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ATM - June 14th 2010
ANNUAL TOWN MEETING

MINUTES

June 14, 2010




Town Moderator, Robert J. Long, called the fifth session of the 2010 Annual Town Meeting to order on June 14, 2010 at 7:36 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 44 members, plus the moderator present. A quorum is met.




Edward S.W. Boesel from precinct 9 and John H. Nicholson from precinct 10 were appointed and sworn as tellers.




Jeffrey Moses from precinct 9 will, as a courtesy, be making motions this evening as needed.




Moderator Robert Long led the meeting in the Pledge of Allegiance.




Town Clerk, Joanne Rappa, called the roll.






Attubato, Joseph


X


Long, Robert J.


X


Bartolo, Jean M.


X


Lopresti, Anthony J.





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.





Faiella, Ellen L.





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.





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








46 members present, a quorum is met.




Moderator Long reminded members that phones should be shut off at this time.




Peter Rossetti serves notice of reconsideration of Article 20 to allow Superintendent of Schools, Richard Langlois, the opportunity to address the issue of user fees.

Seconded at 7:45 p.m.




Article as written:




Article 20. To see if the Town will vote to raise and appropriate or transfer from available funds the amount of $60,000.00 to be deposited in the targeted stabilization account created for the purpose of reducing or eliminating athletic and extra curricular user fees in the Saugus Public Schools. (School Committee)




School Superintendent Richard Langlois discussed how reducing the user fees last year allowed an additional 620 students to participate in sports this year and more were able to play in two or three sports because of the reduction, which led to competitive and some championship teams. The reduction of user fees allowed families, who otherwise would not have been able to play, join teams, which has helped strengthen the core of the Athletic Department. Mr. Langlois further stated that he would like to finalize the implementation of user fees prior to the fall so that everyone can plan accordingly. Mr. Langlois thanked Town Meeting for the opportunity to speak.




Town Manager, Andrew Bisignani stated that he does not have money at this time, but should the School Department fund the user fees from its own budget, he will make a commitment to recommend that money be appropriated to reimburse the School Departments Budget, hopefully at the next Special Town Meeting.




Athletic Director Michael Nelson introduced student athlete Michael Joseph, Vice President of the Student Athletic Council, who plays three varsity sports and is the recent recipient of the schools “Unsung Hero Award”.




Michael discussed how he came to this country as an exchange student and credits his academic and athletic success from hard work and the opportunity presented him in forming bonds with team mates and coaches. Michael proceeded to say how sports has given him the discipline for academic success and invites others to join him in such achievement and thanked the Town for the reduction in athletic fees, which allowed him this chance and hopes to see the reductions continue.




Mr. Manoogian moves reconsideration of Article 2.

Seconded at 7:55 p.m.

Mr. Moses moves to table reconsideration of Article 2

Seconded at 7:55.5 p.m.




Yeas: 36 Nays: 0 at 7:56 p.m.

Reconsideration of Article 2 is tabled.




Vote came on reconsideration of Article 20.

Yeas: 13 Nays: 28 at 7:56.5 p.m.




Article 20 is NOT reconsidered and will be referred to the next special town meeting as previously voted.




Mr. Manoogian moves to withdraw reconsideration of Article 2.




Seeing no opposition, reconsideration of Article 2 is withdrawn at 7:59 p.m.




Mr. Moses moves, as a courtesy to the Board of Selectmen, Article 19.

Seconded at 8:00 p.m.

Article as written:




Article 19. To see if the Town will vote to amend the Town By-law Section 9.805.00




Section A. Dealers in Gold, Silver and Other Valuable Secondhand Items Licensed Required/Defined.




A Second Hand Dealer is a person who makes an outright purchase of personal property that has been used.




A Consignment Dealer is a person who, without taking ownership of goods or merchandise, displays the merchandise for sale for a specified period of time and, upon sale, delivers the proceeds or a portion thereof, as agreed, to the owner. For purposes of this bylaw, Consignment Dealers shall be licensed as Second Hand Dealers and shall comply with all record keeping and retention requirements of Second Hand Dealers.




Add in: Video game systems, games and software. Computer games and software.




Section C: Record of Purchases




Add in: Reports to be filed with the Bureau of Criminal investigations at the Saugus Police Department on a weekly basis at the opening of business on Monday morning.




Add in: Every dealer or keeper of a shop shall submit a monthly report on a form approved by the Chief of Police, either electronically (email) or on a disk. Such reports shall be submitted on the last day of each month to the person designated by the Chief of Police.




Section D: Articles Purchased to be Kept for Two Weeks before Resale or Removal from City




Change: Kept from Two weeks to 30 days




Section H: Penalty for Violation of Article




Change: Shall be fined not less than five dollars to (Two Hundred Dollars) and from no more than Two Hundred Dollars to (Five Hundred Dollars) for each offense.

(Board of Selectmen)




Selectman Michael Serino stated that this article was actually proposed by the Police Department and supported by the Board of Selectman.




Debra Panetta and Stephen Sweezey both spoke on the Article.




Article as voted:




Article 19. Voted to amend the Town By-law Section 9.805.00




Section A. Dealers in Gold, Silver and Other Valuable Secondhand Items Licensed Required/Defined.




A Second Hand Dealer is a person who makes an outright purchase of personal property that has been used.




A Consignment Dealer is a person who, without taking ownership of goods or merchandise, displays the merchandise for sale for a specified period of time and, upon sale, delivers the proceeds or a portion thereof, as agreed, to the owner. For purposes of this bylaw, Consignment Dealers shall be licensed as Second Hand Dealers and shall comply with all record keeping and retention requirements of Second Hand Dealers.




Add in: Video game systems, games and software. Computer games and software.




Section C: Record of Purchases




Add in: Reports to be filed with the Bureau of Criminal investigations at the Saugus Police Department on a weekly basis at the opening of business on Monday morning.




Add in: Every dealer or keeper of a shop shall submit a monthly report on a form approved by the Chief of Police, either electronically (email) or on a disk. Such reports shall be submitted on the last day of each month to the person designated by the Chief of Police.




Section D: Articles Purchased to be Kept for Two Weeks before Resale or Removal from City




Change: Kept from Two weeks to 30 days




Section H: Penalty for Violation of Article




Change: Shall be fined not less than five dollars to (Two Hundred Dollars) and from no more than Two Hundred Dollars to (Five Hundred Dollars) for each offense.




Yeas: 44 Nays: 0 at 8:04 p.m.

Article 19 is passed as written.




Mr. Moses moves, as a courtesy to the Finance Committee to refer Article 21 to the next Special Town Meeting.

Seconded at 8:05 p.m.




Mr. Maltais moves Article 21 as written

Seconded at 8:05.5 p.m.

Article as written:




Article 21. To see if the Town will vote to raise and appropriate by borrowing or otherwise the sum of $80,000. For the purpose of replacing 1300 feet of fence on the High School property (parallel to route one) with a sound barrier, six feet in height. (Sean A. Maltais)




Mr. Maltais stated that the fence is in deplorable condition and is an embarrassment to the Town. Mr. Maltais asked for everyone to put personal issues aside and work together to get this article passed.




Town Manager Bisignani attests to the fact that the Town has spent many man hours repairing this fence and something has to be done, for it is now a safety hazard and eye sore.




Mr. Maltais requests a roll call vote.




Mr. Sweezey pointed out that the handout distributed on the article has an estimate for a fence 6 feet high, as opposed to 8 feet, and suggests that this should probably be at the discretion of the Town Manager.




Mr. Maltais moves to include the words “at least” in between barrier and six to now read: “with a sound barrier, at least six feet in height.”

Seconded at 8:13 p.m.




Seeing no objection to the change in wording, it will be included in the main motion.




Article as voted:




Article 21. Voted to raise and appropriate by borrowing or otherwise the sum of $80,000. For the purpose of replacing 1300 feet of fence on the High School property (parallel to route one) with a sound barrier, at least six feet in height.  






Attubato, Joseph


Y


Long, Robert J.


P


Bartolo, Jean M.


Y


Lopresti, Anthony J.


Y


Billingsley, Stacy A.


Y


Malone, Barbara J.


Y


Boesel, Edward S.W.


Y


Maltais, Sean A.


Y


Brooks, Wayne C.


Y


Manoogian, Peter Z., Sr.


Y


Cecere, Rodney G.


Y


McCarthy, Stephen F.


Y


Connors, Arthur D., Jr.


Y


McLaughlin, Patricia


Y


Cox, Robert J.


Y


Merrifield, Henry F.


Y


Dever, Maureen P.


Y


Moriello, George T.


Y


Devlin, F. Ann


Y


Moschella, Dennis J.


Y


DiNardo, Albert J.


Y


Moses, Jeffrey D., Sr.


Y


Dockery, Michael


Y


Nelson, Stephen A.





Faiella, Ellen L.





Nicholson, John H.


Y


Falasca, Thomas A.


Y


Palczynski, Joseph, Jr.


Y


Gill, Charles F.


Y


Panetta, Debra


Y


Goodwin, Pamela J.


Y


Petkewich, Paul M.


Y


Grande, Robert E.


Y


Politano, Kimberly A.


Y


Greene, Michael R.





Ring, Darren S.


Y


Groark, Laura Z.


Y


Rodenhiser, Joyce C.


Y


Hansen, John N.


Y


Rossetti, Peter A., Jr.


Y


Hawkes, Timothy R.


Y


Serino, Angelo, Jr.


Y


Hoffman, Robert D.


Y


Smith, Rick A.


Y


Johnson, Patricia Anne


Y


Sullivan, Betty Ann


Y


Lawrence, Raymond F.


Y


Sweezey, Stephen D.


Y


Leuci, Janet M.


Y


Vecchio, Matthew J.


Y








Yeas: 46 Nays: 0 at 8:15 p.m.

Article 21 passed as amended.  




Mr. Moses moves, as a courtesy to the Town Meeting Charter Committee, Article 25.




Seconded at 8:16 p.m.







Article as written:




Article 25. To see if the Town will vote to petition the Legislature to enact special legislation to amend Chapter 17 of the Acts of 1947 as follows:




(ADD)




ARTICLE 2




SECTION 3C. “Sewer Commissioners”.




The Board of Selectmen shall be the Sewer Commissioners for the purpose of adopting rules and regulations for the use of public sewers and the installation and connection of building sewers, and providing penalties for violations thereof: in the Town of Saugus, County of Essex, Commonwealth of Massachusetts.




(ADD)




ARTICLE 2




SECTION 3D. “Water Commissioners”.




The Board of Selectmen shall be the Water Commissioners for the purpose of adopting rules and regulations for the use of providing public water supplies and the installation and connection of building public water systems, and providing penalties for violations thereof: in the Town of Saugus, County of Essex, Commonwealth of Massachusetts.




(ADD)




ARTICLE 2




SECTION 3E. “Traffic Commissioners”.




The Board of Selectmen shall be the traffic Commissioners for the purpose of adopting rules and regulations for public roadways along with providing penalties for violations thereof: in the Town of Saugus, County of Essex, Commonwealth of Massachusetts. (Town Meeting Charter Committee)




Peter Rossetti, Michael Serino, and Sean Maltais, members of the Town Meeting Charter Committee, all spoke in favor of the article.




A roll call vote is requested.






Attubato, Joseph


N


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.


Y


Brooks, Wayne C.


N


Manoogian, Peter Z., Sr.


N


Cecere, Rodney G.


N


McCarthy, Stephen F.


Y


Connors, Arthur D., Jr.


Y


McLaughlin, Patricia


Y


Cox, Robert J.


Y


Merrifield, Henry F.


N


Dever, Maureen P.


N


Moriello, George T.


N


Devlin, F. Ann


Y


Moschella, Dennis J.


Y


DiNardo, Albert J.


N


Moses, Jeffrey D., Sr.


Y


Dockery, Michael


N


Nelson, Stephen A.





Faiella, Ellen L.





Nicholson, John H.


N


Falasca, Thomas A.


N


Palczynski, Joseph, Jr.


N


Gill, Charles F.


Y


Panetta, Debra


Y


Goodwin, Pamela J.


Y


Petkewich, Paul M.


N


Grande, Robert E.


N


Politano, Kimberly A.


Y


Greene, Michael R.





Ring, Darren S.


Y


Groark, Laura Z.


N


Rodenhiser, Joyce C.


Y


Hansen, John N.


Y


Rossetti, Peter A., Jr.


Y


Hawkes, Timothy R.


N


Serino, Angelo, Jr.


Y


Hoffman, Robert D.


N


Smith, Rick A.


N


Johnson, Patricia Anne


N


Sullivan, Betty Ann


Y


Lawrence, Raymond F.


N


Sweezey, Stephen D.


Y


Leuci, Janet M.


N


Vecchio, Matthew J.


Y








Yeas: 22 Nays: 24 at 8:22 p.m.

Article 25 does NOT pass.




Mr. Moses moves to take Article 10 off the table.

Seconded at 8:23 p.m.

Unanimous voice vote to take Article 10 off the table.




Article as written:




Article 10. To see if the Town will vote to raise and appropriate a sum of money for the purpose of highway construction, reconstruction and improvements. These funds will be reimbursable under the provisions of General Laws, Chapter 90, Section 34, Clause 2(a). (Town Manager)




Article as voted:




Article 10. Voted to raise and appropriate a sum of $475,033 for the purpose of highway construction, reconstruction and improvements. These funds will be reimbursable under the provisions of General Laws, Chapter 90, Section 34, Clause 2(a).




Yeas: 45 Nays: 0 at 8:29 p.m.

Article 10 passed as recommended by the Finance Committee.




Mr. Moses moves to take Article 26 with the proposed amendment off the table.

Seconded at 8:30 p.m.




Unanimous voice vote to take the article with amendment off the table at 8:34 p.m.




Article as written:




Article 26. To see if the Town will vote to petition the Legislature to enact special legislation to amend Chapter 17 o the Acts of 1947 as follows:




(ADD)




ARTICLE 2




SECTION 1A “Candidacy Limit on Town-wide Elective Office”.




No person shall run for more than one (1) major town-wide elective office: Selectmen, School Committee, Housing Authority and Representative to the North East Regional Vocational School. A candidate for any town-wide office may also run for a seat on Town Meeting within his precinct. (Town Meeting Charter Committee)




Mr. Rossetti, Mr. Hawkes, Mr. Serino, Mr. Manoogian and Ms. Dever all spoke on the article.




Ms. Dever makes a motion to refer Article 26 to the next Special or Annual Town Meeting.




Seconded at 8:41 p.m.




A vote came on Mr. Boesel’s proposed amendment to Article 26 to delete “North East Regional Vocational School” from the article.




Yeas: 40 Nays: 4 at 8:44 p.m.

Mr. Boesel’s amendment passes.




Vote on referral to the next Special Town Meeting.

Yeas: 16 Nays: 28 at 8:45 p.m.

Article 26 is NOT referred.







Article as voted:




Article 26. Voted to petition the Legislature to enact special legislation to amend Chapter 17 o the Acts of 1947 as follows:




(ADD)




ARTICLE 2




SECTION 1A “Candidacy Limit on Town-wide Elective Office”.




No person shall run for more than one (1) major town-wide elective office: Selectmen, School Committee, and Housing Authority. A candidate for any town-wide office may also run for a seat on Town Meeting within his precinct.






Attubato, Joseph


N


Long, Robert J.


P


Bartolo, Jean M.


N


Lopresti, Anthony J.


Y


Billingsley, Stacy A.


Y


Malone, Barbara J.


N


Boesel, Edward S.W.


Y


Maltais, Sean A.


Y


Brooks, Wayne C.


Y


Manoogian, Peter Z., Sr.


N


Cecere, Rodney G.


Y


McCarthy, Stephen F.


Y


Connors, Arthur D., Jr.


Y


McLaughlin, Patricia


Y


Cox, Robert J.


Y


Merrifield, Henry F.


Y


Dever, Maureen P.


N


Moriello, George T.


Y


Devlin, F. Ann


Y


Moschella, Dennis J.


Y


DiNardo, Albert J.


N


Moses, Jeffrey D., Sr.


Y


Dockery, Michael


Y


Nelson, Stephen A.





Faiella, Ellen L.





Nicholson, John H.


N


Falasca, Thomas A.


N


Palczynski, Joseph, Jr.


Y


Gill, Charles F.


Y


Panetta, Debra


N


Goodwin, Pamela J.


N


Petkewich, Paul M.


Y


Grande, Robert E.


Y


Politano, Kimberly A.


Y


Greene, Michael R.





Ring, Darren S.


Y


Groark, Laura Z.


N


Rodenhiser, Joyce C.


Y


Hansen, John N.


Y


Rossetti, Peter A., Jr.


Y


Hawkes, Timothy R.


N


Serino, Angelo, Jr.


Y


Hoffman, Robert D.


N


Smith, Rick A.


N


Johnson, Patricia Anne


Y


Sullivan, Betty Ann


Y


Lawrence, Raymond F.


N


Sweezey, Stephen D.


Y


Leuci, Janet M.


Y


Vecchio, Matthew J.


Y








Yeas: 31 Nays: 15 at 8:46 p.m.

Article 26 passed as amended.




Mr. Moses moves to take Article 27 off the table.

Seconded at 8:47 p.m.

Unanimous voice vote to take Article 27 off the table at 8:47 p.m.




Article as written:




Article 27. To see if the Town will vote to petition the Legislature to enact special legislation to amend Chapter 17 of the Acts of 1947 as follows:




(ADD)




ARTICLE 2




SECTION 13 (h) (a) “Leasing of Town Property”.




All leases, rentals or other proposed commitments to authorize the use of any town property for a period of more than (180) days must be approved by, three-fifths vote, of the Board of Selectmen at a regularly scheduled public meeting. The Board must be provided the final documents at least (7) days before the scheduled public meeting. Failure of the Selectmen to approve any such documents with (21) days shall be deemed to be a rejection by the Selectmen.




The Town Manager may not enter into negotiations to lease, rent or commit to authorize the use of any town property without first obtaining a, three-fifths vote, of the Board of Selectmen, at a regularly scheduled public meeting. (Town Meeting Charter Committee)




At the request of Moderator Long, Town Counsel John Vasapolli explained the proposed charter change and how it differs from the present charter.




Article as voted:




Article 27. Voted to petition the Legislature to enact special legislation to amend Chapter 17 of the Acts of 1947 as follows:




(ADD)




ARTICLE 2




SECTION 13 (h) (a) “Leasing of Town Property”.




All leases, rentals or other proposed commitments to authorize the use of any town property for a period of more than (180) days must be approved by, three-fifths vote, of the Board of Selectmen at a regularly scheduled public meeting. The Board must be provided the final documents at least (7) days before the scheduled public meeting. Failure of the Selectmen to approve any such documents with (21) days shall be deemed to be a rejection by the Selectmen.




The Town Manager may not enter into negotiations to lease, rent or commit to authorize the use of any town property without first obtaining a, three-fifths vote, of the Board of Selectmen, at a regularly scheduled public meeting.  






Attubato, Joseph


N


Long, Robert J.


P


Bartolo, Jean M.


Y


Lopresti, Anthony J.


Y


Billingsley, Stacy A.


Y


Malone, Barbara J.


Y


Boesel, Edward S.W.


Y


Maltais, Sean A.


Y


Brooks, Wayne C.


Y


Manoogian, Peter Z., Sr.


N


Cecere, Rodney G.


Y


McCarthy, Stephen F.


Y


Connors, Arthur D., Jr.


Y


McLaughlin, Patricia


Y


Cox, Robert J.


Y


Merrifield, Henry F.


Y


Dever, Maureen P.


Y


Moriello, George T.


N


Devlin, F. Ann


Y


Moschella, Dennis J.


Y


DiNardo, Albert J.


Y


Moses, Jeffrey D., Sr.


Y


Dockery, Michael


Y


Nelson, Stephen A.





Faiella, Ellen L.





Nicholson, John H.


Y


Falasca, Thomas A.


Y


Palczynski, Joseph, Jr.


Y


Gill, Charles F.


N


Panetta, Debra


Y


Goodwin, Pamela J.


Y


Petkewich, Paul M.


Y


Grande, Robert E.


Y


Politano, Kimberly A.


Y


Greene, Michael R.





Ring, Darren S.


Y


Groark, Laura Z.


Y


Rodenhiser, Joyce C.


Y


Hansen, John N.


Y


Rossetti, Peter A., Jr.


Y


Hawkes, Timothy R.


Y


Serino, Angelo, Jr.


Y


Hoffman, Robert D.


N


Smith, Rick A.


Y


Johnson, Patricia Anne


Y


Sullivan, Betty Ann


Y


Lawrence, Raymond F.


N


Sweezey, Stephen D.


Y


Leuci, Janet M.


Y


Vecchio, Matthew J.


Y








Yeas: 40 Nays: 6 at 8:58 p.m.




Article 27 passed as written.




Mr. Moses moves to take Article 30 off the table.

Seconded at 8:59 p.m.

Unanimous voice vote to take Article 30 off the table at 8:59.5 p.m.




Article as written:




Article 30. To see if the Town will vote to petition the Legislature to enact special legislation to amend Chapter 17 of the Acts of 1947 as follows:




(ADD)




ARTICLE 2




SECTION 4 A. “School Committee Vacancy”.




When a vacancy occurs on the School Committee for any reason, the Board of Selectmen and the remaining members of the School Committee share the responsibility for filling it.




As provided in the law, the School Committee will notify the Selectmen that a vacancy has been created within thirty (30) days after it has occurred. After one (1) week’s notice has been given by the Committee to the Selectmen, so that voters of the Town may have the opportunity to state their candidacy, the two (2) governing bodies will meet to fill the vacancy by roll-call vote.




For election to fill a vacancy, a candidate must receive a majority of the votes of the officers entitled to vote. The person so elected will fill the seat on the School Committee until the next town election, at which time a member will be elected to serve the remainder of the term, if any. (Town Meeting Charter Committee)




Ms. Malone and Ms. Panetta both stated their opposition on this article.




Jean Bartolo asked for clarification on statements made during previous discussions on the article. Michael Serino explained that he would not be opposed to having this article referred back to committee.




Mr. Hanson moves Article 10 be referred back to committee.

Seconded at 9:01 p.m.




Mr. Stewart, who served on the committee, as well as Mr. Cox, both expressed their support for this article to be returned back to Committee.




Vote came on referring Article 30 back to committee.

Yeas: 40 Nays: 3 at 9:07 p.m.

Article 30 is referred back to committee.




Moderator Long thanked the Finance Committee for the long hours of dedicated work in preparing for this years Annual Town Meeting.




Mr. Boesel moves to adjourn Sine Die.

Seconded at 9:08 p.m.




Unanimous voice vote to adjourn the 2010 Annual Town Meeting Sine Die at 9:08 p.m.