VOTE TAKEN AT ANNUAL TOWN MEETING HELD MAY 2, 2009

The Annual Town Meeting began with a variety of announcements by various town groups and organizations.  A special presentation was made to retiring Advisory Board member Vance Butterfield for his many years of service to the Town.  He received a special citation from Representative Lewis Evangelidis.

The meeting was officially called to order by Moderator John Bowen at 1:20 pm.  The Constable's return of the Warrant was read by Town Clerk Denise MacAloney.  The following non-residents were given permission to address the town meeting when appropriate:  Town Coordinator Karen Murphy, Town Counsel Alan Seewald, DPW Director Joshua Hall, Board of Health Agent Wibby Swedberg, Tammi Lajoie, Mark and Kathy Ransom, Greg O'Brien and Doug Richardson.

An affirmative vote was taken at this time to accept the provisions of MGL Chapter 39, Section 15, which allows the Moderator to dispense with a count in matters requiring a two-thirds vote by statute, where the vote is unanimous or clearly overwhelming at this Annual Town Meeting.

Advisory Board Chairman Vance Butterfield gave his board's Annual Report on the State of the Town.

ZONING/LAND USE ARTICLES

A motion for Article 1 was made and lengthy discussion ensued.  At 1:39 pm. the Annual Meeting was adjourned in order to allow voters to take up the business of the Special Town Meeting.  The Annual Town Meeting was reconvened at 1:46 p.m.

Motion to postpone Article 1 was defeated at 2:58 pm.

Motion to postpone Article 1 was defeated at 3:53 pm.

ARTICLE 1.                Motion did not carry (to amend the Zoning Bylaw of the Town of Westminster by adding an appropriately numbered section to create a Mixed-Use Overlay District)

YES-136  NO-205

ARTICLE 2.                Passed Over (to amend the Zoning Bylaw of the Town of Westminster by amending the “Town of Westminster, MA Zoning Map” adopted on November 27, 2007, by incorporating a new Mixed-Use Commercial Overlay (MUCO) District in the area of Simplex Drive)

CUSTOMARY ARTICLES

ARTICLE 3.                Voted to authorize the Board of Selectmen to enter into a contract with the Massachusetts Highway Department or other appropriate state agency for the construction and maintenance of public highways for the ensuing fiscal year.

ARTICLE 4.                Voted pursuant to Chapter 40, section 4 of the General Laws to authorize the Board of Selectmen to enter into any and all contracts on behalf of the Town for the ensuing fiscal year unless otherwise provided by law, on such terms and conditions as are in the best interest of the Town.

ARTICLE 5.                Report of committees appointed to act on Town affairs:

None

ARTICLE 6.                Voted to authorize the establishment of a Hazardous Materials Recovery Revolving Account as provided for under section 53E1/2 of Chapter 44 of the Massachusetts General Laws, into which account receipts for charges to responsible parties for the disposal of hazardous materials collected pursuant to Chapter 251, section 8 of the Town Bylaws shall be deposited, and to authorize the Fire Chief to expend funds received and deposited into said account for the purpose of paying expenses incurred by the Fire Department for the recovery and disposal of hazardous materials, and that the total amount which may be expended in the current fiscal year for this purpose shall not exceed $12,000.

ARTICLE 7.                Voted to authorize the establishment of an Agricultural Commission Programs Revolving Account as provided for under section 53E1/2 of Chapter 44 of the Massachusetts General Laws, into which account shall be deposited receipts received as payment for all programs and activities of the Agricultural Commission and from which account expenditures reasonably related to the programs and activities of the Agricultural Commission may be made; the total amount which may be expended in the current fiscal year for this purpose shall not exceed $10,000.

OPERATING BUDGETS

ARTICLE 8.                Voted to fix the compensation of officers, provide for a Reserve Fund, and determine what sums of money the Town will raise and appropriate, including appropriations from available funds, to defray charges and expenses of the Town, including debt and interest, for the ensuing fiscal year as follows:

AMOUNT APPROPRIATED

Town Moderator

Salary

$200

Selectmen

Temp Labor Salary

4,000

Stipends

1,800

Expenses

3,600

Lease Copiers

12,000

Visitor Center

10,000

Coordinator

Salaries

107,912

Expenses

800

Advisory Board

Expenses

4,450

Reserve Fund

Expenses

30,000

Accountant

Salaries

67,308

Expenses

21,740

Assessors

Stipends

3,945

Salaries

43,537

Expenses

16,950

Treasurer/Collector

Stipends

1,000

Salaries

96,269

Expenses

12,216

Legal

Expenses

60,000

Personnel Administration

Salaries

49,918

Expenses

6,370

Data Processing

Expenses

55,500

Town Clerk

Stipends

1,175

Salaries

74,569

Expenses

7,365

Elections

Stipends

600

Salaries

3,580

Expenses

8,990

Conservation

Salary

4,690

Expenses

1,430

Town Planner

Salary

49,347

Expenses

2,050

Planning Board

Salary

6,075

Expenses

1,000

Board of Appeals

Expenses

500

Public Property & Buildings

Salaries

91,447

Expenses

233,850

Town Report

Expenses

3,750

Crocker Pond

Salaries

15,965

Expenses

11,600

Police/Dispatch

Salaries

1,366,746

Expenses

213,904

Fire

Salaries

757,852

Expenses

112,144

Ambulance

Salaries

57,869

Expenses

53,705

Building Department

Salaries

152,707

Building Commissioner Stipend

2,750

Expenses

13,895

Animal Control

Salary

13,743

Expenses

11,790

Tree Warden

Salary

2,274

Expenses

20,000

Emergency Planning

Stipend

1,000

Expenses

7,245

K-12 Schools

Foundation State Minimum

5,883,318

Additional Funds

801,973*

Transportation

826,103

Community Service

4,381

Meetinghouse & Overlook Debt

221,228

WES Bond

360,790

Oakmont Bond

341,908

Oakmont Field Bond

78,906

Monty Tech

Foundation State Minimum

375,183

Additional Funds

49,740

Bond

5,446

Highway Administration

Salaries

217,226

Highway Department

Police Detail

10,000

Salaries

469,473

Expenses

247,400

Snow and Ice Control

Salaries

52,000

Expenses

298,100

Street Lighting

Expenses

21,750

Cemetery Department

Salaries

85,431

Expenses

10,890

Health Department

Stipends

3,060

Salaries

97,766

Expenses

5,000

Council on Aging

Salaries

19,028

Expenses

11,400

Veteran’s Services

Salaries

4,810

Expenses

620

Veteran’s Assistance

Expenses

10,000

MART

Salaries

65,475

Expenses

7,450

Library

Salaries

193,111

Expenses

118,712

Recreation Department

Salaries

15,000

Expenses

16,615

Concerts

Expenses

3,000

Hager Park Commission

Expenses

300

Historical Commission

Expenses

1,600

Memorial Day

Expenses

1,450

Care of Town Clock

Expenses

250

Town Debt Retirement

Total Expenses

921,380

Town Debt Interest

Total Expenses

223,180

Regional Planning Council

Expenses

1,948

Retirement and Pensions

Expenses

386,099

Group Health Insurance

Expenses

700,000

Group Life Insurance

Expenses

6,500

Other Insurance

261,700

And voted to appropriate the total sum of $17,351,822 as follows:

Raise and appropriate $17,207,008 (*236,903 of that amount shall not be appropriated unless the town has first voted by ballot at a special election to exempt this expenditure from the provisions of Prop 2 and 1/2 and further provided that the Town of Ashburnham also votes to appropriate it's proportionately assessed share)

Transfer $141,814 from the Ambulance Receipts Reserved Account, with any unused balance from this transfer reverting to that account at the end of the fiscal year.

Transfer $3,000 from the Wetlands Filing Fees Account, with any unused balance from this transfer reverting to that account at the end of the fiscal year.

ARTICLE 9.                Voted to approve the following sums for the operation of the Sewer Enterprise:

Salaries

83,452

Expenses

450,100

Debt Principal

235,000

(Sewer Ext.)

Debt Interest

91,064

(Sewer Ext.)

Reserve Fund

10,000

SUBTOTAL

869,616

Shared Costs

115,645

TOTAL

985,261

Further, that of said sums, an appropriation of $869,616 be raised as follows:

$231,584         Retained Earnings

$163,032         General Fund Subsidy

$475,000         From available departmental receipts, investment

earnings, and other revenues of the Sewer

Enterprise Fund.

(Note: Shared costs have been appropriated in the general fund)

ARTICLE 10.              Voted the following sums be approved for the operation of the Water Enterprise.

Salaries

90,572

Expenses

263,800

Capital Outlay

89,102

Reserve Fund

___10,000___

SUBTOTAL

453,474

Shared Costs

128,415

TOTAL

581,889

Further, that of said sums, an appropriation of $453,474 be raised as follows:

$  17,821         General Fund Subsidy (Tax Levy)

$435,653         From available departmental receipts,

investment earnings, and other revenues

of the Water Enterprise Fund.

(Note:  Shared costs have been appropriated in the general fund.)

ARTICLE 11.              Voted the following sums be approved for the operation of the Solid Waste Transfer Facility Enterprise.

Salaries

Expenses

248,700

Reserve Fund

10,000

SUBTOTAL

258,700

Shared Costs

23,365

TOTAL

282,065

Further, that of said sums, an appropriation of $258,700 be raised as follows:

$  13,700         from Retained Earnings

$245,000         from available departmental receipts, investment earnings, and other revenues of the Solid Waste Transfer Facility Enterprise.

(Note:  Shared costs have been appropriated in the general fund.)

CUSTOMARY MONEY ARTICLES

ARTICLE 12.              Voted to appropriate $500,000 for oiling, sealing, resurfacing, installing drainage or otherwise reconstructing town roads, and to meet that appropriation as follows:

Raise and appropriate $250,000

Transfer $250,000 from the General Stabilization Fund

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

ARTICLE 13.              Voted to raise and appropriate $1,000 for the Conservation Fund as provided for in Section 8C of Chapter 40 of the General Laws.

ARTICLE 14.              Voted to raise and appropriate $3,000 for the Westminster Cultural Council.

ARTICLE 15.              Voted to transfer $9,368 from the balance remaining in Article 5 of the May 2, 2006 Special Town Meeting (Tax Possession Auction) for the purpose of paying legal fees, filing fees, court costs, advertising and other related costs of tax titles through foreclosure, including but not limited to the process of foreclosure through the land of low value method.

ARTICLE 16.              Voted to raise and appropriate $50,000 to fund a portion of the cost of retaining a professional consultant to perform the revaluation of real and personal property in the Town as required under Massachusetts General Laws.

ARTICLE 17.              Voted to appropriate $75,000 from the Capital Equipment and Improvements Stabilization Fund for the purchase of two cruisers and related equipment for the Police Department; said appropriation to include the trade-in of two police department vehicles.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

NON-RECURRING NON-CAPITAL MONEY ARTICLES

ARTICLE 18.              Voted to raise and appropriate $1,000 to provide grant writing services for the Historical Commission.

ARTICLE 19.              Vote to transfer $18,000 from the Wetlands Fees Account to fund the position of Conservation Agent.

ARTICLE 20.              Voted to raise and appropriate $9,000 to provide custodial coverage at the Westminster Elementary and Meetinghouse schools for the youth basketball and preseason baseball programs, said sum to be spent under the direction of the Parks and Recreation Commission.

ARTICLE 21.              Voted to transfer $1,500 from the Capital Equipment & Improvements Stabilization Fund for the purchase of a snow blower for Town maintenance, said sum to be spent under the direction of the Town Coordinator.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

ARTICLE 22.              Voted to transfer $4,000 from the Capital Equipment & Improvements Stabilization Fund to repair the fire pump on Engine 1, said sum to be spent under the direction of the Fire Chief.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

ARTICLE 23.              Voted to raise and appropriate $37,000 to supplement gasoline and building utility expenses for the various town departments; said sum to be spent under the direction of the Town Coordinator.

CAPITAL EXPENDITURES

ARTICLE 24.              Voted to transfer $45,000 from the Capital Equipment & Improvements Stabilization Fund for the repair and refurbishment of Engine 4, said sum to be spent under the direction of the Fire Chief.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

A motion was made, seconded and passed as required in the Town By-Laws to extend the Town Meeting adjournment past 6:00 pm. in order to finish the business on the Town Meeting Warrant.

ARTICLE 25.              Voted to transfer $165,000 from the Capital Equipment & Improvements Stabilization Fund for the purchase of a dump truck with sander and related equipment for the Highway Department; said appropriation to include the trade-in of a 1989 dump truck.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

ARTICLE 26.              Voted a) to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain or otherwise twenty-two temporary construction easements located variously on South Street, Carter Road, Meetinghouse Road, and Leominster Street, one permanent sidewalk easement located on South Street and the fee interest in two parcels located on South Street and on Leominster Street, all for the purpose of relocating, realigning and reconstructing the layout of South Street, and; b) to appropriate by borrowing the sum of $450,000 to pay damages for such acquisitions, for appraisals, for legal expenses and for any other costs or expenses associated therewith.  The parcels to be acquired are listed in the article and shown preliminarily on a set of plans entitled “The Commonwealth of Massachusetts Highway Department Preliminary Right-of-Way Plans, Plan and Profile of South Street in the City of Westminster,” prepared by SEA Consultants Inc.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

Motion to reconsider Article 26 at 5:52 pm. passed unanimously.  Final vote as follows:

ARTICLE 26.              Voted a) to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain or otherwise twenty-two temporary construction easements located variously on Main Street, South Street, Carter Road, Meetinghouse Road, and Leominster Street, one permanent sidewalk easement located on South Street and the fee interest in two parcels located on South Street and on Leominster Street, all for the purpose of relocating, realigning and reconstructing the layout of South Street, and; b) to appropriate by borrowing the sum of $450,000 to pay damages for such acquisitions, for appraisals, for legal expenses and for any other costs or expenses associated therewith.  The parcels to be acquired are listed in the article and shown preliminarily on a set of plans entitled “The Commonwealth of Massachusetts Highway Department Preliminary Right-of-Way Plans, Plan and Profile of South Street in the City of Westminster,” prepared by SEA Consultants Inc.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

ARTICLE 27.              Voted to transfer $37,000 from Sewer Enterprise Retained Earnings for the purchase of a pickup truck and related equipment for the Sewer Department, said appropriation to include the trade-in of a 1997 pickup truck.

ARTICLE 28.              Voted to transfer $19,740 from the Information Technology & Telecommunication Stabilization Fund for ongoing computer system updates and technology-related items for the various town departments; said amount to be expended under the direction of the Town Coordinator.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

ARTICLE 29.              Voted to transfer $45,000 from the Information Technology & Telecommunications Stabilization Fund for the upgrade of the Public Works Department two-way radio system.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

MISCELLANEOUS ARTICLES

ARTICLE 30.              Voted to approve the Project Certification application submitted by Wachusett Animal Hospital and Pet Retreat, LLC (WAH) for construction of an animal hospital located on Theodore Drive, Westminster, Massachusetts, within the Westminster Business Park Economic Opportunity Area, and to approve the Tax Increment Financing (TIF) agreement negotiated between WAH and the Town, and to authorize the Board of Selectmen to execute the TIF agreement and any documents related thereto to implement the TIF agreement, in accordance with Chapter 23A of the Massachusetts General Laws.

ARTICLE 31.              Voted as provided in Massachusetts General Laws Chapter 152, Section 69, to include such elected or appointed officers of the Town as the Board of Selectmen may, from time to time, designate to be eligible to receive workers’ compensation benefits.

ARTICLE 32.              Voted to adopt the following appropriately numbered general bylaw:

Enforcement of Board of Health Rules and Regulations:  The person or persons designated by the Board of Health to enforce any rule or regulation of said Board who takes cognizance of a violation of such rule or regulation, as an alternative to initiating criminal proceedings, may elect to utilize the non-criminal disposition procedure set forth in M.G.L. Chapter 40 Section 21D. The Board of Health shall designate the enforcing person or persons for any rule or regulation to be enforced pursuant to the non-criminal disposition procedure as authorized hereunder, and any rule or regulation to be so enforced shall be subject to a specific penalty for violation thereof.

ARTICLE 33.              Voted to rescind the unissued balances of the following bond authorizations:

1) $1,658,000 for bonds authorized in the amount of $5,173,000 under Article 14 at the Special Town Meeting held on November 27, 2001 for the construction of sewer extensions in the Ellis Road, Wyman Lake, Fenno Drive and Main Street areas

2) $56,884 for bonds authorized in the amount of $400,000 under Article 21 at the Annual Town Meeting on May 3, 2003 for the development of a comprehensive wastewater management plan

3) $670,000 for bonds authorized in the amount of $670,000 under Article 35 at the Annual Town Meeting on May 2, 2006 for building repairs at the Forbush Memorial Library.

ARTICLE 34.              Voted to increase the charge for each written demand issued by the Collector to a fee of $15.00 to be added to and collected as part of the tax, as authorized by Massachusetts General Laws Chapter 60, Section 15, effective as of July 1, 2009.

The meeting was adjourned at 6:39 pm

Respectfully submitted,

Denise L. MacAloney, CMMC/MMC

Town Clerk