ARTICLE

VOTE TAKEN= AT ANNUAL TOWN MEETING HELD MAY 2, 2009

<= /span>The Annual Town Meeting began with a variety of announcements by various town groups and organizations. A s= pecial presentation was made to retiring Advisory Board member Vance Butterfield f= or his many years of service to the Town.&nbs= p; He received a special citation from Representative Lewis Evangelidis.

&nbs= p; The meeting was officially called to order by Moderator John Bowen at 1:20 pm.<= span style=3D'mso-spacerun:yes'> The Constable's return of the Warr= ant was read by Town Clerk Denise MacAloney.&n= bsp; 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 Ha= ll, Board of Health Agent Wibby Swedberg, Tammi Lajoie, Mark and Kathy Ransom, = Greg O'Brien and Doug Richardson.

&= nbsp; An affirmative vote was taken at this time to accept the provisions of MGL Cha= pter 39, Section 15, which allows the Moderator to dispense with a count in matt= ers requiring a two-thirds vote by statute, where the vote is unanimous or clea= rly overwhelming at this Annual Town Meeting.

&= nbsp; Advisory Board Chairman Vance Butterfield gave his board's Annual Report on the Stat= e of the Town.

ZONING/LAND USE ARTICLES

<= /span>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 T= own Meeting. The Annual Town Meet= ing was reconvened at 1:46 p.m.

Motion to postpone Articl= e 1 was defeated at 2:58 pm.

Motion to postpone Articl= e 1 was defeated at 3:53 pm.

ARTICLE 1. &= nbsp; Motion did not carry (to amend the Zo= ning Bylaw of the Town of Westminst= er by adding an appropriately numbered section to create a Mixed-Use Overlay District)

YES-136 NO-205

ARTICLE 2. = ; &n= bsp; 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 are= a of Simplex Drive)

CUSTOMARY ARTICLES

ARTICLE 3. = ; &n= bsp; 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. = ; &n= bsp; Voted pursuant to Chapter 40, section 4 of the General Laws to authorize the Boar= d 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. = ; &n= bsp; Report of the following committee appointed to a= ct on Town affairs was presented:

&nbs= p; &= nbsp; &nbs= p; &= nbsp; Pavement Management Program

A= RTICLE 6. &= nbsp; Voted to authorize the establishment of a Hazardous Materials Recovery Revolving Account as provided for under section 53E1/2 of Chapter 44 of the Massachus= etts 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 purp= ose 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 $12,0= 00.

A= RTICLE 7. &= nbsp; Voted to authorize the establishment of an Agricultural Commission Programs Revol= ving Account as provided for under section 53E1/2 of Chapter 44 of the Massachus= etts 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 activitie= s of the Agricultural Commission may be made; the total amount which may be expe= nded in the current fiscal year for this purpose shall not exceed $10,000.

OPERATIN= G BUDGETS

ARTICLE 8. = ; &n= bsp; Voted to fix the compensation of officers, provi= de for a Reserve Fund, and determine what sums of money the Town will raise and appropriate, including appropriations from available funds, to defray charg= es and expenses of the Town, including debt and interest, for the ensuing fisc= al year as follows:

= &nb= sp; = &nb= sp; = &nb= sp; = AMOUNT APPROPRIATED

Town Moderator=	Salary	$200

Selectmen<= /p>	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<= /p>	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<= /p>	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<= o:p>	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<= /p>	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	5,833,318
	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<= /span>	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<= /o:p>	Expenses	10,000

MART	Salaries	67,475
	Expenses	7,450

Library	Salaries	193,111
	Expenses	118,712

Recreation Department=	Salaries	15,000
	Expenses	16,615

Concerts	Expenses	3,000

Hager Par= k Commission	Expenses	300

Historical Commission=	Expenses	1,600

Memorial Day	Expenses	1,450

Care of Town Clock	Expenses	250

Town Debt Retirement<= /span>	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<= /span>	Expenses	6,500

Other Insurance		261,700

And voted to appropriate the total sum of $17,351,82= 2 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 Ashburnh= am also votes to appropriate it's proportionately assessed share)

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

Transfer $3,000 from the W= etlands Filing Fees Account, with any unused balance from this transfer reverting t= o that account at the end of the fiscal year.

ARTICLE 9. = ; &n= bsp; 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<= /p>
SUBTOTAL= <= /p>	869,616
=	=
Shared Costs=	115,645
TOTAL<= /p>	985,261

Further, that of said sum= s, an appropriation of $869,616 be raised as follows:

&n= bsp; = ; = $231,584 = Retained Earnings

&n= bsp; = ; = $163,032 = General Fund Subsidy

&n= bsp; = ; = $475,000 = From available departmental receipts, investment

earning= s, and other revenues of the Sewer

Enterprise Fund.

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

ARTICLE 10.&nbs= p; = 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= <= /p>

453,474

=

=

Sh= ared Costs

128,415=

TOTAL

581,889

Further, that of said sum= s, an appropriation of $453,474 be raised as follows:

&n= bsp; = ; = $ 17,821 General Fund Subsidy (Tax Levy)

&n= bsp; = ; = $435,653 = From available departmental receipts,

investm= ent earnings, and other revenues

of the = Water Enterprise Fund.

(Note: Shared costs have been appropriate= d in the general fund.)

ARTICLE 11.&nbs= p; = 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

Sh= ared Costs	23,365<= /p>
TOTAL	282,065

Further, that of said sum= s, an appropriation of $258,700 be raised as follows:

$ 13,700 from Retained Earnings

$245,00= 0 = from available departmental receipts, investment earnings, and other revenues of= the Solid Waste Transfer Facility Enterprise.

(Note: Shared costs have been appropriate= d in the general fund.)

CUSTOMARY MONEY ARTICLES

A= RTICLE 12. &= nbsp; Voted to appropriate $500,000 for oiling, sealing, resurfacing, installing draina= ge or otherwise reconstructing town roads, and to meet that appropriation as follows:

&= nbsp; &nbs= p; &= nbsp; Raise and appropriate $250,000

&= nbsp; &nbs= p; &= nbsp; Transfer $250,000 from the General Stabilization Fund

(2/3 vote required)

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

ARTICLE 13.&nbs= p; = 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.&nbs= p; = Voted to raise and appropriate $3,000 for the Westminster Cultural Council.

ARTICLE 15.&nbs= p; = Voted to transfer $9,368 from the balance remaining in Article 5 of the May 2, 20= 06 Special Town Meeting (Tax Possession Auction) for the purpose of paying legal fees, filing fees, court costs, adv= ertising 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.&nbs= p; = 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.&nbs= p; &= nbsp; Voted to appropriate $75,000 from the Capital Equipment and Improvements Stabilization Fund for the purchase of two cruisers and related equipment f= or the Police Department; said appropriation to include the trade-in of two po= lice department vehicles.

(2/3 vote required)

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

NON-RECURRING NON-CAPITAL MONEY ARTIC= LES

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

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

ARTICLE 20.&nbs= p; = 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.&nbs= p; = Voted to transfer $1,500 from the Capital Equipment & Improvements Stabilizat= ion 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.&nbs= p; = Voted to transfer $4,000 from the Capital Equipment & Improvements Stabilizat= ion 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.&nbs= p; = 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.&nbs= p; = Voted to transfer $45,000 from the Capital Equipment & Improvements Stabiliza= tion Fund for the repair and refurbishment of Engine 4, said sum to be spent und= er 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.&nbs= p; = Voted to transfer $165,000 from the Capital Equipment & Improvements Stabiliz= ation 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 du= mp truck.

(2/3 vote required)

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

ARTICLE 26.= &= nbsp; 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, a= ll 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 a= ny other costs or expenses associated therewith. The parcels to be acquired are lis= ted 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 (M= GL Ch 39, Sect 15)

Motion to reconsider Article 26 at 5:52 pm. passed unanimously. Final vote as follows:<= /i>

ARTICLE 26.&nbs= p;             = 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 lis= ted 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.&nbs= p;             = Voted to transfer $37,000 from Sewer Enterprise Retained Earnings for the purchas= e 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.&nbs= p;             = Voted to transfer $19,740 from the Information Technology & Telecommunication= Stabilization Fund for ongoing computer system updates and technology-related items for t= he 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.        &= nbsp;     Voted to transfer $45,000 from the Information Technology & Telecommunication= s 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.&nbs= p;             = Voted to approve the Project Certification application submitted by Wachusett Ani= mal Hospital and Pet Retreat, LLC (WAH) for construction of an animal hospital located on Theodore Drive, Westminster, Massachusetts, within the Westminst= er Business Park Economic Opportunity Area, and to approve the Tax Increment Financing (TIF) agreement negotiated between WAH and the Town, and to autho= rize the Board of Selectmen to execute the TIF agreement and any documents relat= ed thereto to implement the TIF agreement, in accordance with Chapter 23A of the Massachusetts General Laws.

ARTICLE 31.&nbs= p;             = Voted as provided in Massachusetts General Laws Chapter 152, Section 69, to inclu= de such elected or appointed officers of the Town as the Board of Selectmen ma= y, from time to time, designate to be eligible to receive workers’ compensation benefits.

A= RTICLE 32.        &= nbsp;     Voted to adopt the following appropriately numbered general bylaw:

Enforcement of Board of Health Rules a= nd 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 2= 1D. 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 enfo= rced shall be subject to a specific penalty for violation thereof.

A= RTICLE 33.        &= nbsp;     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 1= 4 at the Special Town Meeting held on November 27, 2001 for the construction of sewer extensions in the El= lis 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 Memo= rial Library.

A= RTICLE 34.        &= nbsp;     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

Salaries	90,572
Expenses	263,800
Capital Outlay=	89,102
Reserve Fund	___10,000___
SUBTOTAL= <= /p>	453,474
=	=
Sh= ared Costs	128,415=
TOTAL	581,889