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ATM - June 13, 2011 - 3rd session
ANNUAL TOWN MEETING

MINUTES

June 13, 2011




Town Moderator, Robert J. Long, called the third session of the 2011 Annual Town Meeting to order on June 13, 2011 at 7:35 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 36 members, plus the moderator present.  




Joseph Palczynski, Jr. and Edward S. W. Boesel were appointed and sworn as tellers.




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, which was followed by a moment of silence for Robert Grande, Town Meeting Member from Precinct 9, who passed away this past weekend. Moderator Long stated that he wished he had more time to spend with Bob, as he was a true gentleman and a dedicated Town Meeting Member who will be sorely missed.




Town Clerk, Joanne Rappa, called the roll.






Atkinson, Ronald


A


Leuci, Janet M.


P


Attubato, Joseph


P


Long, Robert J.


P


Bartolo, Jean M.


P


Lopresti, Anthony J.


A


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.


P


Politano, Kimberly A.


P


Grande, Robert E.





Ring, Darren S.


P


Greene, Michael R.


A


Rodenhiser, Joyce C.


A


Groark, Laura Z.


P


Rossetti, Peter A., Jr.


P


Hansen, John N.


A


Serino, Angelo, Jr.


P


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

















37 members present, a quorum is met.




Moderator Long stated that the next Town Meeting will be scheduled for Monday, June 27th, and therefore, all Town Meeting Members would be available to attend the Saugus Affordable Housing Trust Public Forum scheduled for June 20th at 6 p.m. in the Town Hall Auditorium.  




Tellers passed out the Finance Committee Recommendations while Moderator Long explained that Articles 3, 23, 7, 8, and 19 would be taken up tonight and asked for someone to make a motion to take Article 23 out of order at the appropriate time.




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

Seconded at 7:49 p.m.

Article as written:




Article 3. To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated under Article 2 of the 2010 Annual Town Meeting during the current fiscal year, and determine whether the money shall be provided by transfer from available funds; or to see what other action the Town wishes to take in the matter. (Town Manager)




Mrs. Panetta and Town Manager Andrew Bisignani spoke on the Article.

Article as voted:




Article 3. Voted that the sum of $176,180.00 be transferred from available funds to make supplementary appropriations to be used in conjunction with money appropriated under Article 2 of the 2010 Annual Town Meeting for the current fiscal year. Said changes to be applied as follows:























Department


Account Name


Increase  





 Decrease  























Treasurer





Medicare Taxes


45,000.00  





























Legal





Litigation Costs


30,000.00  





























Veterans





Veterans Benefits


13,400.00  





























Insurance





Unemployment


29,000.00  





























Insurance





Group Health


46,780.00  





























Elections & Registrations


Special Election


12,000.00  


















































Town Manager


Postage











2,500.00  























Administrative Services


Expenses











2,065.00  


Administrative Services


Segregated Expenses








695.00  























Assessors


Map Reproduction








1,000.00  


Assessors


Office Machine Maintenance





1,000.00  























Conservation Commission


Aquatic Control








2,000.00  























Planning Board


Conferences








500.00  


Planning Board


Printing & Reproduction








500.00  


Planning Board


Advertising








500.00  























Police Department


Salaries (Sick Leave Buy Back)





4,000.00  























Fire Department


Segregated Expenses








3,448.00  


Fire Department


Salaries (Sick Leave Buy Back)





19,000.00  


Fire Department


Salaries  











7,000.00  























Electrical Service


Electricity for Public Buildings





5,772.00  


Electrical Service


Street Lights








5,500.00  























Canine





Veterinarian Fees








800.00  


Canine





Animal Disposal








1,100.00  























Health Dept


Professional Services








7,500.00  


Health Dept


Advertising








1,000.00  


Health Dept


Rodent Control








1,000.00  























Recycling





New Truck








7,000.00  


Recycling





Rubbish Disposal








5,000.00  


Recycling





General Supplies








2,500.00  


Recycling





Advertising








2,000.00  























Council on Aging


Salaries











5,000.00  























Handicap Commission


Compliance








10,000.00  























Library





Directors Salary








43,000.00  























Cemetery





Equipment Maintenance








1,000.00  


Cemetery





Tools/Equipment








1,200.00  


Cemetery





General Supplies








1,100.00  























Vitale Park


Building Maint








1,200.00  


Vitale Park


Electrical Maint








800.00  


Vitale Park


Refrigeration Maint








1,500.00  























Building Maintenance


Heat Gas/Oil








5,000.00  























Fair Housing  


Expenses











300.00  























Emergency Management


Expenses











1,000.00  























Engineering


Professional Services


-  





 21,700.00  





















































Total:


176,180.00  





176,180.00  












































Note - Available Funds due to spending freeze in February 2011.





Unanimous Voice Vote at 7:53 p.m.

Article 3 passed as recommended by the Finance Committee.  




Mr. Edward S. W. Boesel moves to take Article 23 Out of Order.

Seconded at 7:54 p.m.

Unanimous Voice Vote to take Article 23 Out of Order at 7:49 p.m.




Mr. Cecere moves, as a courtesy to the Finance Committee, Article 23 as recommended.




Seconded at 7:55 p.m.

Article as written:




Article 23. To see if the Town will vote to increase water rates with all receipts to be held within the Water Enterprise Fund to be used exclusively for water expenses, water maintenance, water debt and interest and water improvement programs, or take any other action relating thereto. (Town Manager)




Mr. Jeffrey Moses makes a substitute motion to fund rates by 8.6%, as recommended by the consultant.




Seconded at 7:57 p.m.

Mr. Peter Manoogian asked to hear from the Finance Committee.




Mr. Kenneth DePatto, Vice Chairman of the Finance Committee, stated that it in light of the recently passed assessment, it was the Committees intent to minimize the increase to taxpayers.




Mr. Manoogian makes a motion to table Article 23.

Seconded at 8:04 p.m.




Yeas: 33 Nays: 13 at 8:04 p.m.

Article 23 is tabled.




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




Seconded at 8:04.5 p.m.

Article as written:




Article 7. To see what sums of money the Town will vote to raise and appropriate for the Water Enterprise Fund for the ensuing fiscal year 2012. (Town Manager)




Mr. Manoogian moves to Table Article 7.

Seconded at 8:05 p.m.




Yeas: 27 Nays: 8 at 8:05 p.m.

Article 7 is tabled.




Mr. Cecere moves as a courtesy to the Finance Committee, Article 8 as recommended.

Seconded at 8:07 p.m.




Article as written:




Article 8. To see what sums of money the Town will vote to raise and appropriate for the Sewer Enterprise Fund for the ensuing fiscal year 2012. (Town Manager)




Article as voted:
































Article 8. Voted to recommend that the following sums be appropriated to operate the Sewer Enterprise Fund.



































Recommended Budget:





















































Salaries





349,514


















































Expenses





934,400


















































O & M Expense





1,450,000


















































Capital Outlay





0


















































Debt & Interest


 


993,670





















































Sub Total


3,727,584


















































Indirect Costs:
























































Benefit Costs





184,108


















































Central Service Depts. Cost


271,189


















































Other Related Cost


20,237


















































 


Sub Total


475,534




















































Total:


 


4,203,118
















































































3,450,000.00 to come from Sewer Enterprise Revenues, 753,118.00 to come from retained earnings


and 475,534.00 to be appropriated in the General Fund and funded from Sewer Enterprise Revenues.





Unanimous voice vote at 8:08 p.m.

Article 8 passed as recommended by the Finance Committee.




Mr. Cecere moves, as a courtesy to the Finance Committee, to indefinitely post pone Article 19.




Seconded at 8:09 p.m.

Article as written:




Article 19. To see if the Town will vote to amend the Town bylaws by adopting a bylaw to establish a fee for curbside rubbish removal and recycling and to take any other action related thereto. (Town Manager)




Mr. Manoogian makes a motion to refer Article 19 back to the Board of Selectmen which reads as follows:




Motion to Refer Article 19 with Instructions




To refer Article 19 to the Board of Selectmen so that the intent of Town Meeting, as voted in 2008 by the Adoption of section 601.01 (D) of the Saugus Town By Laws will be upheld.




Specifically, the Waste Reduction Program approved by the Town Manager establishes a $2.00 fee for a 4th and 5th trash barrel or bag starting on August 1, 2011.




Whereas Section 600.00 “Public Safety” to be 601.02 (D) states that




No fee shall be established for curbside rubbish removal or recycling without the establishment of a by-law establishing such a fee and the enforcement of such a fee. This provision shall not apply to yard waste, heavy items, white goods or household hazardous waste.”




It is therefore the intent and expectation of the Saugus Town Meeting that any fee for the removal of rubbish or solid waste, excluding yard waste, heavy items, white goods, or household hazardous waste, shall be established through by-law proposed by the Saugus Board of Selectmen and as adopted by the Saugus Town Meeting.”

Seconded at 8:10 p.m.




Mr. Manoogian referred to a flyer which was distributed by the Board of Health informing residence of a barrel reduction program. Mr. Manoogian acknowledged that, although he may not be opposed to the idea of encouraging the public to recycle and an option to do so, the Town of Saugus By Law, Section 601.02 (D) specifically states that no fee shall be established without Town Meeting approval. Mr. Manoogian went on to say that the intent of the Board of Health to implement a new sticker program on August 1, 2011, is clearly in contradiction to the Town By-law and therefore, Article 19 should be referred back to the Board of Selectmen so that the intent of the By Law will be upheld.




Mr. Cox, and Mrs. Dever both spoke in support of Mr. Manoogian’s motion and Mrs. Dever asked for a Roll Call Vote on it.




Town Manager Bisignani stated that the Board of Health discussed this issue with Town Counsel Vasapolli, who advised them that this was not in violation of the trash fee by-law.




Ann Devlin stated that she was torn on this motion because she believes there would be a positive result of this program, which would be that more people would increase their recycling. However, she also stated that if this was not being implemented properly, she would vote to have this referred back to the Board of Selectmen so that the proper procedures could be followed.




Selectmen Serino and Horlick both spoke in favor of referral and both stated that they would like to see the Town by-law adhered to; agreeing that this appeared to be a fee and should be implemented through a vote of Town Meeting only.




Mr. Boesel asked Town Counsel Vasapolli for his input, to which Attorney Vasapolli stated that it was his opinion that this was not a fee, but an option for the consumer, created to encourage them to increase recycling.




Mr. DiNardo expressed his dissatisfaction with the process of implementing the program and Ms. Johnson stated that she didn’t see a problem with it, as more recycling would likely be the result; however, she will probably vote for referral so that proper procedures could be followed.




Ms. Janet Leuci questioned as to whether Town Meeting wants to give up control of this issue, noting that Town Meeting voted to govern these fees and asked to please vote for referral so that proper procedure can be followed.




George Moriello stated that if you have to pay for something, it is a fee.  




Mrs. Dever makes a motion to amend Mr. Manoogian’s motion, to include the following at the end of the motion: “It is the Town Meeting’s intent that all fees involving curbside trash removal and recycling will be subject to the bylaw previously voted by Town Meeting.”

Seconded at 8:45 p.m.




Ellen Faiella asked if the motion is passed, would it still be an option for the Board of Health to implement the proposed barrel reduction program.




Town Counsel Vasapolli stated that he would advice the Board of Health not to change their current policy at this time.




A Roll Call Vote was ordered on the amended Manoogian motion of referral to read as follows:




Motion to Refer Article 19 with Instructions




To refer Article 19 to the Board of Selectmen so that the intent of Town Meeting, as voted in 2008 by the Adoption of section 601.01 (D) of the Saugus Town By Laws will be upheld.




Specifically, the Waste Reduction Program approved by the Town Manager establishes a $2.00 fee for a 4th and 5th trash barrel or bag starting on August 1, 2011.




Whereas Section 600.00 “Public Safety” to be 601.02 (D) states that




No fee shall be established for curbside rubbish removal or recycling without the establishment of a by-law establishing such a fee and the enforcement of such a fee. This provision shall not apply to yard waste, heavy items, white goods or household hazardous waste.”




It is therefore the intent and expectation of the Saugus Town Meeting that any fee for the removal of rubbish or solid waste, excluding yard waste, heavy items, white goods, or household hazardous waste, shall be established through by-law proposed by the Saugus Board of Selectmen and as adopted by the Saugus Town Meeting. It is the Town Meeting’s intent that all fees involving curbside trash removal and recycling will be subject to the bylaw previously voted by Town Meeting.






Atkinson, Ronald


A


Leuci, Janet M.


Y


Attubato, Joseph


N


Long, Robert J.





Bartolo, Jean M.


Y


Lopresti, Anthony J.


A


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.


A


Connors, Arthur D., Jr.


A


McLaughlin, Patricia


Y


Cox, Robert J.


Y


Moriello, George T.


Y


Dever, Maureen P.


Y


Moschella, Dennis J.


A


Devlin, F. Ann


Y


Moses, Jeffrey D., Sr.


Y


DiNardo, Albert J.


Y


Nelson, Stephen A.


A


Dockery, Michael


Y


Nicholson, John H.


A


Faiella, Ellen L.


Y


Palczynski, Joseph, Jr.


Y


Falasca, Thomas A.


Y


Panetta, Debra


Y


Gill, Charles F.


Y


Petkewich, Paul M.


Y


Goodwin, Pamela J.


Y


Politano, Kimberly A.


Y


Grande, Robert E.





Ring, Darren S.


Y


Greene, Michael R.


A


Rodenhiser, Joyce C.


A


Groark, Laura Z.


Y


Rossetti, Peter A., Jr.


Y


Hansen, John N.


A


Serino, Angelo, Jr.


Y


Hawkes, Timothy R.


Y


Smith, Rick A.


Y


Hoffman, Robert D.


A


Sullivan, Betty Ann


Y


Johnson, Patricia Anne


Y


Sweezey, Stephen D.


Y


Lawrence, Raymond F.


Y


Vecchio, Matthew J.


A

















Yeas: 35 Nays 1 at 8:49 p.m.

Manoogian motion passed as amended.




Ms Dever withdraws her request for a roll call vote be taken on referral of Article 19.




Mr. Moriello asked if there was any way that Town Meeting could be informed and updated of the Kasabuski Arena situation and lawsuit at the next Meeting, to which Moderator Long responded that he thought it was a good idea to update Town Meeting on the subject.




Mr. Edward S. W. Boesel moves to adjourn the Annual Town Meeting to June 27, 2011 at 7:30 p.m. in the Town Hall Auditorium.

Seconded at 8:56 p.m.

Unanimous Voice Vote to Adjourn to June 27, 2011.