May 5, 2008 Annual Town Meeting

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Town Moderator Timothy Goddard called the meeting to order.

Consent Calendar: Motion made and seconded to approve the following articles with motions as proposed: Articles 1, 3, 5, 6, 7, 16, 17, 18, 19, 21, 26, 27, 28, and 29.  Declared passed by a unanimous vote. 

Article 1 - Board of Selectmen - Town Officers

To choose all other necessary Town Officers and Committees.

Motion: Moved and seconded by the Board of Selectmen that the following Officers be chosen for the year 2008: Fence Viewers: William Farnsworth, Timothy Harrison Whitcomb, Joseph Knox; Field Drivers: Raymond C. O'Neil; Surveyor of Timber & Measurer of Wood Bark: Henry Parlee; Measurers and Weighers of Grain, Hay, Coal and Livestock: Arthur D. Keown, Janet Keown, Ralph McNiff

Board of Selectmen supports Article 1.

[Consent Calendar Article: approved by unanimous vote]

Article 2 - Board of Selectmen - Annual Report

To hear and act upon the reports of the Town Officers and Committees.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept all printed reports of Town Officers and Committees as published in the 2007 Annual Town Report.

Board of Selectmen supports Article 2.

So voted unanimously.

Article 3 - Board of Selectmen - Borrowing Authorization

To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 2008, in accordance with the provisions of Chapter 44, Section 4 of the General Laws, and to issue a note or notes as may be given for a period of less than one (1) year, in accordance with Chapter 44, Section 17 of the General Laws, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to authorize the Town Treasurer, with the approval of the Board of Selectmen to borrow money and issue notes as set forth in Article 3 as printed in the warrant..

Finance Committee supports Article 3. Board of Selectmen supports Article 3.

[Consent Calendar Article: approved by unanimous vote]

Article 4 - Board of Selectmen/Finance Committee - FY 2009 Operating Budget

To see if the Town will vote to raise and appropriate, transfer from available funds in the treasury or transfer from the Enterprise and Trust Funds, such sums of money to defray the expenses of the various departments of the Town and to fix the salary and compensation of all elected officials for the Fiscal Year beginning July 1, 2008, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate the sum of $28,950,079, transfer from Free Cash the sum of $629,976, transfer from Overlay Surplus the sum of $55,000, and transfer $29,000 from the following old article balances: $16,250.00 from11/5/07 STM Article 3, Minuteman Tech bill, $5,000.00 from 11/14/06 STM Article 11, Long Lake Septic Design, $5,878.51 from 2/11/00 STM Article 7, Jr/Sr HS Architect fees, $1,871.49 from 5/8/06 ATM Article 5, Salary adjustments, for a total of $29,664,055, to defray the expenses of the various departments of the Town and to fix the salary and compensation of all elected officials for the Fiscal Year beginning July 1, 2008.

Line

BUDGET COST CENTER

FY 2007 Actual

FY 2008 Budget

FY 2009 Proposed

GENERAL GOVERNMENT

1

Town Reports/Town Meeting

7,000

7,000

5,000

2

Moderator

100

100

100

3

Selectmen - Salaries & Wages

124,791

136,001

152,810

4

Selectmen - Elected Wages

0

0

0

5

Selectmen - Operating Expenses

17,634

14,100

17,600

6

Selectmen Total

142,425

150,101

170,410

7

Finance Committee - Wages

0

0

0

8

Finance Committee - Expenses

165

1,000

500

9

Finance Committee Total

165

1,000

500

10

Town Accountant - Salaries & Wages

95,728

113,615

123,865

11

Town Accountant - Expenses

7,934

7,000

7,000

12

Town Accountant - Audit Expense

31,750

22,450

22,450

13

Town Accountant Total

135,412

143,065

153,315

14

Board of Assessors - Salaries & Wages

127,610

135,828

143,775

15

Board of Assessors - Expenses

3,933

6,700

6,673

16

Board of Assessors Total

131,543

142,528

150,448

17

Treasurer Salaries & Wages

98,332

109,547

123,154

18

Treasurer Expenses

24,231

6,800

7,800

19

Treasurer Tax Title Expenses

4,082

12,000

12,000

20

Treasurer Total

126,645

128,347

142,954

21

Collector Salaries & Wages

54,094

63,960

67,219

22

Collector Expenses

10,500

13,800

13,800

23

Collector Total

64,594

77,760

81,019

24

Town Counsel - Total Expenses

146,565

100,000

100,000

25

IT Salaries & Wages

0

64,500

64,500

26

IT Expenses

0

68,850

72,350

27

IT Total

0

133,350

136,850

28

Town Clerk - Salaries & Wages

56,790

57,636

61,660

29

Town Clerk – Expenses

1,196

1,500

1,500

30

Town Clerk Total

57,986

59,136

63,160

31

Elections & Registration –Salaries/ Wages

4,959

0

0

32

Elections & Registration - Expenses

8,477

8,200

9,700

33

Elections & Registration Total

13,436

8,200

9,700

34

Conservation Commission Salaries/Wages

14,209

15,683

15,683

35

Conservation Commission Expenses

20

1,726

1,000

36

Conservation Commission Total

14,229

17,409

16,683

37

Planning Board Salaries & Wages

36,528

40,957

42,110

38

Planning Board Expenses

752

1,225

1,175

39

Planning Board Total

37,280

42,182

43,285

40

Board of Appeals Salaries & Wages

5,253

5,638

5,638

41

Board of Appeals Expenses

1,714

1,200

1,200

42

Board of Appeals Total

6,967

6,838

6,838

43

Public Buildings - Salaries & Wages

22,253

39,538

42,282

44

Public Buildings – Expenses

312,500

232,300

229,556

45

Public Buildings Total

334,753

271,838

271,838

46

Central Communications

76,256

60,000

60,000

47

MAGIC Funding

1,600

1,600

1,600

TOTAL GENERAL GOVERNMENT

1,296,956

1,350,453

1,413,700

Percent Increase Over Prior Year

25.61%

4.12%

4.68%

PUBLIC SAFETY

48

Police Department - Salaries & Wages

1,059,339

1,113,434

1,192,368

49

Police Department – Expenses

72,752

96,528

86,408

50

Police Department Total

1,132,091

1,209,962

1,278,776

51

Crossing Guard

10,000

10,000

52

Fire Department - Salaries & Wages

428,868

438,510

438,522

53

Fire Department – Expenses

38,043

41,471

41,470

54

Fire Department Total

466,911

479,981

479,992

55

Building Commissioner – Salaries/Wages

78,802

87,748

92,311

56

Building Commissioner - Expenses

1,950

5,480

3,380

57

Inspectional Services Total

80,752

93,228

95,691

58

Communications Dept -Salaries/Wages

229,652

243,125

253,269

59

Communications Dept - Expenses

19,293

19,602

18,402

60

Communications Department Total

248,945

262,727

271,671

61

Emergency Management Agency

1,000

1,000

1,000

TOTAL PUBLIC SAFETY

1,929,699

2,056,898

2,137,130

Percent Increase Over Prior Year

-3.97%

6.59%

3.90%

EDUCATION

62

Nashoba Valley Technical School

426,573

597,964

565,875

63

Nashoba Valley Technical School Total

426,573

597,964

565,875

64

Littleton School Department

13,058,998

13,610,489

14,520,000

65

Littleton School Department Total

13,058,998

13,610,489

14,520,000

EDUCATION TOTAL

13,485,571

14,208,453

15,085,875

Percent Increase Over Prior Year

6.59%

5.36%

6.18%

PUBLIC WORKS SERVICES

66

Street Lights

0

30,070

30,070

67

DPW - Highway Division – Salaries/Wages

626,497

715,338

715,338

68

DPW - Highway Division - Expenses

422,710

439,022

462,700

69

DPW - Highway Division Total

1,049,207

1,154,360

1,178,038

70

DPW - Wastewater Management

71,978

46,200

50,000

71

DPW - Roadway Repairs/Improvements

275,000

480,000

72

Cemetery Division - Salaries & Wages

92,114

97,112

104,372

73

Cemetery Division – Expenses

26,769

27,700

25,025

74

Cemetery Division Total

118,883

124,812

129,397

75

Snow Removal - Salaries & Wages

60,965

64,393

64,393

76

Snow Removal – Expenses

142,310

61,472

81,472

77

Snow Removal Total

203,275

125,865

145,865

78

B&M Crossing Assessment

2,806

2,806

2,806

TOTAL PUBLIC WORKS SERVICES

1,446,149

1,759,113

2,016,176

Percent Increase Over Prior Year

3.49%

21.64%

14.61%

HEALTH & HUMAN SERVICES

79

Board of Health - Salary & Wages

22,604

25,922

26,540

80

Board of Health – Expenses

1,235

1,235

1,235

81

Board of Health - Nashoba Health District

21,027

20,415

21,650

82

Board of Health Nashoba Nursing Service

8,182

7,944

8,250

83

Board of Health - Eliot Clinic

3,780

3,780

3,780

84

Board of Health Total

56,828

59,296

61,455

85

Animal Inspector - Salary & Wages

1,300

1,300

1,300

86

Animal Inspector – Expenses

0

0

0

87

Animal Inspector Total

1,300

1,300

1,300

88

Council on Aging - Salary & Wages

50,375

51,513

55,432

89

Council on Aging – Expenses

14,943

16,389

13,416

90

Council on Aging Total

65,318

67,902

68,848

91

Veterans' Services - Salary & Wages

5,000

5,000

5,000

92

Veterans' Services – Expenses

635

750

750

93

Veterans' Services – Benefits

6,080

12,000

12,000

94

Veterans' Services Total

11,715

17,750

17,750

HEALTH & HUMAN SERVICES TOTAL

135,161

146,248

149,353

Percent Increase Over Prior Year

5.68%

8.20%

2.12%

CULTURE & RECREATION

95

Library - Salary & Wages

320,656

339,797

351,119

96

Library - Expenses

62,100

65,700

64,800

97

Merrimack Valley Library Consortium

26,011

27,138

28,552

98

Reuben Hoar Library Total

408,767

432,635

444,471

99

Recreation Committee - Salary & Wages

73,537

76,875

76,875

100

Recreation Committee - Expenses

2,963

2,963

2,963

101

Recreation Committee Total

76,500

79,838

79,838

102

DPW Park Maintenance - Expenses

21,422

26,960

103

DPW Park Maintenance Total

21,422

26,960

104

Historical Commission - Salary & Wages

0

0

0

105

Historical Commission - Expenses

700

1,500

700

106

Historical Commission Total

700

1,500

700

107

Memorial Day - Expenses

500

500

500

108

Patriots Day - Expenses

50

50

50

TOTAL CULTURE & RECREATION

486,517

535,945

552,519

Percent Increase Over Prior Year

-0.21%

10.16%

3.09%

FIXED COSTS

109

Gasoline Expense

88,851

100,000

100,000

110

Insurance Expense

278,834

316,250

316,250

111

FRINGE BENEFITS

112

F.I.C.A. (Medicare)

160,269

161,120

170,000

113

Longevity

0

11,650

13,900

114

Unemployment Premium Payment

0

50,000

50,000

115

Group Health & Life Insurance Premiums

1,936,997

2,335,628

2,110,000

116

County Retirement

901,436

927,440

1,020,666

117

TOTAL FRINGE BENEFITS

2,998,702

3,485,838

3,364,566

TOTAL FIXED COSTS

3,366,387

3,902,088

3,780,816

Percent Increase Over Prior Year

3.68%

15.91%

-3.11%

RESERVE FUND

118

Reserve Fund

150,000

150,000

150,000

TOTAL OPERATING BUDGET

22,296,440

24,109,198

25,285,569

Percent Increase Over Prior Year

6.33%

8.13%

4.88%

DEBT SERVICE

119

Short Term Interest Total

375,104

626,802

211,000

120

Long Term Debt Total

3,736,695

3,571,280

4,167,486

DEBT SERVICE TOTAL

4,111,799

4,198,082

4,378,486

Percent Increase Over Prior Year

5.34%

2.10%

4.30%

TOTAL BUDGET APPROPRIATED

26,408,239

28,307,280

29,664,055

Percent Increase Over Prior Year

6.18%

7.19%

4.79%

Finance Committee supports Article 4.

Board of Selectmen supports Article 4.

Declared passed by a majority vote. So voted.

Article 5 - Board of Electric Light Commissioners - Electric Light Operating Budget

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, a sum or sums of money, for electricity to be used for street lighting, and that the sum and income from the sale of electricity to private consumer and/or the electricity supplied to municipal buildings and from sales of appliances and jobbings during the current fiscal year, be appropriated for the Municipal Light Plant, the whole to be expended by the Manager of the Municipal Light Plant under the direction and control of the Electric Light Board for expenses of the plant for the fiscal year, as defined in Chapter 164, Section 57 of the General Laws, including out-of-state travel, and if said sum and said income shall exceed as the Electric Light Board may determine, it shall be transferred to the Construction Fund or other so designated account of said plant and appropriated for such additions thereto as may be authorized by the Electric Light Board and the balance of said excess shall be returned to the Town Treasurer, or take any other action relative thereto.

Motion: Moved and seconded by the Board of Electric Light Commissioners that the Town vote that the income from the sale of electricity to private consumer and/or the electricity supplied to municipal buildings and from sales of appliances and jobbings during the current fiscal year, be appropriated for the Municipal Light Plant, the whole to be expended by the Manager of the Municipal Light Plant under the direction and control of the Electric Light Board for expenses of the plant for the fiscal year, as defined in Chapter 164, Section 57 of the General Laws, including out-of-state travel, and if said sum and said income shall exceed as the Electric Light Board may determine, it shall be transferred to the Construction Fund or other so designated account of said plant and appropriated for such additions thereto as may be authorized by the Electric Light Board and the balance of said excess shall be returned to the Town Treasurer.

Finance Committee supports Article 5. Board of Electric Light Commissioners supports Article 5. Board of Selectmen supports Article 5.

[Consent Calendar Article: approved by unanimous vote]

Article 6 - Board of Water Commissioners - Water Enterprise Fund Operating Budget

To see if the Town will vote to appropriate $1,839,637, or any other sum or sums of money from the Water Enterprise Fund to finance the operation of the Water Department for the fiscal year beginning July 1, 2008 (detail below),  or take any other action relative thereto.

I. Water Enterprise Revenues

User Charges

$1,739,637

Enterprise Available Funds

100,000

Investment Income

Total Revenues

$1,839,637

II. Costs Appropriated for the Enterprise Fund

Salaries and Wages

$584,053

Expenses

769,500

Capital Outlay – Equipment

0

Capital Outlay – Improvements

0

Reserve Fund

100,000

Debt Principal and Interest

386,084

Budgeted Surplus

0

Total Costs Appropriated for Enterprise Fund

$1,839,637

III. Costs Appropriated for General Fund to be Charged to the Enterprise Fund

Indirect Costs

$0

Benefits

0

Pension Costs

0

Total Costs Appropriated for the General Fund.

$0

Total Costs

$1,839,637

 

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate $1,839,637 from the Water Enterprise Fund to finance the operation of the Water Department for the fiscal year beginning July 1, 2008.

Finance Committee supports Article 6. Board of Water Commissioners supports Article 6. Board of Selectmen supports Article 6.

[Consent Calendar Article: approved by unanimous vote]

Article 7 - Board of Selectmen - Emergency Medical Services Enterprise Fund

To see if the Town will vote to appropriate $271,086, or any other sum or sums of money, from the Emergency Medical Services (EMS) Enterprise Fund to finance the operation of the EMS Department for the fiscal year beginning July 1, 2008 (detail below), or to take any other action in relation thereto.

I. EMS Enterprise Revenues

User Charges

$300,000

Enterprise Available Funds

-

Investment Income

5,000

Total Revenues

$305,000

II. Costs Appropriated for the Enterprise Fund

Salaries and Wages

$142,900

Expenses

84,925

Capital Outlay – Equipment

25,500

Capital Outlay – Improvements

Reserve Fund

15,000

Debt Principal and Interest

Budgeted Surplus

2,761

Total Costs Appropriated for Enterprise Fund

$271,086

III. Costs Appropriated for General Fund to be Charged to the Enterprise Fund

Indirect Costs

16,055

Benefits

9,055

Pension Costs

8,804

Total Costs Appropriated for General Fund

$33,914

Total Costs

$305,000

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate $271,086 from the Emergency Medical Services (EMS) Enterprise Fund to finance the operation of the EMS Department for the fiscal year beginning July 1, 2008.

Finance Committee supports Article 7. Board of Selectmen supports Article 7.

[Consent Calendar Article: approved by unanimous vote]

Article 8 - Board of Selectmen/Finance Committee - Capital Exclusion Items

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, and or borrow a sum or sums of money, to be expended by the respective Departments or Officers indicated, for the capital projects and purchases itemized and described below; each such amount to be provided contingent upon successful passage of a capital exclusion referendum pertaining thereto on a Town Ballot, or to take any other action in relation thereto.

A. Town Hall Roof Repairs: $96,000 to be expended by the Board of Selectmen for the purpose of repairing the Town Hall roof.

B. Fire Protective Gear: $65,000 to be expended by the Fire Department for the purpose of replacing and updating personal protective gear for the Fire Department.

C. Shaker Lane School: $30,000 to be expended by the School Committee for the purpose of replacing univent HVAC units at the Shaker Lane School.

D. School Technology: $30,000 to be expended by the School Committee for the purpose of purchasing new and replacement computer systems with printers and accessories for various school departments.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate the following sums of money to be expended by the respective Departments or Officers indicated, for the capital projects and purchases itemized and described below; provided, however, that each such appropriation shall take effect only if the Town votes to exempt from the limitation on total taxes imposed by Chapter 59, Section 21C of the General Laws (Proposition 2 ½) the amounts required to fund such appropriation:

A. Town Hall Roof Repairs: $96,000 to be expended by the Board of Selectmen for the purpose of repairing the Town Hall roof.

B. Fire Protective Gear: $65,000 to be expended by the Fire Department for the purpose of replacing and updating personal protective gear for the Fire Department.

C. Shaker Lane School: $30,000 to be expended by the School Committee for the purpose of replacing univent HVAC units at the Shaker Lane School.

D. School Technology: $30,000 to be expended by the School Committee for the purpose of purchasing new and replacement computer systems with printers and accessories for various school departments.

Finance Committee supports Article 8. Board of Selectmen supports Article 8.

Declared passed by a majority vote. So voted.

Article 9 - Board of Selectmen/Finance Committee - Capital Items from Available Funds

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, and or borrow a sum or sums of money, to be expended by the respective Departments or Officers indicated, for the capital projects and purchases itemized and described, or to take any other action in relation thereto.

A. Police Cruisers - leases: $54,000 to be expended by the Police Department for the purpose of leasing four (4) police cruisers. Said payment will cover the second year's payments of three-year leases for two vehicles, and the first year's payments of three-year leases for two additional vehicles.

B. Police office trailer lease: $13,000 to be expended by the Police Department for the purpose of leasing an office trailer for the Police Department. Said payment will cover the second year’s payment of a three-year lease.

C. Fire Equipment Maintenance: $16,000 to be expended by the Fire Department for the purpose of major equipment repairs and upkeep.

D. Fire Department Leased Vehicle: $6,000 to be expended by the Fire Department to lease a vehicle for Fire Department. Said payment will cover the second year’s payment of a five-year lease.

E. Highway Equipment Maintenance: $15,000 to be expended by the Highway Department for the purpose of major equipment repairs and upkeep.

F. Highway 1-Ton Dump Truck with Plow: $55,000 to be expended by the Highway Department for the purpose of purchasing a new 1 ton 4x4 vehicle with plow as a replacement for an existing vehicle.

G. Highway Lawnmower: $25,000 to be expended by the Highway Department for the purpose of purchasing a new Front Deck Lawnmower as a replacement for the existing 1989 John Deere.

H. Highway Sidewalk Plow: $45,000 to be expended by the Highway Department for the purpose of leasing a new sidewalk plow as a replacement for the existing 1973 Bombardier. Said payment will cover the first year’s payment of a three-year lease.

I. Town Technology: $16,000 to be expended by the Information Technology Department for the purpose of purchasing new and replacement computer systems and accessories for various Town Departments, including a replacement server and network router..

J. Long Lake Septic System: $15,000 to be expended by the Park & Recreation Commission for the purpose of installing a septic system at Long Lake.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate the total sum of $245,000 for Items A, B, C, D, E, F, G, H, and I in Article 9 as printed in the warrant.

Finance Committee supports Article 9, Items A-I. Board of Selectmen supports Article 9, Items A-I.

Declared passed by a majority vote. So voted. 

Article 10 - Planning Board - Zoning Amendment: Aquifer and Water Resource District

To see if the Town will vote to amend the Town Code, to modify the “Aquifer and Water Resource District” bylaw, section 173-63 Design and operation guidelines. Subsection D. Drainage by deleting the word “all” from the first sentence; or take any other action in relation thereto.

Motion: Moved and seconded by the Planning Board that the Town vote to amend the Town Code, to modify the “Aquifer and Water Resource District” bylaw, section 173-63 Design and operation guidelines. Subsection D. precisely as set forth in Article 10 as printed in the warrant.

Planning Board supports Article 10. Board of Selectmen has no position on Article 10.

Declared passed by a unanimous vote (2/3rds vote required). So voted.

Article 11 - Voters’ Petition - Zoning Amendment: Rezone Certain Parcels to Business District

To see if the Town will vote to re-zone the following parcels located in the Town of Littleton to Business District (B): Map U11, Parcel 4-3, Map U6, Parcels 4-1 and 4-2; or to take any other action in relation thereto. [Note: withdrawn by petitioners, 4/8/08]

Planning Board does not have a report and recommendation under MGL C.40A,§5. Board of Selectmen has no position on Article 11.

Town Meeting took no affirmative action on Article 11.

Article 12 - Voters’ Petition - Zoning Amendment: Rezone Certain Parcels to Business District

To see if the Town will vote to re-zone the following parcels located in the Town of Littleton to Business: Map U5, Parcels 1, 2 & 2-1; Map U6, Parcels 2, 3, and 2-5; or to take any other action in relation thereto.

Planning Board does not have a report and recommendation under MGL C.40A,§5. Board of Selectmen has no position on Article 12.

Town Meeting took no affirmative action on Article 12.

Article 13 - Voters’ Petition -By-law Amendment: Junk & Debris

To see if the Town will vote to amend the General By-laws for the Town of Littleton by adding:

Chapter 116, Junk & Debris.

116-1. No owner of private property shall keep in the public view, on any lot, in any residential district any substantial amount of junk & debris for more than a reasonable amount of time.

116-2. Definitions

116.2.1 Junk & Debris includes but is not limited to the collection of paper, trash, rags, plastics, batteries, tires, scrap metal, scrap construction materials, appliances, mattresses, machinery, machinery parts, vehicle parts, trash furniture, or other items not defined as a structure in accordance with the Massachusetts building Code and the Zoning by-laws, which is not in active use for any purpose authorized in a residential district.

116.2.2. Public View shall refer to junk and debris visible from either (i) any property line at six (6) feet or less above ground level, or (ii) by any immediately direct abutter from any place within that immediately direct abutter’s residence.

116.2.3. Substantial Amount shall mean a quantity of material that occupies more than 375 cubic feet in the aggregate on any lot or a quantity of materials of repetitive quantity more than two (2).

116.2.4. Reasonable amount of time shall be thirty (30) days.

116.2.4. Hearing shall mean a proceeding before the Town Administrator for the purpose of either: appealing the decision of the enforcement officer; or to request an extension of time for the purpose of compliance. Said extension of time may only be granted in instances where an inventory of items is documented to the satisfaction of the enforcement officer and submitted to the Town Administrator along with a progress schedule clearly defining a timetable for compliance. Any action by the enforcing officer shall be suspended until such time a decision is issued by the Town Administrator.

116.3 Conditions existing as of the date of this enactment this chapter which meet the definition of substantial amount of junk & debris must be brought into compliance within ninety (90) days of the date of the approval of this By-law.

116.4 Action under this Chapter shall not bar any separate action initiated by any other Town Board, Committee, or Department under the provisions of this By-law or by regulation.

116.5 Any Town employee(s) so designated for this work (“enforcement officer”) by the Town Administrator shall enforce this By-law. The first notice of violation issued by the enforcement officer shall be a written warning. The owner shall then have thirty (30) days within which to remedy and cure the violation or to formally request in writing a hearing before the Town Administrator. If after thirty (30) days the violation has not been remedied or a hearing has not been requested before the Town Administrator, the enforcement officer may issue subsequent written notices of violation with fines of not more than one hundred ($100) for each offence. Each day that such violation continues shall constitute a separate offence until deemed remedied by the enforcement officer. Any future action taken within a 12 month period after remedy of the violation under this section shall be deemed a continuing violation.

116.6 Any citizen against whom a notice of violation is issued under this By-law shall have the right for a hearing before the Town Administrator and following said hearing, the Town Administrator shall within a reasonable period of time thereafter, issue a decision. From the date that such a hearing request is received by the Town Administrator until the date that a decision is issued, all the deadlines stated in section 116.5 shall be temporarily stayed.

116.6 The provisions of this by-law shall not apply to properties Assessed as agricultural or horticultural land pursuant to Massachusetts General Laws Chapter 61A.

Or to take any other action in relation thereto.

Motion offered by petitionersMoved and seconded that the Town vote to amend the General By-laws for the Town of Littleton by adding Chapter 116, Junk & Debris, as printed in the warrant, with the following amendments: From Section 116.2.1, Junk & Debris, strike the word, “machinery”; From Section 116.2.2, Public View, strike the wording “either (i)” and “or (ii) by any immediate direct abutter from any place within that immediate abutter’s residence”; From Section 116.2.3, Substantial Amount, change “375 cubic feet” to “1,000 cubic feet” and strike the wording “or a quantity of materials repetitive in quantity more than (2)”

Board of Selectmen does not support Article 13.

Article does not pass. 

Article 14 - Board of Selectmen - Community Preservation Act

To see if the Town will act on the report of the Community Preservation Committee on the fiscal year 2009 community preservation budget and to appropriate or reserve for later appropriation a sum or sums of money from Community Preservation Fund annual revenues or available funds for the administrative expenses of the Community Preservation Committee, the payment of debt service, the undertaking of community preservation projects and all other necessary and proper expenses for the year, or to take any other action in relation thereto.

Motion: Moved and seconded by the Community Preservation Committee that the Town vote to appropriate or reserve from Community Preservation Fund annual revenues the amounts recommended by the Community Preservation Committee for committee administrative expenses, community preservation projects and other expenses in Fiscal Year 2009, with each item to be considered a separate appropriation: Open Space Reserve, $20,000; Historic Resources Reserve, $20,000; Community Housing Reserve, $20,000; administrative expenses, $5,000; and budgeted reserve, $135,000.

Community Preservation Committee supports Article 14.

Declared passed by a majority vote. So voted.

Article 15 - Board of Selectmen/Personnel Board - Personnel By-law Amendments

To see if the Town will vote to amend Chapter 33 of the Town Code, Personnel, by deleting Schedule A thereof and replacing it with the following Schedule A and Schedule B:

 TOWN OF LITTLETON, MASSACHUSETTS
 FY 2009 CLASSIFICATION & COMPENSATION PLAN
 SCHEDULE A 
 

GRADE

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

STEP 6

STEP 7

1

hourly

$8.64

$8.95

$ 9.26

$ 9.59

$ 9.91

$10.27

$10.63

annual

$18,040.32

$18,687.60

$19,334.88

$20,023.92

$20,692.08

$21,443.76

$22,195.44

2

hourly

10.75

11.13

11.53

11.93

12.35

12.78

13.23

annual

22,446.00

23,239.44

24,074.64

24,909.84

25,786.80

26,684.64

27,624.24

3

hourly

13.51

13.99

14.48

15.00

15.51

16.06

16.61

annual

28,208.88

29,211.12

30,234.24

31,320.00

32,384.88

33,533.28

34,681.68

4

hourly

15.55

16.09

16.64

17.24

17.84

18.47

19.12

annual

32,468.40

33,595.92

34,744.32

35,997.12

37,249.92

38,565.36

39,922.56

5

hourly

16.33

16.88

17.47

18.10

18.74

19.38

20.06

annual

34,097.04

35,245.44

36,477.36

37,792.80

39,129.12

40,465.44

41,885.28

6

hourly

17.14

17.74

18.35

18.99

19.67

20.35

21.06

annual

35,788.32

37,041.12

38,314.80

39,651.12

41,070.96

42,490.80

43,973.28

7

hourly

17.99

18.63

19.28

19.95

20.64

21.38

22.11

annual

37,563.12

38,899.44

40,256.64

41,655.60

43,096.32

44,641.44

46,165.68

8

hourly

18.90

19.55

20.25

20.95

21.67

22.44

23.23

annual

39,463.20

40,820.40

42,282.00

43,743.60

45,246.96

46,854.72

48,504.24

9

hourly

19.84

20.53

21.24

21.99

22.76

23.57

24.39

annual

41,425.92

42,866.64

44,349.12

45,915.12

47,522.88

49,214.16

50,926.32

10

hourly

20.83

21.56

22.31

23.09

23.91

24.74

25.62

annual

43,493.04

45,017.28

46,583.28

48,211.92

49,924.08

51,657.12

53,494.56

11

hourly

26.04

26.96

27.89

28.86

29.89

30.92

32.01

annual

54,371.52

56,292.48

58,234.32

60,259.68

62,410.32

64,560.96

66,836.88

12

hourly

32.55

33.69

34.88

36.08

37.34

38.67

40.02

annual

67,964.40

70,344.72

72,829.44

75,335.04

77,965.92

80,742.96

83,561.76

13

hourly

37.44

38.75

40.10

41.50

42.95

44.45

46.01

annual

78,174.72

80,910.00

83,728.80

86,652.00

89,679.60

92,811.60

96,068.88

 GRADE 1   Library Assistant
 GRADE 2  No positions assigned
 GRADE 3  Library Technician
 GRADE 4  Building Custodian
 GRADE 5  Administrative Clerk
   Assessment Clerk
 Finance Technician
 Outreach Coordinator
 PRCE Program Coordinator
 Senior Library Technician
GRADE 6  Administrative Assistant
 Program Coordinator/Social Day Program
GRADE 7  Assessment Analyst
 Assistant Accountant
 Assistant Treasurer/Payroll & Benefits Coordinator
GRADE 8  Senior Librarian
 Maintenance Supervisor
GRADE 9  Conservation Coordinator/Administrator
 Council on Aging Director
 Executive Assistant to the Town Administrator
GRADE 10  Tax Collector
GRADE 11  Building Commissioner
 Chief Assessor
 Park & Recreation/Community Education Director
 Planning Administrator/Permit Coordinator
 Town Treasurer
GRADE 12  Highway Superintendent/Engineer
 Information Systems Manager
GRADE 13  No positions assigned

SCHEDULE B
 COA Dispatcher $10.00 per hour
 COA Wan Driver $15.00 per hour 

or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend Chapter 33 of the Town Code by deleting Schedule A thereof and replacing it with text precisely as set forth in Article 15 as printed in the warrant.

Personnel Board supports Article 15. Board of Selectmen supports Article 15. Finance Committee supports Article 15.

Declared passed by a majority vote. So voted.

Article 16 - Board of Selectmen - Revolving Funds

To see if the Town will vote to authorize the following Fiscal Year 2009 Revolving Funds, in accordance with Chapter 44, section 53E½ of the General Laws, or to take any other action in relation thereto.

(1) Wiring/Plumbing/Gas Inspections: to allow receipts from wiring and plumbing fees to be segregated into a special account; and with funds therefrom, up to a limit of $75,000 annually, to be expended to compensate the Wiring, Plumbing and Gas Inspectors, under the direction of the Building Commissioner, with the prior year’s fund balance to be available for expenditure;

(2) Dog By-law Enforcement: to allow receipts from dog license fees and fines to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for costs associated with by-law enforcement, under the direction of the Town Clerk, with the prior year’s fund balance to be available for expenditure;

(3) Cemetery Lots: to allow receipts from the sale of lots and grave opening fees to be segregated into a special account; and with funds therefrom, up to a limit of $10,000 annually, to be expended for associated administrative costs, under the direction of the Cemetery Commission, with the prior year’s fund balance to be available for expenditure;

(4) Alarm Box Repairs: to allow receipts from alarm box fees to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for repairs to alarm boxes, under the direction of the Fire Department, with the prior year’s fund balance to be available for expenditure;

(5) CPR Courses: to allow receipts from CPR course fees to be segregated into a special account; and with funds therefrom, up to a limit of $2,000 annually, to be expended for CPR course costs, under the direction of the Fire Department, with the prior year’s fund balance to be available for expenditure;

(6) Sealer of Weights and Measures: to allow receipts from sealer fees to be segregated into a special account; and with funds therefrom, up to a limit of $3,000 annually, to be expended to compensate the Sealer, under the direction of the Board of Selectmen, with the prior year’s fund balance to be available for expenditure;

(7) Fire Safety Act Compliance: to allow receipts from Fire Safety Act fees and fine to be segregated into a special account; and with funds therefrom, up to a limit of $3,000 annually, to be expended for associated administrative costs, under the direction of the Board of Selectmen, with the prior year’s fund balance to be available for expenditure;

(8) M.A.R.T: to allow receipts from reimbursement from M.A.R.T. bus fees to be segregated into a special account; and with funds therefrom, up to a limit of $68,000 annually, to be expended for wages and expenses for senior van operation, under the direction of the Council on Aging, with the prior year’s fund balance to be available for expenditure;

(9) Pet Cemetery: to allow receipts from pet cemetery fees to be segregated into a special account; and with funds therefrom, up to a limit of $20,000 annually, to be expended for associated administrative costs, under the direction of the Cemetery Commission, with the prior year’s fund balance to be available for expenditure;

(10) Community Education: to allow receipts from community education fees to be segregated into a special account; and with funds therefrom, up to a limit of $80,000 annually, to be expended for wages and associated administrative costs, under the direction of the Park & Recreation Commission, with the prior year’s fund balance to be available for expenditure; and

(11) Spectacle Pond Cell Tower: to allow receipts from the Spectacle Pond Cell Tower rent to be segregated into a special account; and with funds therefrom, up to a limit of $40,000 annually, to be expended for debt service for the Clean Lakes program, under the direction of the Board of Selectmen, with the prior year’s fund balance to be available for expenditure.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to authorize Fiscal Year 2009 Revolving Funds, in accordance with Chapter 44, section 53E½ of the General Laws, as set forth in Paragraphs (1) through (11) of Article 16 as printed in the warrant.

Finance Committee supports Article 16. Board of Selectmen supports Article 16.

[Consent Calendar Article: approved by unanimous vote]

Article 17 - Board of Selectmen - Chapter 90 Road Improvements

To see if the Town will vote to transfer from available funds or authorize the Treasurer to borrow in anticipation of reimbursements, a sum of money for authorized road improvements and other projects provided for under Chapter 90 of the General Laws; or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate funds available from the Massachusetts Highway Department in the amount of $275,193 for authorized road improvements and other projects provided for under Chapter 90 of the General Laws.

Finance Committee supports Article 17. Board of Selectmen supports Article 17.

[Consent Calendar Article: approved by unanimous vote]

Article 18 - Board of Selectmen - Compensating Balance Agreement

To see if the Town will vote to authorize the Treasurer to enter into a Compensating Balance Agreement(s) for FY 2009, pursuant to Chapter 44, Section 53F of the General Laws, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to authorize the Treasurer to enter into a Compensating Balance Agreement(s) for FY 2009, pursuant to Chapter 44, Section 53F of the General Laws.

Finance Committee supports Article 18. Board of Selectmen supports Article 18.

[Consent Calendar Article: approved by unanimous vote]

Article 19 - Board of Selectmen - Senior Work Program

To see if the Town will vote to request the Board of Assessors to commit $46,000, or any other sum or sums of money, from the FY 2009 Overlay Account for Abatements to fund the Senior Citizen Tax Work-off Abatement Program, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to request the Board of Assessors to commit $46,000 from the FY 2009 Overlay Account for Abatements to fund the Senior Citizen Tax Work-off Abatement Program.

Finance Committee supports Article 19. Board of Selectmen supports Article 19. Council on Aging supports Article 19.

[Consent Calendar Article: approved by unanimous vote]

Article 20 - Board of Selectmen -By-law Amendment: 2/3rds Votes of Town Meeting

To see if the Town will vote, pursuant to Chapter 39, section 15 of the General Laws, to amend the Town Code by deleting therefrom §18-6, Manner of authorizing indebtedness, which currently reads as follows:

Whenever a 2/3 vote is required by law to authorize the Town to incur indebtedness, the manner of voting shall be by ballot, and a checklist of the voters of the Town shall be used.

And by inserting in place thereof the following:

§18-6, Two-thirds votes of Town Meeting. On all matters to come before an Annual or Special Town Meeting requiring a two-thirds vote by statute, a count need not be taken unless the vote so declared is immediately questioned by seven or more registered voters.

or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend the Town Code by deleting therefrom § 18-6, Manner of authorizing indebtedness, and by inserting in place thereof the text precisely as set forth in Article 20 as printed in the warrant.

Board of Selectmen supports Article 20.

Article does not pass.

Article 21 -Board of Selectmen - By-law Amendment: Town Meeting Posting Requirements

To see if the Town will vote to amend the Town Code by deleting §41-2, Posting of warrant, which currently reads as follows:

Every Town Meeting shall be called by posting attested copies of the warrant calling the same in six public places (the Town Hall, three meeting houses and post offices of the Town) at least seven days before the day appointed for said meeting

And by inserting in place thereof the following:

§41-2, Posting of warrant. Every Town Meeting shall be called by posting attested copies of the warrant calling the same in eight public places, as determined by the Board of Selectmen, at least seven days before the annual town meeting and at least fourteen days before any special town meeting.

or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend the Town Code by deleting therefrom §41-2, Posting of warrant, and inserting in place thereof the text precisely as set forth in Article 21 as printed in the warrant.

Board of Selectmen supports Article 21.

[Consent Calendar Article: approved by unanimous vote]

Article 22 - Board of Selectmen - By-law Amendment: Self-Service Stations

To see if the Town will vote to amend the Town Code relative to Self-Service Stations by deleting §102-2, General restriction, which currently reads as follows:

No person owning or operating a gasoline filling station shall allow the pumping of gasoline for retail sales without an attendant employed by the station present to hold the gas nozzle while the gasoline is pumped into the tank of the vehicle, unless such gasoline filling station shall also provide automotive repair service on the premises

And further, by deleting §1-4.B(k) providing for the fine imposed for violating §102-2, and by renumbering the remaining provisions in §1-4 accordingly, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend the Town Code by deleting therefrom §102-2, General restriction, and deleting §1-4.B(k) providing for the fine imposed for violating §102-2, and by renumbering the remaining provisions in §1-4 accordingly.

Board of Selectmen supports Article 22.

Declared passed by a majority vote. So voted.

Article 23 - Board of Selectmen - Agricultural Commission Membership

To see if the Town will vote to amend its vote under Article 14 of the May 8, 2006 Annual Town Meeting, which established the Agricultural Commission, by deleting the second sentence of the second paragraph thereof, which currently reads as follows:

The Commission will consist of a minimum of: - four members whose prime source of income is derived from farming or agricultural-based enterprises in Littleton and another three who are interested in farming . . .

And by inserting in place thereof the following:

The Commission will consist of four members who shall be or have been engaged in farming or related agricultural industries and another three members who are interested in farming . . . .

or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend the Town Code by deleting therefrom §8-10.A and inserting in place thereof the text precisely as set forth in Article 23 as printed in the warrant.

Board of Selectmen supports Article 23. Agricultural Commission supports Article 23. Conservation Commission supports Article 23.

Declared passed by a majority vote. So voted.

Article 24 - Board of Selectmen - Accept MGL C. 39,§23D – Town Board Quorums at Adjudicatory Hearings

To see if the Town will vote to accept, for all boards, committees, or commissions holding adjudicatory hearings in the Town, the provisions of MGL C.39,§23D, which provide that a member of a board, committee, or commission holding an adjudicatory hearing shall not be disqualified from voting solely due to that member’s absence; the board member is absent from a single session of an adjudicatory hearing; there is an available recording or transcription of the hearing at which a member is absent; the absent member reviews the evidence submitted at the missed hearing, including the recording or transcript, and files a certification to said effect, and the member certifies that he or she has examined all evidence received at the missed session; provided further, however that such acceptance shall be applicable to all adjudicatory hearings opened on or after the effective date of the vote taken hereafter; or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept for all boards, committees, or commissioners holding adjudicatory hearings in the Town, the provisions of MGL c.39, §23D.

Board of Selectmen supports Article 24. Planning Board supports Article 24. Conservation Commission supports Article 24.

Declared passed by a majority vote. So voted.

Article 25 - Board of Selectmen - Trench Permits

To see if the Town of Littleton will vote, pursuant to Chapter 82A, section 2 of the General Laws, to authorize the Board of Selectmen to designate the Board or Officer to issue permits allowing the creation of a trench as that term is defined by section 4 of said Chapter 82A and 520 CMR 14.00, or take any action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to authorize the Board of Selectmen to designate the Board or Officer to issue permits allowing the creation of a trench as that term is defined by Chapter 82A, section 4 of the General Laws and 520 CMR 14.00.

Board of Selectmen supports Article 25.

Declared passed by a majority vote. So voted.

Article 26 - Board of Selectmen - Road Acceptance: Whitetail Way

To see if the Town will vote to accept, as a Town way, the layout by the Board of Selectmen of the private way known as “Whitetail Way”, and to authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain the land, rights, and easements therein for drainage, utility, or other purposes, all as shown on a plan entitled, “Whitetail Way-Definitive Subdivision of land in Littleton, Mass. Prepared for Tidan Corporation” dated July 1994 by David E. Ross Associates, Inc. and recorded at the Middlesex South District Registry of Deeds as Plan No.314 of 1995, said street having been constructed to the satisfaction of the Planning Board and to name said street “Whitetail Way” or take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept, as a Town Way, and acquire the land, rights and easements therein by gift, purchase or eminent domain, the layout by the Board of Selectmen of the private way known as “Whitetail Way,” and to name said street “Whitetail Way” all as described in Article 26 as printed in the warrant.

Board of Selectmen supports Article 26. Planning Board supports Article 26.

[Consent Calendar Article: approved by unanimous vote]

Article 27 - Board of Selectmen - Road Acceptance: Manchester Drive and Norfolk Drive

To see if the Town will vote to accept, as Town ways, the layout by the Board of Selectmen of the private way known as “Manchester Drive,” and the layout by the Board of Selectmen of the private way known as “Norfolk Drive,” more particularly described as:

MANCHESTER DRIVE: Forty feet in width, from the Southerly side line of Norfolk Drive, a distance of one thousand two hundred and fifty feet, more or less in a southerly and easterly direction to the easterly side line of Tulip Road, this being a portion of the road as shown on a plan entitled “Map B of Long lake, Town of Littleton,” recorded with the Middlesex South District Registry of Deeds in Plan Book 362 as plan number 27;

NORFOLK DRIVE: Forty feet in width, from the southerly side of Shaker Lane, a distance of three hundred and twenty feet, more or less, in a southeasterly and easterly direction to the westerly side line of lot 3967, this being a portion of the road, all as shown on a plan entitled “Map B of Long Lake, Town of Littleton,” recorded with the Middlesex South District Registry of Deeds in Plan Book 362 as plan number 27; and to authorize the Board of Selectmen, for Manchester Drive and/or Norfolk Drive, to acquire by gift, purchase or eminent domain, the land, rights and easements therein, and further to authorize the Board of Selectmen to proceed with the reconstruction of said way or ways, and to raise and appropriate, transfer from available funds, and/or borrow a sum or sums of money to fund the total costs of said acquisition, engineering, construction, and other expenses incidental thereto and that betterments will be assessed; or take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept, as Town ways, and acquire the lands, rights and easements therein by gift, purchase or eminent domain, the layout by the Board of Selectmen of the private ways known as “Manchester Drive,” and “Norfolk Drive,” as those ways are described in Article 27 as printed in the warrant; and to authorize the Board of Selectmen, to proceed with the reconstruction of said way or ways, and to raise and appropriate, transfer from available funds, and/or borrow a sum or sums of money to fund the total costs of said acquisition, engineering, construction, and other expenses incidental thereto and that betterments will be assessed.

Board of Selectmen supports Article 27. Planning Board supports Article 27.

[Consent Calendar Article: approved by unanimous vote]

Article 28 - Board of Selectmen - Road Acceptance: Grist Mill Road

To see if the Town will vote to accept, as a Town way, the layout by the Board of Selectmen of the private way known as “Grist Mill Road,” 50 feet in width, from the northerly sideline of Great Road (Route 2A/110), a distance of approximately 3,793 feet to the portion of Grist Mill Road previously accepted; and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain, the land, rights and easements therein for drainage, utility, or other purposes, all as shown on a plan entitled: “As-Built Plan of Apple D’Or Subdivision – Littleton, Mass” dated April 12, 2004, as last revised February 14, 2007 said street having been constructed to the satisfaction of the Planning Board, and to name said street “Grist Mill Road;” or take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept, as a Town way, and acquire the land, rights and easements therein for drainage, utility or other purposes by gift, purchase or eminent domain, the layout by the Board of Selectmen of the private way known as “Grist Mill Road,” and to name said street “Grist Mill Road” all as described in Article 28 as printed in the warrant.

Board of Selectmen supports Article 28. Planning Board supports Article 28.

[Consent Calendar Article: approved by unanimous vote]

Article 29 - Board of Selectmen - Road Acceptance: Surrey Road

To see if the Town will vote to accept, as a Town way, the layout by the Board of Selectmen of the private way known as “Surrey Road,” 50 feet in width, from the westerly sideline of Grist Mill Road, a distance of approximately 2,150 feet; and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain, the land, rights and easements therein for drainage, utility, or other purposes, all as shown on a plan entitled: “As-Built Plan of Apple D’Or Subdivision – Littleton, Mass,” dated April 12, 2004, as last revised February 14, 2007, said street having been constructed to the satisfaction of the Planning Board; and to name said street “Surrey Road;” or to take any other action in relation thereto

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept, as a Town way, and acquire the land, rights and easements therein for drainage, utility or other purposes by gift, purchase or eminent domain, the layout by the Board of Selectmen of the private way known as “Surrey Road,” and to name said street “Surrey Road” all as described in Article 29 as printed in the warrant.

Board of Selectmen supports Article 29. Planning Board supports Article 29.

[Consent Calendar Article: approved by unanimous vote]

Annual Town Meeting dissolved at 9:30 PM on Tuesday, May 6, 2008.