Town of Saugus, MA - STM

STM - March 7, 2011

SPECIAL TOWN MEETING

MINUTES

March 7, 2011

Town Moderator, Robert J. Long, called the Special Town Meeting of March 7, 2011 to order at 7:32 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 41 members, plus the moderator present. A quorum is met.

Joyce Rodenhiser from precinct 1 and Edward S. W. Boesel from precinct 9 were appointed and sworn as tellers. Charles F. Gill from precinct 3 will, as a courtesy, be making motions this evening on behalf of the Finance Committee.

The moderator led the meeting in the salute to the flag, which was followed by a moment of silence in honor of Ellen Burns and Henry Merrifield, who recently passed away.

Moderator Long held high praise for Ellen Burns, who was born in 1916 and as an adult adopted the Town, as we adopted her. Mrs. Burns had a strong sense of right and wrong and had no problem voicing her opinions with, at times, a sharp tongue, but also had a wonderful sense of humor. Mrs. Burn served on many Boards and Commissions throughout her years and it will be very strange thinking of Saugus without Ellen and John Burns. There will be a Memorial Service honoring her life on May 7^,2011.

Moderator Long also spoke of Henry “Buddy” Merrifield, who was born in 1951 and became a Town Meeting Member in 2007. Mr. Merrifield was a product of Saugus and the Saugus School system. Although Moderator Long stated that he did not have the privilege of knowing Mr. Merrifield prior to him becoming a Town Meeting Member, it was evident by the number of people at his memorial service that many held him in high esteem, and he will be greatly missed. Henry’s long time companion, Randi-Sue Abber, asked the Moderator to publicly express her gratitude for the quick and professional care Henry received by the Saugus Emergency Personnel at the time of his emergency.

Mr. Long asked that after tonight’s Town Meeting members would remain for discussion on how to pay for the snow and ice removal costs, which exceeded expectations this year. The Town is seeking opinions and ideas on how to pay these costs and have a balanced budget in place by June 30^th.

Town Clerk, Joanne Rappa, called the roll.

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

With 41 members present plus the Moderator, a quorum is met.

Article 1. Reports of committees.

Mr. Palleschi, Chairman of the Finance Committee, thanked the many Town Meeting members who have faithfully been attending their meetings and explained the Finance Committee recommendations.

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

Seconded at 7:47 p.m.

Article as written:

Article 2. To see if the Town will vote to transfer available funds ($12,000.00) from the FY 2011 Non Contributory Pension line item account into the FY 2011 Legal Litigation line item account, or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 2. Voted to transfer available funds in the amount of $12,000.00 from the FY 2011 Non Contributory Pension line item account into the FY 2011 Legal Litigation Line item account.

Unanimous voice vote at 7:47 p.m.

Article 2 passes by Unanimous Voice Vote.

Mr. Gill Moves, as a courtesy to the Finance committee, Article 3.

Seconded at 7:48 p.m.

Article as written:

Article 3. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to raise and appropriate by borrowing or otherwise a sum of money for the purpose of funding the Saugus High School ADA Compliance project, or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 3. Voted that $100,000 is appropriated for ADA compliance remodeling at the Saugus High School; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $100,000 under Chapter 44 of the General Laws or any other enabling authority; that the Treasurer with the Board of Selectmen is authorized to contract for and expend any federal or state aid available for the project; and that the Board of Selectmen is authorized to take any other action necessary or convenient to carry out this project

Yeas: 41 Nays: 0 at 7:49 p.m.

Article 3 passes.

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

Seconded at 7:50 p.m.

Article as written:

Article 4. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to raise and appropriate by borrowing or otherwise a sum of money for the purpose of funding the Saugus High School Unit Vents repair/replacement project, or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 4. Voted that $75,000 is appropriated repairing and/or replacing the Unit Vents at the Saugus High School; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $75,000 under Chapter 44 of the General Laws or any other enabling authority; that the Board of Selectmen is authorized to contract for and expend any federal or state aid available for the project; and that the Board of Selectmen is authorized to take any other action necessary or convenient to carry out this project.

Yeas: 41 Nays: 0 at 7:51 p.m.

Article 4 passes.

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

Seconded at 7:51.5 p.m.

Article as written:

Article 5. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to raise and appropriate by borrowing or otherwise a sum of money for the purpose of funding the replacement of the Essex Street Fire Station Heating System, or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 5. Voted that $40,000 is appropriated replacing and/or repairing the heating system at the Essex Street Fire Station; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $40,000 under Chapter 44 of the General Laws or any other enabling authority; that the Board of Selectmen is authorized to contract for and expend any federal or state aid available for the project; and that the Board of Selectmen is authorized to take any other action necessary or convenient to carry out this project.

Yeas: 41 Nays: 0 at 7:52 p.m.

Article 5 Passes.

Mr. Dockery moves, as a courtesy to the Cemetery Commission, Article 6.

Seconded at 7:52 p.m.

Article as written:

Article 6. 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)

Mr. Sweezey moves to amend Article 6 by deleting “and remaining acreage to Town of Saugus School Department” .

Seconded at 7:53 p.m.

Dennis Gould of the Cemetery Commission gave a power point presentation and asked for support of the article.

Joyce Rodenhiser, Sean Maltais, Robert Cox, George Moriello, Tim Hawkes, Peter Rossetti, Debra Panetta, Stephen Sweezey, Jeffrey Moses all spoke on the article.

Wendy Reed, Chairman of the School Committee, reminded members that the School Committee voted in opposition of this article and noted that the land in question is already in the Master Plan for the School Department for future use.

A vote came on the Sweezey Amendment.

Yeas: 20 Nays: 21 at 8:27 p.m.

Sweezey Amendment does NOT pass.

A vote came on the article as written.

Yeas: 14 Nays: 27 at 8:29 p.m.

Article 6 does NOT pass.

Mr. Attubato moves Article 7.

Seconded at 8:30 p.m.

Article as written:

Article 7. To see if the Town will vote, pursuant to Massachusetts General Law c. 82 to accept Alberta Drive (259.66 linear feet) as shown on a plan of land entitled “Definitive Subdivision Plan of Land David Drive aka Alberta Drive” Saugus, Massachusetts, prepared for Alberta R. Davie, prepared by Otte & Dwyer, Inc. and Rice Engineering Services, dated July 27, 1987 and recorded in Plan Book 237 Plan 75. (Town Manager)

Mr. Palleschi asked what was meant by “aka” in the article. Was this street known as David Drive or Alberta Drive?

Ellen Faiella stated that she believed the article should read “Davie Drive” not David Drive and moved to amend the Article as such.

Seconded at 8:33 p.m.

Faiella Amendment passed by Unanimous Voice Vote at 8:33.5 p.m.

Mr. Cox wondered if there should be a Planning Board approval on this article.

Atty. Vasapolli explained that when these subdivisions came into existence, there was no procedure in place to accept the roads. Therefore, the only way to do so now is by Town Meeting vote.

George Moriello suggested that until the “official” name of the street, as recorded with the Registry of Deeds, is confirmed, this article should be Indefinitely postponed.

Edward Boesel moves to refer the article back to the Town Manager.

Seconded at 8:40 p.m.

Unanimous voice vote to refer Article 7 back to the Town Manager at 8:41 p.m.

Mr. Attubato moves Article 8.

Seconded at 8:41.5 p.m.

Article as written:

Article 8. To see if the Town will vote, pursuant to Massachusetts General Law c.82 to accept Lindsay Terrace (732.18 linear feet) and Scott Drive (501.98 linear feet) as shown on a plan of land entitled “Subdivision Plan of Breakheart Acres” Saugus, Massachusetts, prepared for Breakheart Development Trust, prepared by Bradford & Weed – Civil Engineers, dated April 30, 1963 recorded in Plan Book 100 Plan 65. (Town Manager)

Article as voted:

Article 8. Voted, pursuant to Massachusetts General Law c.82 to accept Lindsay Terrace (732.18 linear feet) and Scott Drive (501.98 linear feet) as shown on a plan of land entitled “Subdivision Plan of Breakheart Acres” Saugus, Massachusetts, prepared for Breakheart Development Trust, prepared by Bradford & Weed – Civil Engineers, dated April 30, 1963 recorded in Plan Book 100 Plan 65. (Town Manager)

Article 8 passed by Unanimous Voice Vote at 8:42 p.m.

Joseph Attubato moves Article 9.

Seconded at 8:43 p.m.

Article as written:

Article 9. To see if the Town will vote, pursuant to Massachusetts General Law c.82 to accept Randell Road (821.35 linear feet) and Noel Drive (721.55 linear feet) as shown on a plan of land entitled “Definitive Plan of Parkway Farms” Saugus, Massachusetts, prepared for Breakheart Development Trust, prepared by Hayes Engineering, Inc., dated July 7, 1976 and recorded in Plan Book 142 Plan 17. (Town Manager)

Article as voted:

Article 9. Voted, pursuant to Massachusetts General Law c.82 to accept Randell Road (821.35 linear feet) and Noel Drive (721.55 linear feet) as shown on a plan of land entitled “Definitive Plan of Parkway Farms” Saugus, Massachusetts, prepared for Breakheart Development Trust, prepared by Hayes Engineering, Inc., dated July 7, 1976 and recorded in Plan Book 142 Plan 17. (Town Manager)

Article 9 passed by Unanimous Voice Vote at 8:44 p.m.

Joseph Attubato moves Article 10.

Seconded at 8:44.5 p.m.

Article as written:

Article 10. To see if the Town will vote, pursuant to Massachusetts General Law c.82 to accept Patel Drive (428 linear feet) as shown on a plan of land entitled “Subdivision Plan of Land in Saugus” Saugus, Massachusetts, prepared by Mistry Associates, Incorporated, Surveyors, dated September 26, 1989 and recorded Land Court Plan 31730 C. (Town Manager)

Article as voted:

Article 10. Voted, pursuant to Massachusetts General Law c.82 to accept Patel Drive (428 linear feet) as shown on a plan of land entitled “Subdivision Plan of Land in Saugus” Saugus, Massachusetts, prepared by Mistry Associates, Incorporated, Surveyors, dated September 26, 1989 and recorded Land Court Plan 31730 C. (Town Manager)

Article 10 passed by Unanimous Voice Vote at 8:45 p.m.

Mr. Manoogian moves, as a courtesy to the School Committee, Article 11.

Seconded at 8:46 p.m.

Article as written:

Article 11. To see if the Town will vote to amend the Town of Saugus By-Law, 901.00:

901.00 Saugus Student Government Day

Whereas the Massachusetts Education Reform Act of 1993 developed a Common Core of Learning for all public school students.

Whereas Chapter 4 of the Common Chapters of the Common Core of

Learning established under ERA encourages a dynamic, relevant curriculum, which includes partnerships with community resources as a natural extension of what has been learned in the classroom.

And whereas American Government is taught in the 9th grade in the Saugus Public Schools:

The Chairman of the board of selectmen is hereby authorized to pro-claim the first Tuesday in May as Saugus Student Government Day. Said proclamation will provide for the observation of said day in the Town of Saugus and recommend that exercises appropriate to such day be observed in the Saugus Public Schools.

The Selectmen, School Committee, Housing Authority, NE Vocational Representative, Town Meeting as well as other appointed positions may be paired with a student counterpart for that day in order to observe the process of local town government in the executive, legislative, and administrative operations of the town.

There shall be a town meeting of 50 students elected by high school students from "precincts" corresponding as nearly as possible to the precincts of the town. All other elected town officials shall be selected at large" by the high school student body. Upon election, these students shall "select" all other positions from the at large student body who will "apply" for such positions.

Any person or civic, charitable or organization may make contributions or help sponsor such an event. (Annual Town Meeting held on May 6, 1996, Article 36)

And replace as follows:

901.00 Saugus Student Government Day

Whereas the mission of the Saugus Public Schools is to educate, challenge, and empower students to be life-long learners and to achieve excellence with integrity in the 21^st century as productive, caring, and contributing members of society.

Whereas Saugus High School is a comprehensive learning institution whose mission is to prepare students to be responsible, thoughtful and effective global citizens.

Whereas Saugus High School is committed to providing a learning environment that encourages students to become actively involved in the learning process and fosters risk-taking and creativity in problem solving.

Whereas Saugus High School’s ultimate purpose is to produce students who have the knowledge base and intellectual curiosity to become productive, ethical, and informed citizens in the 21^st century.

And whereas Saugus High School expects students to demonstrate an understanding of civic responsibility, communicate ideas and information with clarity and understanding of audience, and to be able to analyze and evaluate information.

Therefore The Chairman of the Board of Selectmen, after consultation with the Superintendent of schools, is hereby authorized to proclaim a date in April or May as Saugus Student Government Day. Said proclamation will allow for the planning and implementation of events, through a collaborative process inclusive of school and town officials or their designees that will simulate, as close as practicable, the legislative, executive and administrative functions of Saugus Town Government.

Any person or civic or charitable organization may make contributions or help sponsor such an event. (Saugus School Committee)

Article as voted:

Article 11. Voted to amend the Town of Saugus By-Law, 901.00:

901.00 Saugus Student Government Day

Whereas the Massachusetts Education Reform Act of 1993 developed a Common Core of Learning for all public school students.

Whereas Chapter 4 of the Common Chapters of the Common Core of

Learning established under ERA encourages a dynamic, relevant curriculum, which includes partnerships with community resources as a natural extension of what has been learned in the classroom.

And whereas American Government is taught in the 9th grade in the Saugus Public Schools:

Any person or civic, charitable or organization may make contributions or help sponsor such an event. (Annual Town Meeting held on May 6, 1996, Article 36)

And replace as follows:

901.00 Saugus Student Government Day

Whereas Saugus High School is a comprehensive learning institution whose mission is to prepare students to be responsible, thoughtful and effective global citizens.

Any person or civic or charitable organization may make contributions or help sponsor such an event. (Saugus School Committee)

Article 11 passed by Unanimous Voice Vote at 8:45 p.m.

Mr. Rossetti moves Article 12.

Seconded at 8:46 p.m.

Article as written:

Article 12. 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”

In the event a school committee member duly elected by the voters shall fail to serve out his/her term of office, the town clerk shall declare said office vacant and declare the person with the next highest number of votes in said biennial election as having been elected to said vacant office and such person shall be immediately thereupon sworn into said office to fill the unexpired term of said vacant office.

In the event there is no person who obtained a minimum of one thousand votes for school committee in said biennial election and a vacancy in the office of school committee shall have occurred, the town clerk shall declare said office vacant.

SECTION 4 B.

Once the town clerk declares a vacancy on the school committee, the remaining members of the school committee shall give written notice thereof, within one month of said vacancy, to the selectmen, who, with the remaining member or members of such board, shall, after one week’s notice, fill such vacancy by roll call vote. The selectmen shall fill such vacancy if such board fails to give said notice within the time herein specified. A majority of the votes of the officers entitled to vote shall be necessary to such election. The person so appointed or elected shall be a registered voter of the town and shall perform the duties of the office until the next town election. Nothing contained herein shall be construed to effect section forty-eight.

(Town Meeting Charter Committee)

Mr. Rossetti explained the article and stated that the Charter Committee thought the change would make sense.

Mr. Grabowski commented on the Article.

Edward S. W. Boesel moves to amend Article 12 by inserting “not elected” in the first sentence of the second paragraph, which if passed would read as follows: “In the event there is no person not elected who obtained a minimum of one thousand votes…….”

Seconded at 8:52 p.m.

Selectmen Michael Serino, Mr. Peter Manoogian and Mr. Robert Cox all expressed their desire for the language to stay as written.

Ms. Debra Panetta and Mr. Sean Maltais spoke on the article.

Vote came on Boesel Amendment.

Yeas: 3 Nays: 37 at 9:00 p.m.

Boesel Amendment Does NOT pass.

Article as voted:

Article 12. Voted 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”

SECTION 4 B.

(Town Meeting Charter Committee)

Yeas: 41 Nays: 0 at 9:01 p.m.

Article 12 passed as written.

Mr. Rossetti moves Article 13

Seconded at 9:02 p.m.

Article as written:

Article 13. To see if the Town will vote to re-affirm the votes of Articles 23, 24, 26, 27, and 28 of the 2010 Annual Town Meeting, to petition the Legislature to enact special legislation to amend Chapter 17 of the Acts of 1947 as follows:

(Add):

ARTICLE 2

SECTION 3. “Powers of the Selectmen”.

The selectmen shall be the chief policy makers of the Town.

(Change):

SECTION 3. (TO) SECTION 3A.

(Change):

SECTION 3A. (TO) SECTION 3B.

(Add):

ARTICLE 3

SECTION 1. “Capital Improvement Plan”

The Board of Selectmen and the Town Manager shall be responsible for preparing a five (5) year capital improvement plan for the Town of Saugus.

(a). The Board of Selectmen and the Town Manager shall receive input from the School Committee.

(b). The plan must be updated every year.

(c). Cost estimates, methods of financing and a recommended time frame must be included in the plan.

( 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.

( 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 within (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.

( Add):

ARTICLE 2

SECTION 35 A. “School Budget”.

On or before the 1^st day of February the School Committee shall submit to the Board of Selectmen and the Town Manager a detailed budget for the ensuing fiscal year.

(Town Meeting Charter Committee)

Attorney John Vasapolli explained how the votes were taken to amend the charter at the 2010 Annual Town Meeting, but was not acted on during the last legislative session. House Counsel explained to Attorney Vasapolli that it reached Committee on Third Readings, but no action was taken from that point on. Therefore, the petition must be re voted by Town Meeting and re-filed with the legislature.

Article as voted:

Article 13. Voted to re-affirm the votes of Articles 23, 24, 26, 27, and 28 of the 2010 Annual Town Meeting, to petition the Legislature to enact special legislation to amend Chapter 17 of the Acts of 1947 as follows:

(Add):

ARTICLE 2

SECTION 3. “Powers of the Selectmen”.

The selectmen shall be the chief policy makers of the Town.

(Change):

SECTION 3. (TO) SECTION 3A.

(Change):

SECTION 3A. (TO) SECTION 3B.

(Add):

ARTICLE 3

SECTION 1. “Capital Improvement Plan”

The Board of Selectmen and the Town Manager shall be responsible for preparing a five (5) year capital improvement plan for the Town of Saugus.

(a). The Board of Selectmen and the Town Manager shall receive input from the School Committee.

(b). The plan must be updated every year.

(c). Cost estimates, methods of financing and a recommended time frame must be included in the plan.

( Add):

ARTICLE 2

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

( Add):

ARTICLE 2

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

( Add):

ARTICLE 2

SECTION 35 A. “School Budget”.

On or before the 1^st day of February the School Committee shall submit to the Board of Selectmen and the Town Manager a detailed budget for the ensuing fiscal year.

Yeas: 41 Nays: 0 at 9:04 p.m.

Article 13 passed as written.

Mr. Boesel moves to adjourn the March 7, 2011 Special Town Meeting Sine Die.

Seconded at 9:05 p.m.

Unanimous Voice Vote To Adjourn Sine Die at 9:05 p.m.