and Tiberio Furtado, Trustees of Furtado Family Realty Trust.

Yeas: 44 Nays: 2 at 10:10 p.m.

Article 8 passes as amended.

Edward S. W. Boesel moves to adjourn Sine die.

Seconded at 10:11 p.m.

Unanimous voice vote to adjourn Sine die at 10:12 p.m.