Town of Saugus, MA - STM

STM - Oct. 25, 2010

SPECIAL TOWN MEETING

MINUTES

October 25, 2010

Town Moderator, Robert J. Long, called the Special Town Meeting of October 25, 2010 to order at 7:35 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 43 members, plus the moderator present. A quorum is met.

Joyce Rodenhiser from precinct one and Edward S. W. Boesel from precinct nine were appointed and sworn as tellers.

Raymond Lawrence from precinct eight and Stacy Billingsley from precinct one will, as a courtesy, be making motions this evening.

The moderator led the meeting in the salute to the flag.

Town Moderator, Robert J. Long thanked Town Meeting members, Edward Boesel and Peter Manoogian, Richard Garabedian of Saugus Television and Town Clerk, Joanne Rappa for contributing to the new electronic tally sheets that will be used this evening. Mr. Long explained that the new system may take some extra time, and is still in the experimental stages, so changes may be necessary.

Town Clerk, Joanne Rappa, called the roll.

Attubato, Joseph	X	Long, Robert J.	X
Bartolo, Jean M.	X	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.
Dever, Maureen P.	X	Moriello, George T.	X
Devlin, F. Ann		Moschella, Dennis J.	X
DiNardo, Albert J.	X	Moses, Jeffrey D., Sr.	X
Dockery, Michael	X	Nelson, Stephen A.
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.		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.		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

44 members present, a quorum is met.

Article 1. Report of Committees.

Janet Leuci, Chairman of the Affordable Housing Committee thanked Committee members, Ann Devlin, Stephen Horlick, Florence Chandler, Robert Cox, Fae Saulenas and Philip Silvani for all of their hard work, dedication, and patience over the past few years.

Mrs. Leuci then reviewed the Committee’s Final Report.

Mrs. Leuci makes a motion to accept the Final Report.

Seconded at 7:50 p.m.

Affordable Housing Committee’s Final Report is accepted by unanimous voice vote at 7:51 p.m.

Mr. Kenneth DePatto spoke on behalf of the Finance Committee. Mr. DePatto stated that he hopes the votes of FinCom are clear and that Town Meeting would vote in favor of their recommendations.

Mrs. Billingsley moves, as a courtesy to the Finance Committee, Article 2.

Seconded at 7:59 p.m.

Article as written:

Article 2. To see if the Town will vote to reduce the Group Health Insurance appropriations as voted under Article 2 of the 2010 Annual Town meeting or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 2. Voted to reduce by $245,000, the Group Health Insurance appropriations as voted under Article 2 of the 2010 Annual Town meeting.

Attubato, Joseph	Y	Long, Robert J.
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.
Dever, Maureen P.	Y	Moriello, George T.	Y
Devlin, F. Ann		Moschella, Dennis J.	Y
DiNardo, Albert J.	Y	Moses, Jeffrey D., Sr.	Y
Dockery, Michael	Y	Nelson, Stephen A.
Faiella, Ellen L.	Y	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.		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.		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: 43 Nays: 0 at 8:02 p.m.

Article 2 passes as recommended by the Finance Committee.

Mr. Lawrence moves, as a Courtesy to the Finance Committee, Article 3.

Seconded at 8:02 p.m.

Article as written.

Article 3. To see if the Town will vote to reduce the Unemployment Compensation appropriation as voted under Article 2 of the 2010 Annual Town Meeting or to take any other action relative thereto. (Town Manager)

Article as voted.

Article 3. Voted to reduce, by $45,000, the Unemployment compensation appropriation as voted under Article 2 of the 2010 Annual Town Meeting.

Attubato, Joseph	Y	Long, Robert J.
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.
Dever, Maureen P.	Y	Moriello, George T.	Y
Devlin, F. Ann		Moschella, Dennis J.	Y
DiNardo, Albert J.	Y	Moses, Jeffrey D., Sr.	Y
Dockery, Michael	Y	Nelson, Stephen A.
Faiella, Ellen L.	Y	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.		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.		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: 43 Nays: 0 at 8:05 p.m.

Article 3 passes as recommended by the Finance Committee.

Due to the length of time necessary to process the new electronic tallying system, Moderator Long consulted with Town Counsel, John Vasapolli, as to what alternative method of voting is acceptable under the new by-law requiring roll call votes. Attorney Vasapolli stated that, in the case of a unanimous voice vote as declared by the Moderator, a roll call is not required, and therefore, a vote by hands would be adequate, unless otherwise indicated.

Stacy Billingsley moves, as a courtesy to the Finance Committee, Article 4.

Seconded at 8:07 p.m.

Article as written:

Article 4. To see if the Town will vote to reduce the Street Lights appropriation as voted under Article 2 of the 2010 Annual Town Meeting or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 4. Voted to reduce, by $20,000, the Street Lights appropriation as voted under Article 2 of the 2010 Annual Town Meeting.

Yeas: 43 Nays: 0 at 8:09 p.m.

Article 4 passes as recommended by the Finance Committee.

Mr. Lawrence moves, as a Courtesy to the Finance Committee, Article 5.

Seconded at 8:10 p.m.

Article as written:

Article 5. To see if the Town will vote to reduce the Rubbish Disposal appropriation as voted under Article 2 of the Annual Town Meeting or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 5. Voted to reduce, by $50,000, the Rubbish Disposal appropriation as voted under Article 2 of the Annual Town Meeting.

Yeas: 43 Nays: 0 at 8:10.5 p.m.

Article 5 passes as recommended by the Finance Committee.

Mrs. Billingsley moves, as a courtesy to the Finance Committee, Article 6.

Seconded at 8:11 p.m.

Article as written:

Article 6. To see if the Town will vote to raise and appropriate or transfer from other available funds a sum of money for the purpose of funding the remainder of the Fiscal Year 2011 Northeast Regional Vocational School Assessment or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 6. Voted to raise and appropriate or transfer from other available funds a sum of $618,498, for the purpose of funding the remainder of the Fiscal Year 2011 Northeast Regional Vocational School Assessment.

Yeas: 40 Nays: 2 at 8:12 p.m.

Debra Panetta and Albert DiNardo are recorded in opposition to Article 6.

Article 6 passes as recommended by the Finance Committee.

Mr. Lawrence moves, as a courtesy to the Finance Committee, Article 7.

Seconded at 8:14 p.m.

Article as written:

Article 7. To see if the Town will vote to raise and appropriate from the tax levy an amount to be deposited in the targeted stabilization account created for the purpose of reducing or eliminating athletic and extracurricular user fees in the Saugus Public Schools. (Town Manager)

Article as voted:

Article 7. Voted to raise and appropriate, from the tax levy, an amount of $60,000, to be deposited in the targeted stabilization account created for the purpose of reducing or eliminating athletic and extracurricular user fees in the Saugus Public Schools.

Yeas: 43 Nays: 0 at 8:14 p.m.

Article 7 passes as recommended by the Finance Committee.

Stacy Billingsley moves Article 8.

Seconded at 8:15 p.m.

Article as written:

Article 8. To see if the Town will vote to release a sum of money from the targeted stabilization account for student athletics and activities to be used in accordance with the plan provided by the Saugus School Department. (Saugus School Committee)

Article as voted:

Article 8. Voted to release a sum of money from the targeted stabilization account for student athletics and activities to be used in accordance with the plan provided by the Saugus School Department.

Yeas: 43 Nays: 0 at 8:15.5 p.m.

Article 8 passes as recommended by the Finance Committee.

Mr. Lawrence moves, as a courtesy to the Finance Committee, Article 9.

Seconded at 8:16 p.m.

Article as written:

Article 9. To see if the Town will vote to authorize the Treasurer with the approval of the Board of Selectmen, to borrow a certain amount at 0% interest from the MWRA Local Pipeline Assistance Program Fiscal Year 2012 for the purpose of designing and constructing improvements to water pipelines or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 9. Voted to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow $940,000 at 0% interest from the MWRA Local Pipeline Assistance Program Fiscal Year 2012 for the purpose of designing and constructing improvements to water pipelines.

Yeas: 43 Nays: 0 at 8:16.5 p.m.

Article 9 passes as recommended by the Finance Committee.

Stacy Billingsley moves, as a courtesy to the Finance Committee, to Indefinitely Postpone Article 10.

Seconded at 8:17 p.m.

Article as written:

Article 10. To see if the Town will vote to raise and appropriate a sum of money for capital improvements to the town’s sanitary sewer system, including all costs thereof as defined in Section 1, of Chapter 29C of the Massachusetts General Laws, as amended; to determine whether this appropriation shall be raised by borrowing from Massachusetts Water Pollution Abatement Trust or otherwise; and to take any other action relative thereto. (Town Manager)

Vote to Indefinitely Postpone Article 10.

Yeas: 43 Nays: 0 at 8:17.5 p.m.

Article 10 is Indefinitely Postponed, as recommended by the Finance Committee.

Mr. Lawrence moves, as a courtesy to the Finance Committee to Indefinitely Postpone Article 11.

Seconded at 8:18 p.m.

Article as written:

Article 11. To see if the Town will vote to appropriate or transfer from available funds the sum of $55,200 for the purpose of purchasing bullet proof vests for the police department to replace current expired vests. The Town will be reimbursed the sum of $18,850 from a matching fund federal grant that has been awarded to the police department. (Police Department)

Vote to Indefinitely Postpone Article 11.

Yeas: 42 Nays: 0 at 8:18.5 p.m.

Article 11 is Indefinitely Postponed, as recommended by the Finance Committee.

Mr. Lawrence moves, as a courtesy to the Finance Committee, to refer Article 12 to the next Annual Town Meeting.

Seconded at 8:19 p.m.

Article as written:

Article 12. 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 of a new backhoe and sander for a truck for the cemetery department, to determine whether this appropriation shall be raised by borrowing or otherwise, or to take any other action relative there. (Saugus Cemetery Commission)

Vote to refer Article 12 to the next Annual Town Meeting.

Unanimous voice vote at 8:20 p.m.

Article 12 is referred to the next Annual Town Meeting, as recommended by the Finance Committee.

Mr. Dockery moves to refer Article 13 to the next Special or Annual Town Meeting.

Seconded at 8:21 p.m.

Article as written:

Article 13. To see if the Town will vote to transfer the care, custody and control of 26.6 acres of Town of Saugus Property located on Assessors Plan 1038, formerly known as Curley Property, for the use by Cemetery Commission for a Cemetery for Saugus Residents and remaining acreage to Town of Saugus School Department. The 26.6 acres would be the parcel of property located at North and West portion of the ~ 63.3 acres of property. (Saugus Cemetery Commission)

Vote to refer Article 13 to the next Special or Annual Town Meeting.

Unanimous voice vote at 8:22 p.m.

Article 13 is referred to the next Special or Annual Town Meeting.

Mr. Dennis Moschella moves, as a courtesy to the Town Manager, Article 14.

Seconded at 8:23 p.m.

Article 14 as written:

Article 14. To see if the Town will vote, pursuant to Massachusetts General Law c. 82 to accept Sanders Drive (1,950 linear feet) as shown on a plan of land entitled “Definitive Plan Sanders Drive, Saugus, Mass.” prepared for Kenneth Sanders Trustee, by Hayes Engineering, recorded with Essex South Registry of Deeds on May 15, 1987 as Plan No. 43 in Book 225. Form K received and approved by the Town of Saugus Planning Board on February 19, 1998. (Town Manager)

Moderator Long read the Planning Board Recommendations for both Article 14 and Article 15, which was to recommend passage of both articles.

Article as voted:

Article 14. Voted, pursuant to Massachusetts General Law c. 82 to accept Sanders Drive (1,950 linear feet) as shown on a plan of land entitled “Definitive Plan Sanders Drive, Saugus, Mass.” prepared for Kenneth Sanders Trustee, by Hayes Engineering, recorded with Essex South Registry of Deeds on May 15, 1987 as Plan No. 43 in Book 225. Form K received and approved by the Town of Saugus Planning Board on February 19, 1998.

Yeas: 43 Nays: 0 at 8:24 p.m.

Article 14 passes as recommended by the Planning Board.

Mr. Moschella moves, as a courtesy to the Town Manager, Article 15.

Seconded at 8:24.5 p.m.

Article as written:

Article 15. To see if the Town will vote, pursuant to Massachusetts General Law c. 82 to accept Kayla Drive (915.0 linear feet) and Lisa Lane (743.5 linear feet) as shown on a plan of land entitled “As Built Longwood Estates, Saugus, Massachusetts” prepared for Gregholl Realty Trust by Otte and Dwyer, Inc., dated June 10, 2002 and on file with the Saugus Planning Board. Form K received and approved by the Town of Saugus Planning Board on October 3, 2002. (Town Manager)

Article as passed:

Article 15. Voted, pursuant to Massachusetts General Law c. 82 to accept Kayla Drive (915.0 linear feet) and Lisa Lane (743.5 linear feet) as shown on a plan of land entitled “As Built Longwood Estates, Saugus, Massachusetts” prepared for Gregholl Realty Trust by Otte and Dwyer, Inc., dated June 10, 2002 and on file with the Saugus Planning Board. Form K received and approved by the Town of Saugus Planning Board on October 3, 2002.

Yeas: 43 Nays: 0 at 8:25 p.m.

Article 15 passed as recommended by the Planning Board.

Mr. Sweezey moves, as a courtesy to the Police Chief, Article 16.

Seconded at 8:26 p.m.

Article as written:

Article 16. To see if the Town will vote to amend the Town of Saugus by-laws by inserting the following:

601.16 - UNLAWFUL PARKING

It shall be unlawful to park or leave standing or unattended, for greater than two hours, on any public way or private way open for use for the general public, any vehicle or combination of attached vehicles twenty-five (25) feet or more in length or having a registered gross weight of ten thousand pounds (10,000) lbs.) or more, or any unattached trailer regardless of its length or weight.

The term vehicle shall include, but not be limited to, a truck, tractor, trailer, bus, van, motor or mobile home, or recreational vehicle.

The prohibition imposed hereby shall not apply to the parking or standing of such vehicles when:

Making pickups or deliveries, or loading or unloading goods, to or from property located on the way or within one thousand feet (1,000’) of the subject property.
Being used in connection with, or in aid of, the performance of a service to or on a property located on the way or within one thousand feet (1,000’) of the subject property.
Parked or standing on a private way in a district zoned as “Business or Industrial” on the Town of Saugus zoning map on file in the office of the Building Inspector and the Department of Public Works.

Fine: Parking Tag – Fifty Dollars $50.00

(Domenic J. DiMella, Police Chief)

Mr. Boesel spoke on the article.

Article as voted:

Article 16. Voted to amend the Town of Saugus by-laws by inserting the following:

601.16 - UNLAWFUL PARKING

The term vehicle shall include, but not be limited to, a truck, tractor, trailer, bus, van, motor or mobile home, or recreational vehicle.

The prohibition imposed hereby shall not apply to the parking or standing of such vehicles when:

Making pickups or deliveries, or loading or unloading goods, to or from property located on the way or within one thousand feet (1,000’) of the subject property.
Being used in connection with, or in aid of, the performance of a service to or on a property located on the way or within one thousand feet (1,000’) of the subject property.
Parked or standing on a private way in a district zoned as “Business or Industrial” on the Town of Saugus zoning map on file in the office of the Building Inspector and the Department of Public Works.

Fine: Parking Tag – Fifty Dollars $50.00

Yeas: 41 Nays: 0 at 8:29 p.m.

Raymond Lawrence and Darren Ring are recorded in opposition.

Article 16 passes as recommended by the Finance Committee.

Mr. Sweezey moves, as a courtesy to the Police Chief, Article 17.

Seconded at 8:30 p.m.

Article as written:

Article 17. To see if the Town will vote to amend the Town of Saugus by-laws by inserting the following:

602.22 DOOR-TO-DOOR SOLICITORS & CANVASSERS

Definitions; applicability:
As used in this section, the terms “solicit” and “canvas” shall mean and include any one or more of the following activities conducted at residences without the previous consent of the owner:
Seeking to obtain the purchase, or orders for the purchase of goods, ware, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatever; or
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and ever other type or kind of publication.
The provisions of this section shall not apply to officers or employees of the Town of Saugus, county, state or federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon customers.
If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of MGL c. 101, § 34 shall apply.
The provisions of this section shall not apply to any person soliciting solely for political, religious, or charitable.
Registration required:

It shall be unlawful for any person to solicit or canvas or engage in or conduct business as a canvasser or solicitor without first having obtained a Certificate of Registration from the Chief of Police as provided in this section.

Application for Certificate of Registration:
Application for a Certificate of Registration shall be made upon a form provided by the Saugus Police Department along with a nonrefundable application fee of $25.
An authorized representative of the sponsoring organization shall apply to the Chief of Police or his/her designee either in person or by mail. All statements on the application or in connection therewith shall be under oath. The applicant shall provide all information requested on the application, including:
Name, address and telephone number of the sponsoring organization, along with a listing of all officers and directors;
State and/or federal tax identification number of the sponsoring organization;
Name, residential and business address, length of residence at such residential address, telephone number, social security number and date of birth of each representative of the sponsoring organization, who will be soliciting or canvassing in the Town of Saugus;
Description sufficient for identification of the subject matter of the soliciting or canvassing in which the organization will engage;
Period of time for which the certificate is applied (every certificate of registration shall expire within one year of date of issue);
The date of the most recent previous application for a certificate of registration under this section;
Any previous revocation of a certificate of registration issued, to the organization or to any officer, director or representative of the organization by any city or town and the reasons therefore;
Any convictions for a Felony, either state or federal, within five years of the application, by the sponsoring organization, any of its officers or directors, or any representative who will be soliciting or canvassing in the Town of Saugus;
Names of the three communities where the organization has solicited or canvassed most recently;
Proposed dates, hours and method of operation in the Town of Saugus;
Signature of authorized representative of the sponsoring organization.
A photograph or an acceptable photocopy of a photograph of each representative of the sponsoring organization who will be soliciting or canvassing in the Town shall be attached to the application.
No certificate of registration shall be issued to any person, or to any organization having an officer or director who was convicted of commission of a Felony, either state or federal, within 5 years of the date of the application, nor to any organization or person whose certificate of registration has previously been revoked as provided below.
Fully completed applications for certificates shall be acted upon within 10 days of receipt. The Chief of Police shall cause to be kept in his office accurate records of every application received together with all other information and data pertinent thereto and of all certificates of registration issued under this section and of all denials.
Upon approval of an application, each solicitor or canvasser shall be issued a Certificate of Registration to carry upon his/her person at all times while soliciting or canvassing in the Town of Saugus and to display the certificate whenever asked by any Police Officer or any person solicited.
Revocation of certificate.
Any certificate of registration issued hereunder may be revoked by the Chief of Police for good cause, including conviction of the holder of the certificate of violation of any of the provisions of this section or any false material provided in application. Immediately upon such revocation, the Chief of Police shall give written notice to the holder of the certificate in person or by certified mail addressed to his/her residence set forth in the application.
Immediately upon the giving of such notice, the certificate of registration shall become null and void. In any event every certificate of registration shall state its expiration date, which shall be no later than one year from date of issue.
Deceptive practices.

No solicitor or canvasser registered or exempt from registering may use any plan, scheme, or ruse which misrepresents the true status or mission of any person conducting the solicitation or canvas in order to gain admission to the home, office or other establishment of any person in the Town of Saugus.

Duties of solicitors and canvassers.
It shall be the duty of every solicitor and canvasser going onto any premises in the Town of Saugus to first examine whether there is a notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises.
Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
Lawful hours to conduct solicitation or canvas.

All canvassing or soliciting under this section shall be confined to the hours between 10:00 AM and 8:00 PM throughout the year.

Penalty for violations of Article

Any solicitor or canvasser who violates any provision of this Article shall be fined not less than five dollars ($5.00) nor more than two hundred ($200.00) for each offense, and in certain cases, by arrest as provided in MGL c. 101 s. 32.

(Domenic J. DiMella, Police Chief)

Mrs. Panetta asked how this will affect soliciting for Girls Scouts, Boy Scouts, Schools, etc., and will there be an exemption for non-profit agencies.

Steven Sweezey stated that there is an exemption in this article for non-profit agencies. Mr. Sweezey further stated that this by-law is long over-due, as it will limit the amount of illegal activities, and deceptive practices that many of these solicitors are associated with.

Article as voted:

Article 17. Voted to amend the Town of Saugus by-laws by inserting the following:

602.22 DOOR-TO-DOOR SOLICITORS & CANVASSERS

Definitions; applicability:
As used in this section, the terms “solicit” and “canvas” shall mean and include any one or more of the following activities conducted at residences without the previous consent of the owner:
Seeking to obtain the purchase, or orders for the purchase of goods, ware, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatever; or
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and ever other type or kind of publication.
The provisions of this section shall not apply to officers or employees of the Town of Saugus, county, state or federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon customers.
If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of MGL c. 101, § 34 shall apply.
The provisions of this section shall not apply to any person soliciting solely for political, religious, or charitable.
Registration required:

Application for Certificate of Registration:
Application for a Certificate of Registration shall be made upon a form provided by the Saugus Police Department along with a nonrefundable application fee of $25.

An authorized representative of the sponsoring organization shall apply to the Chief of Police or his/her designee either in person or by mail. All statements on the application or in connection therewith shall be under oath. The applicant shall provide all information requested on the application, including:

Name, address and telephone number of the sponsoring organization, along with a listing of all officers and directors;
State and/or federal tax identification number of the sponsoring organization;
Name, residential and business address, length of residence at such residential address, telephone number, social security number and date of birth of each representative of the sponsoring organization, who will be soliciting or canvassing in the Town of Saugus;
Description sufficient for identification of the subject matter of the soliciting or canvassing in which the organization will engage;
Period of time for which the certificate is applied (every certificate of registration shall expire within one year of date of issue);
The date of the most recent previous application for a certificate of registration under this section;
Any previous revocation of a certificate of registration issued, to the organization or to any officer, director or representative of the organization by any city or town and the reasons therefore;
Any convictions for a Felony, either state or federal, within five years of the application, by the sponsoring organization, any of its officers or directors, or any representative who will be soliciting or canvassing in the Town of Saugus;
Names of the three communities where the organization has solicited or canvassed most recently;
Proposed dates, hours and method of operation in the Town of Saugus;
Signature of authorized representative of the sponsoring organization.
A photograph or an acceptable photocopy of a photograph of each representative of the sponsoring organization who will be soliciting or canvassing in the Town shall be attached to the application.
No certificate of registration shall be issued to any person, or to any organization having an officer or director who was convicted of commission of a Felony, either state or federal, within 5 years of the date of the application, nor to any organization or person whose certificate of registration has previously been revoked as provided below.
Fully completed applications for certificates shall be acted upon within 10 days of receipt. The Chief of Police shall cause to be kept in his office accurate records of every application received together with all other information and data pertinent thereto and of all certificates of registration issued under this section and of all denials.
Upon approval of an application, each solicitor or canvasser shall be issued a Certificate of Registration to carry upon his/her person at all times while soliciting or canvassing in the Town of Saugus and to display the certificate whenever asked by any Police Officer or any person solicited.

Revocation of certificate.

Any certificate of registration issued hereunder may be revoked by the Chief of Police for good cause, including conviction of the holder of the certificate of violation of any of the provisions of this section or any false material provided in application. Immediately upon such revocation, the Chief of Police shall give written notice to the holder of the certificate in person or by certified mail addressed to his/her residence set forth in the application.

Immediately upon the giving of such notice, the certificate of registration shall become null and void. In any event every certificate of registration shall state its expiration date, which shall be no later than one year from date of issue.

Deceptive practices.

Duties of solicitors and canvassers.

It shall be the duty of every solicitor and canvasser going onto any premises in the Town of Saugus to first examine whether there is a notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises.

Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

Lawful hours to conduct solicitation or canvas.

All canvassing or soliciting under this section shall be confined to the hours between 10:00 AM and 8:00 PM throughout the year.

Penalty for violations of Article

Any solicitor or canvasser who violates any provision of this Article shall be fined not less than five dollars ($5.00) nor more than two hundred ($200.00) for each offense, and in certain cases, by arrest as provided in MGL c. 101 s. 32.

Yeas: 42 Nays: 0 at 8:34 p.m.

Article 17 passes as recommended by the Finance Committee.

Mr. Lawrence moves, as a courtesy to James Tozza, President, Bike To The Sea, Article 18.

Seconded at 8:36 p.m.

Article as written:

Article 18. To see if the Town will vote the following resolution:

Whereas:

The Massachusetts Bay Transportation Authority offers to enter into a 99-year Alternative Transportation Corridor Agreement with the Town of Saugus that would grant rights to Town in the Saugus Branch Rail Road Line from the Revere City Line near Lincoln Street through Saugus Center to the Lynn City Line near Boston Street for in order to establish a rail trail (Trail);

Such a Trail will be used by residents for healthful, non-motorized activities such as walking, bicycling and jogging;

The Trail will interconnect neighborhoods with Saugus Center, parks such as Anna Parker Playground, scenic areas along the Saugus River and allow students to walk or bike to the Belmonte Middle School and Waybright Elementary Schools, Communities such as Danvers and Everett had engaged the services of Iron Horse Preservation, Inc., a non-profit organization based in Reno Nevada to remove rails and ties and create a stone dust trail at no cost to those communities.

Therefore,

Be it Resolved: BY THE TOWN MEETING OF SAUGUS as follows:

The Town Meeting hereby authorizes the Board of Selectmen to negotiate an “Alternative Transportation Corridor Agreement” for a period of 99-years of substantially similar terms and conditions as the standard agreement developed by the MBTA;

The Council hereby authorizes the Board of Selectmen and the town manager to take such actions as necessary to complete the design this section of the Trail, including actions necessary to secure federal, state and private funds.

The Town manager shall issue a no-cost Request for Proposals for rail and tie removal and the construction of a trail that will be the most beneficial trail to the Town. (James Tozza, President, Bike To The Sea)

James Tozza of 12 Saugus Ave., and Gus Fish of 57 Hammersmith Dr., both spoke in favor of Article 18. Mr. Tozza explained that clearing the railways and surrounding area would be done at no cost to the Town; further stating that park benches and beautification of the area would certainly be a benefit to the Town and the Community.

Mr. Moriello noted that he lives and works near the railway that is very secluded and overgrown, which encourages illegal activity in the area and is certainly in favor of cleaning up the area and will be supporting Article 18.

Mr. Boesel moves to amend Article 18 by adding “or motorized wheelchairs by disabled persons” after the word “jogging” in the first paragraph.

Seconded at 8:41 p.m.

Mr. Boesel’s amendment was passed by unanimous voice vote at 8:42 p.m.

Mr. Attubato asked who will maintain the area, to which Mr. Tozza explained that most trails are cleared in the winter by individuals wising to use it, not by cities and towns.

Timothy Hawkes approves the program, but wants to make sure that removal of trees and vegetation will be limited. Mr. Tozza invited Mr. Hawkes and members of the Tree Committee to lend their expertise during clearing of the property, to help save as many trees as possible.

Mr. Rossetti, asked if the MBTA was ready to give up the lines, to which the answer was yes, that problem has been resolved.

Mr. Michael Serino, Board of Selectmen, stated that should this article be passed, public hearings would be required to answer all of the questions being brought forward at this time.

Anthony Lopresti opposes the article, stating that he has concerns for the properties surrounding the railway and the pedestrian traffic, which will significantly increase.

Mr. Cox supports the article and has for over 20 years. Mr. Cox stated that questions would have to be answered regarding some issues, and he was looking forward to the process beginning.

Maureen Dever stated that this is simply a resolution to explore the option of a bike trail, which is being supported by public safety officials. Ms. Dever asked for support of the article, as it would be the first step in the process.

Donald Wong, Chairman of the Board of Selectmen, asked for approval of this resolution. A safe, environmentally friendly, recreational space where families can enjoy quality time would benefit the entire community. Right now the area is being used for illegal activity. However, if the over growth of vegetation in the area is cut down, it will expose the area and help eliminate such illicit activities. After all, most participants in such activity do so under cover, if that cover is eliminated, so will such goings-on.

Maureen Dever asked for a Roll Call vote on Article 18.

Janet Leuci moves to amend Article 18 by changing the word “Council” to “Town Meeting” and adding “of” before “this section of the Trail…”

Seconded at 9:00 p.m.

Mrs. Leuci’s amendment passes by unanimous voice vote at 9:02 p.m.

Article as voted:

Article 18. Voted the following resolution:

Whereas:

Such a Trail will be used by residents for healthful, non-motorized activities such as walking, bicycling and jogging or motorized wheelchairs by disabled persons;

Therefore,

Be it Resolved: BY THE TOWN MEETING OF SAUGUS as follows:

The Town Meeting hereby authorizes the Board of Selectmen and the town manager to take such actions as necessary to complete the design of this section of the Trail, including actions necessary to secure federal, state and private funds.

The Town manager shall issue a no-cost Request for Proposals for rail and tie removal and the construction of a trail that will be the most beneficial trail to the Town.

Attubato, Joseph	N	Long, Robert J.
Bartolo, Jean M.	Y	Lopresti, Anthony J.	N
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.	N
Connors, Arthur D., Jr.	N	McLaughlin, Patricia	Y
Cox, Robert J.	Y	Merrifield, Henry F.
Dever, Maureen P.	Y	Moriello, George T.	N
Devlin, F. Ann		Moschella, Dennis J.	Y
DiNardo, Albert J.	Y	Moses, Jeffrey D., Sr.	Y
Dockery, Michael	Y	Nelson, Stephen A.
Faiella, Ellen L.	Y	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.		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.		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.	N

Yeas: 36 Nays: 7 at 9:04 p.m.

Article 18 passes as amended.

Mr. Boesel moves to adjourn the October 25, 2010 Special Town Meeting Sine Die.

Seconded at 9:05 p.m.

Unanimous voice vote to adjourn Sine Die at 9:05 p.m.

Respectfully submitted,

Joanne D. Rappa