May 4, 2009 Annual Town Meeting

FY10 Annual Town Meeting

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Date/Time:

Monday, May 5, 2008 at 7:00 PM
Location:Charles Forbes Kaye Gymnasium, Littleton Middle School, 55 Russell Street, Littleton, MA 01460
Warrant:Annual Town Meeting

Booklet:

Town Meeting Booklet

Town Meeting Votes:

  1. Town Officers
  2. Annual Report
  3. Borrowing Authorization
  4. FY 2010 Operating Budget
  5. Electric Light Operating Budget
  6. Water Enterprise Fund Operating Budget
  7. FY 2010 EMS Enterprise Fund
  8. FY 2010 Capital Items from Available Funds
  9. Subsurface Disposal for Town-owned Properties - 20 Foster, 4 Rogers
  10. Community Preservation FY 2010 Budget
  11. Voter Petition - Track Feasibility Study
  12. Voter Petition - Zoning - Prohibit Granting of Use Variances
  13. Voter Petition - Rezone Certain Parcels to Business [Fletcher property]
  14. Voter Petition - Zoning - Crematory Prohibition
  15. By-law Amendment - Public Consumption of Marijuana/ Tetrahydrocannabinol
  16. Personnel By-law Amendments
  17. Revolving Funds
  18. Use of Chapter 90 MassHighway Funds
  19. MGL C.60,§15 Demand Charges for Delinquent Local Taxes
  20. Compensating Balance Agreement
  21. Senior Work Program - $50,000
  22. Tax Increment Financing – 151 Taylor Street [Curtiss-Wright]
  23. By-law Amendment – Procurements
  24. By-law Amendment - Finance and Budget
  25. By-law Amendment - Appointment of Employees in Town Administrator Departments
  26. Home Rule Petition - LELD Rubber Gloves
  27. Gift of Land in Lieu of Taxes – Whitcomb Ave/Porter Rd (redo 5/7/07 ATM Art. 34)

Town Meeting Votes

ARTICLE 1 - Board of Selectmen - Town Officers

To choose all Town Officers and Committees necessary to be chosen at the Annual Town Meeting.

Motion: Moved and seconded by the Board of Selectmen that the following Officers be chosen for the year 2009: 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: Bill McFeteidge, Ronald Pollack, Brian Pollack, Michele Roche, Tom Wood.

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 2008 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, 2009, 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 for the purposes itemized and described in Article 3 as printed in the warrant.

Finance Committee, Board of Selectmen support Article 3. 

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 4 - Board of Selectmen/Finance Committee - FY 2010 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, 2009, 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 $29,795,982.08, transfer from the funds specified within the sum of $591,634.63 and transfer from Free Cash the sum of $139,038.63, for a total of $30,526,655.34,to defray the expenses of the various departments of the Town as specified herein and to fix the salary and compensation of all elected officials for the Fiscal Year beginning July 1, 2009. 

Finance Committee, Board of Selectmen, School Committee support Article 4.

 

Department

FY2008 ActualFY2009 BudgetFY2010 Recommended
114

MODERATOR

   
 

Personal Services

0.000.000.00
 

Expenses

100.00100.00100.00
 

Total 114

100.00100.00100.00
122

SELECTMEN

   
 

Personal Services

135,898.00152,810.00157,340.00
 

Expenses

15,662.0017,600.0013,070.00
 

MAGIC Assessment

1,600.001,600.001,600.00
 

Total 122

153,160.00172,010.00172,010.00
131

FINANCE COMMITTEE

   
 

Personal Services

0.000.000.00
 

Expenses

110.00500.00500.00
 

Total 131

110.00500.00500.00
132

RESERVE FUND

   
 

Expenses

70,950.00168,209.00150,000.00
 

Total 132

70,950.00168,209.00150,000.00
135

ACCOUNTANT

   
 

Personal Services

117,655.00123,865.00123,865.00
 

Expenses

7,000.007,000.007,000.00
 

Audit

29,038.0022,450.0027,000.00
 Total 135153,693.00153,315.00157,865.00
141

ASSESSORS DEPARTMENT

   
 

Personal Services

137,174.00143,775.00146,767.00
 

Expenses

5,277.006,673.003,005.00
 

Total 141

142,451.00150,448.00149,772.00
145

TAX COLLECTOR

   
 

Personal Services

63,305.0067,919.0068,355.00
 

Expenses

12,448.0013,800.0013,800.00
 

Total 145

75,753.0081,719.0082,155.00

147

TOWN TREASURER

   
 

Personal Services

113,446.00148,154.00143,020.00
 

Expenses

11,210.0010,800.0010,900.00
 

Tax Title

11,940.0012,000.0012,000.00
 

Total 147

136,596.00170,954.00165,920.00
151

LEGAL

   
 

Expenses

134,870.28100,000.00100,000.00
 Total 151134,870.28100,000.00100,000.00
155

INFORMATION SYSTEMS

   
 

Personal Services

49,145.0064,500.0064,500.00
 

Expenses

73,828.0072,350.0079,350.00
 

Total 155

122,973.00136,850.00143,850.00
161

TOWN CLERK

   
 

Elected Salaries

0.000.0045,652.00
 

Personal Services

58,049.0061,660.0016,008.00
 

Expenses

1,365.001,500.001,500.00
 

Total 161

59,414.0063,160.0063,160.00
162

ELECTIONS & REGISTRATIONS

   
 

Personal Services

0.000.000.00
 

Expenses

8,200.009,700.009,700.00
 

Total 162

8,200.009,700.009,700.00
171

CONSERVATION COMMISSION

   
 

Personal Services

10,696.0015,683.0018,848.00
 

Expenses

852.001,000.001,000.00
 

Transfer In - Wetland Fund

0.000.00(3,165.00)
 

Total 171

11,548.0016,683.0016,683.00
175

PLANNING BOARD

   
 

Personal Services

40,532.0042,110.0042,110.00
 

Expenses

1,211.001,175.001,175.00
 

Total 175

41,743.0043,285.0043,285.00
176

APPEALS BOARD

   
 

Personal Services

5,820.005,638.005,638.00
 

Expenses

1,200.001,200.001,200.00
 Total 1767,020.006,838.006,838.00
191

BUILDING MAINTENANCE

   
 

Personal Services

38,326.0042,282.0062,282.00
 

Expenses

360,543.00359,556.00316,556.00
 

Total 191

398,869.00401,838.00378,838.00
193

GENERAL INSURANCE

   
 

Expense

262,712.00296,250.00300,000.00
 

Total 193

262,712.00296,250.00300,000.00
194

EMPLOYEE BENEFITS

3,236,029.003,349,566.004,119,365.63
 

Transfer In - EMS Enterprise

(28,472.00)(33,914.00)(63,718.00)
 

Transfer In - Recreation Revolving

0.000.00(14,392.63)
 

Total 194

3,207,557.003,315,652.004,041,255.00
196

Town Report / Town Meeting

   
 

Expenses

7,000.005,000.005,000.00
 Total 1967,000.005,000.005,000.00
210

POLICE DEPARTMENT

   
 

Personal Services

1,120,415.001,202,368.001,211,670.00
 

Expenses

96,436.0086,408.0079,108.00
 

TOTAL 210

1,216,851.001,288,776.001,290,778.00
220

FIRE DEPARTMENT

   
 

Personal Services

433,413.00438,522.00422,976.00
 

Expenses

40,671.0042,470.0024,948.00
 

Total 220

474,084.00480,992.00447,924.00
240

CONTROL CENTER

   
 

Personal Services

265,793.00253,269.00253,269.00
 

Expenses

19,598.0018,402.0016,402.00
 

Total 240

285,391.00271,671.00269,671.00
241

BUILDING DEPARTMENT

   

 

Personal Services

87,748.0092,311.0092,980.00
 

Expenses

5,430.003,380.005,430.00
 

Transfer In - Inspectional Revolving

0.000.00(2,730.00)
 

Total 241

93,178.0095,691.0095,680.00
300

SCHOOL DEPARTMENT

   
 

Budget

13,610,489.0014,520,000.0014,537,921.00
 

Transfer In - LH Zappy Trust

(200.00)(200.00)(200.00)
 

Transfer In - Hildreth Trust

(1,500.00)(1,500.00)(1,500.00)
 

Transfer In - Goldsmith Trust

(100.00)(100.00)(100.00)
 

Transfer In - Johnson Trust

(200.00)(200.00)(200.00)
 

Total 300

13,608,489.0014,518,000.0014,535,921.00
301

NASHOBA TECH ASSESSMENT

   
 

Expenses

581,714.00565,875.00495,948.00
 Total 301581,714.00565,875.00495,948.00
420

HIGHWAY DEPARTMENT

   
 

Personal Services

682,049.00715,338.00714,581.00
 

Expenses

429,439.00462,700.00470,846.00
 

Streetlights

30,070.0030,070.0033,077.00
 

Wastewater

62,155.0050,000.0050,000.00
 

B&M Crossing

2,806.002,806.002,806.00
 

Gasoline

111,113.00110,000.00110,000.00
 

Total 420

1,317,632.001,370,914.001,381,310.00
422

ROADWAY REPAIRS

   
 

Expenses

275,000.00480,000.00464,800.00
 

Total 422

275,000.00480,000.00464,800.00
423

SNOW & ICE

   
 

Personal Services

98,060.0064,393.0067,115.00
 

Expenses

350,860.0081,472.0083,750.00
 

Total 423

448,920.00145,865.00150,865.00
491

CEMETERY DEPARTMENT

   
 

Personal Services

102,107.00104,372.0077,325.00
 

Expenses

22,545.0025,025.0017,800.00
 

Transfer In: Sale of Cemetery Lots

(12,000.00)(12,000.00)(12,000.00)
 

Transfer In - Graves

(18,800.00)(18,897.00)(20,000.00)
 Total 49193,852.0098,500.0063,125.00
510

HEALTH DEPARTMENT

   
 

Personal Services

24,869.0026,540.0026,540.00
 

Expenses

1,292.001,235.001,235.00
 

Assessment - Nashoba BOH

21,027.0021,650.0021,650.00
 

Assessment - Nashoba Nursing

8,182.008,250.008,250.00
 

Assessment - Eliot Clinic

3,780.003,780.003,780.00
 

Animal Inspector

1,300.001,300.001,300.00
 

Transfer In - B.Sampson Animal Fund

(500.00)(500.00)(500.00)
 

Total 510

59,950.0062,255.0062,255.00
541

COUNCIL ON AGING

   
 

Personal Services

49,334.0055,432.0055,432.00
 

Expenses

16,281.0013,416.0013,416.00
 

Total 541

65,615.0068,848.0068,848.00
543

VETERANS SERVICES

   
 

Personal Services

5,000.005,000.005,000.00
 

Expenses

490.00750.00750.00
 

Veteran Benefits

3,465.0012,000.0012,000.00
 

Total 543

8,955.0017,750.0017,750.00
610

REUBEN HOAR LIBRARY

   
 

Personal Services

339,906.00354,910.00355,265.00
 

Expenses

65,700.0064,800.0062,658.00
 

Merrimack ValleyAssessment

27,138.0028,552.0030,489.00
 

Transfer In - Library Trust Funds

(15,000.00)(15,000.00)(15,000.00)
 Total 610417,744.00433,262.00433,412.00
630

PARK AND RECREATION

   
 

Personal Services

76,875.0076,875.00140,388.00
 

Expenses

2,963.002,963.000.00
 

Park Maintenance

17,036.0026,960.006,800.00
 

Transfer In - Revolving Fund

0.000.00(60,550.00)
 

Transfer In - Revolving Fund

(21,422.00)(26,960.00)(6,800.00)
 

Total 630

75,452.0079,838.0079,838.00
690

Other CULTURE & RECREATION

   
 

Historical

1,500.00700.00700.00
 

Memorial Day

500.00500.00500.00
 

Patriot's Day

35.0050.0050.00
 

Total 690

2,035.001,250.001,250.00
710

LONG TERM DEBT

3,524,421.004,167,486.454,178,103.58
720

SHORT TERM DEBT

626,802.00137,300.00301,390.13
 

Transfer In - Cemetery Trust

(98,500.00)(98,500.00)(25,000.00)
 

Transfer In - Self Help Grant

(18,000.00)(18,000.00)(18,000.00)
 

Transfer In - Wastewater Settlement

0.00(17,274.00)(17,274.00)
 

Transfer In - Oak Hill Cell Tower

(40,000.00)(40,000.00)(40,000.00)
 

Transfer In - Newtown Hill Cell Tower

(61,754.00)(59,478.75)(57,204.00)
 

Transfer In - Clean Lakes

(33,390.00)(31,850.00)(30,310.00)
 

Transfer In - Light Dept

(214,500.00)(202,991.00)(202,991.00)
 

Total Debt Service

3,685,079.003,836,692.704,088,714.71
 

FUNDING SUMMARY

   
 

TOTAL Net Budgets

27,704,660.2829,108,690.7029,935,020.71
 

Total Transfers In

564,338.00577,364.75591,634.63
 

TOTAL Appropriated Budgets

28,268,998.2829,686,055.4530,526,655.34

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 consumers 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 in relation 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 consumers 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 such expenses of the plant as the Electric Light Board may determine, it shall be transferred to the Construction Fund or other so designated account and may be expended without further appropriation for such additions to such plant as may be authorized by the Electric Light Board and any unexpended balance of said excess shall be returned to the Town Treasurer. 

Finance Committee, Board of Electric Light Commissioners, Board of Selectmen support 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 $2,022,300 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, 2009 (detail below), or to take any other action in relation thereto.

I.  Water Enterprise Revenues Revised

User Charges

$1,922,300$1,847,000
Enterprise Available Funds100,000100,000

Investment Income

  

Total Revenues

$2,022,300$1,946,600

II. Costs Appropriated for the Enterprise Fund

  

Salaries and Wages

$585,000$585,000

Expenses

941,700867,000

Capital Outlay – Equipment

00

Capital Outlay – Improvements

00

Reserve Fund

100,000

100,000

Debt Principal and Interest

395,600395,600

Budgeted Surplus

00

Total Costs Appropriated for Enterprise Fund

$2,022,300$1,946,600

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

  

Indirect Costs

$0$0

Benefits

00

Pension Costs

00

Total Costs Appropriated for the General Fund.

$0$0
Total Costs$2,022,300$1,946,600

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate $1,946,600 from the Water Enterprise Fund to fund the operation of the Water Department for the fiscal year beginning July 1, 2009.

Finance Committee, Board of Water Commissioners, Board of Selectmen support 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 $388,375 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, 2009 (detail below), or to take any other action in relation thereto.

I.  EMS Enterprise RevenuesFY2010

User Charges

$305,000

Enterprise Available Funds

78,375

Investment Income

5,000

Total Revenues

$388,375

II. Costs Appropriated in the Enterprise Fund

 

Salaries and Wages

212,582

Expenses

86,575

Capital Outlay – Equipment

10,500

Capital Outlay – Improvements

 

Reserve Fund

15,000

Debt Principal and Interest

 

Budgeted Surplus

 

Total Costs Appropriated in E.F.

$324,657

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

 

Indirect Costs

15,999

Benefits

29,289

Pension Costs

18,430

Total Costs Appropriated in G.F.

$63,718
Total Costs$388,375

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate $324,657 from the Emergency Medical Services (EMS) Enterprise Fund to fund the operation of the EMS Department for the fiscal year beginning July 1, 2009.

Finance Committee, Board of Selectmen support Article 7.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 8 - 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. 

  1. Police Cruiser leases - $54,000 to be expended by the Police Department: 3rd year (final) on 1 @ $13,500; 2nd year payment on 3 @ $13,500 each; 1st year payment to replace ad cruiser @ $13,500, and to authorize the Board of Selectmen to advertise on police cruisers. 
  2. Police Office Trailer lease - $11,000 to be expended by the Police Department for the purpose of leasing an office trailer for the Police Department. Said payment will cover the final year’s payment of a three-year lease. 
  3. Fire Command Vehicle lease -$6,000 to be expended by the Fire Department to lease a vehicle for Fire Department. Said payment will cover the third year’s payment of a five-year lease.
  4. Fire Major Equipment Repair -$16,000 to be expended by the Fire Department for the purpose of major equipment repairs and upkeep. 
  5. Highway Bobcat Trailer Re-furbish - $2,000 – to be expended by the Highway Department to refurbish a 1999 small equipment trailer. 
  6. Highway 1 ton tool truck - $43,800 to be expended by the Highway Department for the purpose of purchasing a new 1 ton vehicle with plow as a replacement for an existing 1999 vehicle. 
  7. Highway Major Equipment Repair - $15,000 to be expended by the Highway Department for the purpose of major equipment repairs and upkeep. 
  8. Highway Sidewalk Plow lease - $45,000 to be expended by the Highway Department for the purpose of paying the lease on the sidewalk plow. Said payment will cover the second year’s payment of a three-year lease. 
  9. Shaker Lane Univents - $30,000 to be expended by the School Committee for the purpose of replacing univent HVAC units at the Shaker Lane School. 
  10. School Technology - $20,000 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. 
  11. High School Custodial Equipment - $20,000 to be expended by the School Committee for the purpose of purchasing new and replacement custodial equipment for the High School. 
  12. Rooftop Units - $17,000 to be expended by the Board of Selectmen to replace the rooftop units located over the COA section of the Shattuck Street building. 
  13. COA Freezer Replacement - $2,195 – to be expended by COA to replace a 1993 freezer unit.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from Free Cash the sum of $281,995 for capital projects and purchases itemized and described in Article 9 as printed in the warrant. 

Finance Committee, Board of Selectmen support Article 8.

Declared passed by a majority vote. So voted.

ARTICLE 9 - Board of Selectmen  - Subsurface Disposal for Town-owned Properties at 20 Foster Street, 4 Rogers Street 

To see if the Town will vote to raise and appropriate, transfer from available funds and/or borrow a sum or sums of money for subsurface disposal for the Town-owned properties at 20 Foster Street and 4 Rogers Street, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate the sum of $250,000 for subsurface disposal for the Town-owned properties at 20 Foster Street and 4 Rogers Street; 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(3A), of the General Laws, or pursuant to and any other enabling authority, and to issue bonds or notes of the Town therefor. 

Finance Committee, Board of Selectmen support Article 9.

Declared passed by a unanimous vote (2/3's required).

ARTICLE 10 - Community Preservation Committee - Community Preservation FY 2010 Budget 

To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the Fiscal Year 2010 Community Preservation Budget, to appropriate or reserve from FY 2010 Community Preservation Fund annual revenues the following amounts, as recommended by the Community Preservation Committee, with each item considered a separate appropriation:

Appropriations 

Administration

$5,000.00

Debt service - open space

10,554.16

Debt service - historic

15,127.63

Sub-total

$30,681.79

Reserves

 

Open Space

$4,746.09

Historic Resources

172.62

Community Housing

15,300.25

Budgeted Reserve

102,101.75

Sub-total

$122,320.71
TOTAL$153,002.50

or to take any other action in relation thereto.

Motion: Moved and seconded by the Community Preservation Committee to approve the appropriations and reserves itemized and described in Article 10 as printed in the warrant.

Community Preservation Committee, Finance Committee, Board of Selectmen support Article 10.

Declared passed by a majority vote. So voted.

ARTICLE 11 - Voters’ Petition - Track Feasibility Study 

To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow the sum of $20,000 to be expended by the Permanent Municipal Building Committee, as directed by the Town Meeting, for the purpose of funding a feasibility study for a track and field facility, or to take any other action in relation thereto.

Motion: Moved and seconded by the petitioner to raise and appropriate the sum of $20,000 to be expended by the Permanent Municipal Building Committee, as directed by the Town Meeting, for the purpose of funding a feasibility study for a track and field facility.

Finance Committee, Board of Selectmen support Article 11.

Declared passed by a majority vote. So voted.

ARTICLE 12 - Voters’ Petition - Zoning Amendment: Prohibit Granting of Use Variances 

To see if the Town will vote to amend the Littleton zoning bylaws by the deletion of the following from §173-6.B(2): “, including variances for use,” or to take any other action in relation thereto.

Motion: Moved and seconded by the petitioner to amend the Town Code precisely as set forth in Article 12 as printed in the warrant.

Planning Board recommendation: 2 in favor, 2 opposed. Board of Selectmen supports Article 12.  

In favor: 68, opposed: 67. Article did not pass (2/3rds vote required).

ARTICLE 13 - Voters’ Petition - Zoning Amendment: Rezone Certain Parcels to Business District 

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

Article to be withdrawn by petitioner. 

Planning Board, Board of Selectmen do not support Article 13.

No action taken.

ARTICLE 14  - Voters’ Petition - Zoning Amendment: Crematory Prohibition 

To see if the Town will vote to amend §173 of the Town Bylaws by adding the following sections: 

ARTICLE XXIV Crematory Facilities

§ 173-165 Purpose. The purpose of the bylaw is to prohibit the operation of a crematory to protect and promote the quality of the Town of Littleton's neighborhoods, commercial and business districts, and the general welfare, health and safety of the citizens of Littleton. 

§ 173-165 Crematory Prohibition. No crematory shall be allowed in the Town of Littleton. 

or to take any other action in relation thereto.

Motion: Moved and seconded by the petitioner to amend the Town Code precisely as set forth in Article 14 as printed in the warrant.

Planning Board recommendation: 2 in favor, 2 opposed. Board of Selectmen does not support Article 14. 

No action taken.

ARTICLE 15 - Board of Selectmen - By-law Amendment – Public Consumption of Alcoholic Beverages and Marijuana 

To see if the Town will vote to amend Chapter 53 of the Town Code, Alcoholic Beverages, by striking said Chapter in its entirety and replacing it with the following: 

Chapter 53. Public Consumption of Alcoholic Beverages and Marijuana/ Tetrahydrocannabinol

Section 53-1. No person shall consume an alcoholic beverage as defined by General Laws Chapter 138, Section 1, as amended, or possess an opened container of such beverage, or smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol as defined by General Laws Chapter 94C, Section 1 within the limits of any park, playground, public building, schoolhouse, school grounds, cemetery, parking lot or any area owned by or under the control of the Town of Littleton nor shall any person consume an alcoholic beverage, or consume marijuana or tetrahydrocannabinol on any public way or way to which the public has a right of access as invitees or licensees, including any person in a motor vehicle while it is in, on, or upon any public way or any way to which the public has a right of access as aforesaid, within the limits of the Town of Littleton; and no person shall consume any alcoholic beverages, or consume marijuana or tetrahydrocannabinol as previously defined, in, on, or upon any private land or place without the consent of the owner or person in control of such private land or place. 

Section 53-2. All alcoholic beverages, marijuana or tetrahydrocannabinol being used in violation of this section may be seized and held until final adjudication of the charge against any such person or persons has been made by the court. Upon final adjudication all alcoholic beverage and marijuana/THC evidence will be destroyed.

Section 53-3. This by-law may be enforced through any lawful means in law or in equity including, but not limited to, enforcement by criminal indictment or complaint pursuant to G.L. c. 40, § 21, or by non-criminal disposition pursuant to G.L. c. 40, § 21D, by the Board of Selectmen, the Town Administrator, or their duly authorized agents, or any police officer. The fine for violation of this by-law shall be three hundred dollars ($300) for each offense. Any penalty imposed under this by-law shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L. 

or take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend Chapter 53 of the Town Code by striking said Chapter in its entirety and replacing it with text precisely as set forth in Article 15 as printed in the warrant, except that Section 53-3 shall read as follows: “Section 53-3. With respect to possession or consumption of alcoholic beverages, this by-law may be enforced through any lawful means in law or equity including, but not limited to, enforcement by arrest and criminal indictment pursuant to G. L. c. 272, § 59. With respect to possession or consumption of marijuana or tetrahydrocannabinol, this by-law may be enforced by non-criminal disposition pursuant to G.L. c. 40, § 21D, by the Board of Selectmen, the Town Administrator, or their duly authorized agents or any police officer. The fine for violation of this by-law with respect to alcoholic beverages, marijuana or tetrahydrocannabinol shall be up to three hundred dollars ($300) for each offense. Any penalty imposed under this by-law shall be in addition to any civil penalty imposed under G.L. c. 94C, §32L.”

Board of Selectmen supports Article 15.

In favor: 68; Opposed: 27. Declared passed by a majority vote.

ARTICLE 16 - 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 Schedules A and B thereof and replacing it with the following Schedules A, B, and C: 

TOWN OF LITTLETON, MASSACHUSETTS - FY 2010 CLASSIFICATION & COMPENSATION PLAN

SCHEDULE A:

GRADE STEP 1STEP 2STEP 3STEP 4STEP 5STEP 6STEP 7

1

hourly

$8.73$9.04$9.35$9.69$10.01$10.37$10.74
 annual18,228.2418,875.5219,522.8020,232.7220,900.8821,652.5622,425.12
2

hourly

10.8611.2411.6512.0512.4712.9113.36
 annual22,675.6823,469.1224,325.2025,160.4026,037.3626,956.0827,895.68
3

hourly

13.6514.1314.6215.1515.6716.2216.78
 annual28,501.2029,503.4430,526.5631,633.2032,718.9633,867.3635,036.64
4

hourly

15.7116.2516.8117.4118.0218.6519.31
 annual32,802.4833,930.0035,099.2836,352.0837,625.7638,941.2040,319.28
5

hourly

16.4917.0517.6418.2818.9319.5720.26
 annual34,431.1235,600.4036,832.3238,168.6439,525.8440,862.1642,302.88
6

hourly

17.3117.9218.5319.1819.8720.5521.27
 annual36,143.2837,416.9638,690.6440,047.8441,488.5642,908.4044,411.76
7

hourly

18.1718.8219.4720.1520.8521.5922.33
 annual37,938.9639,296.1640,653.3642,073.2043,534.8045,079.9246,625.04
8

hourly

19.0919.7520.4521.1621.8922.6623.46
 annual39,859.9241,238.0042,699.6044,182.0845,706.3247,314.0848,984.48
9

hourly

20.0420.7421.4522.2122.9923.8124.63
 annual41,843.5243,305.1244,787.6046,374.4848,003.1249,715.2851,427.44
10

hourly

21.0421.7822.5323.3224.1524.9925.88
 annual43,931.5245,476.6447,042.6448,692.1650,425.2052,179.1254,037.44
11

hourly

26.3027.2328.1729.1530.1931.2332.33
 annual54,914.4056,856.2458,818.9660,865.2063,036.7265,208.2467,505.04
12

hourly

32.8834.0335.2336.4437.7139.0640.42
 annual68,653.4471,054.6473,560.2476,086.7278,738.4881,557.2884,396.96
13

hourly

37.8139.1440.5041.9243.3844.8946.47
 annual78,947.2881,724.3284,564.0087,528.9690,577.4493,730.3297,029.36

GRADE 1 
Library Assistant 
GRADE 2 
No positions assigned 
GRADE 3 
Cemetery Laborer 
Crossing Guard 
Library Technician 
GRADE 4 
Building Custodian 
Finance Technician 
GRADE 5 
Administrative Clerk 
Assessment Clerk 
Cemetery Groundskeeper 
Outreach Coordinator 
PRCE Program Specialist 
Senior Library Technician 
GRADE 6 
Administrative Assistant 
Communications Officer (part-time) 
Program Coordinator/Social Day Program 
GRADE 7 
Assessment Analyst 
Assistant Accountant 
Assistant Treasurer/Payroll & Benefits Coordinator 
PRCE Assistant Director 
Reserve Police Officer 
GRADE 8 
Conservation Coordinator/Administrator 
Maintenance Supervisor 
Senior Librarian 
GRADE 9 
Cemetery Administrator 
Council on Aging Director 
Executive Assistant to the Town Administrator 
GRADE 10 
Tax Collector 
GRADE 11 
Building Commissioner 
Chief Assessor 
PRCE Director 
Planning Administrator/Permit Coordinator 
Town Treasurer 
GRADE 12 
Highway Operations Manager 
Information Systems Manager 
GRADE 13 
No positions assigned 

SCHEDULE B: 

  • COA Dispatcher, $10.00 per hour 
  • COA Van Driver, $15.00 per hour 

SCHEDULE C Temporary/Seasonal Park & Recreation Department positions

GRADESTEP 1STEP 2STEP 3STEP 4STEP 5

1 hourly

8.759.6310.5911.6512.81

2 hourly

9.009.9010.8911.9813.18

3 hourly

10.0011.0012.1013.3114.64

4 hourly

11.5012.6513.9215.3116.84

5 hourly

13.0014.3015.7317.3019.03

6 hourly

15.0016.5018.1519.9721.96

7 hourly

17.0018.7020.5722.6324.89

8 hourly

17.5019.2521.1823.2925.62
9 hourly19.0020.9022.9925.2927.82

Grade 1 
Special Activities 
Snack Hut Attendant 
Boat Rental Attendant 
Camp Tahattawan Junior Counselor 
Grade 2 
Counselor Camp Tahattawan 
Intern 
Grade 3 
Lifeguard 
Counselor Camp Prouty 
Grade 4 
Sailing Instructor 
Water Safety Instructor 
Camp Specialist-Sports 
Grade 5 
Camp Specialist-Music 
Camp Specialist-ArtGrade 6 
Camp Specialist-Science and Nature 
Head Guard 
Sailing Coordinator 
Preschool Teacher 
Camp Tahattawan Asst. Dir. 
Grade 7 
Camp Director Tahattawan 
Grade 8 
Camp Director Prouty 
Aquatics Director 
Grade 9 
none listed

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 precisely as set forth in Article 16 as printed in the warrant. Personnel Board, Board of Selectmen, Finance Committee, Park & Recreation Commission support Article 16.

Declared passed by a majority vote. So voted.

ARTICLE 17 - Board of Selectmen - Revolving Funds 

To see if the Town will vote to authorize the following Fiscal Year 2010 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 fines 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; 
  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; and 
  12. Legal Advertisements: to allow receipts paid by applicants for advertising costs to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for legal advertising costs, under the direction of the Board of Appeals, 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, in accordance with Chapter 44, section 53E½ of the General Laws, to authorize Fiscal Year 2010 Revolving Funds precisely as set forth in Article 17 as printed in the warrant.

Finance Committee, Board of Selectmen support Article 17.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 18 - 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 $276,948 for authorized road improvements and other projects provided for under Chapter 90 of the General Laws. 

Finance Committee, Board of Selectmen support Article 18.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 19 - Board of Selectmen - Demand Charges for Delinquent Taxes 

To see if the Town will vote that the Town charge for each written demand issued by the collector a fee of $30 to be added to and collected as part of the tax, as authorized by Chapter 60, Section 15 of the General Laws, effective as of July 1, 2009, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote that the Town charge for each written demand issued by the collector a fee of $30 to be added to and collected as part of the tax, as authorized by Chapter 60, Section 15 of the General Laws, effective as of July 1, 2009.

Finance Committee, Board of Selectmen support Article 19.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 20 - 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 2010, 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 2010, pursuant to Chapter 44, Section 53F of the General Laws.

Finance Committee, Board of Selectmen support Article 20.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 21 - Board of Selectmen - Senior Work Program 

To see if the Town will vote to request the Board of Assessors to commit $50,000, or any other sum or sums of money, from the FY 2010 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 $50,000 from the FY 2010 Overlay Account for Abatements to fund the Senior Citizen Tax Work-off Abatement Program. 

Finance Committee, Board of Selectmen, Council on Aging support Article 21.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 22 - Board of Selectmen - Tax Increment Financing – 151 Taylor Street 

To see if the Town will vote to authorize the Board of Selectmen to adopt a Tax Increment Financing Plan designating the land at 151 Taylor Street, Littleton, MA, containing approximately 28.8 acres, more or less, as shown on Assessors Map R10, Parcel 14, as a Tax Increment Financing Zone under chapter 40, section 59 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 Board of Selectmen to adopt a Tax Increment Financing Plan designating the land at 151 Taylor Street, Littleton, MA, containing approximately 28.8 acres, more or less, as shown on Assessors Map R10, Parcel 14, as a Tax Increment Financing Zone under chapter 40, section 59 of the General Laws. 

Finance Committee, Board of Selectmen, Board of Assessors, Planning Board, Boards of Water and Electric Light Commissioners support Article 22.

Declared passed by a majority vote. So voted.

ARTICLE 23 - Board of Selectmen - By-law Amendment – Procurements

To see if the Town will vote to amend section 18-7 of the Town Code, Advertisement for certain proposals, by deleting “$10,000” therefrom and replacing it with “$25,000” so that the first sentence of said section reads as follows: 

No contract for the purchase of equipment, supplies, or materials, the actual or estimated cost of which amounts to $25,000 or more, except in cases of special emergency involving the health or safety of the people or their property, shall be awarded unless proposals for the same have been invited by advertisement in at least one newspaper published in the Town or, if there is no such newspaper, in a newspaper published in the county, such publication to be at least one week before the time specified for the opening of said proposals. 

or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend section 18-7 of the Town Code precisely as set forth in Article 23 as printed in the warrant. 

Board of Selectmen supports Article 23.

Declared passed by a majority vote. So voted.

ARTICLE 24 - Board of Selectmen - By-law Amendment – Finance and Budget 

To see if the Town will vote to amend Chapter 17 of the Town Code, Finance And Budget, Department Of, by: 

  1. Adding the phrase “for a term of up to three years,” to the end of the second sentence of Section 1 thereof, so that said Section reads as follows: There is hereby established in the Town of Littleton a Department of Finance and Budget (”Department”). The Department shall be managed by an Assistant Town Administrator for Finance and Budget (“AAFB”) who shall be appointed by, and may be removed by, the Town Administrator, subject to the approval of the Board of Selectmen, for a term of up to three years. The Assistant Town Administrator for Finance and Budget shall report to the Town Administrator. 
  2. Deleting Section 2 in its entirety and replacing it with the following: The AAFB may shall also serve in the capacity of and have all the powers and duties presently vested in one of the following positions, as determined by the Town Administrator subject to approval of the Board of Selectmen: Town Accountant, Treasurer (if appointed), or Tax Collector(if appointed). The following positions, if appointed, and the respective staff shall become part of the Department and report to the AAFB: Town Accountant, Town Treasurer, Tax Collector, and Chief Assessor. 

And further by deleting from the Town Code Sections 29-1 and 29-3 relative to terms of an elected Town Treasurer and elected Town Tax Collector, since those positions both became appointed by voter approval of Questions 11 and 12 of the May 12, 2007 Annual Town Election ballot, 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 17 of the Town Code precisely as set forth in Article 24 as printed in the warrant. Board of Selectmen supports Article 24.

Declared passed by a majority vote. So voted.

ARTICLE 25 - Board of Selectmen - By-law Amendment – Appointment of Employees in Town Administrator Departments 

To see if the Town will vote to amend Chapter 3 of the Town Code, Town Administrator, by adding to the end of Section 3 thereof the following sentence: “Employees of the heads of said departments shall be appointed by the department head subject to approval of the Town Administrator”; so that said section reads as follows: 

Section 3. 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 Finance and Budget; Head of the Highway Department; Facilities Manager; Head of Information Technology; Building Commissioner; and Human Resources. The department heads shall be appointed by, and can be removed by, the Town Administrator subject to the approval of the BOS. Employees of the heads of said departments shall be appointed by the department head subject to approval of the Town Administrator. 

And further to authorize the Board of Selectmen to file home rule legislation to carry out the purposes of this article; 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 3 of the Town Code precisely as set forth in Article 25 as printed in the warrant. 

Board of Selectmen supports Article 25.

Declared passed by a majority vote. So voted.

ARTICLE 26 - Board of Electric Light Commissioners - Home Rule Petition – LELD – Rubber Gloves 

To see if the Town will vote to instruct its representative in the General Court to file a home rule petition for a special act entitled, "An Act Relative to the Town of Littleton Electric Light Department,” to read substantially as provided below. The General Court may make clerical or editorial changes in form only to the bill, unless the Board of Electric Light Commissioners approves amendments to the bill before enactment by the General Court. The Board of Electric Light Commissioners is hereby authorized to approve amendments that are within the scope of the general public objectives of this petition: 

SECTION 1. Notwithstanding section 129C of Chapter 149 of the General Laws, Lineworkers and Qualified Persons employed by the Town of Littleton Electric Light Department may work on live wires, electrical equipment or other energized conductors up to 25,000 volts phase-to-phase or 14,400 volts phase-to-ground directly with rubber gloves, when de-energizing is not feasible and only when following the applicable provisions of the American Public Power Association Safety Manual (2008, or latest edition), concerning proper safe work practices, personal protective equipment and clothing. 

SECTION 2. This act shall take effect upon passage. 

or take any other action in relation thereto.

Motion: Moved and seconded by the Board of Electric Light Commis-sioners that the Town vote to instruct its representative in the General Court to file a home rule petition for a special act substantially as set forth in Article 26 as printed in the warrant, and subject to the conditions specified therein.

Board of Electric Light Commissioners, Board of Selectmen support Article 26.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 27 - Board of Selectmen - Gift of Land in Lieu of Taxes Owed – Whitcomb Road/Porter Road 

To see if the Town will vote to amend its vote under Article 34 of the May 7, 2007 Annual Town Meeting to specify that the land so acquired thereunder by gift to the Water Department shall be in lieu of taxes owed, said parcel of land located on the southeasterly side of Whitcomb Avenue, in Littleton, Middlesex County, Massachusetts being shown as Parcel “A” on a plan of land entitled “Plan of Land in Littleton, Mass., prepared for The Jackson Family Trust, David A. Jackson, Jr., Trustee, dated June, 2004, Scale 1” = 60’, David E. Ross Associates, Inc., Civil Engineers and Land Surveyors, Landscape Architects, Environmental Consultants, P.O. Box 368, Ayer, MA 01432” which plan is recorded with the Middlesex South District Registry of Deeds as Plan Number 842 of 2004, to which plan reference may be made for a more particular description of said premises; said Parcel A containing 5.2 acres more or less, according to said plan; or take any other action in relation thereto 

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend its vote under Article 34 of the May 7, 2007 Annual Town Meeting precisely as set forth in Article 27 as printed in the warrant. 

Board of Selectmen, Board of Water Commissioners support Article 27.

Declared passed by a unanimous vote (2/3's required).

Town Meeting dissolved at 9:55 PM