Voters Pass Medical Marijuana Moratorium, Fingerprint Background Checks

Wilmington residents spent freely at their Annual Town meeting on Saturday, passing an $89.8 million budget and more than a dozen one-time expenditures.

Votrs also approved fingerprint-based criminal background checks and restrictions on medical marijuana distribution centers.

However, the atmosphere of "Yes" stopped at the fence, so to speak, as a fencing bylaw was soundly defeated for the second year in a row.

With no true "hot button" issues on the 39-article warrant, attendance was light, with less than 200 residents filling the seats of the Wilmington Middle School Auditorium. In fact, the meeting began 45 minutes late, as Town Moderator James Stewart waited for a quorum of 150 registered voters to check in.

Once seated, voters were (for the most part) in an agreeable mood, easily passing the $89.8 million budget for Fiscal Year 2014 with a minimum of discussion. The budget includes just over $4 million in debt service, nearly all of which is related to the construction of the new high school. The budget also includes $33.6 million to fund the school department and $41.8 million to fund the rest of town government.

In addition to the budget, voters also passed numerous one-time spending articles, including:

• $156,000 for the purchase of four new police cruisers
• $260,000 for the purchase of a new ambulance
• $50,000 for design costs associated with developing Yentile Farm into a recreational facility.
• $400,000 for removal of two oil-fuled boilers and purchase and installation of two natural gas fueld boilers at the North Intermediate School.
• $185,000 for roofing repairs a the West Intermediate School
• $61,100 to replace fencing at the North Intermediate School.
• $24,000 for a new base communication radio for the Fire Department.
• $166,000 for installation of wireless internet for the town's elementary and intermideiate schools.
• $44,500 for the purchase of 55 Smart Boards for the Wilmington Middle School

Voters also approved spending $673,379 to complete funding the $1.47 million project to replace all the single pane windows with energy efficient windows at the North Intermediate School. Of that total, according to Town Manager Jeff Hull, $337,842 will come from free cash.

Town Meeting voters also approved two key articles pertaining to public safety.

By approving Article 27, voters put in place a 12-month moratorium on the establishment of any medical marijuana distribution center in Wilmington. While the Attorney General has ruled that towns cannot prohibit such facilities, she has stated that towns can place a one-year moratorium in effect in order to have time to craft local zoning bylaws to determine acceptable placements for the facilities.

Medical marijuana was legalized in Massachusetts effective Jan. 1, 2013.

Stewart added a touch of levity to the meeting when he quipped about Article 27, "I'd hoped this would be the last article, so we could end on a 'high' note."

Voters also approved Article 28, which will require fingerprint based criminal background checks for people seeking certain licenses in certain professions in town, including door-to-door sales people, street vendors, managers of places that serve alcohol, owners or operators of taxis and other livery services, dealers of second-hand goods and ice cream truck vendors.

While one resident complained that fingerprinting for certain licenses is "ant-business" and an unnecessary invasion of privacy, Police Chief Ed Begonis said the practice is an effective tool for those who grant licenses in town and not the "slippery slope" some might think.

"A lot of people were concerned that this was another step of 'Big Brother,'" said Begonis. "But this hasn't proven to be the case."

Begonis said it could take a year or more for the state sign off on the article and that it could not take effect until then.

One of the few articles not to meet with voters’ approval was Article 33, which would have established new restrictions and guidelines relative to the erection of fences for commercial and residential properties. The article was brought forth by resident George Lingenfelter, who has voiced his displeasure with a specific fence in his neighborhood.

"A fence built that's not in conformity with the character of the town or is hazardous should not be allowed," said Lingenfelter. "This article will protect citizens from having a structure like this put up near their property."

Lingenfelter has presented the article at past Town Meetings but has yet to be able to garner the support of the Board of Selectmen or voters.

"I hate the blue fence, but I do not support this article," said Selectman Mike Champoux. "If it were approved, when would we stop making laws about what you can and cannot do with your own property."

"It's not a problem that the building inspector or anyone in hall is receiving calls about every day, week or at all really," said Selectman Mike Newhouse. "I don't think it makes any sense for the town to get involved in it. I stand by the decision this body has made for the past two years."

The article was overwhelmingly defeated by voters.

Also, for the second straight year, former Board of Selectmen candidate Kevin MacDonald was ejected from the meeting by Stuart. MacDonald had repeatedly tried to bring up what he believes is misconduct by executives of one of the banks the town does business with, as well as a relationship between the bank and the general contractor on the high school project.

After several warnings to MacDonald during the early part of the meeting to stay on topic and not issue personal attacks, Stewart had MacDonald escorted out of the Wilmington Middle School during the discussion on Article 17.