Town of Saugus, MA - STM

STM - Oct. 3, 2011

SPECIAL TOWN MEETING

MINUTES

October 3, 2011

Town Moderator, Robert J. Long, called the Special Town Meeting of October 3, 2011 to order at 7:32 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 37 members, plus the moderator present. A quorum is met.

Joyce Rodenhiser and Edward Carlson were appointed and sworn in as tellers.

Patricia Johnson will, as a courtesy, be making motions this evening.

The moderator 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.	A	Maltais, Sean A.	P
Brooks, Wayne C.	P	Manoogian, Peter Z., Sr.	P
Carlson, Edward L.	P	McCarthy, Stephen F.	A
Cecere, Rodney G.	P	McLaughlin, Patricia	P
Connors, Arthur D., Jr.	P	Moriello, George T.	P
Cox, Robert J.	P	Moschella, Dennis J.	P
Dever, Maureen P.	P	Moses, Jeffrey D., Sr.	A
Devlin, F. Ann	P	Nelson, Stephen A.	A
DiNardo, Albert J.	P	Nicholson, John H.	A
Dockery, Michael	P	Palczynski, Joseph, Jr.	P
Faiella, Ellen L.	A	Panetta, Debra	P
Falasca, Thomas A.	P	Petkewich, Paul M.	P
Gill, Charles F.	P	Politano, Kimberly A.	P
Goodwin, Pamela J.	P	Ring, Darren S.	P
Greene, Michael R.	A	Rodenhiser, Joyce C.	P
Groark, Laura Z.	P	Rossetti, Peter A., Jr.	A
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.	A	Vecchio, Matthew J.	A

With 38 members present, a quorum is met.

Article as written:

Article 1. To hear and act on reports of Committees.

No Reports of committees.

Article 2. To see if the Town will authorize the establishment of Round Hill Historic Site in general conformance with the attached plans, to authorize the Town to accept donations of funds for the creation of the site, and to authorize the Town to construct the site and necessary improvements to adjacent roadways and parking areas with Town employees or by contract. (Stephen P. Carlson, Chairman, Historical Commission)

Ms Johnson moves, as a courtesy to the Historical Commission, Article 2.

Seconded at 7:45 p.m.

Article as written:

Mr. Stephen Rich spoke on behalf of the Historical Commission, stating that no public funding will be required for this project, as all money will come from fundraising, grants, etc. Mr. Rich further explained that the site will be ADA compliant, will have seasonal vegetation, minimum illumination during the evenings, hiking trails and the Commission will be applying to have it listed as a National Historical Site. Mr. Rich asked for support on the article.

Article as voted:

Article 2. Voted to authorize the establishment of Round Hill Historic Site in general conformance with the attached plans, to authorize the Town to accept donations of funds for the creation of the site, and to authorize the Town to construct the site and necessary improvements to adjacent roadways and parking areas with Town employees or by contract.

Yeas: 37 Nays: 0 at 7:50 p.m.

Article 2 Passes as written.

Moderator Long distributed the Finance Committee recommendations on Article 3 as well as correspondence to the Board of Health from Atty. Joan E. Langsam.

Mr. Cox moves, as a courtesy to the Finance Committee, to have Article 3 referred back to the Board of Selectmen.

Seconded at 7:54 p.m.

Mrs. Johnson moves, as a courtesy to the Board of Selectmen, Article 3 as written.

Seconded at 7:55 p.m.

Mrs. Dever moves to have Article 3 referred to the next Special Town Meeting.

Seconded at 7:56 p.m.

Article as written:

Article 3. To see if the Town will vote to amend Section 600.00 “Public Safety” paragraph 601.02 D. It is the intent of this article to add language and not to alter the current wording of 601.02 D. Said amendment would be only to add the following to the existing bylaw:

Recycling for residential and non-residential users shall be under the authority and subject to a vote of approval, as described in paragraph 2 below, of the Town Meeting.

Any establishment, change, or implementation of rules and regulations, by-law(s), program(s), policy(s) and/or amendments to the method and/or manner, including but not limited to, amount, type of containers or bags, size, weight, frequency, recycling, and any fee/payment and/or sticker program relative to the collection of solid waste, trash, recycling and as to whether solid waste, trash, recyclables is performed by the Town shall occur after being approved by a majority vote of an Annual or Special Town Meeting. Notwithstanding the Board of Health statutory authority to make reasonable health regulations to protect the health of members of the community and specifically, authority, from time to time, to make rules and regulations for the control of the removal, transportation or disposal of garbage, offal or other offensive substances pursuant to any federal or state statute, rule or regulations, including but not limited to the Code of Massachusetts Regulations, M.G.L. 111, Section 31, 31A, 31B and 122.

The Board of Health, with input from the Town Manager, shall have the duty and responsibility to propose, for said approval, rules and regulations, by-law(s), program(s), policy(s), and/or amendments concerning said solid waste, trash, recycling only after first obtaining a vote of approval of the Board of Health, by a majority or three (3) votes, whichever is greater, after a public hearing is held having had 7 days notice. Notwithstanding the Board of Health statutory authority to make reasonable health regulations to protect the health of members of the community and specifically, authority, from time to time, to make rules and regulations for the control of the removal, transportation or disposal of garbage, offal or other offensive substances pursuant to any federal or state statute, rule or regulations, including but not limited to the Code of Massachusetts Regulations, M.G.L. 111, Section 31, 31A, 31B, and 122.

The Board of Health shall have the responsibility to establish solid waste, trash, recycling goals for the Town and to inform and educate the public on the said goals and approved rules and regulations, by-law(s), program(s), policy(s) and/or amendments. The Board of Health shall have the duty and responsibility to enforce these said approved rules and regulations, by-law(s), program(s), policy(s), and/or amendments.

Any and all solid waste, trash, recycling, contract(s) shall require input from the Board of Health and be negotiated as to comply with the Town’s goals, rules and regulations, by-law(s), program(s), policy(s), and/or amendments that are approved in the manner described in the paragraphs above.

The Board of Health shall meet with any solid waste, trash, recycling, committees of the Town that are in existence or may be formed through actions of the Board of Selectmen, the Moderator, and/or the Town Meeting to receive input for the purposes establishing and furthering the Town’s goal of waste reduction and recycling.

From time to time the Board of Selectmen and the Town Meeting shall sponsor articles for the Town Meeting Warrant establishing, changing, or implementing solid waste, trash, recycling rules and regulations, by-law(s), program(s), policy(s), and/or amendments that seek to further the Town’s goals of waste reduction and recycling, seek any further power and authority that may be necessary and any appropriation that may be required for the carrying out of these goals.

Selectman Michael Serino confirmed that the Selectmen felt an elective body of the town should have authority on this issue, and therefore created the article.

Kenneth DePatto, representing the Finance Committee, noted that the referral to go back to the Board of Selectmen was because there are no financial implications at this time, and the Committee was not comfortable with the wording of the article.

Joseph Vinard, Chairman, Board of Health, stated that it was never the intent of the Board of Health to cause conflict and confusion. However, he asked to work with the creators of the article because the Board felt there were some gray areas that they would like to address. Mr. Vinard asks for referral to the next special or annual town meeting.

Mr. George Moriello spoke in favor of the article. Ms. Johnson asked if the article is to be referred, would it be possible to form a study committee that would meet prior to the next special town meeting. Mr. DiNardo expressed his support of the article.

Mrs. Dever asked to support referral to the next Special Town Meeting, as a courtesy to the Board of Health, who would like the opportunity to have input on the article.

Ms. Panetta asked for Town Counsel’s opinion on the e-mail that was handed out to members and asked for a roll call vote on the main motion and subsequent votes on the article.

Town Counsel, John Vasapolli, read his legal opinion on the article, which was issued in August upon request of Public Health Inspector, Frank Giacalone.

Mr. Manoogian and Mr. Cox expressed their support for the article as written.

Selectman Scott Crabtree supports the article as written, as well as Selectman Stephen Horlick.

The vote came on Referring Article 3 to the next Special Town Meeting.

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

Yeas: 6 Nays 31 at 8:51 p.m.

Article 3 is NOT referred to the next Special Town Meeting.

A vote came on the main motion of the article.

Article as voted:

Article 3. Voted to amend Section 600.00 “Public Safety” paragraph 601.02 D. It is the intent of this article to add language and not to alter the current wording of 601.02 D. Said amendment would be only to add the following to the existing bylaw:

Recycling for residential and non-residential users shall be under the authority and subject to a vote of approval, as described in paragraph 2 below, of the Town Meeting.

Atkinson, Ronald	Y	Leuci, Janet M.	Y
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.	A	Maltais, Sean A.	Y
Brooks, Wayne C.	Y	Manoogian, Peter Z., Sr.	Y
Carlson, Edward L.	Y	McCarthy, Stephen F.	A
Cecere, Rodney G.	Y	McLaughlin, Patricia	Y
Connors, Arthur D., Jr.	Y	Moriello, George T.	Y
Cox, Robert J.	Y	Moschella, Dennis J.	Y
Dever, Maureen P.	Y	Moses, Jeffrey D., Sr.	A
Devlin, F. Ann	Y	Nelson, Stephen A.	A
DiNardo, Albert J.	Y	Nicholson, John H.	A
Dockery, Michael	Y	Palczynski, Joseph, Jr.	Y
Faiella, Ellen L.	A	Panetta, Debra	Y
Falasca, Thomas A.	Y	Petkewich, Paul M.	Y
Gill, Charles F.	Y	Politano, Kimberly A.	Y
Goodwin, Pamela J.	Y	Ring, Darren S.	Y
Greene, Michael R.	A	Rodenhiser, Joyce C.	Y
Groark, Laura Z.	Y	Rossetti, Peter A., Jr.	A
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.	A	Vecchio, Matthew J.	A

Yeas: 37 Nays: 0 at 8:52 p.m.

Article 3 passes as written.

Moderator Long stated that, since this was the last Town Meeting before the upcoming November election, he wanted to thank all members for their dedication during the past two years and wished all members luck in future endeavors.

Mr. Palczynski moves to adjourn Sine die.

Seconded at 8:54 p.m.

Unanimous voice vote to adjourn Sine die.