Wednesday, November 16, 2016 Special Town Meeting #1

Read results below. The Board of Selectmen has called two Special Town Meetings for Wednesday, November 16, 2016; #1 at 7 PM, and #2 at 7:30 PM at the Littleton Middle School. Read more about Special Town Meeting #2

The Town Meeting Report with articles, motions, recommendations, and explanations is available online, and was mailed to all residential dwellings 14 days prior to town meeting.

Date/Time: Wednesday, November 16, 2016 at 7:00 PM
Location: Charles Forbes Kaye Gymnasium, Littleton Middle School, 55 Russell Street, Littleton, MA 01460 
Reports: TOWN MEETING REPORT: Articles, Motions, Recommendations 
  Town Meeting Report Update - Motion for Article 12
Resources Town Meeting warrant - posted on October 4, 2016.
Guides Petition for Town Meeting article
Town Meeting Guidelines
  Town Moderator's notes to presenters

Town Meeting results

FINANCIAL ARTICLES

ARTICLE 1 - Board of Selectmen - Bills of Prior Years [9/10ths vote required]
To see if the Town will vote to raise and appropriate or transfer from available funds a sum or sums of money to pay unpaid bills from prior fiscal years, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from Overlay Surplus the sum of $1,439.35 to pay the following unpaid bills from prior fiscal years:

 Vendor  Dept.   Amount   Fiscal Year
 K.J. Plumbing & Heating Co.   Public Buildings (Police)   $668.74   FY 2013
 Littleton Electric Co.   Public Buildings (Fire)   770.61   FY 2015
   Total   $1,439.35   

Finance Committee and Board of Selectmen support Article 1.
Declared passed by a unanimous vote (9/10ths required). So voted.


ARTICLE 2 - Board of Selectmen / Personnel Board - Amend Classification & Compensation Plan – State Minimum Wage
To see if the Town will vote to amend the Classification and Compensation Plan to implement the State Minimum Wage of $11 per hour, effective January 1, 2017, by amending Schedules C, C-1, and D to read as follows, or to take any other action in relation thereto. 
Schedule C, Park & Recreation Department - Seasonal / Temporary / Fee-based Positions (hourly) – effective January 1, 2017

 

Schedule C-1, Community Education - Temporary / Fee-Based [Hourly] – effective January 1, 2017

 

Schedule D, Fire Department On-Call - effective January 1, 2017

Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 2 as printed in the warrant.
Personnel Board, Finance Committee, Board of Selectmen, and Park & Recreation Commission support Article 2.
Declared passed by a unanimous vote. So voted.

ARTICLE 3 - Board of Selectmen - FY 2017 Budget Amendments
To see if the Town will vote to amend the FY 2017 Operating Budget, as adopted pursuant to Article 4 of the May 2, 2016 Annual Town Meeting, by adjusting budget line items, 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 $106,189 to amend the FY 2017 Operating Budget, as adopted pursuant to Article 4 of the May 2, 2016 Annual Town Meeting, by adjusting budget line items, as follows:

Budget   Line Item   FY 2017  Budget Adjustment    FY 2017 Adjusted
 122   Selectmen/Town Administrator – Personal Services   $198,222   +$45,410   $243,632
 300   School Department   18,000,000   +52,362   18,052,362
 630   Park & Recreation Enterprise Subsidy   113,226   +8,417   121,643
 TOTAL   Appropriated Budgets   $38,561,277   $106,189   $38,667,466

Finance Committee, Board of Selectmen, and School Committee support Article 3.
Declared passed by a unanimous vote. So voted.


ARTICLE 4 - Board of Selectmen - Debt Exclusion Stabilization Fund
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be deposited in the Debt Exclusion Stabilization Fund established by Article 12 of the May 2, 2016 Special Town Meeting for the purpose of reducing the amount of existing debt service and/or the amount of debt needed to be placed when final bonding occurs for borrowing authorizations, both having been exempted from the provisions of Proposition two-and-one-half, so called; said fund as authorized by Chapter 40, Section 5B 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 raise and appropriate the sum of $440,316 and transfer from Overlay Surplus the sum of $92,485, for a total of $532,801 to be deposited in the Debt Exclusion Stabilization Fund.
Finance Committee and Board of Selectmen support Article 4.
Declared passed by a unanimous vote. So voted.


ARTICLE 5 - Board of Selectmen - Supplemental FY 2017 Capital Items from Available Funds
To see if the Town will vote to raise and appropriate or transfer from available funds the following 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. Comprehensive needs assessment for recreation fields – a sum of money to be expended by the Park & Recreation Commission for a comprehensive needs assessment for recreation fields.
B. Town government building space needs assessment – a sum of money to be expended by the Permanent Municipal Building Committee for a Town government building spaces needs assessment, including for seniors, park & recreation, and other Town offices.
C. Littleton Common Sewer Strategic Plan – a sum of money to be expended by the Board of Selectmen to develop a Littleton Common Sewer strategic plan.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from Overlay Surplus the sum of $320,000 for capital and one time projects itemized and described in Article 5, as follows: $48,000 for Item A; $20,000 for Item B; and $252,000 for Item C.
Finance Committee, Board of Selectmen, Park & Recreation Commission support Article 5.
Declared passed by a majority vote. So voted.


ARTICLE 6 - Board of Selectmen - Fire Station Facility Expansion Construction and Lease of Temporary Fire Department Facilities  [2/3rds vote required]
To see if the Town will vote to borrow and/or transfer from available funds a sum or sums of money to be expended by the Permanent Municipal Building Committee for the Fire Station expansion construction project at the 20 Foster Street facility, other site improvements incidental or directly related thereto, and the lease of private property for use as a temporary fire station during the course of the project, and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Section 7(3), of the General Laws, or pursuant to and any other enabling authority, and to issue bonds or notes of the Town therefor; and, further, to authorize the Board of Selectmen to enter into a lease of private property to be used as the site of a temporary fire station in connection with the Fire Station expansion construction project, said site to be selected pursuant to the procedures set forth in M.G.L. c.30B, on such terms and conditions as the Board of Selectmen determine to be in the best interests of the Town; or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 6 as printed in the warrant, in the total amount of $8,900,000 therefor, as follows: (1) by transferring from the Capital Stabilization Fund the sum of $2,900,000; and (2) by appropriating and borrowing the sum of $6,000,000, and authorizing the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, as authorized by M.G.L. Chapter 44, or any other enabling authority.
Board of Selectmen and Finance Committee support Article 6.
In favor: 712; opposed: 19. Declared passed by the required two-thirds vote.


ARTICLE 7 - Board of Selectmen / School Committee - Alumni Field Renovation Construction  [2/3rds vote required]
To see if the Town will vote to borrow and/or transfer from available funds a sum or sums of money to be expended by the Permanent Municipal Building Committee for the Alumni Field renovation construction project at 55 Russell Street and other site improvements incidental or directly related thereto; and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Section 7(3), of the General Laws, or pursuant to and any other enabling authority, and to issue bonds or notes of the Town therefor; or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 7 as printed in the warrant, in the total amount of $4,000,000 therefor, as follows: (1) by transferring from May 2, 2016 Special Town Meeting Article 4-D, Alumni Field renovation design, the sum of $164,000; and (2) by appropriating and borrowing the sum of $3,836,000, and authorizing the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, as authorized by M.G.L. Chapter 44, or any other enabling authority
Finance Committee, Board of Selectmen, and School Committee support Article 7. 
In favor: 596; opposed: 157. Declared passed by the required two-thirds vote.


ARTICLE 8 - Board of Selectmen - Rescind Unused Borrowing Authorizations  [2/3rds vote required]
To see if the Town will vote to rescind the borrowing authorized for the following articles and following un-issued amounts, or to take any other action in relation thereto:
Town Meeting Vote                                                  Project Authorization      Amount Issued     Total to be Rescinded
5/6/2013 ATM Art. 15 Church Meadows            $270,000.00                        $0                           $270,000.00
                                                                                                                                                         Total $270,000.00
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 8 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 8. 
Declared passed by a unanimous vote. So voted.

ARTICLE 9 - Board of Selectmen / Clean Lakes Committee - Mill Pond Restoration Project Feasibility Study
To see if the Town will vote to transfer from the Spectacle Pond Cell Tower Clean Lakes Fund established by Article 6 of the May 8, 2000 Special Town Meeting the sum of $19,500, to be added the $67,500 voted under Article 6 of the May 2, 2016 Special Town Meeting, for a total of $87,000, to be expended under the direction of the Clean Lakes Committee for completion of a feasibility study for an aquatic ecosystem restoration project at Mill Pond, to be undertaken by the U.S. Army Corps of Engineers (“Corps”) pursuant to a Feasibility Cost Share Agreement (FCSA) to be executed between the Corps and the Board of Selectmen; or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 9 as printed in the warrant.
Finance Committee, Board of Selectmen, and Clean Lakes Committee support Article 9. 
Declared passed by a unanimous vote. So voted.


[ARTICLES REQUIRING SUPERMAJORITY VOTE]

ARTICLE 10  - Board of Water Commissioners - Acquire 34 Cedar Road for Littleton Water Department  [2/3rds vote required]
To see if the Town will (i) vote to authorize the Board of Water Commissioners to acquire by purchase, gift or eminent domain, for Water Department purposes, the fee interest in a certain parcel of real estate, with all buildings and improvements thereon, located at 34 Cedar Road, Littleton, MA and as further described in a deed dated April 19, 2016 and duly recorded at the Middlesex County Registry of Deeds, Book 67113, Page 95, containing 0.30 acres, more or less, shown as Assessors Map U17, Parcel 82 and 83, a copy of which maps are on file in the Office of the Town Clerk, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Board of Water Commissioners may determine; (ii) to appropriate $200,000 or some other amount to pay costs of purchasing the property described herein, including the payment of all costs incidental and related thereto, and to determine whether this amount should be raised by borrowing, transfer from available funds or otherwise; (iii) to authorize the Board of Water Commissioners to enter into all agreements and execute any and all instruments as may be necessary to effect said acquisition or purchase; or (iv) to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Water Commissioners that the Town vote to approve Article 10 as printed in the warrant and to appropriate and borrow the sum of $200,000 therefor; and to authorize the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, as authorized by M.G.L. Chapter 44, or any other enabling authority.
Board of Water Commissioners, Finance Committee, and Board of Selectmen support Article 10.
Declared passed by a unanimous vote. So voted.


ARTICLE 11 - Board of Selectmen - Acquire Surplus MassDOT Land on Boxborough Road for Conservation [2/3rds vote required]
To see if the Town will vote (i) to authorize the Board of Selectmen to acquire by purchase from the Commonwealth of Massachusetts for passive outdoor recreation and conservation purposes the fee interest in a certain parcel of land on Boxborough Road, containing 5.3 acres, more or less, shown as Assessors Map R05-14-3, and being a property described in a deed recorded in the Middlesex South Registry of Deeds in Book 7575, Page 167-168 dated September 7, 1950, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Selectmen may determine; provided that said land is to be conveyed to the Town of Littleton under the provisions of Chapter 40, Section 8C of the General Laws, as it may be hereafter amended, and other Massachusetts statutes relating to conservation and passive recreation, to be managed and controlled by the Littleton Conservation Commission; (ii) to appropriate $205,000 or some other amount to pay the costs of purchasing the property described herein, including the payment of all costs incidental and related thereto, and to determine whether this amount should be raised by borrowing, use of Community Preservation Act funds, transfer from available funds, taxation or otherwise; (iii) to authorize the Board of Selectmen and the Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Littleton to effect said acquisition or purchase; or (iv) to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 11 as printed in the warrant and to transfer from the CPA Open Space Reserve the sum of $205,000 therefor.
Community Preservation Committee, Finance Committee, Board of Selectmen, and Conservation Commission support Article 11.
Declared passed by a 2/3rds vote. So voted.


ARTICLE 12 - Board of Selectmen - Acquire Land at 31 Boxborough Road for Conservation [2/3rds vote required]
To see if the Town will vote (i) to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee interest in a two parcels of land located at 31 Boxborough Road: Parcel A, containing approximately 32.25 acres of land, and Parcel B containing approximately 2.86 acres of land, both as shown on a plan entitled “Plan of Land in Littleton, Mass. owned by Joyce W. Williams,” prepared by David E. Ross Associates, Inc. and dated July, 2016, which map is on file in the Office of the Town Clerk, and being a portion of the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 14640, Page 109, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Selectmen may determine; provided that said land is to be conveyed to the Town of Littleton under the provisions of Chapter 40, Section 8C of the General Laws, as it may be hereafter amended, and other Massachusetts statutes relating to conservation and passive recreation, to be managed and controlled by the Littleton Conservation Commission; (ii) to authorize the Board of Selectmen to acquire by purchase or gift, a conversation restriction on a part of a certain parcel of land at 31 Boxborough Road, shown as Parcel 1 on a plan entitled “Plan of Land in Littleton, Mass. owned by Joyce W. Williams,” prepared by David E. Ross Associates, Inc. and dated July, 2016, which map is on file in the Office of the Town Clerk, and being a portion of the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 14640, Page 109, said conservation restriction to apply to 11 acres, more or less, and limit the use of said land to passive outdoor recreation and conservation purposes, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Selectmen may determine; provided that said conservation restriction is to be conveyed to the Town of Littleton under the provisions of Chapter 40, Section 8C and Chapter 184, Sections 31-33 of the General Laws, as it may be hereafter amended, and other Massachusetts statutes relating to conservation and passive recreation, to be managed and controlled by the Littleton Conservation Commission; (iii) to appropriate the funds necessary to pay the costs of acquiring the property and the conservation restriction described herein, including the payment of all costs incidental and related thereto, and to determine whether this amount should be raised by borrowing, transfer from available funds, use of Community Preservation Act funds, taxation or otherwise; provided that such appropriations shall be contingent upon the award of a grant under the Commonwealth’s Local Acquisitions for Natural Diversity (LAND) Program; and provided further that that to the extent any federal, state or other funds are or become available for the purposes outlined in this Article, the Board of Selectmen and any other applicable boards or commissions of the Town are authorized to apply for and accept such funds and that the amount authorized to be borrowed for this purpose shall be reduced to the extent of any grants or gifts received by the Town on account of this project; (iv) to authorize the Board of Selectmen and the Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Littleton to effect said acquisition or purchase or grants; or (v) to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote
(i) to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for a purchase price of $1,273,758, the fee interest in a two parcels of land located at 31 Boxborough Road: Parcel A, containing approximately 32.25 acres of land, and Parcel B containing approximately 2.86 acres of land, both as shown on a plan entitled “Plan of Land in Littleton, Mass. owned by Joyce W. Williams,” prepared by David E. Ross Associates, Inc. and dated July, 2016, which map is on file in the Office of the Town Clerk, and being a portion of the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 14640, Page 109, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Selectmen may determine; provided that said land is to be conveyed to the Town of Littleton under the provisions of Chapter 40, Section 8C of the General Laws, as it may be hereafter amended, and other Massachusetts statutes relating to conservation and passive recreation, to be managed and controlled by the Littleton Conservation Commission;
(ii) to appropriate the funds necessary to pay the costs of acquiring the property described herein, including the payment of all costs incidental and related thereto, (a) by transferring from CPA Open Space Reserve the sum of $260,000; (b) by transferring from CPA Undesignated Reserve the sum of $210,000; (c) by appropriating and borrowing the sum of $403,758, and authorizing the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, as authorized by M.G.L. Chapter 44B, or any other enabling authority; and (d) by appropriating and borrowing the sum of $400,000, and authorizing the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, as authorized by M.G.L. Chapter 44, or any other enabling authority provided that such appropriation shall be contingent upon the award of a grant of $400,000 under the Commonwealth’s Local Acquisitions for Natural Diversity (LAND) Program; and provided further that to the extent any federal, state or other funds are or become available for the purposes outlined in this Article, the Board of Selectmen and any other applicable boards or commissions of the Town are authorized to apply for and accept such funds and that the amount authorized to be borrowed for this purpose shall be reduced to the extent of any grants or gifts received by the Town on account of this project; and to authorize the Board of Selectmen and the Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Littleton to effect said acquisition or purchase or grants.

Community Preservation Committee, Board of Selectmen, and Conservation Commission support Article 12.
Declared passed by a unanimous vote. So voted.


ARTICLE 13 - Board of Selectmen  - Restrict Development on Narcissus Road Tax Title Properties [2/3rds vote required]
To see if the Town will vote to transfer the care, custody, control and management of Assessors’ Map U14, Parcels 111, 113, 114 and 115 to the Board of Selectmen to be held for the purpose of sale, and to authorize the Board of Selectmen to sell said Parcels, pursuant to the procedures set forth in M.G.L. c. 30B, subject to the condition that the Parcels will collectively comprise no more than one building lot, and subject to such other terms and conditions as the Board shall determine to be in the best interests of the Town; or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer the care, custody, control and management of Assessors’ Map U12, Parcels 111, 113, 114 and 115 to the Board of Selectmen to be held for the purpose of sale, for no less than the current assessed value of $130,800, and to authorize the Board of Selectmen to sell said Parcels, pursuant to the procedures set forth in M.G.L. c.30B, subject to a deed restriction that these Parcels shall be permanently combined with each other and with another abutting lot or lots to collectively form no more than one building lot for a single-family dwelling, and subject to such other terms and conditions as the Board shall determine to be in the best interests of the Town.
Board of Selectmen support Article 13. Finance Committee supports amended motion.
Declared passed by a 2/3rds vote. So voted.


[OTHER ARTICLES, INCLUDING ROUTINE AUTHORIZATIONS & REAUTHORIZATIONS]

ARTICLE 14 - Board of Selectmen - Town By-law Amendments: Town Administrator; Department of Finance & Budget
To see if the Town will vote to amend the Town Code as follows:
(1) by amending Chapter 3, ADMINISTRATOR, TOWN, so that Section 3 reads follows:
The Town Administrator shall directly supervise and conduct performance reviews for the following current and future department heads unless otherwise specified by statute: Assistant Town Administrator; for Director of Finance and Budget; Head of the Highway Department; Facilities Manager; Head of Information Technology; Building Commissioner; Human Resources; Director of Elder and Human Services; and Littleton Community Television (LCTV) Executive Director. The department heads shall be appointed by, and can be removed by, the Town Administrator subject to the approval of the Board of Selectmen. The appointment of the Director of Elder and Human Services shall also be subject to approval by the Council on Aging. Employees of the heads of said departments shall be appointed by the department head subject to approval of the Town Administrator. The Executive Assistant to the Town Administrator shall be appointed by the Town Administrator.
(2) by amending Chapter 17, FINANCE AND BUDGET, DEPARTMENT OF, so that all references to “Assistant Town Administrator for Finance and Budget” instead read “Director of Finance and Budget” and all references to “AAFB” instead read “DFB.”
or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 14 as printed in the Town Meeting Report.
Board of Selectmen and Finance Committee support Article 14.
Declared passed by a majority vote. So voted.


ARTICLE 15 - Board of Selectmen - Establish Other Post-Employment Benefits Liability Trust Fund
To see if the Town will vote to accept the provisions of M.G.L. c.32B, §20, as amended by Chapter 218, Section 15 of the Acts of 2016, to establish Other Post-Employment Benefits Liability Trust Fund; or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept the provisions M.G.L. c.32B, §20, as amended by Section 15 of the Chapter 218 of the Acts of 2016, establishing an Other Post-Employment Benefits Liability Trust Fund; to authorize the Board of Selectmen and Treasurer to execute a declaration of trust creating an expendable trust for the purpose of holding monies appropriated to such fund; to designate the Treasurer as the trustee of such trust; to authorize the transfer of any and all monies currently held for the purpose of paying retiree health and life benefits to such trust; to authorize the trustee to invest and reinvest the monies in such fund in accordance with the prudent investor rule established in M.G.L. c.203C; to authorize the trustee to employ investment consultants to assist in determining appropriate investments and to pay for such services from the trust fund; and to authorize the participation of the Town of Littleton Electric Light Department in the trust fund in accordance with procedures and criteria established by the trustee.

Finance Committee and Board of Selectmen support Article 15.
Declared passed by a majority vote. So voted.


ARTICLE 16 - Voter Petition - Online Posting of Town Notices
To see if the Town will vote to: In addition to any current posting requirements, all public notices of the meetings of regulatory boards and appointed committees shall be posted online at the Town’s website, in accordance with the same timeframes required for posting physical copies of said notices; or to take any other action in relation thereto.
Motion: to approve the article is posted in the warrant.
In favor: 37; opposed: 68. Article does not pass.


ARTICLE 17 - Voter Petition - Ballot and Checklist Vote Procedure for Expenditures in Excess of $250,000
To see if the Town will vote to: As a matter of procedure relative to any expenditure in excess of $250,000.00, ballot and checklist is allowed for any measure at any Town Meeting or any Special Town Meeting if six or more eligible voting members of the Town Meeting or the Special Town Meeting request a ballot and checklist vote. Then said vote shall not be preceded by either a voice vote or a hand count vote and will go directly to ballot and checklist vote; or to take any other action in relation thereto.
Motion: to postpone indefinitely. 
Motion passes. No action taken on Article 17.