May 4, 2009 Special Town Meeting

FY09 Special Town Meeting

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Date/Time:

Monday, May 4, 2009 at 7:30 PM

Location:

Charles Forbes Kaye Gymnasium, Littleton Middle School, 55 Russell Street, Littleton, MA 01460
Warrant:Special Town Meeting
Booklet:Town Meeting Booklet

Town Meeting votes:

  1. Bills of Prior Years
  2. FY 2009 Line Item Transfers
  3. FY 2009 Capital: Police Cruisers 5/5/08 ATM Article 9 – amend vote
  4. Russell Street School Repairs – MSBA borrowing
  5. Hougton Memorial Building Roof Replacement
  6. CPC/GF Borrowing/ Land Acquisition: Lucy’s Land – 53.6 acres
  7. Roadway and Water Improvements – Board of Water Commissioners
  8. Pension Obligation Bond Borrowing authorization per Chapter 517, Acts of 2008.

Town Meeting votes

ARTICLE 1 - Board of Selectmen - Bills of Prior Years

To see if the Town will vote to transfer a sum or sums of money from available funds 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 the sum of $5,543.18 from Line 114, Unemployment, of the FY 2009 Operating Budget as adopted under Article 4 of the May 5, 2008 Annual Town Meeting to pay for unpaid bills from previous fiscal years, as listed below:

VendorDept.AmountFiscal Year

Staples

Selectmen152.88FY 2008

Staples

Town Clerk373.55FY 2008

Nashoba Valley Medical

Selectmen279.00FY 2008

Mirick O’Connell

Legal731.74FY 2008

Municipal Management Associates

Parking136.01FY 2008

Associated Elevator

Public Buildings3630.00FY 2008

Mechanical Alliance Service Co.

Public Buildings240.00FY 2008
Total $5,543.18 

Finance Committee, Board of Selectmen support Article 1.

Declared passed by a unanimous vote (9/10th required). So voted.

ARTICLE 2 - Board of Selectmen - FY 2009 Line Item Transfers

To see if the Town will vote to amend the FY 2009 Operating Budget, as adopted under Article 4 of the May 5, 2008 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 amend the FY 2009 Operating Budget, as adopted under Article 4 of the May 5, 2008 Annual Town Meeting, by adjusting budget line items as follows: 

BudgetLine ItemFY09 BudgetAdjustmentFY09 BudgetAdjusted

Audit Expense

12$22,450+$8,000$30,450

Town Counsel

24100,000+50,000150,000

Central Communications

4660,000+10,00070,000

Wastewater Management

7050,000+15,00065,000

Gasoline

109110,000(10,000)100,000

General Insurance

110296,250(25,000)271,250

Short Term Interest

119137,300(48,000)89,300

Total Budget Appropriated

 $29,686,0550$29,686,055

Total Raise and Appropriate

 $28,972,0790$28,972,079

Finance Committee, Board of Selectmen support Article 2.

Declared passed by a majority vote. So voted.

ARTICLE 3 - Board of Selectmen - FY 2009 Capital – Police Cruisers 

To see if the Town will vote to amend the vote under Article 9, Item A of the May 5, 2008 Annual Town Meeting to read as follows: “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 one vehicle, and the first year's payments of three-year leases for two three additional vehicles,” 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 vote taken under Article 9, Item A of the May 5, 2008 Annual Town Meeting precisely as set forth in Article 3 as printed in the warrant.

Finance Committee, Board of Selectmen support Article 3.

Declared passed by a unanimous vote. So voted.

ARTICLE 4 - Board of Selectmen - Russell Street School Repairs 

To see if the Town will vote to appropriate, borrow or transfer from available funds, a sum of money to be expended under the direction of the School Building Committee for repairs to the Russell Street School, located at 55 Russell Street, Littleton, Massachusetts, which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program. The Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town. Any grant that the Town of Littleton may receive from the MSBA for the Project shall not exceed the lesser of (1) 47.84 percent ( %) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; provided, however, that no appropriation, borrowing or transfer authorized pursuant to this article shall take effect until the Town votes to exempt from the limitation on total taxes imposed by Chapter 59, Section 21C(k) of the General Laws (Proposition 2 ½) the amounts required to pay the principal and interest on the bonds and notes so authorized, 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 Thirteen million, four hundred thousand ($13,400,000) Dollars for the repair and renovation of the existing Russell Street School, which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, said sum to be expended under the direction of the School Building Committee, and to meet said appropriation the Treasurer with the approval of the Board of Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority; that the Town acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town; provided further that any grant that the Town may receive from the MSBA for the Project shall not exceed the lesser of (1) 47.84 percent ( %) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; provided that any appropriation hereunder shall be subject to and contingent upon an affirmative vote of the Town to exempt the amounts required for the payment of interest and principal on said borrowing from the limitations on taxes imposed by M.G.L. 59, Section 21C (Proposition 2½); and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town and the MSBA.

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

In favor: 228, opposed: 63. Article passes by required 2/3rds vote.

ARTICLE 5 - Community Preservation Committee - Houghton Memorial Building Roof Replacement 

To see if the Town will vote to appropriate and borrow the sum of $215,000 pursuant to General Laws Chapter 44B, the Community Preservation Program for historic resources purposes, General Laws Chapter 44, Section 7(3A), or any other general or special law for the replacement of the roof on the Houghton Memorial Building; and to authorize the Town Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44B and Chapter 44, Section 7 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; or take any other action in relation thereto.

Motion: Moved and seconded by the Community Preservation Committee that the Town vote to appropriate and borrow the sum of $215,000 for the purposes itemized and described in Article 5 as printed in the warrant, and subject to the restrictions specified therein.

Community Preservation Committee, Finance Committee, Board of Selectmen,Permanent Municipal Building Committee support Article 5.

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

ARTICLE 6 - Board of Selectmen/Community Preservation Committee - Acquisition of Lucy’s Land – Yapp Conservation Property 

To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain for open space purposes under the Community Preservation Program, the fee interest in a certain parcel of real estate on Newtown Road owned by the Lucy L. Yapp Nominee Trust, containing 53.61 acres, more or less, shown as Lots 2 and 3 on plan entitled, “Plan of Land, Littleton, Mass., prepared for Lucy L. Yapp, September 2, 1992” by Clyde R. Wheeler and endorsed by the Littleton Planning Board on September 10, 1992, a copy of which is 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 Selectmen may determine; and to what sum or sums the Town will vote to raise and appropriate, borrow, or transfer from available funds for such acquisition and all expenses incidental and related thereto; and to authorize the Town Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44B and Chapter 44, Section 7 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; provided, however, that, although any bonds or notes issued pursuant to this vote shall constitute a pledge of the full faith and credit of the Town, it is the intention of the Town that the debt service on $150,000 of the amount authorized to be borrowed by this vote shall be paid from Community Preservation Fund revenues, and that the debt service on the remainder of said amount shall be paid from general fund revenues including cell tower revenues; and provided further 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; and, to the extent that any federal, state or other funds are or become available for the purposes outlined in this Article, to authorize the Board of Selectmen or other applicable boards or commissions to apply for and accept such funds; 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; and to authorize the Board of Selectmen and the Conservation Commission to convey to the Sudbury Valley Trustees, for no consideration, a perpetual conservation restriction on said land as authorized by Chapter 184, Sections 31 through 33 inclusive of the General Laws, allowing conservation and passive recreation uses described in Chapter 40, Section 8C of the General Laws; or 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 acquire by purchase, gift or eminent domain for open space purposes under the Community Preservation Program, the fee interest in a certain parcel of real estate on Newtown Road owned by the Lucy L. Yapp Nominee Trust, containing 53.61 acres, more or less, shown as Lots 2 and 3 on plan entitled, “Plan of Land, Littleton, Mass., prepared for Lucy L. Yapp, September 2, 1992” by Clyde R. Wheeler and endorsed by the Littleton Planning Board on September 10, 1992, a copy of which is 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 Selectmen may determine; to transfer from the Conservation Fund the sum of $33,000, to transfer from the Oak Hill Cell Tower Fund the sum of $111,000, and to transfer from the Newtown Hill Cell Tower Fund the sum of $136,000, for a total of $280,000; and to appropriate and borrow the sum of $650,000, for a total of $930,000 for such acquisition and all expenses incidental and related thereto; and to authorize the Town Treasurer, with the approval of the Selectmen, to borrow said $650,000 under and pursuant to Chapter 44B and Chapter 44, Section 7 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; provided, however, that, although any bonds or notes issued pursuant to this vote shall constitute a pledge of the full faith and credit of the Town, it is the intention of the Town that the debt service on $150,000 of the amount authorized to be borrowed by this vote shall be paid from Community Preservation Fund revenues, and that the debt service on the remainder of said amount shall be paid from general fund revenues including cell tower revenues; and provided further 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; and, to the extent that any federal, state or other funds are or become available for the purposes outlined in this Article, to authorize the Board of Selectmen or other applicable boards or commissions to apply for and accept such funds; 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; and to authorize the Board of Selectmen and the Conservation Commission to convey to the Sudbury Valley Trustees, for no consideration, a perpetual conservation restriction on said land as authorized by Chapter 184, Sections 31 through 33 inclusive of the General Laws, allowing conservation and passive recreation uses described in Chapter 40, Section 8C of the General Laws.

Community Preservation Committee, Finance Committee, Board of Selectmen, Conservation Commission support Article 6. 

In favor: 164, opposed: 9. Article passes by required 2/3rds vote.

ARTICLE 7 - Board of Selectmen/Board of Water Commissioners - Roadway and Water Improvements 

To see if the Town will vote to amend the action taken under Article 3 of the Special Town Meeting held on May 5, 2008, which action authorized the borrowing of $1,000,000 to pay costs of roadway improvements for the Town, so as to permit the use of such amounts, where appropriate, to make water system improvements as roadways above them are being improved, thereby avoiding the need to open such improved roadways to make emergency water system repairs, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to to amend the action taken under Article 3 of the Special Town Meeting held on May 5, 2008 precisely as set forth in Article 7 as printed in the warrant.

Finance Committee, Board of Selectmen, Board of Water Commissioners support Article 7.  

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

ARTICLE 8 - Board of Selectmen - Pension Obligation Bonds 

To see if the Town will vote, pursuant to Chapter 517 of the Acts of 2008, "An Act Authorizing the Town of Littleton to Issue Pension Obligation Bonds or Notes,” to appropriate the sum of $1,130,000 for the purpose of funding the town's liability attributable to the additional benefits payable under the early retirement incentive program authorized by chapter 116 of the Acts of 2002 and the vote of the town passed under Article 15 of the Warrant for the May 6, 2002 Special Town Meeting, and to authorize the Town Treasurer, with the approval of the Selectmen, to borrow said amount pursuant to Chapter 44, Section 7 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; or take any other action in relation thereto.

No Action Taken.

Special Town Meeting dissolved at 10:25 PM