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$5M For Sutton Brook Cleanup, Free Cash Expenditures, Land Transfer Top STM Warrant Items

Oct 02, 2015 01:28PM ● Published by Bill Gilman

This is a map of the land referenced in Article 15 of the Special Town Meeting Warrant.

Voters will be asked to decide on several million dollars in expenditures, as well as a land transfer related to the proposed Tennessee Gas pipeline project when they gather for Tuesday's Special Town Meeting at Tewksbury High School.
The meeting is scheduled to begin at 7 p.m.
Attached to this article, in printable PDF format, is the complete Special Town Meeting Warrant.
Below, you will find a matrix with a description of each article, who sponsored the article, the required vote needed to pass and the recommendations of the Board of Selectmen, Finance Committee and, in some cases, the School Committee.
The highest price tag item on the warrant is Article 13, which calls for borrowing $5 million to pay for the capping and remediation of the Sutton Brook (Rocco's Dump) Landfill. The Federal Government is currently in the process of cleaning up and capping the site. The $5 million represents the town's portion of the cost , in accordance with a 2009 agreement.
Article 1 calls for the appropriation of $1,137,871 to fund several Fiscal Year 2016 Budget items. These include close to $700,000 for the School Department for salaries, operating budget, capital outlay and health insurance. The funding will come from an increase in 2016 State Aid.
Article 5 has been a long time coming. It calls for appropriating $220,000 from certified free cash for the purchase of a new backhoe and the destruction and cleanup of the old Police Station on Main Street. the project includes the removal of hazardous materials.
In Article 10, Town Manager Richard Montuori will be asking voters to place just over $1.6 million from certified free cash into the town's Stabilization Fund.
Article 15 has a direct impact on Montuori, as well as all future town managers. The Board of Selectmen is asking voters to give them permission to pursue a Home Rule Petition which would eliminate the requirement that Tewksbury town managers live within 10 miles of the town borders.
On the surface, Article 17 appears to be benign, transferring control of a parcel of land to the Conservation Commission. The land, which is off Bonnie Lane and abuts the Andover border, has been identified as a Rare Species Habitat. 
According to the Executive Summary on the warrant, "The purpose of this article is to more specifically place the above mentioned parcel under control of the Tewksbury Conservation Commission and have this parcel protected in perpetuity under Article 97."  In practical terms, the article strengthens and clarifies the language of an article originally passed by town voters in 2004.
The reason this article is being brought forward now and the reason for its significance is that the proposed path of the Tennessee Gas Pipeline project, opposed by town officials and many residents, runs through a portion of that land. Approval of the article would likely force project planners to re-think their route.
Here is a breakdown of the warrant, as provided by Town Moderator Jerry Selissen:

Article

Description

Sponsor

Comments

Required Vote

Recommendations





1

 To see if the Town will vote to raise and appropriate the sum of $1,137,871 to fund the following Fiscal Year (FY2016) Budgets; or take any action relative thereto. (see list in Town Warrant)

Town Manager


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt

School Committee-Adopt

2

To see if the Town will vote to raise and appropriate $117,000 to fund and implement the Collective Bargaining Agreement between the Town and the International Association of Firefighters AFL-CIO, Tewksbury Firefighters Local 1647 beginning July 1, 2015; or take any action relative thereto

Town Manager


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt

3

To see if the Town will vote to raise and appropriate the sum $30,214.54 to Fiscal Year 2015 budgets in order to pay for the following outstanding bills from the previous year; or take any action relative thereto.

(see list in Town Warrant)

Town Manager


9/10 at Special TM.

Board of Selectmen-Adopt

Finance Committee-Adopt

School Committee-Adopt


4

To see if the Town will vote to transfer the sum of $65,000 from Water Enterprise Fund Retained Earnings and $65,000 from Sewer Retained Earnings to purchase a Ford 550 Utility Truck w/crane and box; or take any action relative thereto.

Town Manager


Majority


Board of Selectmen-Adopt

Finance Committee-Adopt

5

To see if the Town will vote to transfer from the certified General Fund Free Cash a sum of $220,000 to fund the following; or take any action relative thereto.  

Hazardous Material Removal and Demolition of Old Police Station $100,000.00 Backhoe and Attachments $120,000.00


Town Manager


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt

6

To see if the Town will vote to transfer from the certified General Fund Free Cash the sum of $207,500 for School Department Capital Expenditures; or take any action relative thereto. See Town Warrant  


Town Manager


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt

School Committee-Adopt

7

To see if the Town will vote to re-allocate $41,815.85  or any amount remaining from the original appropriation of $90,000.00 as approved at the October 7, 2014 Special Town Meeting for Article 6 concerning Cafeteria Tables for four Elementary Schools. This re-allocation of funds shall be for the purpose of purchasing furniture for all Schools; or take any action relative thereto.


Town Manager


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt 

School Committee-Adopt


8

To see if the Town will vote to transfer the sum of $10,000 to be expended by the Town Manager from General Fund Free Cash to fund a Senior Tax Relief Work Program and a Veterans Tax Relief Program; or take any action relative thereto.

Town Manager


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt

9

To see if the Town will vote to transfer from the certified General Fund Free Cash the sum of $350,000 to the Other Post Employment Benefit (OPEB) Account; or take any action relative thereto.  


Town Manager


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt

10

To see if the Town will vote transfer the sum of $1,637,157 from certified Free Cash to the Town Stabilization Fund; or take any action relative thereto.


Town Manager


2/3 MGL Chapter 40 Section 5B

Board of Selectmen-Adopt

Finance Committee-Adopt

11

To see if the Town of Tewksbury will vote to appropriate and transfer the sum of $202,125 from the Tewksbury Community Preservation Fund to Rehabilitate Strong Field at Tewksbury Memorial High School, 320 Pleasant Street

CPC


Majority

Board of SelectmenAdp[t

Finance Committee-Adopt

School Committee-Adopt

12

To see if the Town of Tewksbury will vote to appropriate and transfer the sum of $200,000 from the Tewksbury Community Preservation Fund to Rehabilitate Livingston Street Recreation Area Fences.

CPC


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt


13

To see if the Town will vote to appropriate the sum of $5,000,000 to be expended by the Town Manager for the cost of construction and engineering for the closure and remediation of the Sutton Brook Landfill

Town Manager


2/3 MGL Chapter 44 Section 7

Board of Selectmen-Adp[t

Finance Committee-Adopt


14

To see if the Town will vote to amend the Personnel By-Law, Section III (e) wage schedule by amending Addendum D as follows: Outreach Worker: delete $10.69 and add Minimum $14.00 – Maximum $17.00 Activities Coordinator: delete $13.64 and add Minimum $13.00 – Maximum $16.00Add Nutrition Aide minimum $11.00 – Maximum $15.00

Town Manager

Secret Ballot

Table until after Article 19

Majority

Board of Selectmen-Adopt

Finance Committee-Adopt


15

To see if the Town will vote to authorize the Board of Selectmen to request the State Legislature to amend the Town’s Special Act Charter by deleting the third sentence of Section 5A which reads:

“He need not be a resident of the town or of the commonwealth when appointed, but shall become a resident of the town or live within a ten mile radius of the town during the first year of his appointment,”; or take any action relative thereto.


Board of Selectmen


2/3

Chapter 43 Section 10

Board of Selectmen-Adopt

Finance Committee-Adopt


16

This article provides for an exemption of up to $1,500,000 in value eligible for non-profit Veterans organizations.  

Town Manager


Majority

Board of Selectmen-Adopt

Finance Committee-Adopt


17

To see if the Town will vote to transfer a Town owned parcel identified as Map 92 Lot 33 to the Tewksbury Conservation Commission to allow for protection under Article 97 of Commonwealth Constitution. 


Town Manager


2/3

Chapter 40

Section 15

Board of Selectmen-Adopt

Finance Committee-Defer


18

To see if the Town will vote to amend the Tewksbury Zoning Bylaw by taking the following steps: (see town warrant)


Planning Board

Scrivener error 

2/3

Chapter 40A

Section 5

Planning Board-Adopt

Finance Committee-Defer

Board of Selectmen-Defer

19

To see if the town will vote, pursuant to Massachusetts General Laws Chapter 82, Sections 21-24, as amended, and any other applicable statues, to accept the laying out as a town way by order of the Board of Selectmen:


John O’Neil

Scrivener error

Majority

Board of Selectmen-Table

Finance Committee-Table


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