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MINUTES
AUGUST 27, 2007
Town Moderator Robert J. Long called the Special Town Meeting scheduled for August 27, 2007 to order at 7:40 p.m. on August 27, 2007 at the Town Hall Auditorium, 298 Central Street, Saugus, MA, with 36 members, plus the moderator present. A quorum is met.
The Moderator led the meeting in the salute to the Flag.
Town Clerk, Joanne Rappa, called the roll.
F. Ann Devlin, from Precinct 1 will be making motions, as a courtesy this evening, as needed.
Joyce Rodenhiser, from Precinct 1 and Jeffrey Moses, from Precinct 9 were appointed and sworn as tellers.
Moderator Long announced that he heard from Mr. Connors, Mr. Smith, and Mr. Gould who all sent their regrets as they were unable to attend the meeting.
The Moderator explained that we have two warrants this evening. The first warrant that will be taken up is the one with the proposed zoning change on it. Following that, the second warrant will be taken up, that being the one with three articles on it.
Town Moderator Robert J. Long called the Second Special Town Meeting of August 27, 2007 to order at 7:50 p.m.
Article 1. To hear and act on reports of Committees.
Town Meeting Action:
Mr. Robert Palleschi, Chairman of the Finance Committee spoke regarding the Finance Committee recommendations, stating that due to recent developments, there is some money that is now available to be freed up and distributed as requested by the Town Manager. Mr. Palleschi asks for support on the Finance Committee Recommendations.
Article 2.
Ms. Goodwin moves, as a courtesy to the Board of Selectmen, Article 2.
Seconded at 7:55 p.m.
Article as submitted:
Article 2. To see if the Town will vote to accept the following:
I. Compliance With Administrative Consent Order
1. In order to comply with an Administrative Consent Order issued by the Massachusetts Department of Environmental Protection on April 15, 2005, the Town of Saugus must correct deficiencies in its sanitary sewer system. In order to avoid fines levied by the Massachusetts Department of Environmental Protection, the Town of Saugus is required to ensure that no unauthorized connections and private inflow sources to the sanitary sewer system exist, such as roof downspouts, exterior foundation drains, areaway drains, sump pumps, or other sources of surface water or groundwater, as prohibited by Article III. Section 8 of the Town of Saugus Sewer Use
Regulations (the “Prohibited Uses”).
2. All Prohibited Uses in the Town of Saugus must cease on a timeline approved by the Department of Environmental Protection over a ten-year period. The Town of Saugus will notify every property owner with a Prohibited Use on its property 90 days prior to the time when the Prohibited Use must cease.
3. All entities seeking to discharge new flow to the sanitary sewer system must adhere to the Inflow and Infiltration Reduction Program Sewer Connection and Extension Policy, established pursuant to the Administrative Consent Order.
4. This by-law will expire at the time when the Town of Saugus’s commitments pursuant to the Administrative Consent Order are completed.
II. Penalties
1. Any person violating any provision of these by-laws shall be fined in the amount of $50 per violation. Each day that a violation continues shall be considered a new violation.
2. Any person violating any provision of these by-laws shall become liable to the Town of Saugus for any expense, loss, and/or damage occasioned the Town of Saugus by reason of such violation.
III. Validity
1. All prior by-laws or parts of prior by-laws in conflict herewith are hereby repealed.
2. The invalidity of any section, clause, sentence, or provision of this by-law shall not affect the validity of any other part of this by-law which can be given effect without such invalid part or parts. (Board of Selectmen)
Town Meeting Action:
Mr. Peter Rossetti, Chairman of The Board of Selectmen explained that in order to be in compliance with the Administrative Consent Order of April 15, 2005, the Town must amend the by laws to ensure that no water from sump pumps will be going into the sewer system, which must be treated and recycled. The new by law will require rigid tubing rather than flexible tubing in permanent sump pumps. The urgency on this article is due to an upcoming project in the area of the new Lowe’s Store where lines must be capped, and as part of the procedure, they are looking at the sump pumps in the area. Mr. Rossetti stated that if anyone had questions, a representative from CDM was available.
Mrs. Devlin moves to amend Article 2 by inserting this article as Section 703.03 in the Town of Saugus by laws.
Seconded at 7:56 p.m.
Mr. Lee Johnson, 24 Palmetto Street spoke on Article 2. Mr. Johnson stated that he has lived at this address for the past 75 years and until recently, had no problems with water. Unfortunately, due to large developments in Town, and the Town granting permission for builders to build retention ponds, he is now experiencing flooding problems and so are his neighbors. Mr. Johnson stated that retention ponds do not work. and should no longer be allowed. As a former Town Meeting member, Mr. Johnson stated that something has to be done in this town to help the residents with this problem.
Mr. Frederick Moore stated that he was speaking in response to constituents concerns of how the by law would be enforced, as most of these pumps are used on a temporary basis only.
Mr. Rossetti stated that this by law would identify existing pumps only. Those residents who had permanent pumps, already identified, would be informed of the new bylaw, and would be given enough time to comply with it before inspections would be ordered.
Mr. Albert DiNardo, Mr. Frederick Doucette, Town Manager Bisignani, Mr. William Dembro, Mr. Peter Manoogian all spoke on Article 2.
Paul Ross, from CDM, Cambridge, MA, spoke in response to a question regarding minimum requirements from the state regarding sump pumps and retention ponds. Mr. Ross stated that Town could strengthen by law requirements. He also stated that it is not illegal to have a sump pump, it is just illegal to drain into sewerage. Mr. Ross stated that installation of retention ponds are certified by professional engineers and at this time the Town has approximately 1,350 sump pumps.
Mr. Richard Mytkowicz, Mr. Timothy Hawkes, Mr. Frederick Doucette, Mr. Stephen Sweezey, and Mr. Peter Rossetti all continued discussion on Article 2.
Mr. Luongo makes a motion to amend Article 2 by striking out “any person” and inserting “all existing sump pumps”.
Mr. Mytkowicz asked John Vasapolli, Legal Counsel, his opinion on the proposed amendment.
Mr. Vasapolli stated that he did not feel that the amendment was appropriate and suggested that the amendment be withdrawn.
Hearing no objection, the amendment is withdrawn.
John Vasapolli further stated that an Environmental Attorney drafted this by law, and the intention is not to prevent the sump pumps to be used in an emergency situation, but to prevent permanent ones from being drained into the Towns sewer system.
Vote on Mrs. Devlin’s amendment to Article 2 by inserting this article as Section 703.03 in the Town of Saugus by laws.
Yeas: 36 Naes 1 at 8:34 p.m.
Amendment Passes
Article 2. Voted to insert the following as Section 703.03 in the Town of Saugus By Laws:
I. Compliance with Administrative Consent Order
1. In order to comply with an Administrative Consent Order issued by the Massachusetts Department of Environmental Protection on April 15, 2005, the Town of Saugus must correct deficiencies in its sanitary sewer system. In order to avoid fines levied by the Massachusetts Department of Environmental Protection, the Town of Saugus is required to ensure that no unauthorized connections and private inflow sources to the sanitary sewer system exist, such as roof downspouts, exterior foundation drains, areaway drains, sump pumps, or other sources of surface water or groundwater, as prohibited by Article III. Section 8 of the Town of Saugus Sewer Use
Regulations (the “Prohibited Uses”).
2. All Prohibited Uses in the Town of Saugus must cease on a timeline approved by the Department of Environmental Protection over a ten-year period. The Town of Saugus will notify every property owner with a Prohibited Use on its property 90 days prior to the time when the Prohibited Use must cease.
3. All entities seeking to discharge new flow to the sanitary sewer system must adhere to the Inflow and Infiltration Reduction Program Sewer Connection and Extension Policy, established pursuant to the Administrative Consent Order.
4. This by-law will expire at the time when the Town of Saugus’s commitments pursuant to the Administrative Consent Order are completed.
II. Penalties
1. Any person violating any provision of these by-laws shall be fined in the amount of $50 per violation. Each day that a violation continues shall be considered a new violation.
2. Any person violating any provision of these by-laws shall become liable to the Town of Saugus for any expense, loss, and/or damage occasioned the Town of Saugus by reason of such violation.
III. Validity
1. All prior by-laws or parts of prior by-laws in conflict herewith are hereby repealed.
2. The invalidity of any section, clause, sentence, or provision of this by-law shall not affect the validity of any other part of this by-law which can be given effect without such invalid part or parts.
Yeas: 35 Naes: 2 at 8:35 p.m.
Article 2 passes as amended.
Article 3
Mrs. Devlin moves, as a courtesy to the Finance Committee, Article 3.
Seconded at 8:36 p.m.
Article as submitted:
Article 3. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to supplement certain appropriations made under Article 2 of the 2007 Annual Town Meeting. (Town Manager)
Town Meeting Action:
Mr. Peter Manoogian asked to distribute a copy of correspondence sent to the Town of Saugus from the Department of Revenue.
While tellers distributed the material, Mr. Manoogian discussed the article.
Town Manager Andrew Bisignani, Mr. Frederick Doucette, Mr. Robert Palleschi all commented on Article 2.
Dr. Keith Manville, Superintendent of Schools and Ms. Debra Panetta, Chairman of the School Committee both spoke on the article, stating their appreciation to the Town Manager and Finance Committee for recommending the proposed transfer of funds, and explained how the money could be used, as well as how additional funding could be utilized.
Article 3. Voted to appropriate the sum of $992,000 from the FY08 tax levy to be credited to FY08 appropriations as follows:
Account Number |
Department |
Amount |
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0100.0000.945.000000.5745 |
Unemployment Compensation |
$ 175,000.00 |
0100.0000.210.000000.5131 |
Police Department Overtime |
$ 270,000.00 |
0100.0000.220.000000.5131 |
Fire Department Overtime |
$ 220,000.00 |
0100.0000.299.000000.5131 |
Dispatchers Overtime |
$ 30,000.00 |
0100.0000.493.000199.5231 |
Building Maintenance |
$ 50,000.00 |
0100.0000.492.000000.5131 |
Building Maintenance Overtime |
$ 25,000.00 |
0100.0000.161.000000.5128 |
Town Clerk Temporary Help Census |
$ 7,000.00 |
0100.0000.292.000000.5128 |
Canine Control Temporary Help |
$ 5,000.00 |
0100.0000.420.000000.5131 |
Highway Department Overtime |
$ 22,000.00 |
0100.0000.294.000000.5131 |
Forestry Department Overtime |
$ 10,000.00 |
0100.0000.176.000000.5128 |
Board of Appeals Temporary Help |
$ 3,000.00 |
0200 |
School Department |
$ 175,000.00 |
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Yeas: 25 Naes: 12 at 9:15 p.m.
Article 3 passes as recommended by the Finance Committee.
Jeffrey Moses makes a motion to adjourn SINE DIE.
Seconded at 9:16 p.m.
Meeting adjourns SINE DIE at 9:16 p.m.
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