May 6, 2013 Annual Town Meeting

FY14 Annual Town Meeting

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Date/Time:

Monday, May 6, 2013 at 7:00 PM

Location:

Charles Forbes Kaye Gymnasium, Littleton Middle School, 55 Russell Street, Littleton, MA 01460

Warrant:

Annual Town Meeting
Town Meeting Report:Town Meeting Report - w/ motions, recommendations, explanations

Town Meeting Results:

  1. Town Officers
  2. Annual Report
  3. Borrowing Authorization
  4. FY 2014 Operating Budget
  5. FY 2014 Water Enterprise Fund Operating Budget
  6. Stabilization Fund
  7. FY 2014 Capital Items from Available Funds
  8. Borrowing: Littleton Common Smart Sewering Preliminary Design withdrawn
  9. M.H. Kimball Trust School Grant Funds
  10. FY 2014 Revolving Funds
  11. Personnel By-law Amendments
  12. Community Preservation Fund Local Appropriation withdrawn
  13. FY 2014 Community Preservation Budget
  14. Home Rule Petition: Conservation, Recreation land exchange
  15. Acquisition of Congregational Church Meadow Property, 194 Great Road
  16. Compensating Balance Agreement
  17. FY 2014 Personal Exemption Amounts
  18. Payment in Lieu of Taxes – Solar
  19. Tax Title Abutter Lot Sales Program – List of Parcels
  20. Zoning By-law Amendment: Open Space Development
  21. Zoning By-law Amendment: Temporary Moratorium on Medical Marijuana Treatment Centers
  22. Voter Petition: Zoning By-law Amendment: Extensive Recreation Special Permit Granting Authority no action taken
  23. Voter Petition: Zoning By-law Amendment: Extensive Recreation Definition  no action taken
  24. Town By-law Amendment: Wetlands Protection
  25. Town By-law Amendment: Director of Elder and Human Services
  26. Senior Work Program
  27. Use of Chapter 90 MassDOT Funds
  28. Drainage Easement on Harvard Road
  29. Sewer Easements on Grist Mill Road and Surrey Road
  30. Community Septic System Repair Loan Program
  31. Rescind Unused Borrowing Authorizations

Town Meeting Results

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 2013: Fence Viewers: Timothy Harrison Whitcomb, Joseph Knox; Field Driver: Raymond C. O'Neil; Surveyor of Timber & Measurer of Wood Bark: Henry Parlee; Measurers and Weighers of Grain, Hay, Coal and Livestock: Tom Wood, Ronald Pollack, Michelle Roche, and Cindy McNiff.

Board of Selectmen supports Article 1.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 2 - Board of Selectmen - Annual Report

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

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept all printed reports of Town Officers and Committees as published in the 2012 Annual Town Report.

Board of Selectmen supports Article 2.

Declared passed by a majority vote. So voted.

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, 2013, 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 approve Article 3 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 3.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 4 - Finance Committee/Board of Selectmen - FY 2014 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, 2013, or to take any other action in relation thereto.

Motion: Moved and seconded by the Finance Committee that the Town vote to raise and appropriate the sum of $34,136,077 and transfer from the funds specified herein the sum of $1,035,695, for a total of $35,171,772 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, 2013.

 

Department

 FY2012ActualFY2013 BudgetFY2014 Budget

114

MODERATOR

    
 

Expenses

 

45

100100
  Total 11445100100

122

SELECTMEN / TOWN ADMINISTRATOR

    
 

Personal Services

 156,993158,435166,720
 

Expenses

 11,79411,87011,870
 

MAGIC Assessment

 1,6251,6001,600
  Total 122170,412171,905180,1901

131

FINANCE COMMITTEE    
 

Expenses

 173500500
  Total 131173500500

132

RESERVE FUND

    
 

Expenses

 1,218150,000150,000
  Total 1321,218150,000150,000

135

FINANCE AND BUDGET    
 

Personal Services

 503,167505,315554,380
 

Expenses

 48,11736,65536,655
 

Audit

 34,50035,00037,500
  Total 135585,784576,970628,535

151

LEGAL    
 

Expenses

 208,246175,000175,000
  Total 151208,246175,000175,000

155

INFORMATION SYSTEMS    
 

Personal Services

 60,26362,61087,030
 

Expenses

 84,943136,300174,402
  Total 155145,206198,910261,432

161

TOWN CLERK    
 

Elected Salaries

 49,12652,49554,355
 

Personal Services

 16,39716,63517,625
 

Expenses

 1,5001,5001,500
 

Transfer In - Dog Tax Fund

 (2,200)(2,200)(2,200)
  Total 16164,82368,43071,280

162

ELECTIONS & REGISTRATIONS    
 

Expenses

 11,3778,7008,700
  Total 16211,3778,7008,700

171

CONSERVATION COMMISSION    
 

Personal Services

 20,73021,96023,490
 

Expenses

 9411,0001,000
 

Transfer In - Wetland Fund

 (5,050)(5,280)(5,280)
  Total 17116,62117,68019,210

175

PLANNING BOARD    
 

Personal Services

 52,62856,47561,055
 

Expenses

 1,1751,1751,175
  Total 17553,80357,65062,230

176

APPEALS BOARD    
 

Personal Services

 4,3993,8304,240
 

Expenses

 5571,2001,200
  Total 1764,9565,0305,440

191

BUILDING MAINTENANCE    
 

Personal Services

 48,43648,42550,405
 

Expenses

 355,027321,556365,000
  Total 191403,463369,981415,405

193

GENERAL INSURANCE    
 

Expenses

 279,674340,000340,000
  Total 193279,674340,000340,000

194

EMPLOYEE/RETIREE BENEFITS    
 

Expenses

 3,758,5255,027,8655,326,503
 

Other Post Employment Benefits Liability Fund

 500,000689,835605,000
 

Transfer In - Cable Studio Benefits

 0(21,692)(21,692)
 

Transfer In - Recreation Revolving

 (14,416)(14,556)(14,647)
  Total 1944,244,1095,681,4525,895,164

196

TOWN REPORT / TOWN MEETING    
 

Expenses

 4,9155,0005,000
  Total 1964,9155,0005,000

197

CABLE STUDIO    
 

Personal Services

 070,14583,400
 

Expenses

 020,25020,250
 

Transfer In - Cable Access Fees

 0-90,395-103,650
  Total 197000

210

POLICE / DISPATCH    
 

Personal Services

 1,463,0791,532,5771,543,047
 

Expenses

 117,523100,571100,571
  Total 2101,580,6021,633,1481,643,618

220

FIRE / EMS DEPARTMENT    
 

Personal Services

 652,004670,645936,753
 

Expenses

 95,52395,52395,523
 Transfer In-Ambulance Fees (485,000)(287,000)(287,000)
  Total 220262,527479,168745,276
      

241

BUILDING DEPARTMENT    
 

Personal Services

 99,05991,62598,768
 

Expenses

 5,4305,4305,430
 

Transfer In - Inspectional Revolving

 (3,000)(3,000)(3,000)
  Total 241101,48994,055101,198

300

SCHOOL DEPARTMENT    
 

Budget

 14,977,07615,618,01016,400,000
 

Transfer In - LH Zappy Trust

 (200)(200)(200)
 

Transfer In - Hildreth Trust

 (6,000)(6,000)(6,000)
 

Transfer In - Goldsmith Trust

 (500)(500)(500)
 

Transfer In - Johnson Trust

 (750)(750)(750)
  Total 30014,969,62615,610,56016,392,550

301

TECHNICAL SCHOOLS    
 

Nashoba Valley Technical

 620,422692,374689,712
 

Minuteman Vocational

 0040,000
  Total 301620,422692,374729,712

420

HIGHWAY DEPARTMENT    
 

Personal Services

 651,324690,000697,000
 

Expenses

 389,847396,927396,927
 

Streetlights

 30,82929,35130,693
 

Park Maintenance

 6,8006,9369,250
 

Wastewater

 66,93865,00065,000
 

B&M Crossing

 2,8062,8062,806
 

Gasoline

 102,054120,000120,000
  Total 4201,250,5981,311,0201,321,676

422

ROADWAY REPAIRS    
 

Expenses

 474,142478,884483,673
  Total 422474,142478,884483,673

423

SNOW & ICE    
 

Personal Services

 54,54668,00068,000
 

Expenses

 162,469132,000132,000
  Total 423217,015200,000200,000

491

CEMETERY DEPARTMENT    
 

Personal Services

 77,77885,21591,445
 

Expenses

 17,48217,80017,800
 

Transfer In - Sale of Cemetery Lots

 (12,000)(12,000)(12,000)
 

Transfer In - Graves

 (18,897)(18,897)(18,897)
  Total 49164,36372,11878,348

510

HEALTH DEPARTMENT    
 

Personal Services

 20,43917,22519,065
 

Expenses

 2,5743,2353,235
 

Assessment - Nashoba BOH

 21,65122,25022,250
 

Assessment - Nashoba Nursing

 8,1828,3258,325
 

Assessment - Eliot Clinic

 3,7803,7803,780
 

Animal Inspector

 2,4002,4002,400
 

Transfer In - B. Sampson Animal Fund

 (2,500)(2,500)(2,500)
  Total 51056,52654,71556,555

541

COUNCIL ON AGING    
 

Personal Services

 63,21067,51570,195
 

Expenses

 11,86113,41613,416
  Total 54175,07180,93183,611

543

VETERANS SERVICES    
 

Personal Services

 5,0005,0005,000
 

Expenses

 1,009750750
 

Veteran Benefits

 31,95212,00025,000
  Total 54337,96117,75030,750

610

REUBEN HOAR LIBRARY    
 

Personal Services

 350,460342,170397,933
 

Expenses

 65,85990,40071,157
 

Merrimack Valley Assessment

 31,71431,71431,714
 

Transfer In - Library Trust Fund

 (13,000)(11,500)(11,500)
  Total 610435,033452,784489,304

630

PARK AND RECREATION DEPARTMENT    
 

Personal Services

 151,638154,850168,095
 

Expenses

 7,50000
 

Transfer In - Revolving Wages

 (113,774)(113,774)(128,095)
  Total 63045,36441,07640,000

690

OTHER CULTURE & RECREATION    
 

Historical

 444700700
 

Memorial Day

 350500500
 

Patriot's Day

 505050
  Total 6908441,2501,250

710

LONG TERM DEBT 5,004,1354,886,8473,612,121

720

SHORT TERM DEBT 

147,289

200,000326,033
 

Transfer In - Cemerery Trust

 (13,000)(13,000)(13,000)
 

Transfer In - Self Help Grant

 (17,000)(17,000)(17,000)
 

Transfer In - Wastewater Settlement

 (17,274)(17,274)(17,274)
 

Transfer In - Oak Hill Cell Tower

 (38,113)(37,206)(36,269)
 

Transfer In - Newtown Hill Cell Tower

 (49,641)(43,373)(42,248)
 

Transfer In - Clean Lakes

 000
 

Transfer In - Bond Premium

 (70,086)(66,170)(62,268)
 

Transfer In - Community Preservation

 (67,111)(62,038)(61,038)
 

Transfer In - Light Department

 (183,309)(175,477)(168,687)
 

Total Debt Service

 4,695,8904,655,3093,520,370
 

FUNDING SUMMARY

    
 

Net Budgets

 32,215,11934,724,23235,171,772
 

Transfers In

 (1,132,821)(1,021,782)(1,035,695)
 Total Appropriated Budgets 31,082,29833,702,45034,136,077

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

Declared passed by a unanimous vote. So voted.

ARTICLE 5 - Board of Water Commissioners - FY 2014 Water Enterprise Fund Operating Budget 

To see if the Town will vote to appropriate $2,327,500 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, 2013 (detail below), or to take any other action in relation thereto.

I.  Water Enterprise Revenues[FY 2013]FY 2014

    User Charges

$2,060,554$2,227,500

    Enterprise Available Funds

0100,000

    Investment Income

0 

Total Revenues

2,060,5542,327,500

II. Costs Appropriated for the Enterprise Fund

  

    Salaries and Wages

665,000670,000

Expenses

888,500876,500

    Capital Outlay – Equipment

00

    Capital Outlay – Improvements

00

    Reserve Fund

100,000100,000

    Debt Principal and Interest

387,000377,775

    Budgeted Surplus

20,054303,225

Total Costs Appropriated for Enterprise Fund

$2,060,554$2,327,500

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

  

    Indirect Costs

00

    Benefits

00

    Pension Costs

00

Total Costs Appropriated for the General Fund

 0
Total Costs$2,060,554$2,327,500

Motion: Moved and seconded by the Board of Water Commissioners that the Town vote to approve Article 5 as printed in the warrant.

Finance Committee, Board of Water Commissioners and Board of Selectmen support Article 5. 

Declared passed by a majority vote. So voted.

ARTICLE 6 - Board of Selectmen - Stabilization Fund 

To see if the Town will vote to raise and appropriate the sum of $4,310 for the Stabilization Fund in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 5B for the twelve month period beginning July 1, 2013, 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.

Finance Committee and Board of Selectmen support Article 6.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 7 - Board of Selectmen/ Finance Committee - FY 2014 Capital Items from Available Funds

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, 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. 

I. POLICE DEPARTMENT

  1. Police Cruiser Leases - $75,089 to be expended by the Police Department for police cruiser leases, as follows: $28,500 for third year (final) payment on two cruisers; $16,145 for second year (final) payment on one cruiser, $15,820 for third year (final) payment on one unmarked vehicle; and $14,624 for second year (final) payment on one unmarked vehicle. 
  2. Police Vehicle Maintenance -$5,000 to be expended by the Police Department for tire replacement and equipment maintenance of its fleet of vehicles. 
  3. Police Vehicle Refurbishment - $13,000 to be expended by the Police Department for the refurbishment of a marked 2008 Dodge Charger. 
  4. Police Portable Radios - $11,600 to be expended by the Police Department to replace portable radios in Command and Detective Vehicles. 

II. FIRE DEPARTMENT

  1. Fire Major Equipment Repair -$15,000 to be expended by the Fire Department for major equipment repairs and upkeep. 
  2. UHF Radio System Upgrade - $120,000 to be expended by the Fire Department for the radio system upgrade. The current system will require significant upgrades by the FCC imposed December 31, 2013 deadline for narrow banding. 

III. HIGHWAY DEPARTMENT

  1. Highway Major Equipment Repair - $15,000 to be expended by the Highway Department for major equipment repairs and upkeep. 
  2. Highway Loader Refurbishment – $35,000 to be expended by the Highway Department for refurbishment of a 2003 John Deere Loader. 
  3. Highway Dump Pickup truck - $58,000 to be expended by the Highway Department to purchase a new pick-up truck with plow to replace an existing 2004 vehicle. 
  4. Asphalt Hot Box trailer - $26,000 to be expended by the Highway Department for the purchase of a trailer mounted Asphalt Hot Box for roadway repairs and maintenance. 

IV. SCHOOLS

  1. School iPads & Carts - $33,000 to be expended by the School Committee for the second year payment on the lease / purchase agreement for four complete carts, 120 iPads, MacBook Air laptops, carts, charging station and all accessory hardware and equipment. 
  2. Shaker Lane Univents - $25,000 to be expended by the School Committee to replace univent HVAC units at the Shaker Lane School. 
  3. High School WIFI Upgrades - $40,000 to be expended by the School Committee to upgrade the WIFI systems at the High School. 
  4. School Technology - $25,000 to be expended by the School Committee to upgrade the network infrastructure and firewalls/switching in the district. 
  5. Shaker Lane Playground & Fencing - $30,000 to be expended by the School Committee to upgrade the Shaker Lane School Playground and equipment. 
  6. Shaker Lane Bathroom Door Dividers - $10,000 to be expended by the School Committee to replace the bathroom door dividers at the Shaker Lane School. 
  7. Technology Computer Replacements - $50,000 to be expended by the School Committee to for replacements of computer systems.
  8. General Building Maintenance - $10,000 to be expended by the School Committee for major systems repairs and maintenance at School locations.

V. FACILITIES AND INFRASTRUCTURE

  1. Town Hall HVAC - $30,000 to be expended by the Board of Selectmen and the Permanent Municipal Building Committee for major systems repairs and upkeep of the HVAC Roof Top Units at the Town Offices on Shattuck Street. 
  2. Town Building Major Equipment Repairs/Maintenance - $14,000 to be expended by the Board of Selectmen for major systems and equipment repairs and maintenance of public buildings. 
  3. Cemetery Building Repairs - $30,000 to be expended by the Cemetery Commissioners and the Permanent Municipal Building Committee for repairs to the exterior brick work of the Cemetery facility. 
  4. Salt Shed Building Repairs - $20,000 to be expended by the Highway Department and the Permanent Municipal Building Committee for repairs to the salt shed facility. 
  5. Fire Station Modular Building - $38,410 to be expended by the Fire Department and the Permanent Municipal Building Committee to locate a modular building on site for sleeping quarters (should additional staffing be approved). 
  6. Sidewalk Repairs - $20,000 to be expended by the Highway Department to repair the sidewalks and walkways located at the Shaker Lane and High Schools. 

VI. OTHER

  1. Cemetery Paving - $15,000 to be expended by the Cemetery Commission to repair pavement on the Foster Street site. 
  2. Long Lake Security - $6,700 to be expended by the Recreation Commission to upgrade security at the Long Lake facility. 
  3. Recreation vehicle lease - $4,000 transferred from the Recreation Revolving account to be expended by the Park and Recreation Commission for the third year payment of a five-year lease for a Ford Ranger. 
  4. Library Furniture $3,000 – to be expended by the Library Trustees to replace worn and damaged furniture at the Reuben Hoar Library.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate $394,689 and transfer from the Undesignated Fund Balance the sum of $379,110 and transfer from the funds specified herein the sum of $4,000 for a total of $777,799 for capital projects and purchases itemized and described in Article 7 as printed in the warrant.

Finance Committee, Board of Selectmen, and School Committee support Article 7. 

Declared passed by a unanimous vote. So voted.

ARTICLE 8 - Board of Selectmen - Borrowing: Littleton Common Smart Sewering Project

To see if the Town will vote to raise and appropriate and borrow a sum of money for the purpose of funding preliminary design services and preparation of a Preliminary Design Report and other tasks related to development of a sustainable wastewater management system for the Littleton Village Common District and the Village Overlay District West—Beaver Brook Common District, including sewers, pump stations, wastewater treatment facilities, treated wastewater disposal systems and other ancillary facilities; and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to said sum under and pursuant to Chapter 44, Section 7 (1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor, or to take any other action in relation thereto.

[Article 8 has been withdrawn by the Board of Selectmen at the request of the Littleton Common Sewer Feasibility Study Committee. No action will be taken at town meeting.]. 

No affirmative action taken under Article 8.

ARTICLE 9 - Board of Selectmen/School Committee/Trust Fund Commissioners - M.H. Kimball Trust School Grant Funds 

To see if the Town will vote to transfer $14,200 from a grant from the M.H. Kimball Trust to the Littleton School Department for the purpose of providing students with access to current technology through the purchase of additional technology items for students and staff at the Russell Street Elementary School and costs related thereto, 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, Trust Fund Commissioners, School Committee, and Board of Selectmen support Article 9.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 10 - Board of Selectmen - FY 2014 Revolving Funds 

To see if the Town will vote to authorize the following Fiscal Year 2014 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 $100,000 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. 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; 
  4. 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; 
  5. 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; 
  6. 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; 
  7. 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; 
  8. 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; 
  9. 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; 
  10. 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; 
  11. Cemetery Revolving: to allow a portion of receipts received from sales of lots to be segregated into a special account: and with funds therefrom, up to a limit of $10,000 annually, to be expended for expenses associated with maintenance of such under the direction of the Cemetery Commissioners, with the prior year’s fund balance to be available for expenditure; 
  12. Permitting Software: to allow a portion of receipts received from land use permit fees to be segregated into a special account: and with funds therefrom, up to a limit of $15,000 annually, to be expended for expenses associated with maintenance of permitting software under the direction of the Board of Selectmen, with the prior year’s fund balance to be available for expenditure; 
  13. Police Cruisers sale proceeds: to allow the proceeds resulting from the sale/disposal of retired police vehicles to be segregated into a special account: and with funds therefrom, up to a limit of $25,000 annually, to be expended for expenses associated with purchasing Police replacement vehicles authorized under the Capital Plan under the direction of the Board of Selectmen, with the prior year’s fund balance to be available for expenditure; and 
  14. Paper Recycling: to allow the proceeds resulting from the disposal/sale of recyclable paper product collected to be segregated into a special account: and with funds therefrom, up to a limit of $3,000 annually, to be expended for expenses associated with programming expenses of the Department of Elder and Human Services under the direction of the Council on Aging, 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 2014 Revolving Funds precisely as set forth in Article 10 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 10.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 11 - 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, as follows: 

  1. By adding the position of “Plumbing & Gas Inspector” to Grade 10 of Schedule A, Permanent Full and Part-time Employees, of the Classification and Compensation Plan; and 
  2. By amending Schedule C of the Classification and Compensation Plan to read as follows: Temporary/Seasonal Park & Recreation Department positions, 2013 Season
GRADESTEP 1STEP 2STEP 3STEP 4STEP 5

1 hourly

8.008.168.408.668.92

2 hourly

8.258.428.678.939.20

3 hourly

9.209.389.679.9610.25

4 hourly

9.759.9510.2410.5510.87

5 hourly

9.8010.0010.3010.6010.92

6 hourly

11.1011.3211.6612.0112.37

7 hourly

11.3511.5811.9212.2812.65

8 hourly

12.5512.8013.1913.5813.99

9 hourly

13.5013.7714.1814.6115.05

10 hourly

17.0017.3417.8618.4018.95

GRADE 1 
Program Aide I 
GRADE 2 
Junior Camp Counselor 
Snack Hut Attendee 
Program Aide II 
GRADE 3 
Lifeguard I 
Junior Sailing Instructor 
Maintenance Technician 
GRADE 4 
Snack Hut Manager 
Camp Senior Counselor 
Intern 
GRADE 5 
Lifeguard II/WSI 
Sailing Instructor 
Junior Guard Coordinator 
Aftercare Coordinator 
GRADE 6 
Camp Lead Counselor 
Summer Program Coordinator 
GRADE 7 
Camp Specialists 
Head Lifeguard 
GRADE 8 
Seasonal Programs Instructor 
Camp Assistant Director 
Sailing Coordinator 
GRADE 9 
Special Course Coordinator 
GRADE 10 
Preschool Instructor 
Camp Director 
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 11 as printed in the warrant.

Finance Committee, Personnel Board, Board of Selectmen, and Park & Recreation Commission support Article 11. 

Article 11 does not pass; does not receive required majority vote.

ARTICLE 12 - Board of Selectmen - Community Preservation Fund Local Appropriation

To see if the Town will vote to dedicate revenue to the Community Preservation Fund in an amount not greater than 2% of the real estate tax levy against real property against other sources of municipal revenue as specified in MGL Chapter 44B, section 3(b1/2), and to raise and appropriate or transfer from available funds a sum of money to the Community Preservation Fund, and or to take any other action in relation thereto. 

[Article 12 has been withdrawn by the Board of Selectmen, pending release of guidelines from the Department of Revenue on implementation of Community Preservation Act amendments enacted in July 2012. No action will be taken at town meeting.]. 

No affirmative action taken under Article 12. 

ARTICLE 13 - Community Preservation Committee - FY 2014 Community Preservation Budget 

To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the Fiscal Year 2014 Community Preservation Budget, to appropriate or reserve from FY 2014 Community Preservation Fund annual revenues and reserves the following amounts, as recommended by the Community Preservation Committee, with each item considered a separate appropriation:

Appropriations 

Administration

$5,000

Debt service – from FY 2014 open space

13,400

Debt service – from open space reserve

775

Debt service – from FY 2014 historic resources

13,400

Debt service – from historic resources reserve

2,375

Debt service – from FY 2014 undesignated

31,088

Regional Housing Services – from FY 2014 community housing reserve

15,000

Town Clerk Vault/Dehumidifier – from FY 2014 historic resources reserve

20,000

300 King Street Recreation - from undesignated reserve

200,000

Sub-total

$301,038

Reserves

 

Open Space (to Reserve)

$0

Community Housing (to Reserve)

13,400

Budgeted Reserve (to Reserve)

88,800

Sub-total

102,200

TOTAL

$403,238

Motion: Moved and seconded by the Community Preservation Committee to approve the appropriations and reserves itemized and described in Article 13 as printed in the warrant.

Community Preservation Committee, Finance Committee and Board of Selectmen support Article 13. 

Declared passed by a majority vote. So voted.

ARTICLE 14 - Board of Selectmen - Home Rule Petition: Conservation, Recreation Land Exchange 

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation as set forth below authorizing a land exchange between the Conservation Commission and the Park and Recreation Commission, provided, however, that the General Court may make clerical or editorial changes of form only to said bill, unless the Board of Selectmen approves amendments thereto prior to enactment by the General Court, and provided further that Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition: 

SECTION 1. The conservation commission of the town of Littleton may transfer the care, custody, management and control of the dry (non-wetland) portion of the parcel shown as “Parcel A Open Space”, on a certain plan of land entitled “Definitive Subdivision Plan for Shelburne Village at Littleton Over 55 Housing Development”, prepared by R. Wilson and Associates dated September 27, 2006 and recorded with the Middlesex South District Registry of Deeds as Plan 1529 of 2006, which was acquired by the town and held for conservation purposes, to the Park and Recreation Commission for municipal recreation purposes. The dry (non-wetland) portion of said parcel, shown on a plan entitled, “Plan of Parcel A Open Space”, has been declared surplus by the conservation commission. 

SECTION 2. The park and recreation commission of the town of Littleton may transfer the care, custody, management and control of the parcels of land shown as Lots 5A, 6A, 7A and 11A on a plan entitled “Apple D’Or Farms”, prepared by J.D. Marquedant & Associates, Inc. dated November 20, 1998 and recorded with the Middlesex South District Registry of Deeds as Plan 623 of 1999, which together contain proximately 5.18 acres and were acquired by the town and held for municipal recreation purposes, to the Conservation Commission for open space and conservation purposes. These parcels have been declared surplus by the park and recreation commission. 

SECTION 3. This act shall take effect upon its passage.

And, further, provided that the special legislation is approved by the General Court in a form consistent with the provisions of this article, to transfer the care, custody, management and control of the affected parcels of land as described in the special legislation, or 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 warrant, with the last sentence of SECTION 1 therein to read as follows: "The dry (non-wetland) portion of said parcel, shown as Parcel A2 “for recreation” on a plan by R. Wilson Associates dated May 6, 2013, has been declared surplus by the conservation commission."

Board of Selectmen, Park & Recreation Commission, & Conservation Commission support Article 14. 

Declared passed by a unanimous vote. So voted.

ARTICLE 15 - Board of Selectmen - Acquisition of Congregational Church Meadow Property, 194 Great Road

To see if the Town will vote to: 

  1. Raise and appropriate and/or borrow a sum of money for the acquisition by gift, purchase, or eminent domain of a fee simple interest or lesser interest in a parcel of land approximately 7.16+/- acres, together with all flowage rights and easements and subject to all well rights and easements appurtenant thereto, currently owned by the Congregational Church of Littleton, located at 194 Great Road in the Town of Littleton and described by the Littleton Board of Assessors as Parcel U06 4 0, and to meet said appropriation with funds transferred and/or borrowed in accordance with M.G.L. Chapter 44B, the Community Preservation Act, 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; 
  2. Authorize the Town Administrator, Board of Selectmen and/or Conservation Commission to file on behalf of the Town any and all applications deemed necessary under the Self-Help Act (M.G.L. Chapter 132A, Section 11) and the regulations described in 301 CMR 5.00, the Land and Water Conservation Fund (P.L. 88-578, 78 Stat 897), or any other applications for funds in any way connected with the scope of this acquisition; 
  3. Provide that said parcel, or such lesser interest as may be acquired, shall be under the care, custody, management and control of the Board of Selectmen and held for the purposes of (a) agricultural use and/or (b) sale or lease to third parties who shall engage in such agricultural use; and 
  4. Authorize the Town Administrator and the Board of Selectmen, as they deem appropriate, to enter into all agreements and execute any and all instruments including the conveyance of a perpetual conservation or agricultural preservation restriction in accordance with M.G.L. Chapter 184 as required by Section 12(a) of Chapter 44B, as may be necessary on behalf of the Town to affect, or further the purposes of, said acquisition. 

Or take any other action in relation thereto. 

Motion: Moved and seconded by the Community Preservation Committee that the Town vote as follows:

  1. To transfer from Community Preservation Undesignated Reserve the sum of $145,000 and to appropriate and borrow the sum of $270,000 in accordance with M.G.L. Chapter 44B, the Community Preservation Act, for a total of $415,000, for the acquisition by gift, purchase, or eminent domain of a fee simple interest or lesser interest in a parcel of land approximately 7.16+/- acres, together with all flowage rights and easements and subject to all well rights and easements appurtenant thereto, currently owned by the Congregational Church of Littleton, located at 194 Great Road in the Town of Littleton and described by the Littleton Board of Assessors as Parcel U06 4 0, 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; 
  2. To authorize the Town Administrator, Board of Selectmen and/or Conservation Commission to file on behalf of the Town any and all applications for grant funds pursuant to the Self-Help Act (M.G.L. Chapter 132A, Section 11), the regulations described in 301 CMR 5.00, and the requirements of the Land and Water Conservation Fund (P.L. 88-578, 78 Stat 897), or any other applications for funds in any way connected with the scope of this acquisition; 
  3. To provide that said parcel, or such lesser interest as may be acquired, shall be under the care, custody, management and control of the Board of Selectmen or its nominee and held for the purposes of (a) agricultural use and/or (b) sale or lease to third parties who shall engage in such agricultural use; and
  4. To authorize the Town Administrator and the Board of Selectmen, as they deem appropriate, to enter into all agreements and execute any and all instruments including the conveyance of a perpetual conservation or agricultural preservation restriction in accordance with M.G.L. Chapter 184 as required by Section 12(a) of Chapter 44B, as may be necessary on behalf of the Town to effect, or further the purposes of, said acquisition, or to satisfy the requirements of any grant fund received to effectuate this article.

Community Preservation Committee, Finance Committee, Board of Selectmen, Agricultural Commission support Article 15. 

In favor: 258; opposed: 12. Declared passed by a 2/3rds vote. So voted.

ARTICLE 16 - 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 2014, 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 approve Article 16 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 16.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 17 - Board of Selectmen - FY 2014 Personal Exemption Amounts 

To see if the Town will vote to accept Chapter 73 of the Acts and Resolves of 1986, as amended by Chapter 126 of the Acts and Resolves of 1988, and under the provisions thereof to grant additional real estate tax exemptions for fiscal year 2014 to those persons who otherwise qualify for an exemption under Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A or 41C of section 5 of Chapter 59 of the General Laws (elderly persons, disabled veterans, or blind persons), in an amount equal to twenty percent (20%) of said exemption, 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 17 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 17.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 18 - Board of Selectmen - Payment In Lieu of Taxes - Solar 

To see if the Town will vote to authorize the Board of Selectmen to enter into and execute on behalf of the Town a tax agreement, as authorized by MGL Chapter 59, section 38H, with NextSun Energy LLC with respect to annual payments in lieu of real and personal property taxes for a term of up to twenty years relative to a solar energy system with an AC-rated capacity of up to four megawatts, to be installed on a parcel of land owned by PR Littleton Expansion LLC and located at 1-3 Distribution Center Circle, Littleton, 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 18 as printed in the warrant.

Finance Committee, Board of Selectmen, and Solar PILOT Subcommittee support Article 18. 

Declared passed by a majority vote. So voted.

ARTICLE 19 - Board of Selectmen - Tax Title Abutter Lot Sales Program – List of Parcels 

To see if the Town will vote to add the following list of properties to the “Tax Title Abutter Lot Sales Program” established by Article 10 of the November 14, 2011 Special Town Meeting:

Map/ParcelLot Size (sq.ft.)Address

U12-110

4000.1Narcissus Rd

U12-158

1999.8Pine Rd

U12-151

2000Pine Rd

U12-122

4000.1Oak Rd

U15-95

4000.1Suffolk Dr

U14-104

799.9Shaker Lane

U15-182

4000.1Middlesex Dr

U15-44

4000.1Ipswich Dr

U17-296

4000.1Washington Dr
U17-1964000.1Forest St

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 19 as printed in the warrant.

Board of Selectmen supports Article 19.

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

ARTICLE 20 - Planning Board - Zoning By-law Amendment: Open Space Development

To see if the Town will vote to amend the Zoning By-law of the Town of Littleton as follows: 

  1. Amend §173-104.A by deleting subsection A therefrom in its entirety, and inserting in its place the following: 
    1. Except as modified by Subsection B below, the maximum number of dwelling units in an Open Space Development shall be calculated via a Density Yield Plan. A Density Yield Plan shall show the number of building lots that can be developed by right in a conventional subdivision under the zoning requirements of the Zoning By-Law (other than the Special Permit provisions under this Article XIX, Open Space Development) and all applicable land use regulations in the district (including wetlands protection), and complying with the Subdivision Rules and Regulations, as demonstrated by a preliminary subdivision density yield plan. The applicant must further certify that each lot identified on the Density Yield Plan can support the placement of an on-lot septic system for a four bedroom residential dwelling, as evidenced by a soils and percolation tests, consistent with Title 5. Such Density Yield Plan shall be submitted with the Open Space Development special permit application and shall be subject to the review and approval of the Planning Board. The applicant is encouraged to submit such material to the Planning Board office early in the development process, prior to submittal of a completed application, for verification and acceptance of the proposed development density. 
  2. Further amend §173-104 by deleting subsections B, C and D therefrom in their entirety and designating existing subsection E as subsection B to account for the deletions. 
  3. Amend §173-98.C by inserting a new subsection (2) as follows: A “Density Yield Plan” sketch (at a scale of no less than 1”=100’) showing how development of the parcel would be achieved by a conventional subdivision plan, in accordance with all applicable land use regulations, to determine the maximum allowable density under this Special Permit. 

and renumbering the existing subsections that follow to account for the new insertion, or to take any other action in relation thereto.

Motion: Moved and seconded by the Planning Board that the Town vote to approve Article 20 as printed in the warrant.

Planning Board supports Article 20. Board of Selectmen [3-1-1] and Board of Health [5-0] do not support Article 20. 

In favor: 198; opposed: 44. Declared passed by a 2/3rds vote.

ARTICLE 21 - Planning Board - Zoning By-law Amendment: Temporary Moratorium on Medical Marijuana Treatment Centers 

To see if the Town will vote to amend the Zoning Bylaw of the Town of Littleton by adding a new Article XXVII, to read as follows: 

ARTICLE XXVII, Temporary Moratorium on Medical Marijuana Treatment Centers

§173-185. Purpose.

By vote at the State election on November 6, 2012, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes. The law provides that it is effective on January 1, 2013 and the State Department of Public Health is required to issue regulations regarding implementation within 120 days of the law’s effective date. Currently under the Zoning Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town and any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including Medical Marijuana Treatment Centers. The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Medical Marijuana Treatment Centers and other uses related to the regulation of medical marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to adopt provisions of the Zoning Bylaw in a manner consistent with sound land use planning goals and objectives. 

§173-185. Definition.

“Medical Marijuana Treatment Center” shall mean a not for profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. 

§173-187. Temporary Moratorium.

For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center. The moratorium shall be in effect through June 30, 2014. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations regarding Medical Marijuana Treatment Centers and related uses, and shall consider adopting new provisions of the Zoning Bylaw to address the impact and operation of Medical Marijuana Treatment Centers and related uses. 
or take any other action in relation thereto.

Motion: Moved and seconded by the Planning Board that the Town vote to approve Article 21 as printed in the warrant.

Planning Board and Board of Selectmen support Article 21. 

In favor: 243; opposed: 4. Declared passed by a 2/3rds vote.

ARTICLE 22 - Voter Petition - Zoning By-law Amendment: Extensive Recreation Special Permit Granting Authority

To see if the Town will vote to amend the Use Regulation Schedule 173-26 of the Town of Littleton Zoning Bylaws under Recreational Uses section “Extensive Recreation” to allow the Planning Board to be the special permit granting authority, or to take any other action in relation thereto.

No affirmative action taken under Article 22.

ARTICLE 23 - Voter Petition - Zoning By-law Amendment: Extensive Recreation Definition

To see if the Town will vote to amend the definition of “Extensive Recreation” to: 

Golf Courses laid out substantially in accordance with the usual requirements or specifications of the United States Golf Association, ski areas, indoor and outdoor sports fields and recreational facilities which primarily use, preserve or provide open space, together with clubhouses and appurtenant facilities, whether or not operated for profit. Such appurtenant facilities may provide for recreational activities not directly connected with the use of open space, provided that in no event shall structures housing said recreational activities occupy more than five percent (5%) of the lot area. Additionally, such appurtenant facilities may also include the following commercial uses: office, restaurant and retail sales and services; provided that in no event shall structures housing said commercial uses occupy more than five percent (5%) of the lot area. In no event shall the appurtenant facilities housing recreational activities and the appurtenant facilities housing commercial activities combines occupy more than ten percent (10%) of the lot area. 
or take any other action in relation thereto.

No affirmative action taken under Artilce 23.

ARTICLE 24 - Board of Selectmen / Conservation Commission - Town By-law Amendment: Wetlands Protection 

To see if the Town will vote to amend Chapter 171, Wetlands Protection, of the Town Code as follows: 

  1. Amend §171-1 by inserting a new subsection C, to read as follows: The Commission may establish, in its rules and regulations, design specifications, performance standards, and other measures and safeguards, including setbacks, no-disturb areas, and other work limits for protection of such areas subject to protection. 
  2. Further amend §171-1 by renumbering the remaining existing subsections to account for the insertion of new Subsection 171-1.C.
  3. Amend the title of §171-7 so that said title reads as follows: General provisions, presumptions, performance standards, rules and regulations, and statute of limitations. 
  4. Amend §171-7.A so that said subsection reads as follows: Except as otherwise provided in this chapter or in the Rules and Regulations promulgated in accordance with this chapter, the provisions set forth in M.G.L. c.131, § 40, 310 CMR 10.03(1) through 10.03(6)(Presumptions), 310 CMR 10.04 (Definitions), and 310 CMR 10.51 through 10.60 (Performance Standards) shall be used for the interpretation and implementation of this chapter. 
  5. Amend §171-7 by inserting a new subsection B, to read as follows: After due notice, a public hearing, and approval by the Board of Selectmen, the Commission shall promulgate rules, regulations and procedures for compliance with this Bylaw, a copy of which shall be filed with the Town Clerk. Failure by the Commission to promulgate such rules, regulations or procedures or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effects of this Bylaw. 
  6. Further amend §171-7 by renumbering the remaining existing subsection to account for the insertion of new Subsection 171-7.B.

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 24 as printed in the warrant.

Board of Selectmen and Conservation Commission support Article 24.

Declared passed by a unanimous vote. So voted.

ARTICLE 25 - Board of Selectmen / Council on Aging - Town By-law Amendment: Director of Elder and Human Services 

To see if the Town will vote to amend Chapter 3, Section 3 of the Town Code so that said section 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 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.” 

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 25 as printed in the warrant.

Board of Selectmen and Council on Aging support Article 25. 

Declared passed by a majority vote. So voted.

ARTICLE 26 - Board of Selectmen - Senior Work Program 

To see if the Town will vote to request the Board of Assessors to commit $55,000, or any other sum or sums of money, from the 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 approve Article 26 as printed in the warrant.

Finance Committee, Board of Selectmen, and Council on Aging support Article 26.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 27 - Board of Selectmen - Use of MassDOT Chapter 90 Funds

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 in the amount of $573,593 for authorized road improvements and other projects provided for under Chapter 90 of the General Laws.

Finance Committee and Board of Selectmen support Article 27.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 28 - Board of Selectmen - Drainage Easement on Harvard Road 

To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain an easement and/or rights in a portion of the parcel of land shown on Assessor’s Map R16 as Parcel 1-6 for the purposes of making certain roadway improvements on Harvard Road, said portion being shown as “Parcel 1” on the plan of land entitled "Harvard Road Easement Plan,” dated March 22, 2013 and prepared by Green International Affiliates, Inc., 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 28 as printed in the warrant.

Board of Selectmen supports Article 28.

Declared passed by a unanimous vote. So voted.

ARTICLE 29 - Board of Selectmen - Sewer Easements on Grist Mill Road and Surrey Road 

To see if the Town will vote to authorize the Board of Selectmen to convey to Fifteen Great Road, LLC, Fifteen Great Road II, LLC, John R. Keilty, as Trustee of Littleton Holding Realty Trust u/d/t dated April 8, 2010, John R. Keilty, as Trustee of Nashoba Place Realty Trust u/d/t dated December 22, 2011, recorded with Middlesex South District Registry of Deeds in Book 58154, Page 117, and/or Leslie J. French, as Trustee of JFM Realty Trust u/d/t dated February 24, 2005, recorded with Middlesex South District Registry of Deeds in Book 44725, Page 478 (individually and collectively, along with their respective successors and assigns, the “Developer”) the easements and rights needed from the Town to allow the Developer to install and maintain underground sewer lines and cleanouts, manholes, markers, magnetic marking tape, insulation for the sewer lines, posts to identify where the sewer lines cross under the public way and such other appurtenances as are normally associated with the installation of such sewer lines on, above or beneath Grist Mill Road and Surrey Road in order to connect Lot 41A as shown on a plan entitled “PHASE II ‘Apple D’Or Farms’ Subdivision of Land in Littleton, Massachusetts”, dated January 2, 1998, and recorded with the Middlesex South District Registry of Deeds as Plan No. 704 of 1998), Lots 46A, 47A, 97A, 102A, 127A and 128A as shown on a Plan of Land entitled “Plan of Land in Littleton, Massachusetts”, dated September 8, 1999, and recorded in the Middlesex South District Registry of Deeds as Plan Number 1419 of 1999), to a wastewater treatment facility the Developer proposes to construct on Lot 1 as shown on the entitled “PLAN OF LAND, LOCATION; 15 GREAT ROAD, TOWN: LITTLETON, MASSACHUSETTS, PREPARED FOR: FIFTEEN GREAT ROAD LLC” Dated December 2, 2012, by Places Associates, Inc., recorded in the Middlesex South District Registry of Deeds as Plan No. 86 of 2013, or to take any other action in relation thereto. 

Motion: to be made at town meeting.

Board of Selectmen has no recommendation [3-2]. 

Article 29 does not pass. Does not receive required majority vote.

ARTICLE 30 - Board of Selectmen / Board of Health - Community Septic System Repair Loan Program 

To see if the Town will vote to appropriate the sum of $300,000 for the purpose of financing the following water pollution facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow said sum and issue bonds or notes therefore under M.G.L. c.111, s.127B 1⁄2 and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by the property owners, in accordance with those agreements, but such bonds or notes shall be general obligations of the Town; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the Board of Selectmen or other appropriate local body or official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects, or to take any other action relative thereto.

Motion: Moved and seconded by the Board of Health that the Town vote to approve Article 30 as printed in the warrant.

Board of Health, Finance Committee, and Board of Selectmen support Article 30.

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

ARTICLE 31 - Board of Selectmen - Rescind Unused Borrowing Authorizations

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 VoteProjectAuthorizationAmount IssuedTotal to be Rescinded

11/8/2010 STM Art. 9

Cobb Land Purchase$323,955.68$323,955.00$0.68

5/3/2010 STM Art. 7

Road Resurfacing/ Water Mains100,000.0094,400.005,600.00

9/24/2001 STM Art. 5

Clean Lakes50,000.00-50,000.00

5/3/1999 ATM Art. 25

Septic System Betterments250,000.00-250,000.00
 Total  $305,600.68

Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 31 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 31.

[Consent Calendar Article: approved by unanimous vote]