Special Town Meeting – October 2024 Voting Results

Tewksbury – Special Town Meeting was called to order October 1st, 2024 at 7pm at the Tewksbury Memorial High School. Dustin Weir moderated the evening.

Town Manager Mr. Montuori was recognized with a standing ovation, as this was his last Special Town Meeting as acting Town Manager.

Article 1 Raise and Appropriate $733,084
To see if the Town will vote to raise and appropriate funds into the Following FY2025 Departmental Budgets; or take any action related thereto:

Executive Summary: This article raises and appropriates funds to FY2025 Budgets. Additional funds are available since state and local revenue will be higher than projected. In addition to addressing Department priorities these appropriations will improve services to residents and address infrastructure needs such as roadway improvements, and sidewalks.

Vote: The adoption of Article 1 was passed unanimously.

Article 2 Transfer $536,362 from Free Cash
To see if the Town will vote to transfer from certified General Fund Free Cash a sum of $536,362 to be expended by the Town Manager to fund the following: or take any other action relative thereto.

Executive Summary: This article transfers funds from certified General Fund Free Cash for specific one-time capital expenditures. This article only has the General Funds share of the cost items shared with the Water and Sewer Enterprise Funds. The total cost of the Ford Equipment Trailer is $20,000 and the total cost of the Asphalt Paver Trailer is $20,000. The balance for each is being shared with the Water and Sewer Enterprise Funds.

Vote: The adoption of Article 2 was passed unanimously.

Article 3: Raise and Appropriate $25,203.69 for Unpaid Invoices
To see if the Town will vote to raise and appropriate the sum of $23,998.69 the following outstanding bills from the previous year; or take any action relative thereto.

Mr. Montuori made amendment and corrected the sum from $23,998.69 to $25,203.69.

Executive Summary: According to Massachusetts General Laws Chapter 44 § 64, bills that are late must be approved by Town Meeting before payment. This article authorizes the charges to be paid.

Funds are being used to pay the following unpaid bills that were received after Fiscal Year 24 ended: Ricoh invoice, Playaway invoice, Sophos invoice, Landlaw invoice, Metro invoice, Aubuchon/Capital One invoice(s), Hammond invoice, Alert Scientific invoice, Torode invoice, Net Lab invoice, New England Fire Sprinkler/BEF Annual Fire Inspection invoice, Lasell University invoice.

Vote: The vote required 9/10ths vote. Adoption of the amendment for Article 2 was passed unanimously.

Article 4 Raise and Appropriate $166,237
To see if the Town will vote to raise and appropriate $166,237 needed to fund and implement the Collective Bargaining Agreement between the Town and the Tewksbury Massachusetts Police Patrolman’s Association (NEPBA) beginning July 1, 2024; or take any other action relative thereto.

Executive Summary: The intent of this article is to appropriate or transfer funds for a new labor agreement with the Tewksbury Massachusetts Police Patrolman’s Association (NEPBA) and implement the labor agreement and distribute funds in Fiscal Year 2025.

Vote: The adoption of Article 4 was passed unanimously.

Article 5 Raise and Appropriate $221,014:
To see if the Town will vote to raise and appropriate $221,014 needed 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, 2024; or take any other action relative thereto.

Executive Summary: The intent of this article is to appropriate funds for a new labor agreement with the International Association of Firefighters AFL-CIO, Tewksbury Firefighters Local 1647 and implement the labor agreement and distribute funds in Fiscal Year 2025.

Vote: The adoption of Article 5 was passed unanimously.

Article 6 Transfer $160,000 from Sewer Retained Earnings:
To see if the Town will vote to transfer the sum of $160,000 from Sewer Enterprise Fund Retained Earnings to be expended by the Town Manager for various purposes; or take any other action relative thereto.

Executive Summary: This article utilizes funds from Sewer Retained Earnings for capital equipment and improvements. This article only has Sewer Retained Earnings’ share of the cost for those items. The total cost of the Equipment Trailer is $20,000 and the total cost of the Asphalt Paver Trailer is $20,000. The balance for each is being shared with the Water Retained Earnings and General Fund Free Cash. The total cost of the Vacuum/Jet Machine on Skid is $80,000 and the total cost of the Light Tower is $20,000. The balance for each is being shared with the Water Retained Earnings.

Vote: The adoption of Article 6 was passed unanimously.

Article 7 Transfer $160,000 from Wawer Retained Earnings:
To see if the Town will vote to transfer the sum of $160,000 from Water Enterprise Fund Retained Earnings to be expended by the Town Manager for various purposes; or take any other action relative thereto.

Executive Summary: This article utilizes funds from Water Retained Earnings for capital equipment and improvements. This article only has Water Retained Earnings’ share of the cost for those items. The total cost of the Equipment Trailer is $20,000 and the total cost of the Asphalt Paver Trailer is $20,000. The balance for each is being shared with the Sewer Retained Earnings and General Fund Free Cash. The total cost of the Vacuum/Jet Machine on Skid is $80,000 and the total cost of the Light Tower is $20,000. The balance for each is being shared with the Sewer Retained Earnings.

Vote: The adoption of Article 7 passed unanimously.

Article 8 Raise and Appropriate $797,035 and Transfer $5,996,154 from Certified General Fund Free Cash to the Town Stabilization Fund
To see if the Town will vote to raise and appropriate the sum of money and transfer the sum of money from certified General Fund Free Cash to the Town Stabilization Fund; or take any other action relative thereto.

Mr. Montuori made amendment and clarified the sums of money to equate to amounts of $797,035 and $5,996,154.

Executive Summary: This article seeks approval to set aside these funds in the Stabilization Fund to be used for future emergencies or one-time purchases or projects.

Vote: The adoption of amendment for Article 8 was passed.

Article 9 Transfer $1,000,000 from CPA Undesignated Reserve and Authorize the Borrowing of $2,800,000
To see if the Town of Tewksbury will vote to appropriate, transfer from available Tewksbury Community Preservation Funds and/or borrow in accordance with the Community Preservation Act the sum of $3,800,000 to rehabilitate the historic Ella Flemings School, 1503 Andover Street, including allowed costs incidental and related thereto; said rehabilitation expenses as necessary for Ella
Flemings Schoolhouse to continue to serve as a historic municipal services facility and community meeting place, pursuant to Massachusetts General Law Chapter 44B (The Community Preservation Act) and Chapter 44 Section 7(1) and/or any other enabling authority and the Secretary of the Interior’s Standards for Rehabilitation.

Executive Summary: This funding will allow for renovation and upgrades to the Ella Flemings School.

Vote: The vote required 9/10ths vote. The adoption of Article 9 was passed.

Article 10 to Rescind the Unused Borrowing Authority
To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles; or act in any other manner in relation thereto.

Executive Summary: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no longer required for its intended purpose.

Vote: The adoption of Article 10 was passed unanimously.

Article 11 Authorize the Select Board to Grant and Accept Easements
To see if the Town will vote to authorize the Select Board to accept an easement from Andover North Estates, LLC. The Easement is shown on a plan entitled Sidewalk Easement Plan prepared for Andover North Estates Condominium, 1563 Andover Street, Tewksbury, MA 01876. Prepared by Warren A. Wagner of Civil Design Consultants, Inc dated March 4, 2024, or take any action relative thereto. The Plan can be viewed at the Town Clerk’s office, Town Hall, 1009 Main Street, Tewksbury, MA 01876.

Executive Summary: The purpose of this article is to allow the Select Board to accept a new sidewalk easement at 1563 Andover Street.

Vote: The adoption of Article 11 was passed unanimously.

Article 12 Home Rule Petition
To see if the Town will vote to authorize the Select Board to submit a Home Rule Petition to the General Court of the Commonwealth of Massachusetts that if enacted would amend the Town’s Special Act Charter by deleting the third sentence of Section 5A which reads:

“They 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 their appointment.”; or take any action relative thereto.

Mr. Montuori made an amendment to change the 10-mile radius to a 50-mile radius.

Vote: Several opposed but the adoption of the amendment for Article 12 passed with majority.

Article 13 General By-Law
To see if the Town will vote to add a new Section to the Town General Bylaws:

The comprehensive cannabis law enacted 2 years ago (chapter 180 of the Acts of 2022) requires the Cannabis Control Commission (CCC) to develop policies and procedures to ensure that those who have been disproportionately harmed by the enforcement of marijuana laws are guaranteed fair and equitable access to the industry and to promote their full participation.

Mr. Montuori made motion to withdraw Article 13.

Vote: The withdraw of Article 13 was passed.

Article 14 Zoning Article:
To see if the Town will vote to amend the Town of Tewksbury Zoning Map dated October 2023 as depicted below:

Executive Summary: The US EPA has requested that the ground water protection SBDA Plume Area and Buffer Zone be amended based on ongoing testing at the Sutton Brook Disposal Area.

Article 15 & Article 16
Attorney Robert Scarano who put forward Article 15 and Article 16 requested withdrawal.

Vote: There was no motion to adopt, and Article 15 was withdrawn by unanimous vote. The motion to indefinitely postpone Article 16 was passed.

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The Town’s Website at https://www.tewksbury-ma.gov/503/Town-Warrants describes all of the Articles which were acted upon at the Town Meeting.

Select Board Overall Financial Management Policy after Free Cash Certification:

• At least $600,000 will be set aside for potential snow and ice deficits (Funds are set aside and will remain in Free Cash).
• At least $650,000 will be set aside to be transferred into the Other Post-Employment Benefits Trust Fund. Instead of transferring funds from Free Cash, funds were appropriated in the FY25 Budget. The General Fund Unclassified Budget has an appropriation in the amount of $650,000 for OPEB. In addition, the Water Enterprise Fund appropriated $53,564, Sewer Enterprise Fund appropriated $7,142 and the Cable Enterprise Fund appropriated $7,142 for a total Town funding of $717,848.
• At least 25% of the remaining Certified Free Cash is recommended to fund the capital budget and one-time capital expenditures. The remaining FY24 Free Cash is $7,132,516 and 25% of that amount is $1,783,129. The proposed Special Town Meeting expenditure for the capital budget and one-time capital expenditure is $536,362 which doesn’t meet the recommended allocation. However, the town does not need to fund any significant capital improvements at this special town meeting and will be making a significant allocation to the stabilization fund instead.
• At least 25% of the remaining Certified Free Cash will be placed into the Stabilization Fund. The remaining FY24 Free Cash is $6,596,154 less $600,000 set aside for potential snow and ice deficits for a total remaining Free Cash of $5,996,154. Twenty-five percent (25%) of that amount is $1,499,038.50. In Article 8, $5,996,154 is proposed to be transferred from Free Cash into the Stabilization Fund which will meet and exceed this goal. The town will also raise and appropriate additional funding into the stabilization fund in the amount of $797,035.