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Open Town Meeting is the form of democratic governing practiced in Tyngsborough, used for over 250 years.

Outlined below is the annual town meeting schedule voted by the Board of Selectmen. The following schedule for the upcoming Annual & Special Town Meeting is based on the date of Tuesday, May 16, 2017. The meeting will be held at the Tyngsborough Elementary School at 205 Westford Rd. The warrant can be found here.

The important dates are:

February 13, 2017 Annual and Special Town Meeting Warrants Open
March 13, 2017 Begin Review of Draft Articles by Selectmen and Finance Committee
March 16, 2017 Warrant Closes: Deadline to submit Articles/Citizen Petitions
March 16, 2017 Warrant Articles to Town Counsel for initial review
March 27, 2017 Draft Warrants Reviewed by Selectmen and Finance Committee
April 10, 2017 Draft Warrants Reviewed by Selectmen and Finance Committee
April 24, 2017 Final Warrant approval by Town Counsel/Board of Selectmen
April 24, 2017 Final Town Meeting Warrants approved and signed by Selectmen
May 1, 2017 Deadline for posting Annual and Special Town Meeting Warrants
Copies of Town Meeting Warrants, Report of Finance Committee, Capital Asset Management Committee plan, and Annual Town Report.
 May 16, 2017 Annual (7:00 pm) and Special (7:30 pm) Town Meeting (205 Westford Rd)

Important Documents

General Town Meeting Information


Article NumberSummarySupporting DocumentsVotesTown Meeting Vote*
1Bring in Votes by BallotBOS: 5-0-0
FinCom: 4-0-0
Skipped
2Reports of the Town Officers and CommitteesBOS: 5-0-0
FinCom: 4-0-0
Pass
3Choose Officers Not Named in Article 1BOS: 5-0-0
FinCom: 4-0-0
Pass
4Compensation of Elected OfficialsBOS: 5-0-0
FinCom: 4-0-1 (not recommended)
Amendment to return Selectmen salaries to FY17 levels: Pass; Article as amended: Pass
5General Fund Operating Budget for FY2018Proposed budgetBOS: 5-0-0
FinCom: 3-1-0
Pass
6Transfer of Funds from Billboard Stabilization FundBOS: 5-0-0
FinCom: 4-0-0
Pass
7Transfer of Funds from the Wetland Protection FundBOS: 5-0-0
FinCom: 4-0-0
Pass
8Transfer of Funds from the PEG FundBOS: 5-0-0
FinCom: 5-0-0
Pass
9Transfer of Free Cash to Stabilization FundsBOS: 5-0-0
FinCom: 3-1-0
Pass
10Transfer of Free Cash to Other FundsBOS: 5-0-0
FinCom: 4-0-0
Pass
11Transfer of Funds to Pay Down Principal on Bond NotesBOS: 5-0-0
FinCom: 4-0-0
Pass
12Capital Improvements for Fiscal Year 2018BOS: 5-0-0
FinCom: 3-1-0
Pass
13Ambulance Enterprise Fund for Fiscal Year 2018BOS: 5-0-0
FinCom: 4-0-0
Pass
14Sewer Enterprise Fund for Fiscal Year 2018BOS: 5-0-0
FinCom: 4-0-0
Pass
15Sewer Phase 2 Authorization to Borrow FundsSewer Phase 2 PresentationBOS: 5-0-0
FinCom: 5-0-0
Does not pass
16Appropriate Funds for Sewer Infiltration and Inflow ProgramSewer Commission ExplanationBOS: 5-0-0
FinCom: 5-0-0
Pass
17Authorization Regarding Contracts in Excess of Three YearsBOS: 5-0-0
FinCom: 4-0-0
Pass
18Authorization to Accept Chapter 90 FundsBOS: 5-0-0
FinCom: 4-0-0
Pass
19Amend Bylaw to Establish Revolving FundsMGL Ch44 Sec53E 1/2BOS: 5-0-0
FinCom: 5-0-0
Pass
20Authorize Revolving FundsBOS: 5-0-0
FinCom: 4-0-0
Pass
21Transfer Funds from Stabilization Fund for Debt & Debt AssessmentBOS: 5-0-0
FinCom: 5-0-0
Pass
22CPC - Adams Barn RestorationAdams Barn Rendering

Bid Documents

Bid Tabulation Sheet

Legal Opinion - Adams Barn

Rehabilitation Guidelines

Custom Barns Quote
BOS: 3-2-0
FinCom: 3-2-0 (Not recommended)
Does not pass
23Adams Barn DemolitionBOS: 2-3-0
FinCom: 3-1-0
Pass
24CPC - First Parish RenovationsFirst Parish Renovation EstimatesBOS: 4-0-1
FinCom: 4-0-1
Pass
25CPC - Other AppropriationsBOS: 5-0-0
FinCom: 5-0-0
Pass
26Appropriate PEG Funds for PEG Media CenterPEG Center Final ReportBOS: 5-0-0
FinCom: 5-0-0
Pass
27Assessors Tax Exemption for VeteransMGL Ch59 Sec5BOS: 4-0-1
FinCom: 5-0-0
Pass
28Authorize Bond Premium to Pay Project CostsBOS: 5-0-0
FinCom: 5-0-0
Pass
29Amend Conservation RestrictionBOS: 5-0-0
FinCom: 4-0-0
Pass
30Roadway AcceptancesRoadway Acceptance MapsBOS: 5-0-0
FinCom: 4-0-1
Pass
31Amend Town Bylaws Regarding Televising of Public MeetingsBOS: 5-0-0
FinCom: 4-0-0
Pass
32Amend the Personnel BylawBOS: 5-0-0
FinCom: 4-0-0
Pass
33MGL Ch 48 Sec 42 - Fire DepartmentState LawBOS: 5-0-0
FinCom: 4-0-0
Pass
34Amend the Street Opening BylawBOS: 5-0-0
FinCom: 4-0-0
Pass
35Amend Tyngsborough Zoning Bylaw - Marijuana DispensariesBOS: 5-0-0
FinCom: 4-0-0
Pass
36Increase Liquor LicensesBOS: No action
FinCom: No Action
Pass
37Amend Zoning BylawSupporting DocumentsBOS: No action
FinCom: No Action
Pass
38Fund Salary of Town ClerkBOS: No action
FinCom: 3-1-0 (Not recommended)
Withdrawn
39Allow the Recall of Elected OfficialsBOS: No action
FinCom: 4-0-0 (Not recommended)
Withdrawn
Special #1Prior Year BillsBOS: 5-0-0
FinCom: 5-0-0
Pass
Special #2Transfer of Funds for School BudgetBOS: 5-0-0
FinCom: 4-0-0
Pass
Special #3Transfer of Funds for Snow & Ice AccountsBOS: 5-0-0
FinCom: 4-0-0
Pass
Special #4Capital Improvements (FY17)BOS: 5-0-0
FinCom: 3-1-0
Pass

*The votes listed in the table above are preliminary tallies that may not reflect the final recorded vote and are for information purposes only. The Town Clerk will issue the final, approved minutes, which will include all Town Meeting votes.


2017 Annual Town Meeting Articles 1-20

Article 1: Accept Results of Elected Officials

To bring in their votes by ballot for:
Title Number Term
Board of Selectmen 2 3 years
Library Trustee 2 3 years
Library Trustee 1 1 year
Assessor 1 3 years
Board of Health 2 3 years
Cemetery Commissioner 1 3 years
Cemetery Commissioner 1 2 years
Finance Committee 1 3 years
School Committee 2 3 years
Sewer Commissioner 1 3 years
Planning Board 1 5 years
Moderator 1 3 years
Tree Warden 1 3 years

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor

Vote Required: Majority Vote
Article 2: Hear Town Reports

To see if the Town will vote to accept the reports of the Town Officers and Committees as printed, or take any other action relative thereto.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 3: Officers Not Named

To see if the Town will choose all officers not named in Article 1 of the Annual Town Election Warrant, or take any other action relative thereto.

EXPLANATION: Nancy A. Johnson and Christopher Dery shall be appointed to the Memorial Day Committee

Board of Selectmen:  5-0-0  In Favor
Finance Committee:       4-0-0 In Favor
Vote Required:  Majority Vote
Article 4: Elected Officials' Compensation

To see if the Town will vote to fix the salary and compensation of elective officers of the Town as provided by Section 108 of Chapter 41 of the Massachusetts General Laws, as amended, for the Fiscal Year 2017 (July 1, 2016 - June 30, 2017), or take any other action relative thereto. Salaries of the Elected Officials are included in the Department Appropriations to be submitted within Article 5.
Article 5: General Fund Operating Budget

To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money as may be necessary to fund town expenses for Fiscal Year 2018 (July 1, 2017 - June 30, 2018), or take any other action relative thereto. 

[Click here to view the proposed budget]

Submitted by: Board of Selectmen and Finance Committee

EXPLANATION: This Article is the Fiscal Year 2018 appropriation of funds for the Town of Tyngsborough. This annual budget is a declaration of our Town’s priorities and a statement on how we choose to allocate the limited collective resources that exist. The operating budget enables the day-to-day operations of the town by paying for recurring expenditures for programs and services, employee salaries, rents, utilities, supplies, insurance and debt service. The Library, Schools, Police Department, Fire Department, Council on Aging and dozens of other town departments rely on this funding to provide services on a daily basis. This budget is partially funded through the passage of Article 11, to pay off Bond Anticipation Notes two years early through the use of free cash, saving $20,000 in interest, and making $200,000 available in FY18 rather than FY20.

The operating budget consists of local aid received from the Commonwealth, our local taxes (property, excise and business) and other fees collected by the Town. All Town activities, not specifically directed to other accounts such as the Sewer or Ambulance Enterprise Funds, are funded through this budget. As a result, most of the Town’s operating expenditures are paid through this appropriation.

Board of Selectmen:       5-0-0 In Favor
Finance Committee:       3-1-0
In Favor Vote Required:                  Majority Vote
Article 6: Transfer of Funds - Billboard Stabilization Fund

To see if the Town will vote to appropriate by transfer from the Billboard Stabilization Fund the sum of $20,000.00 to be expended by the Board of Selectmen to be used to stabilize the tax rate for Fiscal Year 2018 by funding recreational, public safety, or other public purposes, or take any other action relative thereto.
Article 7: Transfer of Funds - Wetland Protection Fund

To see if the Town will vote to appropriate by transfer the sum of $5,000.00 from the Wetland Protection Fund to assist in funding salaries for the Conservation Department, or take any other action relative thereto.
Article 8: Transfer of Funds - PEG Fund

To see if the Town will vote to appropriate by transfer the sum of $189,295.00 from the PEG Fund to the general fund in order to support public, educational, and governmental television access or take any other action relative thereto.
Article 9: Transfer to Stabilization

To see if the Town will vote to appropriate by transfer the sum of $478,870.00 from Free Cash to the following fund, or take any other action relative thereto.
FY18
Transfer from: Free Cash $478,870.00
Transfer to: Stabilization Fund  $478,870.00
Article 10: Transfer of Funds - Other Funds

To see if the Town will vote to appropriate by transfer the sum of $68,856.00 from Free Cash to the following funds, or take any other action relative thereto.
    FY18
Transfer from: Free Cash $68,856.00
Transfer to: Other Post-Employment Benefits Liability Trust Fund $32,133.00
Compensated Absence Fund  $36,723.00
Article 11: Transfer of Funds - Pay Down Principal

To see if the Town will vote to appropriate by transfer the sum of $389,505 from Free Cash to pay down principal on maturing Bond Anticipation Notes, or take any other action relative thereto.
TOWN B.A.N.s DATE OF AUTHORIZATION  OUTSTANDING
DUMP TRUCK WITH PLOW 5/20/2014  $83,075.00
DUMP TRUCK WITH PLOW AND SANDER 5/20/2014  $87,250.00
ONE TON DUMP TRUCK WITH PLOW 5/20/2014  $14,000.00
POLICE IT REPLACEMENT 5/20/2014  $14,550.00
TOWN OFFICES SECURITY & REPAIRS 5/20/2014  $9,600.00
SELECTMEN IT REPLACEMENT 5/20/2014  $14,550.00
PICK UP TRUCK 5/20/2014  $28,000.00
FUEL CONTROL SYSTEM 5/20/2014  $24,000.00
SANDER & PLOW 5/20/2014  $32,000.00
TOWN OFFICE REPAIR & MAINT 5/20/2014  $28,000.00
FIN SOFTWARE REPLACEMENT 5/20/2014  $14,480.00
TECHNOLOGY REPLACEMENT 5/20/2014  $40,000.00
 Total:  $389,505.00
Article 12: Capital Appropriations

To see if the Town will vote to transfer from Free Cash the sum of $579,685.00, and that the Town be authorized to accept any available grant dollars, for the following purposes:
Dept. Project Not to Exceed Expended by
Police Replace Radio $23,160 Board of Selectmen
Police Replace Tasers $21,700 Board of Selectmen
BOS/TA Security upgrades $20,000 Board of Selectmen
Highway Digital Message Board $25,000 Board of Selectmen
Highway Complete Wash Bay $25,000 Board of Selectmen
Highway 1-Ton Truck $60,000 Board of Selectmen
Highway Septic System Improvements $25,000 Board of Selectmen
School Security upgrades $80,000 School Committee
School Generator for TMS $75,000 School Committee
School Chromebooks/Science $64,125 School Committee
School Replace 25-year old Tractor $65,000 School Committee
Total: $483,985
  for a total of $579,685.00, or take any other action relative thereto.
Article 13:   Appropriation – Ambulance Enterprise Fund for Fiscal Year 2018

To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be expended by the Board of Fire Engineers to operate the Ambulance Enterprise for Fiscal Year 2018 as follows:

Salaries $ 281,244.00
Expenses $   47,504.00
Capital Outlay – Year 1 $   40,000.00
Subtotal $ 368,748.00
Transfer Indirect Costs to the General Fund $   68,328.00
Total $ 437,076.00


That $437,076.00 be raised through Department Receipts
Department Receipts $ 437,076.00
Total $ 437,076.00


That $68,328.00 be included in appropriations from the General Fund for indirect costs and be allocated to the Ambulance Enterprise for funding, or take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION: The purpose of this article is to fund the Ambulance Enterprise Fund. The Fund is supported by fees collected through ambulance charges. The Board of Fire Engineers establishes the total expenses of the department, including debt service, direct and indirect expenses. Indirect costs are associated with General Government costs and fringe benefits that are related to the operation of the ambulance service and are expensed through the General Fund, or operating budget. An affirmative or yes vote will ensure the operation of the ambulance service.
Article 14: Appropriation – Sewer Enterprise Fund for Fiscal Year 2018

To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be expended by the Sewer Commission to operate the Sewer Enterprise for Fiscal Year 2018 as follows: That the following sums be appropriated:

Salaries & Stipends $ 203,915.00
Expenses $ 750,082.00
Capital Outlay $ 808,596.00
Debt $ 67,341.00
Subtotal $1,829,934.00
Transfer Indirect Costs to General Fund $ 150,356.00
Total $1,980,290.00

That $1,980,290.00 be appropriated from the Sewer Enterprise fund

Department receipts $ 1,242,282.00
Retained Earnings $ 738,008.00
Total $ 1,980,290.00

That $150,356.00 be included in appropriations from the General Fund for indirect costs and be allocated to the Sewer Enterprise for funding, or take any other action relative thereto.

Submitted by: Sewer Commissioners

EXPLANATION: The purpose of this article is to fund the Sewer Enterprise Fund. The Fund is supported by sewer usage charges. The sewer rate is set by the Sewer Commission and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the use of sewer services by residents and businesses. Indirect costs are associated with General Government costs and fringe benefits that are related to the operation of the Sewer Department and are expensed through the General Fund, or operating budget. An affirmative or yes vote will ensure the operation of the department according to projected needs.
Article 15:   Phase 2 West: Middlesex Road up to Nashua, NH border

To see if the Town will vote to appropriate, and also to raise or borrow pursuant to any applicable statute to pay costs of professional services for legal, permitting, engineering, construction supervision, and other related services for construction, installation and equipping of the extension of municipal sewer lines and associated infrastructure to areas established in the Comprehensive Wastewater Management Plan, approved January 2009, and described as Phase 2 sewer, including without limitation payment of all costs incidental and related thereto, and acquisition of any interests in land as may be necessary or appropriate and all associated infrastructure; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Clean Water Trust or otherwise; and to take any other action relative thereto.

Submitted by: Sewer Commissioners

EXPLANATION: This article would authorize the Sewer Commission to fund Phase 2 of the Sewer Project, to bring sewer up Middlesex Road to the Nashua border. The Sewer Commission has received approval for a 20-year State Revolving Fund Loan program, with loan payments to be funded through sewer betterments.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 5-0-0 In Favor
Vote Required: Two-thirds (2/3) Vote
Article 16:   I & I program

To see if the Town will vote to appropriate, and also to raise or borrow pursuant to any applicable statute to pay costs of professional services for a Sewer System Infiltration and Inflow Program, including the payment of all costs incidental and related there to determine whether this appropriation shall be raised by borrowing from the Massachusetts Clean Water Trust or otherwise; and to take any action relative thereto.


Submitted by: Sewer Commissioners

EXPLANATION: This borrowing will fund a town-wide sewer system metering program and Infiltration and Inflow Analysis Report to comply with Massachusetts DEP regulations 314 CMR 12.00. In order to comply with the regulations, the Commission needs to perform this metering program and prepare an I/I Analysis Report beginning in early spring 2018. The cost of the project provides for a 10-meter program which includes installation, rental, maintenance, engineering and data recovery. This program will help to identify any areas where I/I is coming into the line.

Board of Selectmen:  5-0-0 In Favor
Finance Committee:  5-0-0 In Favor
Vote Required: Two-thirds (2/3) Vote
Article 17:  Authorization Regarding Contracts in Excess of Three Years

To see if the Town will vote to authorize the Board of Selectmen to enter into Lease/Purchase Agreements up to five years to purchase equipment for Town Departments.  Said contracts shall be subject to annual appropriations, or take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION: This article would authorize the Board of Selectmen to enter into lease purchase agreements for items including office equipment, vehicles, or other equipment. Massachusetts General Law requires town meeting approval to enter into a contract in excess of three years.

Board of Selectmen:       5-0-0 In Favor
Finance Committee:   4-0-0 In Favor
Vote Required: Majority Vote
Article 18: Authorization to Accept Chapter 90 Funds

To see if the Town will vote to accept the State Grant of Chapter 90 Highway Funds and authorize the Board of Selectmen to expend said funds for Highway purposes in accordance with the terms of said grants; or take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION: A vote of Town Meeting is required to authorize the Board of Selectmen to accept and expend Chapter 90 funds which are used to repair town roads.

Board of Selectmen:       5-0-0 In Favor
Finance Committee:       4-0-0 In Favor
Vote Required:                  Majority Vote
Article 19:   Amend Bylaw to Establish Revolving Funds

To see if the town will vote to amend the general by-laws of the town by adding a new section to establish and authorize revolving funds for use by certain town departments, boards, committees, agencies or officers under Massachusetts General Laws, Chapter 44, Section 53E½;

ARTICLE XLVII DEPARTMENTAL REVOLVING FUNDS

SECTION 1: Purpose

This by-law establishes and authorizes revolving funds for use by town departments, boards, committees, agencies or officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities. These revolving funds are established under and governed by Massachusetts General Laws, Chapter 44, Section 53E½.

SECTION 2: Expenditure Limitations

A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this by-law without appropriation subject to the following limitations:
  1. Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund.
  2. No liability shall be incurred in excess of the available balance of the fund.
  3. The total amount spent during a fiscal year shall not exceed the amount authorized by town meeting on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the Board of Selectmen and Finance Committee.
SECTION 3: Interest

Interest earned on monies credited to a revolving fund established by this bylaw shall be credited to the general fund.

SECTION 4: Procedures and Reports

Except as provided in Massachusetts General Laws, Chapter 44, Section 53E½ and this by-law, the laws, rules, regulations, policies or procedures that govern the receipt and custody of town monies and the expenditure and payment of town funds shall apply to the use of a revolving fund, established and authorized by this by-law. The Finance Director shall include a statement on the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the Finance Director provides the department, board, committee, agency or officer on appropriations made for its use.

SECTION 5: Table of Authorized Revolving Funds

The Table establishes:
  1. Each revolving fund authorized for use by a town department, board, committee, agency or officer.
  2. The department or agency head, board, committee or officer authorized to spend from each fund.
  3. The fees, charges and other monies charged and received by the department, board, committee, agency or officer in connection with the program or activity for which the fund is established that shall be credited to each fund by the Finance Director.
  4. The expenses of the program or activity for which each fund may be used.
  5. Any restrictions or conditions on expenditures from each fund; and
  6. The fiscal years each fund shall operate under this by-law.
Revolving Fund Spending Authority Revenue Source Allowed Expense
Fire Department Board of Fire Engineers Hazmat fees Fire programs and materials
Recreation & Parks Committee Board of Selectmen Fees collected from participants Recreational programs and activities
Old Town Hall Board of Selectmen Fees Old Town Hall operation and maintenance
School Field Use Committee School Field Use Committee Field use fees Field maintenance
Recycling Committee Board of Health Fees collected from participants Recycling programs and materials
Board of Health Board of Health Fees collected from participants Collection and disposal of bulky items and appliances
Board of Health Board of Health Medicare reimbursements Reimbursement program for Medicare Plan members
Conservation Commission Conservation Commission Fees from local Wetland Protection By-law Conservation Commission activities
Sealer of Weights and Measures Board of Selectmen Fees collected from participants Inspection activities
Police Details Board of Selectmen Citations Police Traffic Details
or take any other action relative thereto.

Submitted by: Board of Selectmen

Board of Selectmen:       5-0-0 In Favor
Finance Committee:       5-0-0 In Favor
Vote Required: Majority Vote
Article 20:   Authorize Revolving Funds

To see if the Town will vote, pursuant to Massachusetts General Laws, Chapter 44, Section 53E½ as most recently amended by Section 86 of Chapter 218 of the Acts of 2016, to establish limitations on expenditures from revolving funds established by Article XLVII of the Town Bylaws, entitled “Departmental Revolving Funds,” and the vote taken under Article 19 at this Town Meeting, as follows:
Revolving Account FY18 Annual Expenditure Limit
Fire Department $10,000.00
Recreation & Parks Committee $120,000.00
Old Town Hall $25,000.00
School Field Use Committee $50,000.00
Recycling Committee $7,000.00
Board of Health- Disposal of Bulky Items $35,000.00
Board of Health- Medicare $6,000.00
Conservation Commission $5,000.00
Sealer of Weights and Measures $3,000.00
Police Details $30,000.00
or to take any other action relative thereto.

Submitted by: Board of Selectmen

Board of Selectmen:       5-0-0 In Favor
Finance Committee:       4-0-0 In Favor
Vote Required:                 Majority Vote

2017 Annual Town Meeting Articles 21-39

Article 21: Transfer Funds

To see if the Town will vote to transfer an amount in FY18 from Stabilization Fund for Debt & Debt Assessment and said funds be used by the Treasurer-Collector to be used towards the payment of debt principal and interest for the Early Childhood Center (ECC) Roof, 135 Coburn Road, and the Greater Lowell Technical High School for Debt Assessment; or to take any other action relative thereto.

Transfer from: Stabilization Fund for Debt & Debt Assessment: $54,895.00
Transfer to: Long Term Debt Principal: $50,000.00
Long Term Debt Interest: $ 4,895.00


Transfer from: Stabilization Fund for Debt & Debt Assessment $126,895.00 Transfer to: Technical School Assessment $126,895.00

Submitted by: Board of Selectmen

EXPLANATION: This article transfers funds from the stabilization fund for debt and debt assessment to cover the cost of principal and interest for the Greater Lowell Technical High School debt assessment and the Early Childhood Center roof.

Board of Selectmen:       5-0-0 In Favor
Finance Committee:       5-0-0 In Favor
Vote Required:                 Two-thirds (2/3) Vote
Article 22: Appropriation – Community Preservation Committee Fund

To see if the Town will vote $400,000.00 from estimated receipts and $50,000 from reserves to be appropriated or reserved from estimated annual revenues of the Community Preservation Fund for the fiscal year 2018 to be expended by the Board of Selectmen for the purpose of restoring Adams Barn, or take any other action relative thereto.

Submitted by: Community Preservation Committee

EXPLANATION: This article authorizes a total of $450,000 from the Community Preservation fund to restore the Adams Barn.

Board of Selectmen: 3-2-0 In Favor
Finance Committee: 3-2-0 Not In Favor
Vote Required: Majority Vote
Article 23: Appropriation – Capital Improvement for Fiscal Year 2018

To see if the Town will vote to transfer from Free Cash the sum of $30,000.00 to be expended by the Board of Selectmen, for the following purpose of demolishing the Adams Barn, or take any other action thereto.

Submitted by: Board of Selectmen

EXPLANATION: This article will authorize the use of $30,000 from Free Cash to demolish the Adams Barn.

Board of Selectmen: 2-3-0 In Favor
Finance Committee: 3-1-1 In Favor
Vote Required: Majority Vote
Article 24: Appropriation – Community Preservation Committee Fund

To see if the Town will vote to appropriate a sum of money for renovations to the First Parish Building, including the payment of costs incidental or related thereto; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.

Submitted by: Community Preservation Committee

EXPLANATION: This article authorizes the Community Preservation Committee to fund or borrow up to $1.7 million to renovate the interior of the First Parish Meeting House, which includes bringing building systems up to current code requirements, including Americans with Disabilities Act (ADA) requirements.

Board of Selectmen: 4-0-1 In Favor
Finance Committee: 4-0-1 In Favor
Vote Required: Two-thirds (2/3) Vote
Article 25: Appropriation – Community Preservation Committee Fund

To see if the Town will vote a sum of money to be appropriated or reserved from estimated receipts of the Community Preservation Fund for the fiscal year 2018, with each item to be considered a separate appropriation, for the payment of administrative expenses of the Community Preservation Committee, debt service, community preservation projects, and all other necessary and proper expenses,

Description Amount Fund Category
Administrative Expenses $25,000.00 Administrative
Lake Mascuppic Weed Control Program $7,000.00 Open Space/Rec
Update Tyngsborough Housing Plan $10,800.00 Affordable Housing
Update Open Space & Rec. Plan $7,500.00 Open Space/Rec
Repair Colonel Tyng Crypt $10,000.00 Historic Preservation
Paint/Restore Winslow School Flagpole $2,000.00 Historic Preservation
Placing First Parish on National Register $10,000.00 Historic Preservation
Long Term Debt Services (Old Town Hall) $200,023.00 Historic Preservation
Interest on Long Term Debt (OTH) $69,825.81 Historic Preservation
Interest on Short Term Debt (FPMH) $32,063.89 Historic Preservation
Total CPC Appropriations $374,212.70 


Reserve for Historic Preservation               $62,500.00
Reserve for Affordable Housing                  $62,500.00
Reserve for Open Space                            $62,500.00
FY 2017 Budgeted Reserve                       $12,500.00

or take any other action relative thereto.

Submitted by: Community Preservation Committee

EXPLANATION: The Community Preservation Committee (CPC) recommends how funds should be spent or set aside for future spending among the allowable categories of (a) open space; (b) historic preservation; and (c) affordable housing. In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures, but cannot add to them. Tyngsborough received State matching funds from the Commonwealth.

Board of Selectmen:       5-0-0 In Favor
Finance Committee:       5-0-0 In Favor
Vote Required:                 Majority Vote
Article 26: Appropriation to Fund PEG Media Center

To see if the Town will vote to appropriate $950,000.00 for the purpose of constructing and furnishing a Public Access Television Studio, as well as equipment for school department studios using funds from the Public-Education-Government (PEG) account to be expended by the Board of Selectmen, or take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION: PEG funds may only be appropriated for cable-related purposes consistent with the franchise agreement, including, but not limited to: (i) support of public, educational or governmental access cable television services; (ii) monitoring compliance of the cable operator with the franchise agreement; or (iii) preparing for renewal of the franchise license. Over the past 10+ years, the Town has saved approximately $1,060,000 in the PEG account to construct a standalone PEG Broadcast studio. This article appropriates $950,000 from the PEG account to construct a PEG Broadcast studio at 120 Westford Road and a satellite Studio at the Tyngsborough High School.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 5-0-0 In Favor
Vote Required: Majority Vote
Article 27: Accept the Provisions of the Last Paragraph of MGL Chapter 59, Section 5, Clause Twenty-second G

To see if the town will accept the provision of the last paragraph of Massachusetts General Laws, Chapter 59, Section 5, Clause Twenty-second G, which reads, Notwithstanding this section, in any city or town which accepts this clause, the exemptions available pursuant to clauses Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E and Twenty-second F may be granted to otherwise eligible persons who have resided in the commonwealth for 1 year prior to the date of filing for exemptions pursuant to the applicable clause, or to take any other action relative thereto.

Submitted by: Board of Assessors

EXPLANATION: To qualify for this exemption currently, a veteran must have been domiciled in Massachusetts for at least 6 consecutive months before entering the service, or have lived in Massachusetts for at least 5 consecutive years before the tax year begins. This local option reduces that time to from 5 consecutive years to 1 year. To qualify for the exemption the veteran must: have a service connected disability of at least 10%; meet residency rules; own and occupy the property as his/her domicile; exemptions range from $400-$1,500 or a full exemption if the veteran is a paraplegic or a surviving spouse of a veteran whose death was determined to be service connected.

Board of Selectmen: 4-0-1 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 28: Application of Bond Premium to supplement prior borrowing votes to permit the application of sale premium to pay project costs

To see if the Town will vote to supplement each prior vote of the Town that authorizes the borrowing of money to pay costs of capital projects to provide that, in accordance with Chapter 44, Section 20 of the General Laws, the premium received by the Town upon the sale of any bonds or notes thereunder, less any such premium applied to the payment of the costs of issuance of such bond or notes, may be applied to pay project costs and the amount authorized to be borrowed for each such project shall be reduced by the amount of any such premium so applied; or take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION: This local option is now available through a recent change in State Law, which allows the Town to use the premium received upon the sale of bonds to pay down project costs and or the borrowing amounts for projects. Currently, bond premium from bond sales has to be used towards a future borrowing for the same term.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 5-0-0 In Favor
Vote Required: Majority Vote
Article 29: Amend Conservation Restriction

To see if the Town will vote to authorize the Conservation Commission to amend a conservation restriction granted by George W. Griffin to the Town, as recorded in the Middlesex North Registry of Deeds at Book 27269, Page 22, so as to enable the current fee owner of the underlying land to convey an easement to the Massachusetts Division of Fisheries and Wildlife that would allow for the repair and maintenance of the Upper Flint Pond Dam, so called; to authorize the Board of Selectmen to seek legislative approval for the above-described amendment and easement under Article 97 of the Amendments to the Massachusetts Constitution, if applicable; and to take any other action relative thereto.

Submitted by: Conservation Commission

EXPLANATION: This article simply enables the Town to facilitate the reconstruction of Upper Flint Pond Dam, which is in serious need of repair according to the state Office of Dam Safety. If approved, the town would be allowed to amend a conservation restriction it holds over land adjacent to the dam so that a very small area (less than 2,000 square feet) could be used for dam construction and support area. This amendment also requires legislative approval, which would follow town meeting action.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 30: Roadway Acceptances

To see if the Town will accept the layout of certain Town ways below described, made by the Board of Selectmen under the provisions of M.G.L. c. 79, § 21 through 24, and any other enabling statute, filed in the Office of the Town Clerk with the plans there mentioned and are referred to for more particular description, and raise and appropriate any money that may be necessary, and determine how such money shall be expended for the payment of any damages, if any, and the layouts being substantially as follows:

  • Anderson Drive shown on plan titled Stonebridge Estates A Definite Subdivision In Tyngsboro, MA for Tyngsboro, MA dated Nov. 1988, Revised 01/27/1989, prepared for West-East Land Development by DiPrete-Marchionda & Assoc., Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 172, Plan No. 41. The layout of a Town way substantially in the location of a private way known as Anderson Drive.
  • Apollo Drive shown on plan titled Definite Subdivision Plan of Pine Hill Estates II (Phase II) in Tyngsborough, Massachusetts dated March 17, 1994, prepared for Prestige Homes Trust by Merrimack Engineering Services, recorded at the Middlesex North District Registry of Deeds in Plan Book 191, Plan No. 120. The layout of a Town way substantially in the location of a private way known as Apollo Drive.
  • Appaloosa Circle shown on plan titled Definite Subdivision plan Chestford Acres Tyngsborough, Massachusetts, dated 12/10/1993, Revised 03/10/1994, prepared for Village Concepts, Inc., by Meisner Bren Corporation, recorded at the Middlesex North District Registry of Deeds in Plan Book 185, Plan No. 32. The layout of a Town way substantially in the location of a private way known as Appaloosa Circle.
  • Arabian Way shown on plan titled Definite Subdivision plan Chestford Acres Tyngsborough, Massachusetts, dated 12/10/1993, Revised 03/10/1994, prepared for Village Concepts, Inc., by Meisner Bren Corporation, recorded at the Middlesex North District Registry of Deeds in Plan Book 185, Plan No. 32. The layout of a Town way substantially in the location of a private way known as Arabian Way.
  • Bessie Lane shown on plan titled Definite Subdivision Plan of Pine Hill Estates II (Phase II) in Tyngsborough, Massachusetts dated March 17, 1994, prepared for Prestige Homes Trust by Merrimack Engineering Services, recorded at the Middlesex North District Registry of Deeds in Plan Book 191, Plan No. 120. The layout of a Town way substantially in the location of a private way known as Bessie Lane.
  • Bishop Drive shown on plan titled “Scribner Heights” Definite Subdivision of Land in Tyngsborough, Mass. dated September 1986, prepared for Scribner Heights Development Corporation by Charles A. Perkins Co., Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 158, Plan No. 39. The layout of a Town way substantially in the location of a private way known as Bishop Drive.
  • Brookside Road shown on plan titled Definitive Plan of Rolling Acres in Tyngsborough, Mass dated March 1986, prepared for Richard J. Ludwig & Assoc. by for Sunny Meadows Homes, Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 156, Plan No. 137. The layout of a Town way substantially in the location of a private way known as Brookside Road.
  • Buck Hill Road shown on plan titled Phase I Deer Run “Definitive” Subdivision Plan of Land in Tyngsborough, Middlesex County, Mass. dated 10/05/1987, prepared for Arrowhead Corp. by Village Engineering & Surveying, recorded at the Middlesex North District Registry of Deeds in Plan Book 161, Plan No. 143 and Phase II Deer Run “Definitive” Subdivision Plan of Land in Tyngsborough, Middlesex County, Mass. dated 02/09/1988, prepared for Arrowhead Corp. by Village Engineering & Surveying, recorded at the Middlesex North District Registry of Deeds in Plan Book 164, Plan No. 41. The layout of a Town way substantially in the location of a private way known as Buck Hill Road.
  • Danforth Road shown on Plan titled “Danforth Woods” at Tyngsborough Definitive Plan in Tyngsborough, Mass., dated Revised May 1, 2002, prepared for The Prime Group, Inc. by Bill Boston Survey, Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 209, Plan No. 26. The layout of a Town way substantially in the location of a private way known as Danforth Road.
  • Fieldstone Circle shown on plan titled Plan of Land Twin Oak Estates Fieldstone Circle Tyngsborough, MA, dated 12/10/2002, Revised 04/09/2003, prepared for Patrick Sands & Barry Dick by Robert P. Morris & Associates, recorded at the Middlesex North District Registry of Deeds in Plan Book 211, Plan No. 64. The layout of a Town way substantially in the location of a private way known as Fieldstone Circle.
  • Heather Way shown on plan titled Plan of Land the Highlands in Tyngsborough, MA dated 01/24/1997, revised 04/09/1997, prepared for Applewood Construction Corp. by Marchionda & Associates, Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 195, Plan No. 65. The layout of a Town way substantially in the location of a private way known as Heather Way.
  • Highland Street shown on titled Plan of Land the Highlands in Tyngsborough, MA dated 01/24/1997, revised 04/09/1997, prepared for Applewood Construction Corp. by Marchionda & Associates, Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 195, Plan No. 65. The layout of a Town way substantially in the location of a private way known as Highland Street.
  • Jacques Road shown on plan titled Jacques Ridge in Tyngsboro, MA dated March 1987, Revised 01/27/1989, prepared for DeMauro Co., Inc. by DiPrete-Marchionda & Assoc., Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 172, Plan No. 42. The layout of a Town way substantially in the location of a private way known as Jacques Road.
  • Jefferson Drive shown on plan titled Subdivision Plan of Land Town Farm Estates in Tyngsborough, Middlesex County, Mass dated January 4, 1980, prepared for Winter Hill Realty Trust by Gabor Szava-Kovats, recorded at the Middlesex North District Registry of Deeds in Plan Book 132, Plan No. 35. The layout of a Town way substantially in the location of a private way known as Jefferson Drive.
  • Louis Avenue shown on plan titled Subdivision Plan of Land in Tyngsborough, Mass (Middlesex County), starting from the intersection of Helen Street, dated August 30, 1985, prepared for Flaherty Homes, Inc., by Malcolm P. Mc Dowell, P.E.-L.S., recorded at the Middlesex North District Registry of Deeds in Plan Book 150 Plan No. 13. The layout of a Town way substantially in the location of a private way known as Louis Avenue.
  • Morgan Way shown on plan titled Definite Subdivision plan Chestford Acres Tyngsborough, Massachusetts, dated 12/10/1993, Revised 03/10/1994, prepared for Village Concepts, Inc., by Meisner Bren Corporation, recorded at the Middlesex North District Registry of Deeds in Plan Book 185, Plan No. 32. The layout of a Town way substantially in the location of a private way known as Morgan Way.
  • Mustang Road shown on plan titled Definite Subdivision plan Chestford Acres Tyngsborough, Massachusetts, dated 12/10/1993, Revised 03/10/1994, prepared for Village Concepts, Inc., by Meisner Bren Corporation, recorded at the Middlesex North District Registry of Deeds in Plan Book 185, Plan No. 32. The layout of a Town way substantially in the location of a private way known as Mustang Road.
  • Richards Circle shown on plan titled Stonebridge Estates A Definite Subdivision In Tyngsboro, MA for Tyngsboro, MA dated Nov. 1988, Revised 01/27/1989, prepared for West-East Land Development by DiPrete-Marchionda & Assoc., Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 172, Plan No. 41. The layout of a Town way substantially in the location of a private way known as Richards Circle.
  • Roberge Drive shown on plan titled “Scribner Heights” Definite Subdivision of Land in Tyngsborough, Mass. dated September 1986, prepared for Scribner Heights Development Corporation by Charles A. Perkins Co., Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 158, Plan No. 39. The layout of a Town way substantially in the location of a private way known as Roberge Drive.
  • Shetland Circle shown on plan titled Definite Subdivision plan Chestford Acres Tyngsborough, Massachusetts, dated 12/10/1993, Revised 03/10/1994, prepared for Village Concepts, Inc., by Meisner Bren Corporation, recorded at the Middlesex North District Registry of Deeds in Plan Book 185, Plan No. 32. The layout of a Town way substantially in the location of a private way known as Shetland Circle.
  • Snay Circle shown plan titled Compiled – Definite Plan of Land in Tyngsborough, MA, dated 12/12/1985, prepared for Keith Caples by Fleming, Bienvenu & Associates, Inc., recorded at the Middlesex North District Registry of Deeds in Plan Book 153, Plan No. 43. The layout of a Town way substantially in the location of a private way known as Snay Circle.
Submitted by: Board of Selectmen

EXPLANATION:  The Town currently plows, sands, and performs general maintenance on these 21 streets; however, the Town can’t receive any Chapter 90 roadway improvement funding through the Mass Department of Transportation until the roads are officially accepted by Town Meeting. By accepting these streets, the Town will gain access to additional State funding to perform much needed repairs.

Board of Selectmen: 5-0-0 In Favor
Finance Committee:  4-0-1 In Favor
Vote Required:  Majority Vote
Article 31: Amend Town Bylaws to add Televising of Public Meetings

To see if the Town will vote to amend the Town Bylaws by adding the below as Article XLVII; or to take any other action relative thereto.

ARTICLE XLVII: Televising of Public Meetings All regular public meetings of Tyngsborough Boards, Committees and Commissions shall be held in a Media designated room so they may be recorded for rebroadcast and archival unless emergency, technical or scheduling conflicts suspend the requirements hereof, as determined by the Town Administrator or his or her designee. Boards, Committees and Commissions should make every reasonable effort to ensure there are no scheduling conflicts to prevent recording of their meetings.

The Town Administrator or his or her designee shall determine the necessity to record sub-committee, work session, or site visit meetings and if required shall coordinate and schedule an appropriate Media designated room.

If there is a scheduling conflict with the use of a meeting room, the Town Administrator or his or her designee shall have the discretion to determine which Board, Committee or Commission shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting Law, M.G.L. c. 30A, SS18-25. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting or to take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION: This article advises the Town Administrator and Media Department to record public meetings of Tyngsborough Boards, Committees and Commissions and requires that meetings be held in a Media designated room so they may be recorded for rebroadcast and archival unless emergency, technical or scheduling conflicts occur.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 32: Personnel Bylaw

To see if the Town will vote to rescind the Personnel Bylaw and replace it with the following new Personnel Bylaw; and to authorize non-substantive changes to the numbering of the bylaw in order that it be in compliance with the numbering format of the Town’s Bylaws; or to take any other action relative thereto.

ARTICLE XLIV PERSONNEL BY-LAW

SECTION 1. Purpose and Intent.
Pursuant to Chapter 41, Sections 108A and 108C of the Massachusetts General Laws, the purpose of this article is to establish fair and equitable personnel policies and a system of personnel administration based on merit principles that ensure uniform, efficient application of those policies.

SECTION 2. Application.
All employees of the Town, including employees of appointed or elected boards, shall be subject to the provisions of this article and personnel policies adopted pursuant thereto. To the extent that the terms of any collective bargaining agreement or employment contract entered into by the Board of Selectmen conflict with any provision of this article or personnel policies adopted pursuant thereto, the provisions of the collective bargaining agreement or employment contract entered into by the Board of Selectmen shall prevail.

SECTION 3. Personnel Administration.
The Board of Selectmen, or its designee, shall be responsible for the administration of the personnel system and development of a human resources system which meets the needs of the Town. In this capacity, the Board of Selectmen shall have the authority (or other officials with specific statutory authority) to carry out the following functions, including, but not limited to:

a. Appointment and removal of employees (excluding employees who by statute are appointed by officials other than the Board of Selectmen)
b. Annual review of compensation and benefits
c. Development of methods and standards for selection and appointment of personnel
d. Development and administration of performance standards
e. Supervision of performance appraisals
f. Other functions as circumstances necessitate

SECTION 4. Personnel System.
The personnel policies adopted pursuant to this article shall establish a personnel system administered by the Town Administrator, which shall include, but need not be limited to, the following elements:

a. Method of administration: a system which assigns responsibility for the personnel system, including maintenance of personnel records, implementation of effective recruitment and selection processes, maintenance of the classification and compensation plans, oversight of the application of policies, and periodic review and evaluation of the personnel system
b. Recruitment and selection policies
c. Central record keeping system
d. Rights and obligations of employees
e. Other elements of a personnel system as deemed appropriate and necessary

SECTION 5. Adoption of Policies.
The Board of Selectmen, or its designee, shall be empowered and authorized by this article to adopt personnel policies and regulations that modify the rights, benefits and obligations of employees subject to this article. The Board of Selectmen will hold a public hearing at least two (2) weeks and not more than two (2) months before the final adoption and/or revision of the Town’s personnel policies in accordance with Chapter 41, Section 108A of the Massachusetts General Laws.

SECTION 6. Severability.
The provisions of this article and the policies adopted pursuant thereto are severable. In the event, any provision of this article or any policy adopted pursuant thereto is held invalid, the remaining provisions of the article or policy shall remain in full force and effect.

SECTION 7. Effective Date.
This article shall take effect on July 1, 2017.

Submitted by: Board of Selectmen

EXPLANATION:  The current personnel bylaw was adopted 27 years ago, on May 15, 1990, and has not been revised since 1993. When adopted, the bylaw covered the benefits and personnel procedures for nearly all Town employees. Since that time, nearly all Town employees have entered into Union collective bargaining agreements that define the benefits previously covered by the bylaw.

The employees predominantly affected by this change are the Admin. Assistant to the Selectmen, Police Admin. Assistant, Media Director, IT Administrator, Firefighters and temporary employees.

This article proposes to remove the current bylaw in its entirety and replace it with a bylaw that allows for the Board of Selectmen and Town Administrator to manage a Personnel Policy that may be amended through a public hearing process at an open meeting of the Board of Selectmen.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 33: Fire Department

To see if the Town will vote to accept the provisions of G.L. c. 48, § 42 to become effective July 1, 2018; or to take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION:  This article accepts the provisions of G.L. c. 48 Section 42 which establishes a Strong Fire Chief position, effective July 1, 2018. The Fire Chief would assume the responsibilities of running the Fire Department that are currently the responsibilities of the Board of Fire Engineers. Upon passage, the Board of Selectmen obtain the appointing authority of the Fire Chief, and may remove the Chief for Cause, after a hearing; the Chief gains the authority to appoint officers & Fire Fighters and the Chief may remove them for cause; the Chief gains the authority to make regulations for the Fire Department. These functions are currently held by the Board of Fire Engineers, which would be abolished effective July 1, 2018.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 34: Street Opening Bylaw

To see if the Town will vote to amend the Article XXVII Streets and Sidewalks of the Town Bylaw by adding the following language:

SECTION 2: PERMIT

2.3) No road shall be opened within the first five (5) years of resurfacing, or in the case of a new road, eight (8) years after completion, without the approval of the Board of Selectmen.

2.4) The Board may require surety satisfactory to the Board prior to issuing a street opening permit.

or to take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION:  This bylaw would prevent street openings within the first 5 years of resurfacing, or in the case of a new road, 8 years after completion, unless prior approval is granted by the Board of Selectmen. The Board of Selectmen may also require a surety to ensure that patching of a street opening is performed in a satisfactory manner.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 35: Marijuana

To see if the Town will vote to amend the Tyngsborough Zoning Bylaw by adding a new section:

Summary: The passage at the State election on November 8, 2016, approving a law regulating the cultivation, distribution, possession and use of marijuana for recreational purposes did not provide the Town with adequate time to evaluate the impacts the law. This moratorium will allow the Town the necessary time to evaluate the law and its impacts on public safety, public health, and zoning issues.

6.00.00 INTERIM RESTRICTION/MORATORIUM FOR RECREATIONAL MARIJUANA ESTABLISHMENTS

6.10.00 Purpose.

6.10.01 By vote at the State election on November 8, 2016, the voters of the Commonwealth approved a law known as The Regulation and Taxation of Marijuana Act, regulating the cultivation, distribution, possession and use of marijuana for recreational purposes. The law provides that it is effective on December 15, 2016, and the Cannabis Control Commission is required to issue regulations regarding implementation by September 15, 2017, which was extended to March 15, 2018. (Section 11 of Chapter 351 of the Acts of 2016).

6.10.02 Currently under the Zoning Bylaw, Recreational Marijuana Establishments and Marijuana Retailers are not a permitted use in the Town and any regulations promulgated by the State Cannabis Control Commission are expected to provide guidance to the Town in regulating Recreational Marijuana Establishments and Marijuana Retailers.

6.10.03 The regulation of Recreational Marijuana Establishments and Marijuana Retailers raise novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and Marijuana Retailers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments and Marijuana Retailers and other uses related to the regulation of recreational marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments and Marijuana Retailers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to adopt provisions of the Zoning Bylaw in a manner consistent with sound land use planning goals and objectives.

6.2.00 Definitions.
Definitions under this moratorium include:

"Manufacture", to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

"Marijuana accessories", equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.

"Marijuana cultivator", an entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.

"Marijuana establishment", a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.

"Marijuana product manufacturer", an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

"Marijuana products", products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

"Marijuana testing facility", an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.

"Marijuana retailer", an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.

6.30.00. Temporary Moratorium.
6.30.01 For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town adopts a temporary moratorium on the use of land or structures for Recreational Marijuana Establishments and Marijuana Retailers. The moratorium shall be in effect through December 31, 2018. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments and Marijuana Retailers and related uses, determine whether the Town shall restrict any, or all, licenses for Recreational Marijuana Establishments and Marijuana Retailers and shall consider adopting new provisions of the Zoning Bylaw to address the impact and operation of Recreational Marijuana Establishments and Marijuana Retailers and related uses.

6.40.00 Severability.
6.40.01 The provisions of this Bylaw are severable. If any provision, paragraph, sentence, or clause of this Bylaw or its application to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Bylaw.

or to take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION:  The Cannabis Control Commission has until March 15, 2018 to issue its regulations on retail sales of marijuana. This article creates a moratorium that will allow the Town until December 31, 2018 to establish local rules and procedures and to undergo a planning strategy. This is the same process the town underwent to create reasonable restrictions on medical marijuana sales.  

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Planning Board: 5-1-0 In Favor
Vote Required: Two-thirds (2/3) Vote
Article 37: Zoning Amendment Residential to Industrial

To see if the town will vote to amend the zoning map from Residential One (R1) to Industrial One (I1) WITH RESPECT TO A CERTAIN PARCEL OF LAND KNOWN AS 11 Cummings Road, Tyngsborough, Massachusetts 01879 or taken any other action relative thereto. The property is more particularly described in a Deed to George R. McGovern, Jr., Trustee of the GRM Realty Trust recorded at Book 4806, Page 229 on February 16, 1989 and in a Deed to Hugh E. McGovern et al recorded at Book 1916, Page 537 on March 26, 1970 both in the North Middlesex District Registry of Deeds. The property is further depicted on a certain plan dated March 23, 1990 prepared by H-Star Engineering, Inc. entitled “Plan of Land, Cummings Road, Tyngsboro, MA.” The land subject to rezoning is the portion of the 55.19 acres located in Tyngsborough as depicted on the Plan.

Submitted by: Peter Nicosia, et al

EXPLANATION: To be provided by the petitioner.

Board of Selectmen: No Action Taken
Finance Committee: No Action Taken
Planning Board: In Favor
Vote Required: Two-thirds (2/3) Vote
Article 38: Fund Salary of Town Clerk

To see if the town will vote to raise and appropriate, appropriate by transfer from available funds, and/or appropriate by transfer from one or more municipal government accounts the sum of $63,450 to fund the salary of the Town Clerk or take any other action thereto.

Submitted by: Gene Spickler, et al
EXPLANATION: To be provided by the petitioner.

Board of Selectmen: No Action Taken
Finance Committee: 3-1-0 Not In Favor
Vote Required: Majority Vote
Article 39: Recall Elected Officials

To see if the town will vote to authorize the Board of Selectmen to seek special legislation authorizing recall of elected officials in the Town; provided that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the General Court; and provide further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition, or to take any other action relative thereto.

AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN OF TYNGSBOROUGH
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION l.
Any holder of an elective office in the Town of Tyngsborough may be recalled therefrom by the qualified voters of the town herein provided.

SECTION 2.
Any qualified voter of the town may make and file with the Town Clerk as affidavit containing the name of the officer sought to be removed and a statement of the grounds of removal. Said Town Clerk shall thereupon deliver to the voters making such affidavit a sufficient number of copies of petition blanks demanding such recall. Said blanks shall be issued by the Town Clerk with his or her signature and official seal attached thereto; they shall be dated and addressed to the selectmen of said town, shall contain the name of the person to whom issued, the number of blanks so issued, the name of the person sought to be recalled, the office from which recall is sought, the grounds of recall as stated in said affidavit, and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the Town Clerk. Said recall petition shall be returned and filed with the Town Clerk within thirty (30) days after the filing of the affidavit. Said petition before being returned and filed shall be signed by fifteen (15) per cent of the qualified voters, and to every signature shall be added the place of residence of the signer, giving the street and number. The recall petition shall be submitted, at or before five (5) o'clock in the afternoon of the Saturday preceding the day on which it must be filed, to the registrars of voters in the town, and the registrars shall forthwith certify thereon the number of signatures which are names of voters of said town.

SECTION 3.
If the petition shall be found and certified by the Town Clerk to be sufficient, he or she shall submit the same with his or her certificate to said selectmen without delay, and said selectmen shall forthwith give written notice to said officer of the receipt of the certificate and shall, if the officer sought to be removed does not resign within five (5) days thereafter, thereupon order an election to be held on a Tuesday fixed by them not less than sixty (60) nor more than seventy (70) days after the date of the Town Clerk’s certificate that a sufficient petition is filed; provided, however, that if any other town election is to occur within ninety (90) days after the date of the said certificate, the selectmen may, in their discretion, postpone the holding of the removal election to the date of such other election. If a vacancy occurs in said office after a recall election has been so ordered, the election shall nevertheless proceed in this section.

SECTION 4.
Any officer sought to be recalled may be a candidate to succeed him or herself and, unless he or she requests otherwise in writing, the Town Clerk shall place his or her name on the official ballot without nomination. The nomination of other candidates, the publication of the warrant for a recall election, and the conduct of the same, shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this act. A majority of those voting at the recall election shall be sufficient to recall such elected officer; provided, however, that at least thirty (30) per cent of those persons qualified to vote, do so.

SECTION 5.
The incumbent shall continue to perform the duties of his or her office until the recall election. If then re-elected, he or she shall continue in office for the remainder of his or her unexpired term, subject to recall as before, except as provided in Section Seven. If not re-elected in the recall election, he or she shall be deemed removed upon qualification of his or her successor, who shall hold office during the unexpired term. If the successor fails to qualify within five (5) days after receiving notification of his or her election, the incumbent shall thereupon be deemed removed and the office vacant.

SECTION 6.
Ballots used in a removal election shall submit the following propositions in the order indicated:

For the removal of (name of officer)
Against the removal of (name of officer)


Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X) may vote for either of such propositions. Under the proposition shall appear the word “Candidates” and the direction “Vote for one” and beneath this the names of candidates nominated as herein before provided.

If a majority of the votes case on the recall question is in the affirmative, then the candidate that received the highest number of votes in the special election to fill the vacancy shall be elected. If a majority of the votes in the question is in the negative, the ballots for candidates to fill the potential vacancy need not be counted.

SECTION 7.
No removal petition shall be filed against an officer within six (6) months after he or she takes office nor within three (3) months of the end of his or her term nor in the case of an officer subjected to a recall election and not removed thereby, until at least three (3) months after that election.

SECTION 8.
No person who has been removed from an office or who has resigned from office while removal proceedings were pending against him or her, shall be appointed to any town office within two (2) years after such removal or resignation.

SECTION 9.
This act shall take effect upon its passage

Submitted by: Kayal Patel, et al

EXPLANATION: To be provided by the petitioner.

Board of Selectmen: No Action Taken
Finance Committee: 4-0-0 Not In Favor
Vote Required: Majority Vote

2017 Special Town Meeting Articles

Article 1: Approve Payment of Prior Year Unpaid Bills

To see if the Town will vote to appropriate by transfer from Fiscal Year 2017 departmental appropriations the following amounts to pay prior years’ bills, or to take any other action relative thereto.

Prior Year Invoices/Vendor Amount Department
FY16 Nutter, McClennen & Fish, LLP $3,489.99 Sewer Department
FY16 WB Mason $80.72 Treasurer Department


Submitted by: Board of Selectmen

EXPLANATION:  Any prior fiscal year unpaid bills must be approved by Town Meeting in order to be processed for payment. All listed bills will be paid from the current year’s budget; no additional appropriation is needed. This type of Article has a special voting requirement of 9/10th at a Special Town Meeting.

Board of Selectmen:       5-0-0 In Favor
Finance Committee:       5-
0-0 In Favor Vote Required: Nine-tenths (9/10)
Article 2: Transfer of Funds

To see if the Town will vote to appropriate by transfer from Free Cash the sum of $182,721.00 to supplement the Tyngsborough School Budget for fiscal year 2017 to be expended by the School Committee. Said amount represents reimbursements made through June 30, 2016 from the Municipal Medicaid Program for school services provided to eligible residents, or take any other action relative thereto.

Submitted by: Board of Selectmen and School Committee

EXPLANATION: This article transfers $182,721.00 from free cash to the School Department to reimburse the departments Municipal Medicaid Program costs. This reimbursement is factored into the School Department budget each year.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 3: Snow & Ice Deficit

To see if the Town will vote to appropriate by transfer the sum of $289,196 from Free Cash to fund the General Fund’s Snow & Ice accounts, or to take any other action relative thereto.

Submitted by: Board of Selectmen

EXPLANATION: The annual cost of snow and ice removal for town roads fluctuates each year. The town annually requests approval to use free cash to cover any deficit created in this line item.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 4-0-0 In Favor
Vote Required: Majority Vote
Article 4: Appropriation – Capital Improvements for Fiscal Year 2017

To see if the Town will vote to transfer from Free Cash the sum of $95,700.00, and that the Town be authorized to accept any available grant dollars, for the following purposes:

Dept. Project Not to Exceed Expended by
Police Replace Police Cruisers $84,000 Board of Selectmen
Police Replace Cruiser Radios $11,700 Board of Selectmen
Total $95,700
 

for a total of $95,700.00, or take any other action relative thereto.

Submitted by: Board of Selectmen and Capital Asset Management Committee

EXPLANATION: Capital improvement projects are major, non-routine expenditures for new construction, major equipment purchase, or improvement to existing buildings, facilities, land or infrastructure with an estimated useful life of five years or more. The Police cruisers and cruiser radios are being requested through the Special Town Meeting so the Police Department can order them in May, rather than wait until July 1st. At the beginning of the fiscal year starting July 1st, numerous police departments across the state purchase vehicles at the same time, creating a lengthy delay in the lead time for delivering the vehicles.

Board of Selectmen: 5-0-0 In Favor
Finance Committee: 3-1-0 In Favor
Vote Required: Majority Vote