ATM 5-5-2025 Proceedings

PROCEEDINGS AT THE ANNUAL TOWN MEETING – MAY 5, 2025 According to legal notice the voters of the Town of Berlin met at the Berlin Memorial School on Monday May 5, 2025, at 7:30 PM. Assistants were James H. Wheeler, Noel Rosenberg, and Amy Grenier as checkers with new poll pads and Police Chief Eric Schartner and Officer Alex Lima. Cable television coverage was provided by Britany Blaney Anderson, Maxwell Martell, and Roger Bradley and broadcast live on Charter channel 191. It will also be recorded and available a few days later via you tube channel. http://www.townofberlin.com/berlin-tv/. Heather White from Petrini Law served as Town Counsel. Barry W. Eager, Moderator, called the meeting to order at 7:45 PM. There were approximately 400 voters present. There were 3,002 registered voters. The Moderator waived the reading of the articles in the warrant. The Town Clerk then read the call of the meeting and the Constable’s return. The Moderator explained the public safety rules for emergency exits. Next, he demonstrated using the voting instruments (clickers). Some of the voting instruments were not operational, so the meeting started with voice votes. CURRENT FISCAL YEAR ENDS JUNE 30, 2025 Article 1. Moderator declared 4/5ths vote to transfer $103.20 from Free Cash for the payment of the following unpaid prior years’ expenses: Amazon (Police Department, wiper blades, cleaning supplies). The Finance Committee recommended this motion 4-0. Article 2. Unanimously voted to transfer $50,000 from Free Cash to the Conservation Open Space Fund. The Finance Committee recommended this motion 4-0. Article 3. Unanimously voted to transfer $14,775 from Article 21 of the May 2006 Annual Town Meeting to fund all costs associated with interior improvements at the Berlin Public Library. The Finance Committee recommended this motion 4-0. UPCOMING FISCAL YEAR 2026 Article 4. FY26 Operating Budget General Government VOTED To raise and appropriate $1,541,625 to fund items 1 thru 44 as recommended by the Finance Committee for FY 2026. 100 GENERAL GOVERNMENT 1 114-5110 Moderator - Salary $ - 2 114-5700 Expenses $145 3 122-5110 Select Board - Stipend $ - 4 123-5111-0 Town Administrator - Salary $160,000 5 123-5111-1 Admin - FT Salary $73,117 6 123-5200 Consulting $18,000 7 123-5700 Expenses $13,765 8 123-5150 HR Expenses $20,000 9 131-5700 Finance Committee - Expenses $200 10 132-5781 Reserve Fund $90,000 11 135-5111 Accountant - Salary $100,235 12 135-5112 Wages-FT $55,182 13 135-5700 Expenses $10,913 14 136-5700 Audit $21,500 15 141-5110 Assessor - Elected Salary $ - 16 141-5113 Assessor - FT Salary $83,232 17 141-5114 Wages-PT $68,148 18 141-5170 Incentive $1,000 19 141-5700 Expenses $74,961 20 145-5111 Treasurer/Collector - Salary $153,454 21 145-5114 Wages - FT $ - 22 145-5170 Incentive $ - 23 145-5700 Expenses $58,886 24 151-5700 Legal - Expenses $60,000 25 152-5700 Personnel-Expenses $250 26 153-5000 Tax Title - Expenses $7,500 27 155-5700 Data Systems - Expenses $90,000 28 161-5110 Town Clerk-Salary $43,000 29 161-5114 Wages PT $17,366 30 161-5700 Expenses $3,600 31 162-5124 Elections-Wages PT $5,000 32 162-5700 Expenses $9,400 33 163-5113 Registration-Salary $150 34 163-5114 Wages-PT $700 35 163-5700 Expenses $175 36 171-5114 Conservation Com. -Wages PT $16,427 37 171-5700 Conservation Com. -Expenses $2,000 38 175-5700 Planning Board-Expenses $1,000 39 176-5700 ZBA - Expenses $500 40 177-5700 Agricultural Com. -Expenses $1,375 41 192-5700 Public Buildings - Expenses $150,444 42 192-5211 Electricity $70,000 43 192-5212 Fuel Oil $55,000 44 195-5700 Town Report/Comm. - Expenses $5,000 100 Total General Government $1,541,625 Public Safety Voted Moderator declared 2/3 vote, to raise and appropriate $2,630,653 to fund items 45 through 61, transfer from the Public Safety Special Stabilization Fund $262,000 to item 46 Police Wages FT & PT and to appropriate from Ambulance Receipts Reserved for Appropriation $125,000 to item 49 Fire & EMS Wages FT & PT, for the sum total $3,017,653, as recommended by the Finance Committee for FY 2026. 200 Public Safety 45 210-5111 Police-Salary $144,670 46 210-5112/4 Wages FT & PT $1,318,308 47 210-5700 Expenses $132,007 48 221-5111 Fire & EMS- Salary $159,962 49 221-5112/4 Wages FT & PT $633,990 50 221-5700 Expenses $168,544 51 241-5111 Bldg Inspector-Salary $102,629 52 241-5114 Wages PT $31,433 53 241-5700 Expenses $22,511 54 242-5700 Plumbing & Gas Insp - Expenses $300 55 243-5700 Elec Inspector - Expenses $600 56 249-5113 Animal Inspector-Salary $2,550 57 249-5700 Expenses $1,100 58 292-5113 Animal Control Officer - Salary $12,240 59 292-5700 Expenses $2,800 60 296-5112 Communications-Wages FT $53,244 61 296-5700 Expenses $230,765 200 Total Public Safety $3,017,653 Public Works / Facilities Voted unanimously to raise and appropriate $865,815 to fund items 62 through 72, and to appropriate the sum of $10,300 from Cemetery General Receipts reserved for appropriation and the sum of $1,050 from Cemetery Sale of Lots Receipts reserved for appropriation to item 72 C emetery Expenses, for the sum total $877,165 as recommended by the Finance Committee for FY 2026. 400 Public Works/Facilities 62 422-5111 Highway-Salary $94,590 63 422-5112 Wages FT $360,994 64 422-5114 Wages PT $ 22,521 65 422-5700 Expenses $146,680 66 423-5112 Snow & Ice - FT OT $51,642 67 423-5114 Wages PT $15,048 68 423-5700 Expenses $90,200 69 424-5211 Street Lights $4,000 70 433-5114 Transfer Station-Wages PT $48,331 71 433-5700 Expenses $27,100 72 491-5700 Cemetery - Expenses $16,059 400 Total Public Works/Facilities $877,165 Human Services Voted YES 293 NO 76 to raise and appropriate 159,534 to fund items 73 through 84 as recommended by the Finance Committee for FY 2026. Voted 270 YES 108 NO to amend line item 78 COA -Wages PT from $0 to $33,798 and decreasing line 80, COA expenses from $27,841 to $19,189. 500 Human Services 73 510-5110 Board of Health-Salary $- 74 510-5114 Wages PT $7,410 75 510-5700 Expenses $900 76 511-5200 Nashoba Health $12,817 77 522-5200 Nashoba Nursing $5,875 78 541-5112 COA-Wages FT $64,478 79 541-5114 Wages PT $33,798 80 541-5700 Expenses $19,189 81 543-5111 Veterans-Salary $9,732 82 543-5700 Expenses $385 83 543-5800 Benefits $5,000 84 599-5200 Community Social Services $- 500 Total Human Services $159,584 Culture and Recreation Unanimously voted to raise and appropriate $220,775 to fund items 85 -91, as recommended by the Finance Committee for FY 2026. 600 CULTURE AND RECREATION 85 610-5114 Library-Wages PT $139,202 86 610-5700 Expenses $38,040 87 630-5114 Recreation - PT Wages $10,400 88 630-5700 Expenses $29,018 89 631-5700 Cultural Council -Expenses $1,500 90 691-5700 Historic Comm- Expenses $615 91 692-5700 Memorial Day-Expense $2,000 600 TOTAL CULTURE & RECREATION $220,775 Debt & Interest Unanimously voted to raise and appropriate $279,775 to fund items 92and 93 as recommended by the Finance Committee for FY 2026. 700 DEBT & INTEREST 92 752-5800 Interest $89,775 93 752-5900 Principal $190,000 700 TOTAL DEBT & INTEREST $279,775 Intergovernmental Expenditures Unanimously voted to raise and appropriate $1,024 to fund item 94, as recommended by the Finance Committee for FY 2026. 94 800-5641 CMRPC $1,024 Assabet Regional School Assessment Voted to raise and appropriate $858,893 to fund item 96, as recommended by the Finance Committee for FY 2026 as follows: 96 835-5321 Assabet Valley Regional Assessment $858,893 Berlin Boylston Regional School Assessment Voted YES 270 NO 111 to raise and appropriate $8,912,573 and to transfer from $323,002 from Free Cash, for the sum total $9,235,575, to fund item 97 as voted by the Berlin Boylston Regional School Committee for FY 2026. It was voted to call the question. Voted YES 361 NO 19. 97 835-5324 Berlin Boylston Regional School Assessment $9,235,575 Miscellaneous benefits and insurance Unanimously voted to raise and appropriate $1,891,775 to fund items 99 through 105, as recommended by the Finance Committee for FY 2026 900 900 MISC BENEFITS & INSURANCE 99 911-5200 Worcester Regional Retirement $819,280 100 912-5200 Workers Compensation/IOD $55,000 101 913-5200 Unemployment Insurance $20,000 102 915-5175 Chap32B Ins. (Health/Dental,+) $800,000 103 919-5190 Sick Pay $42,422 104 920-5170 Medicare $51,997 105 945-5740 Property/Liability Insurance $103,076 900 TOTAL MISC BENEFITS & INSURANCE $1,891,775 Article 5 A. Capital Improvement Plan Voted to transfer $274,403 from Free Cash to fund the Fiscal Year 2026 Capital Improvement Plan budget for the projects/items as printed in Article 5 of the warrant items 1 through 7. The Finance Committee recommended the three motions under Article 5. # DEPARTMENT Item Amount Source 1 Facilities Municipal Building Sidewalk Repairs $77,000 Free Cash 2 Highway F450 Replacement with Plow (2012) $95,000 Free Cash 3 Highway Mower Vac System Replacement $39,500 Free Cash 4 Library Sidewalk/parking Lot Repairs $14,080 Free Cash 5 Library Retaining Wall Repairs $11,029 Free Cash 6 Library Door Replacement $21,294 Free Cash 7 Cemetery Mower $16,500 Free Cash Subtotal $274,403 5 B Unanimously voted to transfer $450,000 from Ambulance Receipts Reserved to fund the Fiscal Year 2026 Capital Improvement Plan budget for the projects/items as printed in Article 5 of the warrant. The Finance Committee recommended this motion 4-0 item 8. # DEPARTMENT Item Amount Source 8 FIRE/EMS Ambulance (A2) Replacement $450,000 Ambulance Receipts Subtotal $450,000 5 C Unanimously voted to transfer $208,774 from the Public Safety Stabilization account to fund the Fiscal Year 2026 Capital Improvement Plan budget for the projects/items as printed in Article 5 of the warrant items 9-15. # DEPARTMENT Item Amount Source 9 FIRE/EMS Forestry Gear Replacement $26,720 PS Stabilization 10 FIRE/EMS Rescue Tool Replacement $29,000 PS Stabilization 11 FIRE/EMS Lucas (CPR Assist Device) Replacement $20,890 PS Stabilization 12 FIRE/EMS Turnout Gear $25,000 PS Stabilization 13 Police Firearms Upgrade/Replacement $20,000 PS Stabilization 14 Police Communications Upgrade/Replacement $24,164 PS Stabilization 15 Facilities Fire Overhead Doors Replacement $63,000 PS Stabilization Subtotal $208,774 Article 6. Unanimously voted to transfer $50,000 from Free Cash to the Other Post Employment Benefits Stabilization Fund. The Finance Committee recommended this motion. Article 7. Voted to transfer $10,000 from Free Cash to fund an update to the Town of Berlin’s Classification and Compensation Plan. The Finance Committee recommended this motion. Article 8. Unanimously voted to transfer $50,000 from Free Cash to fund unanticipated building, vehicle and equipment maintenance or repairs. The Finance Committee recommended this motion. Article 9. Unanimously voted to amend the table under Article XX of the Town of Berlin’s General Bylaws pursuant to MGL Chapter 44, Section 53E ½ by adding the following: DEPARTMENT Source of Receipts and Use of Funds Authority to Expend Transfer Station Sources: Transfer Station stickers & recycling fees Uses: Expenses associated with operating the Transfer Station including part time wages. Board of Health The Finance Committee recommended this motion. Article 10. Establish Revolving Fund Annual Spending Limits Unanimously voted to set the maximum amount that may be spent during Fiscal Year 2026 beginning on July 1, 2025 for the revolving funds established under Article XX of the Town General Bylaws for certain departments, boards, committees or officers in accordance with Massachusetts General Law Chapter 44, Section 53E ½, as written in Article 10 of the warrant. TITLE SPENDING LIMIT Library Video Fines $1,000 Recreation $50,000 Town Hall $40,000 Plumbing & Gas Inspector Wages $75,000 Electrical Inspector Wages $75,000 Bucket Truck Expenses $20,000 Transfer Station $200,000 Article 11. Unanimously voted to appropriate from the Public, Educational and Government (P.E.G.) Access & Cable Related Fund the sum of $68,010 as a grant to be used for Fiscal Year 2026 operating purposes, in accordance with the P.E.G. Access grant and Massachusetts General Law Chapter 44, Section 53F ¾, said sums to be expended by the Cable Access Committee. The Finance Committee recommended this motion. Article 12. Unanimously voted to approve the FY26 Community Preservation Act budget as described in Article 12 of the warrant. Appropriations from FY2026 estimated revenues: For Committee Administrative Expenses $ 25,863.10 For Budgeted Reserve $336,220.30 Reserves from FY2025 estimated revenues: For Community Housing Reserves $ 51,726.20 For Historic Reserve $ 51,726.20 For Open Space Reserve $ 51,726.20 Article 13. Voted to appropriate the total sum of $30,000 from the FY25 Fund Balance Reserved for Open Space/Rec to provide additional safe parking and access to Horseshoe Pond and the Mt. Pisgah Trail network, said funds to be expended by the Conservation Commission in consultation with the Community Preservation Act Committee. Article 14. Voted to appropriate the total sum of $13,500 from the FY25 Fund Balance Reserved for Historic Preservation for the engagement of a consultant for professional guidance to inform the accessioning and deaccessioning of the Town’s collection of historic clothing and accessories, said funds to be expended by the Historical Commission in consultation with the Community Preservation Act Committee. Article 15. Voted to appropriate the total sum of $10,000 from the FY25 Fund Balance Reserved for Historic Preservation to engage an architect to determine if a new entrance can be established on the front/north side of the building where there is now a cement stairway and to design a gradual stair structure from the sidewalk to the front door, said funds to be expended by the Select Board in consultation with the Community Preservation Act Committee. Electronic voting was resumed. Article 16. Motion failed. YES 45 No 113. (Elected to appointed Town Clerk) Article 17. Voted YES 75 NO 70 to change the position of Constable from elected to appointed by the Select Board. Unanimously voted to call the question. Article 18. Voted YES 78 NO 65. to change the position of Trustee of Trusts from elected to appointed by the Select Board. Article 19. Voted YES 127 NO 17 to authorize the Select Board to petition the General Court of the Commonwealth to change the Berlin Select Board from a three -member to a five-member Board and if that legislation is enabled that it be recorded as a special Chapter in the Town of Berlin’ s Bylaws. Unanimously voted to call the question. Article 20. Motion failed to receive 2/3’s majority (59%). Yes 80 NO 55 (Transfer Legion Hall to Municipal Affordable Housing Trust) Article 21. Earth Removal Bylaw Voted YES 88 NO 17 to repeal Berlin General Bylaw Article XII and Article XIX and replace these articles with a new ARTICLE XII to address earth removal and importation as written in warrant Article 21. Article 22. Protected Accessory Dwelling Unit Bylaw Voted Yes 87 NO 10. to add to the Zoning Bylaw new Section 500 “Protected Use Accessory Dwelling Units” to Article 5; “Supplemental Regulations”, and modify Section 340 “Table of Accessory Use Regulations” as described in Article 22. The Berlin Planning Board held a Public Hearing on April 22, 2025, to consider comments concerning Article 22 on the Annual Town Meeting Warrant, to be held on May 5, 2025. At the Planning Board meeting also held on Tuesday April 22, 2025, the Planning Board voted 4 in favor, 0 opposed to Article 22. Article 23. Voted YES 75 NO 9 to amend the Zoning Bylaws by deleting the current Section 410 Flood Plain District and replacing it with a new Section 410 as described in Article 23. This vote was 89% meeting the 2/3’s requirement. The Berlin Planning Board held a Public Hearing on April 22, 2025 to consider comments concerning Article 23 on the Annual Town Meeting Warrant, to be held on May 5, 2025 The Planning Board voted 4 in favor, 0 opposed to Article 23. Article 24. Unanimously voted to adjourn this meeting to Monday, May 12, 2025 at noon at the Berlin Town Offices, 23 Linden Street, lower level, at which time and place the polls will be open for the election of Town Officers and to act on the questions under Article 24, and that foll owing the announcement of the results of the election, this meeting be dissolved. The meeting adjourned at 11:59 PM. Four Hundred three voters attended this meeting. There were 3,002 registered voters. Barry W. Eager, Moderator Eloise E. Salls, Town Clerk