Town of Saugus, MA - ATM - May 16, 2011

ATM - May 16, 2011 - 2nd session

ANNUAL TOWN MEETING

MINUTES

May 16, 2011

Town Moderator, Robert J. Long, called the second session of the 2011 Annual Town Meeting to order on May 16, 2011 at 7:31 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 38 members, plus the moderator present.

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

Ronald Atkinson, Kimberly Politano and Rodney Cecere will, as a courtesy, be making motions this evening.

Town Moderator Robert J. Long led the meeting in the Salute to the Flag.

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.	P	McCarthy, Stephen F.	A
Connors, Arthur D., Jr.	A	McLaughlin, Patricia	P
Cox, Robert J.	P	Moriello, George T.	P
Dever, Maureen P.	P	Moschella, Dennis J.	A
Devlin, F. Ann	P	Moses, Jeffrey D., Sr.	P
DiNardo, Albert J.	P	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.	A	Politano, Kimberly A.	P
Grande, Robert E.	P	Ring, Darren S.	P
Greene, Michael R.	A	Rodenhiser, Joyce C.	P
Groark, Laura Z.	P	Rossetti, Peter A., Jr.	P
Hansen, John N.	A	Serino, Angelo, Jr.	A
Hawkes, Timothy R.	P	Smith, Rick A.	P
Hoffman, Robert D.	A	Sullivan, Betty Ann	P
Johnson, Patricia Anne	P	Sweezey, Stephen D.	P
Lawrence, Raymond F.	P	Vecchio, Matthew J.	A

39 members present, a quorum is met.

The Moderator mentioned that he was hoping to hear from Representative Donald Wong this evening for an update on where the Charter change articles are in the Legislature.

The Moderator thanked the tellers ahead of time for the work they are about to do this evening. Mr. Long mentioned that it has been brought to his attention that there are times when members forget about Town Meeting decorum and reviewed Roberts Rules and asked members to try to eliminate personalizing debates.

Article 1. Reports of Committees.

Mr. Robert Palleschi, Chairman of the Finance Committee, stated that he would be remiss if he did not thank Kathleen Davis, former Clerk for the Finance Committee, for her service over the past few years and wished her luck in her new, full-time job. Mr. Palleschi also thanked Joh Reed for her help, as she has been taking the minutes for the Finance Committee since Kathleen resigned and Town Clerk Joanne Rappa for her assistance with the Fin Com Reports.

Mr. Palleschi then reviewed the Finance Committee recommendations, stating that Article 6 was voted to refer back to the Board of Selectmen and the rest of the recommendations are self explanatory.

Moderator Long explained that the first order of business this evening will be to take Articles 16, 17, 18, and 25 then take up the Articles on the Finance Committee Report, which are Articles 5, 6, 13, 20, 21, 22, and 24. Upon completion of these articles, he would suggest that Town Meeting Adjourn to June 13^th.

Mrs. Ellen Faiella spoke on behalf of Representative Donald Wong, stating that the Representative informed her that the Charter Change Legislation was voted on Monday in the House, and is currently in Bills in 3^rd Reading. Representative Wong hopes it will go to the Senate later on this week.

Mr. Long read a request from Richard Garabedian of Saugus Community Television (SCTV), offering interested Town Meeting members the use of video cameras to be used to document events in their precinct, or throughout the Town, that they feel would be of interest to the Community. SCTV will assist with editing the piece and perhaps use the story on SCTV. Anyone interested in participating should call Mr. Garabedian.

Mr. Moses moves Article 16.

Seconded at 7:47 p.m.

Article as written:

Article 16. To see if the Town will establish a committee to study the feasibility for the Town to operate a Fire Department based ambulance service. Said committee shall consist of five (5) members – three (3) Town Meeting Members, the Fire Chief and one (1) Town resident. (Jeffrey D. Moses)

Mr. Moses, sponsor of the article, explained that as a member of the Fire Department for close to 26 years, he feels more money could be generated to the Town if we were to operate our own ambulance service. Although at this time the ambulance company currently being used is a good company and no problems exist, revenue would come directly into the Town, rather than to the ambulance company. Mr. Moses stated that it is obvious that some purchases will be necessary; however, Grants may be an option for these purchases. Mr. Moses expressed his feelings that this would be a good way of generating money without going to the taxpayers, and asked for support on creating a committee to study the feasibility to operate a Fire Department based ambulance service.

James Blanchard, Fire Chief, stated that almost every firefighter on the Saugus Fire Department is an EMT and that the only thing the Department does not do in a medical emergency is transport patients to the hospital. Chief Blanchard thanked Mr. Moses for bringing this idea forward and asked for support of the article.

Article as voted:

Article 16. Voted to establish a committee to study the feasibility for the Town to operate a Fire Department based ambulance service. Said committee shall consist of five (5) members – three (3) Town Meeting Members, the Fire Chief and one (1) Town resident.

Unanimous Voice Vote at 7:55 p.m.

Article 16 passed as written.

Mr. Attubato moves Article 17.

Seconded at 7:55 p.m.

Article as written:

Article 17. 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 Davie 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)

Article as voted:

Unanimous Voice Vote at 7:56 p.m.

Article 17 passed as written.

Kimberly Politano moves, as a courtesy, Article 18.

Seconded at 7:56 p.m.

Moderator Long asks if members have any objection to allowing Mr. Peter Rossetti to act as Moderator for Article 18 because he would like to debate the article, as it involves his precinct.

Seeing no objections, Mr. Rossetti presides over Town Meeting.

Article as written:

Article 18. To see if the Town of Saugus will vote to authorize the Board of Selectmen to grant an easement to Verizon New England Inc. (formerly known as New England Telephone & Telegraph) and Massachusetts Electric Company and their successor’s and assigns for the purpose of placing aerial and or underground facilities to service a telecommunications site and to Verizon New England Inc. underground cables, wires and conduit with the necessary appurtenances which would provide for the transmission of telecommunications, intelligence and electricity in, on and over a certain parcel of land to service said site. Location described as 515 Main Street, Saugus, Massachusetts, as shown in drawing filed in Town Clerk’s Office. Parcel of land shown on Map 013.B, block 0002, Lot 0001.0. Recorded Deed 3457, Page 174, at the Essex South District Registry of Deeds, Salem, Massachusetts. (Town Manager)

Mr. Long makes a motion to refer Article 18 back to the Board of Selectmen.

Seconded at 7:57 p.m.

Mr. Long stated that after speaking with fellow Precinct 9 Town Meeting Members, as well as constituents, it appears that no one was aware of the cell towers in question and would like the Selectmen to hold Public Hearings on them.

Sean Maltais supports the motion.

Selectman Michael Serino stated that the Board of Selectmen was not aware of any cell towers until after the fact and also supports the motion.

Vote came to refer Article 18 back to the Board of Selectmen.

Unanimous Voice Vote at 8:01 p.m.

Article 18 is referred back to the Board of Selectmen.

Moderator Long thanked Mr. Rossetti for his assistance.

Mr. Ronald Atkinson moves Article 25 as a courtesy to the Finance Committee

Seconded at 8:04 p.m.

Article as written:

Article 25. To see if the Town will vote pursuant to MGL Chapter 40 Section 58 to impose a municipal charges lien on real property for the following unpaid charges and fees: parking violations, public safety details, licenses, permits, inspection fees, and rental charges for town or school property and facilities.

Said lien shall be imposed after upon non-payment of any such charge by its due date and upon request to the Town Treasurer by the municipal board or officer empowered to issue the license, permit or certificate or to render the service or to perform the work for which the charge is assessed. A municipal charges lien shall take effect upon the recording of a list of unpaid municipal charges and fees by parcel of land and by the name of the person assessed for the charge or fee in the Registry of Deeds.

If a charge or fee which is secured by the lien remains unpaid when the assessors prepare the tax warrant the tax collector shall certify such charge or fee to the assessors who shall forthwith add such charge or fee to the tax on the property to which it relates and commit it with their warrant to the tax collector as part of such tax. (Town Manager)

Maureen Dever noted her concern with this article because it appears too broad. She wondered if individuals that did not license their dogs or hunting licenses would have a lien brought upon them under this article.

Town Counsel, John Vasapolli, responded by stating that the language in this article was taken from the statute and gives the town an extra tool to collect owed fees and explained the process and the success other communities have had with collecting owed fees after accepting such a by-law.

Mr. Steven Sweezey, Debra Panetta, Timothy Hawkes, George Moriello, Rick Smith, and Ronald Atkinson all spoke on the Article.

Mr. Manoogian makes a motion to amend Article 25 by adding “in excess of $300.00”

Seconded at 8:25 p.m.

Mr. Manoogian explained that the cost of imposing a lien for an amount under $300.00 would not make sense due to filing fees. He then explained that his amendment would take the “discretion” away from department heads and leave the teeth in the article.

A vote came on Mr. Manoogian’s Amendment

Yeas: 23 Nays: 15 at 8:26 p.m.

Manoogian amendment passes.

Article as voted:

Article 25. Voted pursuant to MGL Chapter 40 Section 58 to impose a municipal charges lien on real property for the following unpaid charges and fees in excess of $300.00: parking violations, public safety details, licenses, permits, inspection fees, and rental charges for town or school property and facilities.

Yeas: 38 Nays: 0 at 8:28 p.m.

Article 25 passed as amended.

Ms. Politano moves to take Articles 5, 6, 13, 20, 21, 22, and 24 out of order.

Seconded at 8:29 p.m.

Vote to take Articles 5, 6, 13, 20, 21, 22, and 24 out of order.

Yeas: 38 Nays: 0 at 8:30 p.m.

Voted to take Articles out of order.

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

Seconded at 8:30.5 p.m.

Article as written:

Article 5. To see if the Town will vote to appropriate a sum of money for capital improvements to the Town’s sanitary sewer system, including the payment of all costs incidental or related thereto; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise; and to take any other action relative thereto. (Town Manager)

Article as voted:

Article 5. Voted that $3,130,646.00 is appropriated for the purpose of financing the capital improvements to the Town’s sanitary sewer system, including the payment of all costs incidental or related thereto, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the treasurer with the approval of the Board of Selectmen is authorized to borrow $3,130,646.00 and issue bonds or notes therefor under Sections 7(1) or 8(15) of Chapter 44 of the General Laws and/or Chapter 29C of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town unless the Treasurer with the approval of the Board of Selectmen determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; and that the Treasurer, Board of Selectmen, Board of Public Works or other appropriate local body or official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary or convenient to carry out the project.

Yeas: 38 Nays: 0 at 8:31 p.m.

Article 5 passed as recommended by the Finance Committee.

Mr. Ronald Atkinson moves, as a courtesy to the Finance Committee, to refer Article 6 back to the Board of Selectmen.

Seconded at 8:33 p.m.

Article as written:

Article 6. To see if the Town will vote to appropriate a sum of money for replacing the pumping station located on Route 1, including the payment of all costs incidental or related thereto; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise; and to take any other action relative thereto. (Town Manager)

Vote came to refer Article 6 back to the Board of Selectmen.

Unanimous voice vote at 8:34 p.m.

Article 6 is referred back to the Board of Selectmen.

Ms. Kimberly Politano moves, as a courtesy to the Finance Committee, Article 13.

Seconded at 8:34 p.m.

Article as written:

Article 13. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to pay for general maintenance and upkeep of buildings and grounds at the Riverside Cemetery. Pursuant to M.G.L. Chapter 114, sections 15 and 25, source of funds to be the Cemetery Land Sales Account. (Town Manager)

Article as voted:

Article 13. Voted to transfer from available funds a sum of $25,000.00 to pay for general maintenance and upkeep of buildings and grounds at the Riverside Cemetery. Pursuant to M.G.L. Chapter 114, sections 15 and 25, source of funds to be the Cemetery Land Sales Account.

Unanimous voice vote at 8:34.5 p.m.

Article 13 passes as recommended by the Finance Committee.

Mr. Rodney Cecere moves, as a courtesy to the Finance Committee, Article 20.

Seconded at 8:35 p.m.

Article as written:

Article 20. To see if the Town will vote to raise and appropriate or transfer from available funds (FY2012 Chapter 90 Highway) a sum of money for the purpose of purchasing capital equipment for the Highway Department. Said sum will be reimbursed by the Commonwealth under Provisions of MGL Chapter 90, section 34. (Town Manager)

Article as voted:

Article 20. Voted to raise and appropriate or transfer from available funds (FY2012 Chapter 90 Highway) a sum of $193,000.00 for the purpose of purchasing capital equipment for the Highway Department. Said sum will be reimbursed by the Commonwealth under Provisions of MGL Chapter 90, section 34.

Noted that one member will abstain from the vote.

Yeas: 37 Nays: 0 at 8:36 p.m.

Article 20 passes as recommended by the Finance Committee.

Mr. Ronald Atkinson moves, as a courtesy to the Finance Committee, Article 21.

Seconded at 8:37 p.m.

Article as written:

Article 21. To see if the Town will vote to raise and appropriate or transfer from available funds (FY2012 Chapter 90 Highway) a sum of money for street resurfacing. Said sum will be reimbursed by the Commonwealth under the provisions of MGL chapter 90, section 34. (Town Manager)

Mr. Albert DiNardo noted that if roads are to be milled, they are required to be ADA compliant.

Ms. Jean Bartolo, Joseph Attubato, Town Manager Bisignani, Peter Manoogian and Sean Maltais all spoke on the article.

Discussion ensued on ADA ramps and Mr. Attubato stated that the ramps are only required when streets are under complete reconstruction and the streets in question are to be resurfaced only. Mr. DiNardo disagreed, stating that he had a previous ruling on this by Town Counsel, which he will bring to Mr. Attubato for his review.

Town Manager Bisignani reminded members that Article 22, which has yet to be taken up, recommends that $110,000 be appropriated for handicapped ramps and sidewalks.

Article as voted:

Article 21. Voted to raise and appropriate or transfer from available funds (FY2012 Chapter 90 Highway) a sum of $427,700.00 for street resurfacing. Said sum will be reimbursed by the Commonwealth under the provisions of MGL chapter 90, section 34.

Yeas: 38 Nays: 0 at 8:54 p.m.

Article 21 passes as recommended by the Finance Committee.

Ms. Kimberly Politano moves, as a courtesy to the Finance Committee, Article 22.

Seconded at 8:55 p.m.

Article as written:

Article 22. To see if the Town will vote to raise and appropriate or transfer from available funds (18% of FY2012 Chapter 90 Highway Funds) for handicapped ramps and sidewalks. Said sum will be reimbursed by the Commonwealth under the provisions of MGL Chapter 90, section 34. (Town Manager)

Article as voted:

Article 22. Voted to raise and appropriate or transfer from available funds $110,000.00 (18% of FY2012 Chapter 90 Highway Funds) for handicapped ramps and sidewalks. Said sum will be reimbursed by the Commonwealth under the provisions of MGL Chapter 90, section 34.

Yeas: 37 Nays: 0 at 8:55.5 p.m.

Article 22 passes as recommended by the Finance Committee.

Mr. Cecere moves, as a courtesy to the Finance Committee, Article 24.

Seconded at 8:56 p.m.

Article as written:

Article 24. To see if the Town will vote to raise and appropriate a sum of money for the purpose of participation in Help for Abused Women and their Children (HAWC) or take any other action relative thereto. (Town Manager)

Article as voted:

Article 24. Voted to raise and appropriate a sum of $3,000.00 for the purpose of participation in Help for Abused Women and their Children (HAWC) or take any other action relative thereto.

Unanimous Voice vote at 8:56.5 p.m.

Article 24 passes as recommended by the Finance Committee.

Mr. Edward S. W. Boesel moves to adjourn the Annual Town Meeting to June 13, 2011 at 7:30 p.m. in the Town Hall Auditorium.

Seconded at 8:57 p.m.

Unanimous voice vote to adjourn to June 13, 2011 at 7:30 p.m.