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Certification of Vote Annual Town Meeting – June 8, 2019

 

Certification of Vote - Town of Wendell - Commonwealth of Massachusetts

Annual Town Meeting – June 8, 2019

 

Moderator Kathleen Nolan called the meeting to order at 10:06 P.M. A quorum was present.

ARTICLE 1: To see if the Town will vote to accept the reports of Town Officials as printed in the Town Report, or take any action thereon.

Motion: I move to accept the reports of Town Officials as printed in the Town Report.

2nd; passed unanimously

 

ARTICLE 2: To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectboard, to borrow money from time to time in anticipation of the revenue of the fiscal year beginning July 1, 2019 in accordance with the provisions of the MGL Chapter 44, Section 4, and to issue a note or notes as may be given for a period of less than one year in accordance with MGL Chapter 44, Section 17, or take any action thereon.

Motion: I move the that the Town Treasurer, with the approval of the Selectboard, be authorized to borrow money from time to time in anticipation of the revenue of the fiscal year beginning July 1, 2019 in accordance with the provisions of the MGL Chapter 44, Section 4, and to issue a note or notes as may be given for a period of less than one year in accordance with MGL Chapter 44, Section 17.

2nd; passed unanimously

 

ARTICLE 3: To see if the Town will vote to authorize the Town Treasurer to enter into compensating balance agreements during fiscal year 2020 as permitted by MGL Chapter 44, Section 53F, or take any action thereon.

Motion: I move that the Town Treasurer be authorized to enter into compensating balance agreements during fiscal year 2020 as permitted by MGL Chapter 44, Section 53F.

2nd; passed unanimously

 

ARTICLE 4: To see if the Town will vote to fix the salary, compensation, and expenses of all elected and appointed officials of the Town for the fiscal year beginning July 1, 2019, as provided in MGL Chapter 41, as amended, and to see if the Town will vote to raise and appropriate the sum of $2,822,692 from taxation or such other sum of money as deemed necessary to defray such salaries and expenses for that period, or take any action thereon.

Motion: I move that the Town votes to fix the salary, compensation, and expenses of all elected and appointed officials of the Town for the fiscal year beginning July 1, 2019, as provided in MGL Chapter 41, as amended, and that the Town raise and appropriate the sum of $2,791,884 from taxation to defray such salaries and expenses for that period.

2nd

Motion to rescind and amend the vote on the Tax Collector’s Expenses line item increasing the Budget Requested and FinCom recommended amount from $4,700 to $9,700. This increases the total budget for the Tax Collector from $27,543 to $32,543

2nd; passed unanimously

 

Motion to amend the BOH expenses line item under the category Health and Sanitation by $7,000 decreasing the Budget Requested and Fin Com recommended amount from $9,860 to $2,860. This decreases the total budget for BOH to $17,591 and the Health and Sanitation total to $22,079.

2nd; passed unanimously

 

Motion to amend the Library Operating Budget to increase the Payroll line item to add the COLA for Payroll. This increases the Payroll line item from $40,901 to $41,596 and increases the total Library budget from $59,288 to $59,983.

2nd; passed unanimously

 

The three Motions that carried unanimously modified the GRAND TOTAL of Article 4 changing it from $2,793,189 to $2,791,884. As called by the Moderator, the vote on the amended ARTICLE 4 passed unanimously1.

 

ARTICLE 5: To see if the Town will vote to authorize the School Committee to enter into a five (5) year contract, commencing on July 1, 2019 with F. M. Kuzmeskus to provide school transportation services for the Town, subject to the School Committee’s determination that the contract is in the best interests of the Town and subject annually to Town Meeting approval for funding for these services and/or take any vote or votes in relation thereto.

Motion: I move that the School Committee be authorized to enter into a five (5) year contract, commencing on July 1, 2019 with F. M. Kuzmeskus to provide school transportation services for the Town, subject to the School Committee’s determination that the contract is in the best interests of the
Town and subject annually to Town Meeting approval for funding for these services.

2nd; passed unanimously

 

ARTICLE 6: To see if the Town of Wendell will vote to appropriate, borrow, or transfer from available funds an amount of money to be expended under the direction of the Swift River School Building Committee for the replacement of windows and doors at the Swift River School located at 201 Wendell, Rd., New Salem, MA 01355, for the complete replacement of all exterior windows and doors, which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program and for which the Town has applied for a school construction grant from the Massachusetts School Building Authority (“MSBA”). The Town acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and if the MSBA’s board of Directors votes to invite the Town to collaborate with the MSBA on this proposed repair project, any project costs the Town incurs in excess of any grant that may be approved by and received from the MSBA shall be the sole responsibility of the Town. Motion: I move that the Town of Wendell appropriate the amount of six hundred eighteen thousand, nine hundred ninety three $618,993) Dollars for the purpose of paying costs for the replacement of windows and doors at the Swift River School located at 201 Wendell Rd, New Salem, MA 01355. The project will involve the complete replacement of all exterior windows and doors, including the payment of all costs incidental or related thereto (the “Project”), which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, and for which the Town of Wendell has applied for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of the Swift River School Building Committee. To meet this appropriation the New Salem / Wendell Union School Committee, is authorized to borrow said amount under M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town of Wendell acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and if the MSBA’s Board of Directors votes to invite the Town to collaborate with the MSBA on this proposed repair project, any project costs the Town of Wendell incurs in excess of any grant that may be approved by and received from the MSBA shall be the sole responsibility of the Town of Wendell and that, if invited to collaborate with the MSBA on the proposed repair project, the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town of Wendell and the MSBA. 2nd; passed unanimously

ARTICLE 7: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $5,000 to pay for Wendell’s share of capital projects at Swift River School, or take any action thereon.

Motion: I move to transfer the sum of $5,000 from Stabilization to pay for Wendell’s share of capital projects at Swift River School.

2nd; passed unanimously

 

ARTICLE 8: To see if the Town will vote to authorized revolving fund annual expenditure amounts for Fiscal Year 2020 as shown in the table below, or take any action relative thereto:

Fund

Annual Expenditure Limit

Wiring Inspector

$10,000

Plumbing/Gas Inspector

$10,000

Town Hall Kitchen

$10,000

Recreation Commission

$ 5,000

Motion: I move that the Town authorized revolving fund annual expenditure amounts for Fiscal Year 2020 as follows: Wiring Inspector fund: $10,000; Plumbing/Gas Inspector Fund: $10,000; Town Hall Kitchen Fund: $10,000; Recreation Commission Fund: $5,000. 2nd; passed unanimously

ARTICLE 9: To see if the Town will vote to establish a Broadband Enterprise Fund, in accordance with MGL c. 44, sec. 53 f ½, or take any other action relative thereto. Motion: I move that the Town establishes a Broadband Enterprise fund in accordance with MGL c. 44, sec. 53 f ½. 2nd; passed with a super majority; 1 nay vote.

ARTICLE 10: To see if the Town will vote to establish the Broadband Enterprise Capital Stabilization Fund, in accordance to with M.G.L. c. 40, sec. 5B, or take any action relative thereto. Motion: I move that the Town establishes a Broadband Enterprise Capital Stabilization Fund in accordance with MGL c. 40, section 5B. 2nd; passed with a super majority called by the Moderator; 3 nay votes.

ARTICLE 11: To see if the Town will vote to appropriate the sum of $227,530 for the MLP Enterprise

Fund beginning July 1, 2019 in accordance with the provisions of M.G.L. c.44, sec 53 F ½, amount to be

Funded from the following sources; or take any action relative thereto. Total Revenues

User Fees (Subscriptions) Estimate in year one is 60% of 455 potential subscribers, 265 subscribers, with an MLP fee of $60.93 per Month, monthly ISP/NOC fee of $38.07 for internet, and $20 for VOIP phone, 50% of subscribers opting for Internet only, 50% of subscribers opting for internet and phone, service estimated to begin January 2020.

Estimated Revenues User Fees $203,556 Total $203,556

Budget

Direct

ISP/NOC Internet $63,584

ISP/NOC Phone $15,900

Activation Fee $26,235

Payment Processing $2,385

Routine Maintenance $39,339

Insurance $9,000

General Admin $3,000

Backhaul $7,200

Bond fee for poles $6,000

Pole rental $20,201

POP electricity $1,500

Electronic Depreciation $15,104

Trucks on Retainer $12,000

Lifeline Annual Cost $3,000

CAF-2 Administration Fee $222

Lifeline Subscriber costs $1,560

PURMA dues $1,300

Direct Cost SUBTOTAL $227,530

 

and that $227,530 be raised as follows:

$203,556 from enterprise revenues; $23,974 from EOHED Last Mile Grant Broadband Funds or existing funds Motion: I move the Town appropriate the sum of $227,530 for the MLP Enterprise Fund beginning

July 1, 2019 in accordance with the provisions of MGL c. 44, sec. 53 F 1/2, with the amount to be

funded from the following sources: $203,556 from Enterprise revenues and $23,974 from EOHED

Last Mile Grant Broadband Funds or existing funds.

2nd; passed with a super majority; 1 nay vote.

ARTICLE 12: To see if the Town will vote to raise and appropriate the sum of $65,790 to pay the fiscal year 2020 debt service on the Town Building Construction loan, or take any action thereon.

Motion: I move to raise and appropriate the sum of $65,790 to pay the fiscal year 2020 debt service on the Town Building Construction loan. 2nd; passed unanimously

 

ARTICLE 13: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $11,402 to pay the FY20 debt service on the Mahar Construction loan, or take any action thereon.

Motion: I move to raise and appropriate the sum of $11,402 to pay the FY20 debt service on the Mahar Construction Loan. 2nd; passed unanimously

 

ARTICLE 14: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $15,000 for the Reserve Fund, or take any action thereon.

Motion: I move to transfer the sum of $15,000 from the Stabilization Fund for the Reserve Fund. 2nd; passed unanimously

 

ARTICLE 15: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $6,000 for the Independent Audit expenses, or take any action thereon.

Motion: I move to transfer the sum of $6,000 from the Stabilization fund for Independent Audit expenses. 2nd; passed unanimously

 

ARTICLE 16: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $34,667 for Group Health Insurance, or take any action thereon.

Motion: I move to transfer the sum of $34,667 from the Stabilization Fund for Group Health Insurance. 2nd; passed unanimously

 

ARTICLE 17: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $12,000 for Tax Title Expense, or take any action thereon.

Motion: I move to transfer the sum of $12,000 from the Stabilization Fund for Tax Title Expense.

2nd; passed unanimously

 

ARTICLE 18: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $5,000 to pay for Fire Department turn-out gear, or take any action thereon.

Motion: I move to transfer the sum of $5,000 from the Stabilization Fund for Fire Department turn-out gear.

2nd; passed unanimously

 

ARTICLE 19: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $32,385 to pay the FY20 debt service on the Highway Department dump/sander/plow truck or take any action thereon.

Motion: I move to raise and appropriate the sum of $32,385 to pay the FY20 debt service on the Highway Department dump/sander/plow truck.

2nd; passed unanimously

 

ARTICLE 20: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $11,700 to pay the FY20 debt service on the Broadband Project, or take any action thereon.

Motion: I move to raise and appropriate the sum of $11,700 to pay the FY20 debt service on the Broadband Project.

2nd; passed unanimously

 

ARTICLE 21: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $23,120 to pay the FY20 debt service on the Front End Loader, or take any action thereon.

Motion: I move to raise and appropriate the sum of $23,120 to pay the FY20 debt service on the Front End Loader.

2nd; passed unanimously

 

ARTICLE 22: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $2,500 to pay for Library Director Transition Costs, or take any action thereon.

Motion: I move to transfer the sum of $2,500 from the Stabilization Fund to pay for Library Director Transition costs.

2nd; passed unanimously

 

ARTICLE 23: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $10,000 for Town Building Repairs, or take any action thereon.

Motion: I move to transfer the sum of $10,000 from the Stabilization Fund for Town Building Repairs.

2nd; passed unanimously

 

ARTICLE 24: To see if the Town will vote to transfer the sum of $25,000 from Stabilization and to borrow the sum of $100,000 to pay for new Highway Department Backhoe, or take any action thereon.

Motion: I move to transfer the sum of $25,000 from the Stabilization Fund and to borrow the sum of $100,000 to pay for a new Highway Department Backhoe.

2nd; passed unanimously

 

ARTICLE 25: To see if the town will vote to raise and appropriate or transfer from available funds the sum of $10,441.44 to pay a Library bill of prior year for unpaid holiday pay from FY11—FY18 for the Library Director, or take any action thereon.

Motion: I move to transfer the sum of $10,441.44 from the Stabilization Fund to pay a Library bill of prior year for unpaid holiday pay from FY11—FY18 for the Library Director.

2nd; passed unanimously

 

ARTICLE 26: To see if the Town will vote to apply for, accept, and expend any Federal, State, and private monies, such as Community Development Block Grants, Public Safety Grants, Massachusetts Public Library Construction Funds, etc., or take any action thereon.

Motion: I move that the Town apply for, accept, and expend any Federal, State, and private monies, such as Community Development Block Grants, Public Safety Grants, Massachusetts Public Library Construction Funds, etc.

2nd; passed unanimously

 

ARTICLE 27: To see if the Town will vote to transfer the sum of $200,003 from Free Cash to the Stabilization Fund, or take any action thereon.

Motion: I move that the sum of $200,003 be transferred from Free Cash to the Stabilization Fund.

2nd; passed unanimously

 

ARTICLE 28: To see if the Town will vote to authorize the Selectboard to declare certain items as surplus, and to trade in or sell surplus equipment, or take any action thereon.

Motion: I move that the Town authorize the Selectboard to declare certain items as surplus, and to trade in or sell surplus equipment.

2nd; passed unanimously

 

ARTICLE 29: To see if the Town will vote, pursuant to M.G.L. Chapter 59, Section 5, Clause 41A, to (1) increase the maximum qualifying gross receipts amount (income allowance) for persons applying for a property tax deferral under said clause from the current limit of $20,000, as follows: $27,200 for a single individual who is not the head of household, $34,000 for a head of household, and $40,800 for married couples filing a joint income tax return; and (2) decrease the interest rate on taxes deferred under said clause from the statutory rate of 8% to 5.5%, such limits and interest rate to be effective for the fiscal year starting July 1, 2019; or take any action thereon.

Motion: I move that the Town, pursuant to M.G.L. Chapter 59, Section 5, Clause 41A, (1) increase the maximum qualifying gross receipts amount (income allowance) for persons applying for a property tax deferral under said clause from the current limit of $20,000, as follows: $27,200 for a single individual who is not the head of household, $34,000 for a head of household, and $40,800 for married couples filing a joint income tax return; and (2) decrease the interest rate on taxes deferred under said clause from the statutory rate of 8% to 5.5%, such limits and interest rate to be effective for the fiscal year starting July 1, 2019.

2nd; passed unanimously

 

ARTICLE 30: To see if the Town will vote to authorize the Selectboard to enter into a ten (10) year contract with the option for a five (5) year extension, commencing on July 1, 2020 with the qualified vendor selected by MassDEP through a competitive bid process for recycling processing services for the Town, subject to the Selectboard’s determination that the contract is in the best interests of the Town and subject to Town Meeting approval in the Spring of 2020 for funding for these services and/or take any vote or votes in relation thereto.

Motion: I move that the Town authorize the Selectboard to enter into a ten (10) year contract with the option for a five (5) year extension, commencing on July 1, 2020 with the qualified vendor selected by MassDEP through a competitive bid process for recycling processing services for the Town, subject to the Selectboard’s determination that the contract is in the best interests of the Town and subject to Town Meeting approval in the Spring of 2020 for funding for these services.

2nd; passed unanimously

 

ARTICLE 31: To see if the Town will vote to rescind the following amounts that have been authorized to be borrowed, but which are no longer needed for the purposes for which they were initially approved:

Purpose

Date of Vote

Article Number

= Unissued 6/30/2018

Town Library

07/15/05

5

278,900.00

Town Office

07/13/05

6

217,526.00

Fiske Pond Purchase

09/24/04

9

10,000.00

Town Septic System

09/26/15

3

5,000.00

Repair/Replace/Upgrade Septic

12/16/97

4

200,000.00

Highway Dept Grader

05/28/96

11

13,500.00

Or to take any other action relative thereto. Motion: I move the Town vote to rescind the amounts listed in the Article 31 table as written; these amounts have been authorized to be borrowed, but are no longer needed for the purposes for which they were initially approved. 2nd; passed unanimously

ARTICLE 32: To transact any other legal business that may come before said meeting, or take any action thereon. Motion: I move that the meeting be dissolved. 2nd; passed unanimously

Meeting dissolved at 1:16 PM.

June 8th attendance: 76 out of 696 registered voters (11.0 %)

 

I hereby certify that this document is a true copy of the votes taken at the Annual Town Meeting held at the Town Hall in the Town of Wendell on June 8, 2019. A quorum was present.

 

/Gretchen C. Smith/ Gretchen C. Smith, Town Clerk

1 The practice of allowing budgetary amendments at Town Meeting either to increase or decrease the total budget is fundamental to the voting and deliberation rights of the town meeting and the voters. Ref: MA Superior Court, “School Committee of the Town of Hanson v. Moderator, Mass. Sup. Ct, (Plymouth CA 90-092A)”, Sept 4, 1991.

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