2026 Special Town Meeting Warrant

1 2026 Special Town Meeting Warrant WORCESTER, SS. To a Constable in the Town of Berlin: GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Berlin qualified to vote in Town Elections and Town Affairs to meet at the Berlin Memorial School Gym, 34 South Street, Berlin, MA on MONDAY, the NINETEENTH OF OCTOBER, 2026 at 6:30 P.M., then and there to act on the following article(s) or in relation thereto, namely: ARTICLE 1 ADJUST FY27 OPERATING BUDGET To see if the Town will vote to raise and appropriate, transfer, or borrow a sum of money to supplement various wage and expense accounts in the Fiscal Year 2027 operating budget of the Town, or take any action relative thereto. (SELECT BOARD) WAGES Item # Account or Purpose Amount Note 1 Town Clerk Salary 161-5110 $10,000 Provides additional funding for the Interim Town Clerk following an unexpected vacancy in the office, allowing the Town to maintain essential Town Clerk services. 2 Administrative Assistant to the Town Administrator 123-5114 $20,000 The responsibilities of the Town Administrator’s Office have grown, bringing an increase in routine administrative work. This funding increases the Administrative Assistant position from 19 to 35 hours per week to better support the day-to-day operations of the office and provide more consistent and timely assistance to residents, departments, boards, and committees. The additional hours will allow more routine administrative tasks to be handled by the Admin. Asst., allowing the TA and ATA to devote more time to broader Town-wide management and oversight responsibilities, including personnel, procurement, projects, grants, and support of Town departments, boards, and committees. The goal is to better distribute the workload, improve responsiveness, and ensure staff time is used efficiently and appropriately. 3 Recreation Coordinator/Highway Administrative Assistant combined position 630-5114 and 422-5114 $4,000 Combines the vacant 10-hour Recreation Coordinator position with Highway administrative duties to create a 19-hour-per- week position. The change is intended to make the Recreation position easier to fill, reduce the administrative burden currently falling on Recreation volunteers, and provide needed administrative support to the Highway Department. 4 Land Use Clerk 241-5114 $10,000 Increases the vacant Land Use Clerk position from 20 to 28 hours per week to provide additional staffed office hours for the public, additional administrative support for the Zoning Board of Appeals and Planning functions, and improve the Town's ability to fill the position. 2 Item # Account or Purpose Amount Note 5 Fire Union Contract 221-5115 $27,000 Provides funds necessary to meet the Town’s obligations under collective bargaining agreements. 6 Snow and Ice Union Contract Overtime 423-5112 $3,000 Provides additional funding for Highway Snow and Ice overtime associated with contractual obligations. Total of Wage Request $74,000 EXPENSES Item # Account or Purpose Amount Note 7 Information Technology Contract 155-5700 $15,000 To appropriate funds to cover increased costs for Data Services - IT 8 Fuel Oil 192-5411 $56,000 To appropriate funds to cover increased costs for heating oil 9 Legal Expenses 151-5200 $35,000 To appropriate funds to cover increased legal costs 10 Gasoline/Diesel 192-5412 $47,000 To appropriate funds to cover increased Gas and Diesel costs Total $153,000 Total of Wages and Expenses $227,000 PROPOSED MOTION I move that the Town vote to raise and appropriate the sum of $227,000 to supplement the wage and expense accounts in the Fiscal Year 2027 operating budget as set forth in the warrant. DESCRIPTION This article proposes to supplement various wage and expense accounts in the Fiscal Year 2027 operating budget. The requested wage funding includes adjustments for the Town Clerk, Administrative Assistant to the Town Administrator, Fire Union contract, and Snow and Ice Union contract overtime accounts. It also includes funding for eight additional hours per week for the Land Use Clerk and funding associated with combining the Recreation Coordinator position, which has remained unfilled, with a new Highway Administrative Assistant position at a total of 19-hours- per-week. The requested expense funding would address anticipated costs for information technology services, heating oil, legal services, gasoline, and diesel fuel. FINANCE COMMITTEE RECOMMENDATION 4.0 on lines 1 and 3-10 and 0:4 on line 2 VOTE REQUIRED FOR PASSAGE Simple Majority ARTICLE 2 LANDFILL CLOSURE COSTS To see if the Town will vote to raise and appropriate, transfer, or borrow a sum of money to fund the compliance determination work necessary for the closure of the Town landfill and compliance with the requirements of the Massachusetts Department of Environmental Protection (MassDEP), with any unexpended or unencumbered balance to be returned to the funding source upon completion of the project, or take any action relative thereto. (BOARD OF HEALTH) 3 PROPOSED MOTION I move that the Town vote to transfer the sum of $62,000 from the Capital Stabilization Fund to pay costs associated with compliance determination work required for the closure and capping of the Town landfill and compliance with the requirements of the Massachusetts Department of Environmental Protection, including all incidental and related costs, with any unexpended or unencumbered balance to be returned to the funding source upon completion of the project. DESCRIPTION This article proposes using Capital Stabilization funds to complete the compliance determination work to facilitate the closure of the landfill and meet the requirements of the MassDEP. The funding will pay for an engineering firm to facilitate the installation of monitoring wells and to work with MassDEP on compliance methods to obtain certification. The next phase of this project will be to hire an engineering company to design the capping of the landfill. FINANCE COMMITTEE RECOMMENDATION 4:0 CAPITAL PLANNING COMMITTEE RECOMMENDATION 4:0 VOTE REQUIRED FOR PASSAGE Simple Majority ARTICLE 3 1870 TOWN HALL SEPTIC SYSTEM AND WOODWARD AVENUE IMPROVEMENTS To see if the Town will vote to raise and appropriate, transfer, or borrow a sum of money to pay costs associated with the design and construction of a septic system serving the 1870 Town Hall and other related work to separate the shared septic system for the 1870 Town Hall and 16 Woodward Ave, including surveying services, improvements to the driveway and the installation of pipes, sleeves, conduits, and other associated infrastructure under Woodward Avenue, and all incidental and related costs, with any unexpended or unencumbered balance to be returned to the funding source upon completion of the project, or take any action relative thereto. (SELECT BOARD) PROPOSED MOTION I move that the Town vote to transfer the sum of $170,000 from the Capital Stabilization Fund to pay costs associated with the design and construction of a septic system serving the 1870 Town Hall and other related work at the property located at 12 and 16 Woodward Avenue, including surveying services, improvements to the driveway and the installation of pipes, sleeves, conduits and other associated infrastructure under Woodward Avenue, and all incidental and related costs, with any unexpended or unencumbered balance to be returned to the funding source upon completion of the project. DESCRIPTION This article proposes using Capital Stabilization funds to construct a septic system serving the 1870 Town Hall. The funding would also pay for necessary driveway work and the installation of pipes, sleeves, conduits, or other infrastructure under Woodward Avenue required to serve the property and complete the project. FINANCE COMMITTEE RECOMMENDATION 4:0 CAPITAL PLANNING COMMITTEE RECOMMENDATION 3:0 VOTE REQUIRED FOR PASSAGE Simple Majority ARTICLE 4 COMPLETE STREETS CONSTRUCTION ADMINISTRATION SERVICES To see if the Town will vote to raise and appropriate, transfer, or borrow a sum of money to pay for construction administration, engineering oversight and other professional services associated with the Town's Complete Streets road and sidewalk improvement project on Carter Street, Central Street and Woodward Avenue, including all incidental and related costs, with any unexpended or unencumbered balance to be returned to the funding source upon completion of the project, or take any action relative thereto. (SELECT BOARD) 4 PROPOSED MOTION I move that the Town vote to transfer the sum of $20,000 from the General Stabilization Fund to pay for construction administration, engineering oversight and other professional services associated with the Town's Complete Streets road and sidewalk improvement project on Carter Street, Central Street, and Woodward Avenue, including all incidental and related costs, with any unexpended or unencumbered balance to be returned to the funding source upon completion of the project. DESCRIPTION The Town received a Complete Streets grant for road and sidewalk improvements in the area of Carter Street, Central Street and Woodward Avenue. This article proposes using stabilization funds to retain professional construction administration services during construction. These services would provide dedicated oversight of the project on the Town's behalf, including observing construction for consistency with the approved plans and specifications, reviewing project documentation and contractor requests, coordinating with the project engineer and contractor, identifying issues as they arise, and assisting with the documentation and resolution of construction-related matters. A project of this scope requires both construction-phase expertise and sufficient time to provide regular oversight while work is underway. Existing Town staff have ongoing responsibilities and may not have the specialized expertise or capacity to provide that level of project oversight in addition to their regular duties. Retaining professional services also establishes a defined scope of responsibility and accountability for the construction-administration work. Because the construction is being undertaken with Complete Streets grant funding, appropriate project documentation and oversight of work against the approved project scope are particularly important. The requested funding would provide the Town with dedicated professional support during construction and help protect both the Town's investment and its grant-funded project. NOTE: If Free cash is available at the time of this Special Town Meeting, it will be used in place of General Stabilization FINANCE COMMITTEE RECOMMENDATION 3:1 CAPITAL PLANNING COMMITTEE RECOMMENDATION 3:0 VOTE REQUIRED FOR PASSAGE Two-thirds Majority ARTICLE 5 TRANSFER UNEXPENDED FUNDS FROM THE REPLACEMENT OF THE BERLIN MEMORIAL SCHOOL ROOF TO OLD FIRE AND EMS BUILDINGS DEMOLITION PROJECT To see if the Town will vote to transfer the sum of $119,040 from the unexpended balance of the appropriation approved under Article 2 of the November 17, 2025 Special Town Meeting for the replacement of the Berlin Memorial School roof to fund the demolition of the Old Fire Station and the old EMS building, including site preparation, hazardous-material assessment and abatement, demolition, removal and disposal of debris, site restoration, and all incidental and related costs, with any unexpended or unencumbered balance to be returned to the Capital Stabilization Fund upon completion of the project, or take any action relative thereto. (SELECT BOARD) PROPOSED MOTION I move that the Town vote to transfer the sum of $119,040 from the unexpended balance of the appropriation approved under Article 2 of the November 17, 2025 Special Town Meeting for the replacement of the Berlin Memorial School roof to fund the demolition of the Old Fire Station and the old EMS building, including site preparation, hazardous-material assessment and abatement, demolition, removal and disposal of debris, site restoration, and all incidental and related costs, with any unexpended or unencumbered balance to be returned to the Capital Stabilization Fund upon completion of the project. 5 DESCRIPTION This article proposes transferring $119,040 remaining from the completed Berlin Memorial School roof replacement project to fund the demolition of the Old Fire Station and the old EMS building. The Town Accountant has confirmed that these funds are unencumbered and no longer required for the school roof project. The funding would be used for demolition and related work, including hazardous-material assessment and abatement, removal and disposal of demolition debris, and restoration of the sites. FINANCE COMMITTEE RECOMMENDATION 4:0 CAPITAL PLANNING COMMITTEE RECOMMENDATION 3:0 VOTE REQUIRED FOR PASSAGE Simple Majority ARTICLE 6 TRANSFER UNEXPENDED SOUTH COMMONS COURTS PAVING FUNDS TO BUILDING DEMOLITION PROJECT To see if the Town will vote to transfer the sum of $50,000 from the unexpended balance of the appropriation approved under Article 9-1 of the May 6, 2024 Annual Town Meeting for the paving project at the courts at South Commons to fund the demolition of the Old Fire Station and the old EMS building, including site preparation, hazardous-material assessment and abatement, demolition, removal and disposal of debris, site restoration, and all incidental and related free cash original funding source upon completion of the project. (SELECT BOARD) PROPOSED MOTION I move that the Town vote to transfer the sum of $50,000 from the unexpended balance of the appropriation approved under Article 9-1 of the May 6, 2024 Annual Town Meeting for the paving project at the courts at South Commons to fund the demolition of the Old Fire Station and the old EMS building, including site preparation, hazardous-material assessment and abatement, demolition, removal and disposal of debris, site restoration, and all incidental and related costs, with any unexpended or unencumbered balance to be returned to free cash upon completion of the project. DESCRIPTION This article proposes transferring $50,000 remaining from the paving project at the courts at South Commons to fund the demolition of the Old Fire Station and the old EMS building. The Town Accountant has confirmed that these funds are unencumbered and no longer required for the South Commons project. The funding would be used for demolition and related work, including hazardous-material assessment and abatement, removal and disposal of demolition debris, and restoration of the sites. FINANCE COMMITTEE RECOMMENDATION 4:0 CAPITAL PLANNING COMMITTEE RECOMMENDATION 3:0 VOTE REQUIRED FOR PASSAGE Simple Majority ARTICLE 7 CHANGE TOWN CLERK FROM ELECTED TO APPOINTED To see if the Town will vote, pursuant to Massachusetts General Laws Chapter 41, Section 1B, to change the office of Town Clerk from an elected office to an appointed office, with appointment to be made by the Select Board as provided by law, subject to acceptance by the voters of the Town at the Annual Town Election, or take any other action relative thereto. (SELECT BOARD) PROPOSED MOTION I move that the Town vote, pursuant to M.G.L. c. 41, Section 1B, to change the position of Town Clerk from elected to appointed by the Select Board, provided the incumbent shall continue to hold the office and perform the duties thereof until the expiration of the term for which they were elected or until they otherwise vacate the office. 6 DESCRIPTION This article would change the position of Town Clerk from an elected office to a position appointed by the Select Board. The Town Clerk is a working municipal position with significant statutory responsibilities, including administration of elections and voter registration, maintenance of vital and municipal records, public records functions, and other duties established by state law. The position is currently being filled on an interim basis following an unexpected vacancy that occurred during the transition to a newly elected Town Clerk. That experience highlighted the challenges of maintaining continuity in a specialized, full -time municipal position that must be filled through the electoral process. Appointment would allow the Town to recruit a qualified candidate based on relevant experience, training, and professional qualifications and provide a more direct process for filling future vacancies. The change would not shorten the term of an incumbent Town Clerk. Under M.G.L. c. 41, §1B, approval by Town Meeting must also be accepted by the voters at the Annual Town Election before the position becomes appointed. VOTE REQUIRED FOR PASSAGE Simple Majority ARTICLE 8 AMEND DEMOLITION DELAY BYLAW To see if the Town will vote to amend Article XIV, Demolition Delay, of the Town of Berlin General Bylaws, Section 2, entitled “Definitions”, and Section 3, entitled “Procedure” paragraph ”c”, with additions thereto shown as bold, italicized text and with deletions therefrom shown as bold and stricken-through, as follows: Significant building - any building which is historical by reason of its age (in whole or in part fifty (50) one hundred (100) or more years) and is determined by the Commission to be either (1) associated with a person or event contributing to the cultural, political, economic, social or architectural history of the town, Commonwealth, or the United States of America; or (2) historically or architecturally important (in terms of period, style, construction, or association with an architect or builder), either by itself or in the context of a group of buildings. Procedure, Paragraph c) - If the demolition permit application is for a building which is fifty one hundred (100) or more years old, the building’s historical significance will be determined by the Commission within fourteen (14) days of the Commission’s receipt of the application. The Commission will notify the Building Inspector, Town Clerk and applicant in writing of this initial determination. If the building is not determined to be significant, the Building Inspector may issue a permit to demolish in accordance with all applicable procedures. Or take any other action relative thereto. PROPOSED MOTION I move that the Town vote to amend Article XIV, Demolition Delay, of the Town of Berlin General Bylaws as follows: (1) in Section 2, Definitions, under 'Significant building,' delete the words and figures 'fifty (50)' and insert in their place the words and figures 'one hundred (100)'; and (2) in Section 3(c), delete the words 'fifty or more years old' and insert in their place the words and figures 'one hundred (100) or more years old’. DESCRIPTION The Demolition Delay Bylaw currently applies its initial historical review process to buildings that are at least 50 years old. This amendment would change that threshold to 100 years. Buildings less than 100 years old would no longer be reviewed solely because of their age under this bylaw. Any bylaw amendment remains subject to review and approval by the Massachusetts Attorney General. VOTE REQUIRED FOR PASSAGE Simple Majority 7 ARTICLE 9 SIXTH MODIFICATION OF RIVERBRIDGE DEVELOPMENT AGREEMENT To see if the Town will vote to approve the Sixth Modification of the Riverbridge Development Agreement to extend its term until December 31, 2028 and to agree to amend the existing Conservation Restriction on Lot 6 by altering its boundaries and amending the use of water from the wells on the property; and further to authorize the Select Board to file a petition with the Massachusetts General Court to seek authorization to amend the Lot 6 Conservation Restriction recorded in the Worcester Registry of Deeds at Book 41978, Page 384 by removing a portion of the restricted area and replacing it with another portion of Lot 6; and further to authorize the Select Board and Conservation Commission to enter into all agreements and take all related actions necessary or appropriate to carry out the purposes of this article; or take any action relative thereto (SELECT BOARD). PROPOSED MOTION I move to approve the Sixth Modification of the Riverbridge Development Agreement, and authorize the Select Board to file a petition with the Massachusetts General Court to seek authorization to amend the Conservation Restriction on Lot 6, and to authorize the Select Board and Conservation Commission to enter into agreements and take related actions as written in the warrant. DESCRIPTION The sixth modification to the Riverbridge Development Agreement proposes the following: • Extend the agreement until December 31, 2028; and • The parties will cooperate to amend the existing Conservation Restriction to alter its boundaries by removing a portion of the area where Boundless Adventures is located and replacing such area with an additional portion of Lot 6, and to amend the use of water from the wells. VOTE REQUIRED FOR PASSAGE 2/3rds Majority ARTICLE 10 PURCHASE ALS CARDIAC MONITOR To see if the Town will vote to appropriate from the Public Safety Stabilization Fund the sum of $66,852.07 to purchase and equip a second Advanced Life Support cardiac monitor for the Town’s second ambulance, including all accessories, software, warranties, training, installation, and related costs, with any unexpended or unencumbered balance to be returned to the original funding source upon completion of the project, or take any action relative thereto. (FIRE & EMS DEPARTMENT) PROPOSED MOTION I move that the Town vote to appropriate the sum of $66,852.07 from the Public Safety Stabilization Fund to purchase and equip a second Advanced Life Support cardiac monitor for the Town’s second ambulance, including all accessories, software, warranties, training, installation and related costs, with any unexpended or unencumbered balance to be returned to the original funding source upon completion of the project. DESCRIPTION This article would fund the purchase of a second Advanced Life Support cardiac monitor to fully equip the Town’s second ambulance. As the Fire and EMS Department transitions to providing higher-level ALS care, both front-line ambulances must carry comparable equipment to meet applicable standards and respond effectively when simultaneous emergencies occur. A cardiac monitor is an essential diagnostic and treatment tool for Paramedics and Advanced EMTs. In addition to monitoring cardiac rhythms, the equipment provides real-time information such as blood pressure, blood oxygen saturation, and end-tidal carbon dioxide levels. These functions assist emergency personnel with critical treatment decisions, confirmation of advanced airway placement, and evaluation of 8 chest-compression effectiveness during CPR. Approval of this article would ensure that both ambulances are equipped to provide advanced cardiac care. FINANCE COMMITTEE RECOMMENDATION 4:0 CAPITAL PLANNING COMMITTEE RECOMMENDATION 4:0 VOTE REQUIRED FOR PASSAGE: Simple Majority **This warrant contains proposed motions at the time of printing to assist the public in understanding the articles. Proposed motions are subject to change.*** 9 And you are directed to serve this Warrant, by posting up attested copies thereof as per vote of the Town in said Town, fourteen (14) days at least before the time of holding said meeting. Given under our hands this 30th day of September, 2026. BERLIN SELECT BOARD ________________________________ Lisa J. Wysocki, Chair ________________________________ Carolyn MacDonald, Vice-Chair ________________________________ Margaret Stone, Clerk Pursuant to the within warrant, I have notified and warned the inhabitants of the Town of Berlin by posting up attested copies thereof at the Town Hall, the Town Offices, and the Post Office at least seven (7) days before the time of holding said election, as within directed. ____________________________________ ________________________, 2026. Kevin Pond, Constable (month and day)