ATM 5-1-2023 Proceedings

Proceedings at the Annual Town Meeting – May 1, 2023 According to legal notice the voters of the Town of Berlin met at the Berlin Memorial School on Monday, May 1, 2023 at 7:30 p.m. Assistants were James H. Wheeler and Tim Wysocki overseeing the electronic voting system. Mary Wheeler, Debra Towle and Amy Grenier as checkers and Police Chief Eric Schartner and Officer Kevin Pond. Cable television coverage was provided by Brittany Blaney, Roger Bradley of Cable and Neil Tucker of Fitchburg to 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. Attorney Janelle M. Austin of KP Law, PC served as Town Counsel. Barry W. Eager, Moderator, called the meeting to order at 7:33 p.m. There were approximately 183 voters present. There were 2,790 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 moved to adopt the following rule for this Town meeting: Voting by electronic means will replace counted standing votes or votes by show of hands. Electronic votes will also be used in place of secret paper ballot votes. The Moderator shall have the discretion to use electronic voting when he deems it desirable to have a complete, accurate vote count. Voted YES 178 to NO 5 to approve the rule. Select Board Chair R. Scott Hawkins, opening comments to the Annual Town Meeting The Berlin Select Board publicly thanks: Fire Chief Michael McQuillen Police Chief Eric Schartner Highway Superintendent Fred Cummings, And ALL of our Highway & Public Safety Personnel who responded to the series of emergencies that occurred last month. Thank you – each and every day – for all that you do to keep Berlin safe. Regarding the fatal house explosion on April 14th, we express our greatest thanks to very special neighbors on Pleasant Street. These individuals ran directly into the blast zone to locate the sole survivor and lift the shattered house frame off her. Their brave acts allowed Berlin Police Officer Molly Plante to swiftly carry the surviving victim to safety… Just moments before the second and third explosions leveled the structure. To our neighbors on Pleasant Street – AND OFFICER MOLLY PLANTE – The Town of Berlin is forever grateful for your selfless acts. Finally, we remember our cherished friend – Judy Christensen – who lost her life in the disaster. Judy is deeply missed by all. Thank you. Current Fiscal Year 2023 ending June 30, 2023 Article 1. Voted YES 175 NO 6 to transfer $1,000 from Free Cash for the payment of the following unpaid prior years’ expenses for Michael Barry, FY 20 & FY21 Armorer Stipend. The Finance Committee recommended this motion 4-0. Article 2. Voted YES 169 to NO 7 to remove the sunset clauses by which monies must be expended on the following Town Meeting articles ATM FY21 Article 7-1: Town Office Air Handler Replacement, ATM FY21 Article 7-2: Town Office EPDM Roof Replacement; STM FY22, Article 7-1: Town Office Air Handler Replacement (additional funding); STM FY22 Article 7-2 Old Fire Station Roof; STM FY22 Article 7-3 Ambulance Replacing 2009 STM FY22 Article 7-5 Recreation Court Upgrades; ATM FY22 Article 20 Cemetery Paving. The Finance Committee recommended this motion 4 -0. Article 3. Voted YES 181 to NO 10 to transfer $50,000 from Free Cash to replenish FY23 Reserve Fund. The Finance Committee recommended this motion 4-0. Article 4. Voted YES 177 NO 20 to transfer $114,000 in ambulance receipts reserved for appropriation to Article 7 of the November 8, 2021 Special Town Meeting for the purchase and equ ipping of an ambulance to be spent under the direction of the Fire & EMS Chief. The Finance Committee recommended this motion 4 -0. Article 5. Voted YES 154 NO 40 to authorize the Select Board to convey a perpetual historic preservation restriction encumbering the Bullard House and a portion of the Bullard House land located at 4 Woodward Avenue, Berlin, and identified by the Board of Assessors as Parcel 10.3-15-0 to the Commonwealth of Massachusetts, acting by and through the Massachusetts Historical Commission on such terms and conditions, and for such consideration, as the Select Board deems appropriate, said portion of the parcel to include the land around the Bullard House itself, but not the land occupied by other buildings and structures on the site. Meets the 2/3’s vote requirement. Article 6. Voted YES 167 NO 18 to authorize the Select Board, the Board of Assessors and the Town Administrator to negotiate and execute payments in lieu of tax agreements on behalf of the town for all solar and wind-powered energy systems and co-located energy storage systems pursuant to the provisions of Mass. General Laws Chapter 59, Section 5, Clause 45th, and further, to authorize said authorized officer to take such other action as may be necessary to implement such agreements. Article 7. Voted YES 183 NO 15 to authorize the Select Board to enter into a power purchase agreement for the purchase of electricity and/or solar credits, a lease agreement and, pursuant to Mass General Laws Chapter 59, Section 5, Clause 45th, an agreement for payments in lieu of taxes at 112 West St., each for a term of 20 or more years from the date of commencement of commercial operations of the solar energy system, and each on such terms and conditions, and for such consideration, as the Select Board deems in the best interests of the Town; and to authorize the Select Board to lease said property, and to grant such access, utility, and other easements in, on, over and under said property and any continuous Town property as may be necessary or convenient to access, construct, operate, and maintain such solar energy system; and to authorize the Select Board to take all actions necessary in connection therewith and as may be necessary to implement such agreements. Article 8. Voted unanimously to pass over this article. Ongoing discussion over acquisition or disposition of River Run Parcel 6 B. Article 9. Voted YES 188 NO 6 The article as written and to transfer from Free Cash seventeen thousand five hundred and eighty-seven dollars and sixty-seven cents ($17,587.67) to establish initial funding in said account, and further to accept the last paragraph of Massachusetts General Law Chapter 40, Section 5B and dedicate, without further appropriation, all Opioid Settlement receipts received on or after July 1, 2023, to the Opioid Settlement Stabilization Fund. The Finance Committee recommended this motion 4 -0. This was a 96% vote, requirement was 2/3’s. Article 10. Voted YES 153 NO 3 to transfer and reserve unallocated Community Preservation Fund revenues from FY 2022 as written in the warrant. The Finance Committee recommended this motion. 4 -0. Article 11. Voted YES 117 NO 84 to appropriate $45,000 from the Fund Balance Reserved for Open Space for Fiscal Year 2023 for the acquisition of materials and installation of a fence at the Community Garden as written in the warrant. The Finance Committee recommended this motion. 4-0. There was a motion to call the question which shuts off discussion. Voted YES 178 NO 13 UPCOMING FISCAL YEAR 2024 (JULY 1, 2023 – JUNE 30, 2024) Article 12. Voted YES 148 NO 14 to raise and appropriate $1,542,136 to fund items 1 through 45, as recommended by the Finance Committee for FY 2024. 100 General Government 001 114-5110 Moderator – Salary 50 002 114-5700 Expenses 85 003 122-5110 Select Board – Stipend 3,861 004 122-5112 Wages -FT 70,819 005 122-5200 Consulting 20,500 006 122-5700 Expenses 8,508 007 123-5111 Town Administrator – Salary 144,000 008 123-5700 Expenses 3,965 009 131-5700 Finance Committee- Expenses 180 010 132-5781 Reserve Fund 110,000 011 135-5111 Accountant Salary 96,342 012 135-5112 Wages-FT 51,613 013 135-5700 Expenses 10,936 014 136-5700 Audit 20,000 015 141-5110 Assessor- Elected Salary 2,441 016 141-5113 Assistant-PT Salary 78,925 017 141-5114 Wages-PT 69,897 018 141-5700 Expenses 54,567 019 142-5000 Revaluation Expenses 17,300 020 145-5111 Treasurer/Collector-Salary 92,250 021 145-5114 Wages – PT 49,872 022 145-5170 Incentive 1,000 023 145-5700 Expenses 50,756 024 151-5700 Legal – Expenses 75,000 025 152-5700 Personnel – Expenses 250 026 153-5000 Tax Title – Expenses 15,000 027 155-5700 Data Systems – Expenses 103,388 028 161-5110 Town Clerk – Salary 40,000 029 161-5114 Wages-PT 16,692 030 161-5700 Expenses 3,420 031 162-5124 Elections – Wages PT 5,000 032 162-5700 Expenses 5,700 033 163-5113 Registration 100 034 163-5114 Wages – PT 600 035 163-5700 Expenses 150 036 171-5114 Conservation Comm.- Wages PT 12,081 037 171-5700 Conservation Expenses 2,000 038 171-5700 Planning Board – Expenses 1,000 039 176-5700 Zoning Bd. Of Appeals – Exp. 500 040 176-5700 Agricultural Comm.-Expenses 1,375 041 192-5700 Public Buildings- Expenses 111,418 042 102-5701 Repairs (Town owned property) 10,000 043 192-5211 Electricity 80,000 044 192-5212 Fuel Oil 97,010 045 195-5700 Town Report – Expenses 3,585 Total General Government 1,542,136 Article 12. Public Safety. Voted YES 166 NO 20 to raise and appropriate $2,259,989 to fund items 46 through 64, transfer from the Public Safety Special Stabilization Fund $262,297 to item 47 Police Wages -FT and to appropriate from Ambulance Receipts Reserved for Appropriation $100,000 to item 51 Fire & EMS Wages-FT, for the sum total $2,622,286. The Finance Committee recommended this motion for FY2024. Passed with required 2/3’s vote. 200 Public Safety 046 210-5111 Police-Salary 139,052 047 210-5112 Wages FT 922,916 048 210-5114 Wages PT 141,822 049 210-5700 Expenses 118,577 050 221-5111 Fire & EMS – Salary 151,875 051 221-5112 Wages FT 194,917 052 221-5114 Wages PT 350,629 053 221-5700 Expenses 153,964 054 241-5111 Bldg. Insp. – Salary 98,643 055 241-5114 Wages – PT 34,799 056 241-5700 Expenses 26,821 057 242-5700 Plumbing & Gas Insp.-Expenses 300 058 243-5700 Elec. Insp. – Expenses 600 059 249-5113 Animal Insp. – Salary 2,125 060 249-5700 Expenses 500 061 292-5113 Animal Control Officer-Salary 5,760 062 292-5700 Expenses 1,820 063 296-5112 Communications-Wages FT 49,816 064 296-5700 Expenses 227,350 Total Public Safety 2,622,286 Article 12. Public Works/Facilities. Voted YES 175 NO 11 to raise and appropriate $781,448 to fund items 65 through 75, to appropriate from the Transfer Station Sticker and Recycling Offset Receipts Account the sum of $4,615 to item 73 Transfer Station Wages-PT and the sum of $120,000 to item 74 Transfer Station Expenses, and to appropriate the sum of $12,450 from General Cemetery Receipts and the sum of $1,100 from Sale of Lots to item 75 Cemetery Expenses, for the sum total $919,613. The Finance Committee recommended this motion for FY2024. 065 422-5111 Highway-Salary 88,959 066 422-5112 Wages FT 286,897 067 422-5114 Wages PT 25,937 068 422-5700 Expenses 146,680 069 423-5112 Snow & Ice – FT OT 45,567 070 423-5114 Wages PT 11,790 071 423-5700 Expenses 89,600 072 424-5211 Street Lights 9,225 073 433-5114 Transfer Station – Wages PT 44,509 074 433-5700 Expenses 154,390 075 491-5700 Cemetery-Expenses 16,059 Total Public Works 919,613 Article 12. Human Services. Voted YES 170 NO 15 to raise and appropriate $126,958 to fund items 76 through 87 as recommended by the Finance Committee for FY2024. 076 510-5110 Board of Health-Salary 2,004 077 510-5114 Wages PT 6,831 078 510-5700 Expenses 1,000 079 511-5200 Nashoba Health 10,592 080 522-5200 Nashoba Nursing 4,855 081 541-5112 COA/Social Services Wages FT 34,383 082 541-5114 Wages PT 25,248 083 541-5700 Expense 17,341 084 543-5111 Veterans Salary 9,354 085 543-5700 Expenses 350 086 543-5800 Benefits 11,000 087 599-5200 Community Social Services 4,000 Total Human Services 126,958 Article 12. Culture and Recreation. Voted YES 178 NO 14 to raise and appropriate $193,529 to fund items 88 through 94 as recommended by the Finance Committee for FY2024. 088 610-5114 Library-Wages PT 137,864 089 610-5700 Expenses 34,000 090 630-5700 Recreation-Expenses 17,550 091 631-5700 Cultural Council-Expenses 1,500 092 691-5700 Historic Comm.-Expenses 615 093 692-5700 Memorial Day-Expenses 2,000 094 694-5700 Festive Events-Expenses --- Total Culture & Recreation 193,529 Article 12. Debt & Interest Voted YES 159 NO 10 to raise and appropriate $291,175 to fund items 95 and 96 as recommended by the Finance Committee for FY2024. 095 752-5800 Interest 101,175 096 752-5900 Principal 190,000 Total Debt & Interest 291,175 Article 12. Intergovernmental Expenditures. Voted YES 166 NO 15 to raise and appropriate $974 to fund item 97 as recommended by the Finance Committee for FY2024. 097 800-5641 CMRPC 974 Article 12. Intergovernmental Expenditures. Voted YES 166 NO 15 to appropriate from the Affordable Housing Account $7,000 to fund item 98 as recommended by the Finance Committee for FY2024 . 098 840-5700 Assabet Reg. Housing Cons. 7,000 Intergovernmental Expenditures. Voted YES 158 NO 19 to raise and appropriate $771,568 to fund item 99and 100 as recommended by the Finance Committee for FY2024. 099 835-5321 Assabet Assessment 705,398 100 835-5901 Assabet Capital Assessment 66,170 Intergovernmental Expenditures. Voted YES 156 NO 27 to raise and appropriate $3,924,434 and to transfer from Free Cash 382,715 to fund item 101 and to transfer from Free Cash $468,410 to fund item 102 Berlin Memorial Capital Assessment as recommended by the Finance Committee for FY2024 as follows: 101 835-5320 Berlin Memorial Assessment 4,307,149 102 835-5903 Berlin Mem. Capital Assess. 468,410 Intergovernmental Expenditures. Voted YES 149 NO 23 to raise and appropriate $3,649,133 to fund items 103 and 105 and to transfer from Free Cash $211,599 to fund item 104.Tahanto Capital Assessment as recommended by the Finance Committee for FY2024 as follows: 103 835-5322 Tahanto Assessment 3,206,381 104 835-5900 Tahanto Capital Assess. 211,599 105 835-5902 Tahanto Debt Repayment 442,752 Article 12. Misc. Benefits & Insurance Voted YES 144 NO 13 to raise and appropriate $1,672,236 to fund items 106 through 113 as recommended by the Finance Committee for FY2024. 106 911-5200 Worcester Regional Retirement 664,381 107 912-5200 Workers Comp 23,000 108 912-5200 Unemployment Insurance 35,000 109 915-5175 Ch. 32B Ins. (Health & Dental+) 734,825 110 916-5200 Police & Fire Sick & Acc Ins. 25,200 111 919-5190 Sick Pay 40,775 112 920-5170 Medicare 48,000 113 945-5170 Property / Liability Ins. 101,055 Total Misc. Benefits & Ins. 1,672,236 Article 13. Voted YES 142 NO 19 to transfer $911,898 from Free Cash and $880,000 from Public Safety Stabilization to fund the Fiscal Year 2024 Capital Improvement Plan budget for the projects/items, as printed in Article 13 of the warrant for this meeting, recommended by the Capital Pla nning Committee, as listed: as recommended by the Finance Committee for FY2024. # DEPT ITEM AMOUNT SOURCE 1 Berlin Memorial BMS Capital 468,410 Free Cash 2 Tahanto Tahanto Capital 211,599 Free Cash 3 Board of Health Replace retaining wall at Transfer Station 25,000 Free Cash 4 Highway Replace 2013 Mower 10,500 Free Cash 5 Highway Town Offices Façade Repairs & Painting 15,873 Free Cash 6 Highway Town Offices Flooring Replacement 28,000 Free Cash 7 Fire/EMS AED (Defibrillator) Replacement- 6 units 14,898 Free Cash 8 Fire/EMS Personal Protective Equip. (PPE)- 5 sets 36,806 Free Cash 9 Fire/EMS Fire Pumper Engine ($880,000) 880,000 Public. Safety Stabilizatio n 10 Police Replace (2) TriBand Radios 7,144 Free Cash 11 Police Mobile Data Terminal (MDT) Replacement 2 13,505 Free Cash 12 Police Replace 2016 Chief’s Vehicle- Chevy Tahoe 45,163 Free Cash 13 Cable Access Server Replacement 35,000 Free Cash Total 1,791,898 Voted both Berlin Memorial capital plan, Line item 102 for 468,410; Tahanto capital plan Line item 104 for 211,599. The balance which should have been voted of the Capital Plan was 231,889 from Free Cash. Accountant will correct. Article 14. Voted YES 121 NO 2 to appropriate from the Public, Educational, and Government (P.E.G.) Access & Cable Related Fund the sum of $78,640 as a grant to be used for Fiscal Year 2024 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 recommended this motion for FY2024 Article 15. Voted YES 122 NO 2 pursuant to Massachusetts General Law Chapter 44, Chapter 53E ½, to establish a revolving fund for Bucket Truck Expenses and to amend the table under Article XX of the Town of Berlin’s General Bylaws by inserting said revolving funds: Title Source of Receipts and Use of Funds Authority to Expend Spending Limit Bucket Truck Expenses Receipts: Fees for use of regional bucket truck Uses: Expenses associated with opera-ting the bucket truck; maintenance, repairs, fees, gas, permits Highway Department 20,000 The Finance recommended this motion for FY2024 Article 16. Voted YES 117 NO 6 to fix the maximum amount that may be spent during Fiscal Year 2024 beginning on July 1, 2023 for the revolving funds established under Article XX of the Town General By - laws for certain departments, boards, committees or officers in accordance with Massachusetts General Law Chapter 44, Section 53E½, as written in the warrant. The Finance recommended this motion for FY2024 Article 17. Voted YES 108 NO 3 to appropriate from Free Cash the sum of $7,057.75, as required by the Boston Business Services (BBS) Payroll Fraud restitution settlement, to the Massachusetts Interlocal Insurance Agency (MIIA). The Finance recommended this motion for FY2024 Article 18. Voted YES 113 NO 2 to accept MGL Chapter 59, §5, Clause 17E regarding adjusted asset limits as written in the warrant. Article 19. Voted YES 112 NO 4 to adjust income and asset limits set forth in MGL. Chapter 59, §5, Clause 41D. Article 20. Voted YES 110 NO 4 to approve the FY24 Community Preservation Act budget as written in the warrant. The Finance recommended this motion for FY2024 Article 21. Voted YES 92 NO 18 to authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, 6.5 acres of the parcel of land located at 72 Carter Street for open space purposes, the care, custody and control of which shall be held by the Conservation Commission pursuant to F.L. C. 40, §8C, and appropriate and transfer $125,000 from the FY 20233 CPA Budgeted Reserve to fund said acquisition and costs related thereto, and, further, authorize the Select Board to grant or reserve a conservation restriction on said parcel under GL c. 184, §§31-33, as required by GL C. 44B, §12(a), as written in the warrant. Article 22. Voted YES 90 NO 21 to appropriate and transfer $150,000 from the CPA FY23 Budgeted Reserve for the South Common Pavilion project as written in the warrant. The Finance recommended this motion for FY2024 Article 23. Voted YES 87 NO 5 to transfer $307,729 from Free Cash to the General Stabilization account. The Finance recommended this motion for FY2024 Article 24. Voted YES 89 NO 9 to amend the Town of Berlin Zoning District Map as written in the warrant. This was a 90.8% vote meeting the 2/3’s requirement. The Berlin Planning Board held a Public Hearing on April 11, 2023, to consider comments concerning Article 24 on the Annual Town meeting Warrant, to be held on May 1, 2023. At the Planning Board meeting also held on Tuesday April 11, 2023, the Planning Board voted 3 in favor, 0 opposed to Article 24. The Attorney General _______________________________. Article 25. Voted YES 73 NO 23 to accept Gibbs Road as a public way and authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, the fee to and/or public way and other easements and approve Article 25 as written in the warrant. At the Planning Board meeting also held on Monday May 1, 2023, the Planning Board voted 5 in favor, 0 opposed to support Article 25. Article 26. Voted YES 73 NO 20 to accept Pollard Road as a public way and authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, the fee to and/or public way and other easements and approve Article 26 as written in the warrant. At the Planning Board meeting also held on Monday May 1, 2023, the Planning Board voted 5 in favor, 0 opposed to Article 26. Article 27. Voted unanimously to adjourn this meeting to Monday, May 8, 2023 at 12 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 under Article 27, and that following the announcement of the results of the election, this meeting be dissolved. The meeting adjourned at 10:30 PM. Two hundred thirteen (213) registered voters took part in this meeting. There were 2,790 registered voters as of April 21, 2023 Open Voter Registration. Barry W. Eager, Moderator Eloise E. Salls, Town Clerk