|Monday, May 6, 2019 at 7:00 PM|
|Charles Forbes Kaye Gymnasium, Littleton Middle School, 55 Russell Street, Littleton, MA 01460|
|Annual Town Meeting posted|
Town Meeting Report:
|Town Meeting Report - w/motions, recommendations, explanations|
|Town Meeting Report Updates - w/ revised motions, list of articles withdrawn|
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 2020: Fence Viewers: Timothy Harrison Whitcomb, Joseph Knox; Field Driver: Raymond C. O’Neill; Surveyor of Timber & Measurer of Wood Bark: Henry Parlee; Measurers and Weighers of Grain, Hay, Coal and Livestock: Tom Wood, Ron Polack, Michelle Roche, Cindy McNiff & Peter Wormell.
Board of Selectmen supports Article 1.
[Call of the Articles] Article 1 approved by unanimous vote.
ARTICLE 2 - Board of Selectmen - Annual Reports
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 receive the reports of the Town Officers and Committees as contained in the 2018 Annual Town Report.
Board of Selectmen supports Article 2.
[Call of the Articles] Article 2 approved by unanimous vote.
ARTICLE 3 - Board of Selectmen - FY 2020 Revolving Funds
To see if the Town will vote pursuant to Town Code Chapter 18, Finances, Article V, Departmental Revolving Funds, which established and authorizes revolving funds governed by General Laws Chapter 44, § 53E½ for use by town departments, boards, committees, agencies and officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities, to establish the following annual expenditure limitations pursuant to §18-12(C) for the fiscal year beginning July 1, 2019 and ending June 30, 2020, or to take any other action in relation thereto.
Expenses for which funds may be used
Expenditure limit FY 2020
Fees charged and received by the Building Inspector for gas, plumbing and electrical inspections
Salaries or wages of inspectors performing gas, plumbing or electrical inspections and expenses related to those inspections
Alarm Box Repairs
Fees charged from false alarm calls
Expenses related to alarm box repairs
Fees charged and received by the Fire Department for CPR courses
Expenses related to providing CPR courses
Sealer of Weights & Measures
Board of Selectmen
Fees charged and received by the Town Sealer of Weights & Measures for equipment inspections
Contractual Services related to those inspections
MART Bus fees
Elder & Human Services
Reimbursements from the Montachusett Regional Transit Authority (MART) and bus fees
Salaries or wages of van drivers related to the operation of the transportation program
Fees charged and received by the Cemetery Commission for Pet Cemetery fees
Contractual Services or expenses related to those services
Spectacle Pond Cell Tower
Clean Lakes Committee
Receipts from the Spectacle Pond Cell Tower rental agreements
Contractual Services or expenses related to the Clean Lakes Program
Board of Appeals
receipts paid by applicants for advertising costs
Advertising or publishing related expenses for applicants
a portion of receipts received from sales of lots
Expenses related to the maintenance of lots
Board of Selectmen
a portion of receipts received from land use permit fees
expenses associated with maintenance fees of permitting software
proceeds resulting from the disposal/sale of composting bins
expenses associated with the Sustainability program
LCTV Boxborough IMA
Board of Selectmen
proceeds resulting from the provision of LCTV cable services to Town of Boxborough through intermunicipal agreement
expenses associated with the provision of said services
School Department Transportation
proceeds resulting from user fees from providing school bus transportation
Contractual expenses associated with providing student bus transportation
School Department One to One Technology
proceeds resulting from user fees from technology lease purchases
expenses associated with one to one technology initiative for students
fees paid for community gardens
Contractual services for maintenance and improvements of said gardens
[Article 3 establishes annual expenditure limitations on revolving funds established by the Town By-law adopted by the May 1, 2017 Annual Town Meeting. Revolving funds are used to raise revenues for specific services and use those revenues without appropriation to support the service. Wages or salaries for full-time employees may be paid from the revolving fund only if the fund is also charged for all associated fringe benefits.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 3 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 3.
[Call of the Articles] Article 3 approved by unanimous vote.
ARTICLE 4 - Finance Committee/Board of Selectmen - FY 2020 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, 2019, or to take any other action in relation thereto.
[Article 4 is the FY 2020 recommended budget and financing plan reached by the Finance Committee, Board of Selectmen, and School Committee. As shown in the table on page 9 [in the Town Meeting Report], the total spending plan for FY 2020 is in balance at $55,824,414. The Town’s proposed operating budget represents an increase of $528,783, or 5.85% over FY 2019; the School Department’s appropriation, an increase of $1,311,922, or 6.6%; and employee/retiree benefit costs for Town/Schools, an increase of $222,776, or 2.32%]
Motion: Moved and seconded by the Finance Committee that the Town vote to raise and appropriate the sum of $46,988,480 and transfer from the funds specified herein the sum of $1,385,065, for a total of $48,373,545 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, 2019.
SELECTMEN / TOWN ADMINISTRATOR
FINANCE AND BUDGET
ELECTIONS & REGISTRATIONS
Transfer In - Wetland Fund
Transfer In - Cable Studio Benefits
TOWN REPORT / TOWN MEETING
Transfer In - Cable Revolving
Transfer In - Cable Access Fees
POLICE / DISPATCH
FIRE / EMS DEPARTMENT
Transfer In -Ambulance Fees
Transfer In - Inspectional Revolving
TECHNICAL SCHOOL EXPENSE
Park Maintenance Personal Services
Park Maintenance Expense
Transfer In - PRCE Enterprise Field fees
SNOW & ICE
CLEAN LAKES EXPENSES
Transfer In – Clean Lakes
Transfer In - Cemetery Trust
Transfer In - Sale of Cemetery Lots
Transfer In - Graves
Assessment - Nashoba BOH
Assessment - Nashoba Nursing
Assessment - Eliot Clinic
Assessment - SANS Program
ELDER AND HUMAN SERVICES
Transfer Out to TREAD Tax Relieft
REUBEN HOAR LIBRARY
Merrimack Valley Assessment
Transfer In - Library Trust Fund
PARK AND RECREATION DEPT
Recreation Enterprise Subsidy
OTHER CULTURE & RECREATION
LONG TERM DEBT
SHORT TERM DEBT
Transfer In - Self Help Grant
Transfer In - Wastewater Settlement
Transfer In - Oak Hill Cell Tower
Transfer In - Newtown Hill Cell Tower
Transfer In - Bond Premium
Transfer In - Community Preservation
Transfer In - Light Department
Total Appropriated Budgets
Finance Committee, Board of Selectmen, and School Committee support Article 4.
Article 4 approved by unanimous vote.
ARTICLE 5 - Board of Selectmen - Use of Debt Exclusion Stabilization Fund for FY 2020 Excluded Debt [2/3rds vote required]
To see if the Town will vote to transfer from the Debt Exclusion Stabilization Fund established by Article 12 of the May 2, 2016 Special Town Meeting for the purpose of reducing the amount of existing debt service and/or the amount of debt needed to be placed when final bonding occurs for borrowing authorizations, both having been exempted from the provisions of Proposition 2½, an amount of up to $295,891.26 to apply to pay for excluded debt service for the fiscal year beginning July 1, 2019, or to take any other action in relation thereto.
[Article 5 uses the Debt Exclusion Stabilization Fund to reduce the cost of debt passed onto property taxpayers for projects previously voted and excluded from Proposition 2½.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 5 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 5.
[Call of the Articles] Article 5 approved by unanimous vote.
ARTICLE 6 - Board of Water Commissioners - FY 2020 Water Enterprise Fund Operating Budget
To see if the Town will vote to appropriate $4,080,936 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, 2019 (detail below), or to take any other action in relation thereto.
I. Water Enterprise Revenues
Other Departmental Revenue
Enterprise Available Funds
II. Costs Appropriated for the Enterprise Fund
Salaries and Wages
Capital Outlay – Equipment
Capital Outlay – Improvements
Debt Principal and Interest
Total Costs Appropriated for Enterprise Fund
III. Costs Appropriated for General Fund to be Charged to the Enterprise Fund
Total Costs Appropriated for the General Fund.
[Article 6 funds the Water Enterprise Fund for FY 2020. The Water Department’s budget request is an increase from FY 2019. The increase of approximately 1.4%, is to be able to fund capital projects due to projected increased water demand, including improvements to the Spectacle Pond Treatment Plant, Whitcomb Ave. well field and treatment facility, the rehabilitation of the Newtown Storage Tank, and the demolition of the old highway garage at 74 Whitcomb Avenue. There is no General Fund subsidy for the Water Enterprise Fund, which is fully funded by water revenues. Water Enterprise free cash balance for 7/1/18 is estimated at $782,738, of which $384,471 is proposed to be applied to FY 2020. The water enterprise fund free cash balance was $1,088,652 on 7/1/17; $814,285 on 7/1/16; and $549,826 on 7/1/15.]
Motion: Moved and seconded by the Board of Water Commissioners that the Town vote to approve Article 6 as printed in the warrant.
Finance Committee, Board of Water Commissioners, and Board of Selectmen support Article 6.
[Call of the Articles] Article 6 approved by unanimous vote.
ARTICLE 7 - Park & Recreation Commission - FY 2020 Park, Recreation & Community Education Enterprise Fund Operating Budget
To see if the Town will vote to appropriate $1,065,706 or any other sum or sums of money from the Park, Recreation & Community Education Enterprise Fund to finance the operation of the Park, Recreation and Community Education Department for the fiscal year beginning July 1, 2019 (detail below), or to take any other action in relation thereto.
I. PRCE Enterprise Revenues
Transfer In from Recreation Fund
Transfer In from General Fund
Enterprise Available Funds
II. Costs Appropriated for the Enterprise Fund
Salaries and Wages
Transfer to General Fund – Field Maintenance
Capital Outlay – Equipment
Capital Outlay – Improvements
Debt Principal and Interest
Total Costs Appropriated for Enterprise Fund
III. Costs Appropriated for General Fund to be Charged to the Enterprise Fund
Total Costs Appropriated for the General Fund.
[Article 7 funds the FY 2020 enterprise fund for the Park, Recreation & Community Education Department. Prior to FY 2016, PRCE had been funded both by an annual operating budget and by a series of separate revolving funds. All fees generated by PRCE are now retained by its enterprise fund, with the balance certified annually by the state’s Department of Revenue. For FY 2020, the general fund subsidy for PRCE is $230,000, which covers the salaries and benefits of both the director and assistant director. PRCE Enterprise Fund free cash balance for 7/1/18 is estimated at $220,530, of which $75,000 is proposed to be applied to FY 2020. The free cash balance was $304,449 on 7/1/17; $226,049 on 7/1/16; and $152,426 on 7/1/15.]
Motion: Moved and seconded by the Park & Recreation Commission that the Town vote to approve Article 7 as printed in the warrant.
Finance Committee, Park & Recreation Commission, and Board of Selectmen support Article 7.
[Call of the Articles] Article 7 approved by unanimous vote.
ARTICLE 8 - Board of Selectmen/ Finance Committee - FY 2020 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, and for costs incidental and related thereto, or to take any other action in relation thereto.
I. POLICE DEPARTMENT
A. Police Patrol Vehicle Replacement - $65,000 to be expended by the Police Department for replacement of one police patrol vehicle with a Ford Police Inceptor.
[This funds one fully marked patrol Ford Police Interceptor SUV to replace one line car from the fleet. This vehicle is a front line response vehicle in the community.]
B. Police Administrative Vehicle Replacement - $48,000 to be expended by the Police Department for replacement of one unmarked police administrative vehicle.
[This funds one police administrative vehicle to replace an existing vehicle.]
C. Police Public Safety Radio Maintenance - $25,000 to be expended by the Police Department for a maintenance agreement to cover public safety and public works radio system infrastructure.
[This funds the contract for maintenance and repair of police radios.]
D. Police Vehicle Maintenance -$7,500 to be expended by the Police Department for tire replacement and equipment maintenance of its fleet of vehicles.
[This funds all-season tires for police cruisers.]
E. Police Station carpet -$4,560 to be expended by the Police Department for new carpeting in the emergency operations center of the Police Station.
[This funds new carpeting in a portion of the Police Headquarters building.]
II. FIRE DEPARTMENT
A. Fire Major Equipment Repair -$25,000 to be expended by the Fire Department for major equipment repairs and upkeep.
[This funds an annual appropriation to ensure that the Fire Department’s multi-million-dollar fleet of equipment is maintained properly, and to prepare for unforeseen major equipment repairs.]
B. Protective Clothing Replacement - $15,000 to be expended by the Fire Department for the fifth year of an annual replacement program for turnout gear.
[This allows the Fire Department to purchase five sets of structural firefighting gear. NFPA mandates that structural firefighting gear be replaced every ten years. This is an ongoing program to ensure department compliance and members’ safety.]
C. Fire Hose Replacement - $15,000 to be expended by the Fire Department for hose replacement for fire pumps.
[This funds replacement of all of the outdated hose line on one fire engine.]
III. HIGHWAY DEPARTMENT
A. Highway Major Equipment Repair - $20,000 to be expended by the Highway Department for major equipment repairs and upkeep.
[This funds Highway Department unforeseen repair expenses for large truck/equipment transmission repairs or replacement, engine repairs, repairs to suspensions, drive lines, major tire replacements on all equipment and trucks.]
B. Mack 6 Wheel Dump Truck Replacement - $251,000 to be expended by the Highway Department to replace a 1992 Mack 6-wheel dump truck with plow.
[This funds replacement of a 1992 Mack 6 Wheel Dump Truck used to plow snow, treat roads, and work on road construction projects. This is a front-line piece of equipment that is used year-round.]
C. One-Ton Dump Truck, Plow Replacement - $72,000 to be expended by the Highway Department to replace a 2004 one-ton dump truck with plow with a Ford F-550.
[This funds replacement of a 2004 one ton dump truck and plow used to plow snow, treat roads, and work on road construction projects. This is a front-line piece of equipment that is used year-round.]
D. Sports Fields Major Repair and Maintenance - $20,000 to be expended by the Highway Department for major repairs and maintenance to the Town’s sports fields.
[This funds maintenance of the sports fields including but not limited to sod replacement, aeration, top dressing, infield mix, etc.]
E. High School Sidewalk Replacement - $250,000 to be expended by the Highway Department for replacement of sidewalks at Littleton High School.
[This funds replacement of a portion of the existing sidewalks and curbs at the high school with new granite curbs and concrete sidewalks with ADA-compliant curb ramps.]
F. Recreation Mower Replacement - $25,000 to be expended by the Highway Department for replacement of a 2001 mower.
[This funds replacement of a 2001 Kubota mower used to mow all the fields and municipal building grounds. This is a front line piece of equipment used every day in the mowing season.]
G. Recreation Mower Replacement - $65,000 to be expended by the Highway Department for replacement of a 1997 wide area mower.
[This funds replacement of a 1997 Jacobsen wide area mower used to mow all the sports fields. This is a frontline piece of equipment used every day in the mowing season.]
A. Technology, Chromebook Replacements - $135,000 to be expended by the School Committee to replace miscellaneous technology equipment, computer laptops, and Chromebooks.
[This funds purchase and replacement of technology hardware, computers, Chromebooks, laptops, system network hardware, software, and other related technology equipment across the district.]
B. School Resource Materials - $100,000 to be expended by the School Committee for School resource materials, textbooks, and training.
[This funds purchase of curricular department materials across the district for elementary science materials, middle school and high school math program materials, professional development materials and training, online textbooks, license fees and other curriculum material needs.]
C. School Security System Improvements - $34,500 to be expended by the School Committee for school security system improvements, including radio signal booster devices.
[This funds $19,500 for radio improvements; $15,000 for Shaker Lane and Russell Street.]
D. High School Telephone System Replacement - $55,000 to be expended by the School Committee to replace the telephone system at Littleton High School.
[This replaces and upgrades the telephone system at Littleton High School.]
A. Cemetery Mower Replacement - $15,699 to be expended by the Cemetery Commission for the replacement of a 1995 mower.
[This funds replacement of a mower for the cemetery.]
VI. PARK & RECREATION
A. Recreation Major Equipment and Repairs - $50,000 to be expended by the Park and Recreation Commission for major equipment/facility repair and maintenance.
[This funds ongoing maintenance to parks and facilities on parks land. Also, as safety and AAB standards change and improve and the population of the town increases the needs and policy compliance of the Parks and the facilities in them will also grow. These funds would allow PRCE to be proactive in response to this growth.]
VII. FACILITIES AND INFRASTRUCTURE
A. Facility Capital Improvements Recommendations – $403,750 to be expended by the Permanent Municipal Building Committee to implement recommendations of the Facility Needs Assessment Study.
[A working group comprised of representatives of the Permanent Municipal Building Committee, Board of Selectmen, School Committee, and Finance Committee—brought forward recommended facility projects to address life safety, code compliance, building envelope, building systems, IT/security building infrastructure, interior finishes, and building site/grounds issues. Funding is included for these projects: $30,000 for LHS windows; $32,000, LHS doors; $73,000, Shaker Lane ADA lift replacement; $190,000 for Highway roof replacement; $40,000 for Houghton building; and $38,750, Police Station building.]
B. Town Building Space Needs - $85,000 to be expended by the Board of Selectmen to address Town building space needs.
[This continues the work of the Town Building & Space Needs Analysis Working Group comprised of two Selectmen, two citizens at-large, and one member of each of the Finance Committee, Permanent Municipal Building Committee, Council on Aging, Board of Library Trustees, Parks and Recreation Commission, and School Committee. The Working Group's charge is to work collaboratively to establish a plan to recommend a long term and short term plan to address the Town Office space needs.]
C. Stormwater MS4 Permit Needs - $100,000 to be expended by the Board of Selectmen to address compliance issues with new MS4 Stormwater Permit.
[This implements requirements of the Town’s MS4 (municipal stormwater) permit from U.S. EPA, which took effect July 1, 2019. Projects for FY 2020 include public education and outreach, outfall inventory and screening, drainage system mapping, catchment investigations, wet weather outfall monitoring, and employee training. Over the past three years, transfers totaling $300,000 were made from the Spectacle Pond Cell Tower Clean Lakes Fund established by May 8, 2000 Special Town Meeting Article 6 to help ensure that project costs were not borne by property taxes or new user fees.]
D. Mill Pond Dredging - $60,200 transferred from the Spectacle Pond Cell Tower Clean Lakes Fund established by Article 6 of the May 8, 2000 Special Town Meeting, to be expended by the Clean Lakes Committee as part of the Town’s share of the Federally funded project, including completion of the Army Corps of Engineers Mill Pond Feasibility Study and conduct of a Natural Resource Inventory of the potential dredge disposal site area in Mill Pond.
[This funds additional costs to complete the Town’s remaining financial obligation for feasibility study costs to dredge Mill Pond. The study is expected to be completed in the summer of 2019.]
E. Lake Matawanakee Improvements - $20,000 transferred from the Spectacle Pond Cell Tower Clean Lakes Fund established by Article 6 of the May 8, 2000 Special Town Meeting, to be expended by the Clean Lakes Committee for Lake Matawanakee improvements.
[This funds the removal of a sandbar at the Lake Matawanakee outlet, which has been negatively impacting efforts to control invasive species in the lake. Full project costs will be shared with the Town of Westford and/or Friends of Forge Pond.]
F. Age-Appropriate Housing Need Plan- $12,000 to be expended by the Planning Board to study age appropriate housing needs in Littleton.
[This funds a study to determine how many age-appropriate housing units are required in the next five to ten years to meet the current need in Littleton, as a first step in updating the 2015 Housing Production Plan.]
G. Master Plan Implementation Land Use Coordination - $12,000 to be expended by the Planning Board for Master Plan Implementation Land Use Coordination Plan.
[This funds the Planning Board’s efforts to work with other stakeholders on land use initiatives, to provide tools to preserve open space and foster resource-friendly residential development while preserving property owner rights and expanding housing choice.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate $971,031; transfer $80,200 from the funds named herein and $939,978 from the Undesignated Fund Balance; for a total of $1,991,209, for capital projects and purchases itemized and described in Article 8, as printed in the warrant.
Finance Committee, Board of Selectmen, and School Committee support Article 8.
Article 8 approved by unanimous vote.
ARTICLE 9 - Community Preservation Committee - FY 2020 Community Preservation Budget [2/3rds vote required]
To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the Fiscal Year 2020 Community Preservation Budget, to appropriate or reserve from FY 2020 Community Preservation Fund annual revenues and reserves the following amounts, as recommended by the Community Preservation Committee, with each item considered a separate appropriation:
1. Debt Service for Prior Issues – $88,988 from FY 2020 CPA Surcharge, of which $74,988 is for Open Space and $14,000 is for Historic Preservation;
2. Open Space Reserve - $47,012 to Open Space Reserve from FY 2020 CPA Surcharge;
3. Community Housing Reserve - $61,000 to Community Housing Reserve from FY 2020 CPA Surcharge;
4. Historic Preservation Reserve - $31,750 to Historic Preservation Reserve from FY 2020 CPA Surcharge;
5. Recreation Reserve - $61,000 to Recreation Reserve from FY 2020 CPA Surcharge;
6. Undesignated Reserve - $15,250 to Undesignated Reserve from FY 2020 CPA Surcharge;
[Article 9 contains the recommendations of the Community Preservation Committee to apportion Community Preservation Act funds for open space, historic preservation, and community housing, including debt service for previously approved projects.]
7. Affordable Housing Trust Fund - $525,545.80 from the CPA Community Housing Reserve to the Littleton Affordable Housing Trust Fund established in Town Code Chapter 8, Article VII;
[The Affordable Housing Trust Fund Board of Trustees established by Article 7 of the October 30, 2017 Special Town Meeting has requested that the CPA Community Housing Reserve balance of $525,545.80 be transferred to the Affordable Housing Trust Fund. Pursuant to Town Code Chapter 8, Article VII that fund is for the exclusive purpose of creating, preserving, or rehabilitating affordable housing units in the Town of Littleton.]
8. Long Lake Renovation Project - $120,000 from the CPA Recreation Reserve for Long Lake Renovation Project; and
[The Park & Recreation Commission has requested $120,000 for renovations at Long Lake, including updating the bathhouse with low flow toilets, outdoor showers and changing stalls; new picnic area created away from parking lot with outdoor cooking for more food offerings; ADA/AAB accessibility with seasonal walkways and availability of water wheelchairs; and reconfigured dock area for boating programs and public boaters, and creation of a dedicated fishing area.]
9. Parking for 300 King Street - $250,000 from the CPA Recreation Reserve for parking at 300 King Street;
[UPDATE: Park & Recreation Commission has withdrawn its request for $250,000 for parking for 300 King Street. This item will not be included in the motion under Article 9. The project was for a 9,000 square-foot extension to the area at the 300 King Street property, to add some 25-30 new parking spaces to this very popular facility (Castle in the Trees / basketball courts). This project also included installation of sensor operated pedestrian signs at the crosswalk.]
or to take any other action in relation thereto.
Motion: Moved and seconded by the Community Preservation Committee that the Town vote to approve the appropriations and reserves itemized and described in Article 9, Items 1 through 8, as printed in the warrant.
Community Preservation Committee, Finance Committee, and Board of Selectmen support Article 9.
Article 9 approved by unanimous vote.
ARTICLE 10 - Board of Selectmen/Personnel Board - Personnel By-law Amendments
To see if the Town will vote to amend the Personnel By-law and Classification and Compensation Plan, Chapter 33 of the Town Code, as recommended by the Personnel Board as follows:
1. By amending Schedule A Permanent Full and Part-time Employees and Schedules B, B-1, B-2, and D, effective July 1, 2019, by applying a 2 percent (2%) salary schedule adjustment so that said schedule reads as follows:
TOWN OF LITTLETON, MASSACHUSETTS
FY 2020 CLASSIFICATION & COMPENSATION PLAN
SCHEDULE A, Permanent Full and Part-time Employees
Salaries shown are hourly and annual based on 52.2 weeks / year.
No positions assigned
Library Processing Clerk
Building Maintenance Custodian
LCTV – Video Production Coordinator
Administrative Clerk – Tax Collector
Administrative Assistant – Building
Administrative Assistant – Conservation
Administrative Assistant – Elder & Human Services
Administrative Assistant – Human Resources
Administrative Assistant – Parks & Recreation
P/T Communications Officer
Senior Library Technician
Teen Program Leader
Assessing Clerk/Field Lister
Library Office Coordinator
Payroll and Finance Coordinator
Reserve Police Officer
Assistant Town Clerk
Business Administrator-Public Works
Executive Assistant of Public Safety – Fire
Executive Assistant of Public Safety – Police
Community Education and Teen Coordinator
Recreation and Sports Coordinator
Assistant Human resources Administrator
Assistant Town Accountant
Building Maintenance Supervisor
Children’s Services/Senior Librarian
Elder and Human Services Outreach Coordinator and Respite Care
Executive Assistant to the Town Administrator
Head of Circulation & Interlibrary Loan/Senior Librarian
Information Systems Support Technician
LCTV Production Supervisor
Technical Services/Senior Librarian
Young Adult Services/Reference Services/ Senior Librarian
Assistant Director of Elder and Human Services
Assistant Library Director
Assistant PRCE Director
Assistant Zoning Officer/Permit Coordinator/Business Administrator
Inspector of Wires
Plumbing & Gas Inspector
Assistant Treasurer and HR Administrator
Director of Elder and Human Services
Littleton Community Television Executive Director
Parks, Recreation & Community Education Director
Building Commissioner/Zoning Enforcement Officer
Information Systems Manager
Deputy Fire Chief*
Deputy Police Chief*
Assistant Town Administrator
Director of Finance and Budget / Town Accountant*
Director of Public Works
Chief of Police*
Management contract (*) and elected (**) positions not subject to this By-law.
On-Call Meeting Clerk, $12.86; Election Warden, $18.28
Schedule B-1, Other Employees
GRADE 1 GRADE 2
COA Dispatcher COA Van Driver
Schedule B-2, Temporary/Seasonal Employees
GRADE 1 GRADE 3
No positions assigned Engineering Technician
GRADE 2 GRADE 4
Seasonal Highway Laborer Seasonal Truck Driver/Laborer
Schedule D, Fire Department On-Call
On-Call Stipend $4.00/hour
On-Call/Per Diem Probationary Firefighter or EMT
No positions assigned
On-Call/Per Diem Firefighter
On-Call/Per Diem EMT
On-Call/Per Diem Firefighter/EMT
No positions assigned
No positions assigned
On-Call/Per Diem Firefighter/EMT (advanced EMT certification
On-Call/Per Diem Lieutenant
On-Call/Per Diem Captain
On-Call/Per Diem Deputy Chief
On-Call/Per Diem Firefighter/Paramedic
Step increases on Schedule D will be awarded on the basis of performance as determined by the Fire Chief
2. By amending Schedule C, as requested by the Park & Recreation Commission to read as follows effective May 1, 2019:
Schedule C, Park & Recreation Department
Seasonal/Temporary / Fee-based positions (hourly) – effective May 1, 2019
Program Aide I
Camp Junior Counselor
Program Aide II
Camp Senior Counselor
Snack Hut Manager
Camp Lead I
Camp Lead II
Camp Assistant Director
Seasonal Programs Instructor
Special Course Coordinator
3. By amending Schedule C-1, as requested by the Park & Recreation Commission to read as follows effective July 1, 2019:
Schedule C-1, Community Education
; or to take any other action in relation thereto.
[Article 10 amends the classification and compensation plans for non-union Town employees for FY 2020 by applying a two-percent adjustment to salary schedules.]
Motion: Moved and seconded by the Personnel Board that the Town vote to approve Article 10 as printed in the warrant.
Personnel Board, Board of Selectmen, and Finance Committee support Article 10.
[Call of the Articles] Article 10 approved by unanimous vote.
ARTICLE 11 - Board of Selectmen - Stabilization Fund
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the Stabilization Fund in accordance with the provisions of Chapter 40, Section 5B of the General Laws, or to take any other action in relation thereto.
[The Town’s adopted financial management policy requires that 5% of the operating budget be maintained in the Stabilization Fund. To meet that, $108,045 needs to be added this year. The resulting balance in this fund is estimated to be $2,495,512 as of 6/30/19. The Town’s AAA bond rating is based in part on maintaining a healthy balance in this and other reserve accounts, as well as for adhering to its financial policies.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from the Undesignated Fund Balance the sum of $108,045 for Article 11 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 11.
[Call of the Articles] Article 11 approved by unanimous vote.
ARTICLE 12 - Board of Selectmen - Capital Stabilization Fund
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be deposited in the Capital Stabilization Fund established by Article 6 of the May 6, 2013 Special Town Meeting for the purpose of funding any capital-related project, or pieces of capital equipment, or debt service payment related thereto; said fund as authorized by Chapter 40, Section 5B of the General Laws, or to take any other action in relation thereto.
[The Town’s adopted financial management policy requires that an amount equal to at least 1% of the total General Fund capital plan (this year, $19,912) be appropriated annually into the Capital Stabilization fund. This article adds $300,000 bringing the fund balance to $438,880, assuming the transfer of $3,000,000 from this fund to the Senior Center Stabilization Fund in the Special Town Meeting.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from the Undesignated Fund Balance the sum of $300,000 for Article 12 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 12.
[Call of the Articles] Article 12 approved by unanimous vote.
ARTICLE 13 - Board of Selectmen/ Trust Fund Commissioners - Trust Fund Grants
To see if the Town will vote to transfer $24,000 in Trust Funds for the following purposes and costs related thereto; or to take any other action in relation thereto.
(1) The Shared Studios: Portal to the World - $20,000 to the Littleton School Department to fund the Shared Studios: Portal to the World project to allow students and community members of Littleton to connect with people around the world through a network of global portals, from the following Trust Funds: M.H. Kimball Fund, $12,700; J. Goldsmith Fund, $400; $C. Hildreth Fund, $5,500; L. Johnson Fund, $700; and L.H. Zappy Fund, $700;
(2) DEHS Animal Assistance Care Program - $4,000 to the Elder and Human Services Department for the animal care assistance program from the Bradford Sampson Relief of Animals Fund.
[Article 13 funds an innovative center for the Schools from several trust funds, and an animal care assistance program for qualifying low income persons from a dedicated trust fund.]
Motion: Moved and seconded by the Trust Fund Commissioners that the Town vote to approve Article 13 as printed in the warrant.
Finance Committee, Trust Fund Commissioners, School Committee, and Board of Selectmen support Article 13.
[Call of the Articles] Article 13 approved by unanimous vote.
ARTICLE 14 - Board of Selectmen - Senior Citizens and Veterans Tax Work-off Abatement Programs
To see if the Town will vote to request the Board of Assessors to commit the following sums from the Overlay Account for Abatements to fund Property Tax Work-off Abatement Programs for Senior Citizens ($80,000) and Veterans ($7,000), or to take any other action in relation thereto.
[The Town has established programs under which local property owners over the age of 60, and qualifying veterans, provide services to the Town in exchange for a reduction on the amount paid on their property tax. This year, the senior citizens program has 130 participants; the veterans program, 11 participants.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 14 as printed in the warrant.
Finance Committee, Board of Selectmen, and Council on Aging support Article 14.
[Call of the Articles] Article 14 approved by unanimous vote.
ARTICLE 15 - 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.
[Article 15 is an annual appropriation of state funds to reimburse for qualifying Town road improvements, which Littleton uses to help pay for the ten-year roadway improvement program. For FY 2020, Littleton will receive $394,825 in Chapter 90 funds from a $200-million statewide bond issue.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate funds available in the amount of $394,825 for authorized road improvements and other projects provided for under Chapter 90 of the General Laws.
Finance Committee and Board of Selectmen support Article 15.
[Call of the Articles] Article 15 approved by unanimous vote.
[Articles Requiring Supermajority Vote]
ARTICLE 16 - Board of Selectmen - Nashoba Valley Technical High School Building Project – Borrowing [2/3rds vote required]
To see if the Town will vote to approve the Three Million, Seven Hundred Four Thousand, Six Hundred and Sixteen Dollars ($3,704,616) borrowing authorized by the Nashoba Valley Technical High School District for the purpose of paying costs of the Replacement of Roofs, Windows, and Doors at Nashoba Valley Technical High School, 100 Littleton Road, Westford, MA 01886, including the payment of all costs incidental or related thereto (the “Project”), 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, and for which the District may be eligible for a school construction grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended at the direction of the School Committee. The MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any Project costs the District incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the District and its member municipalities. Any grant that the District may receive from the MSBA for the Project shall not exceed the lesser of (1) fifty-five percent (55%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; or to take any other action in relation thereto.
[Article 16 authorizes borrowing for school building repairs to be undertaken by the Nashoba Valley Technical High School District, which qualify for grant funding from the Massachusetts School Building Authority. An authorizing vote is required from all 8 district member town meetings. The District’s first-year (FY 2021) debt service payment is estimated at between $161,000 and $263,000, which would be apportioned to each town based on enrollment. Currently, Littleton’s enrollment accounts for 4.5% of NVTHS’s total enrollment.]
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.
Article 16 declared passed by required vote.
ARTICLE 17 - Planning Board Zoning Amendment: Aquifer and Water Resource District [2/3rds vote required]
To see if the Town will vote to amend the Littleton Aquifer and Water Resource District Zoning Bylaw (Article XIV of the Littleton Zoning Bylaws) as follows, pursuant to requirements of the Massachusetts Department of Environmental Protection:
Amend §173-61 to reference a revised Aquifer and Water Resource District zoning map, entitled “Aquifer and Water Resource District, Town of Littleton” and dated March 2019, which is on file in the office of the Town Clerk; and
Make the following changes to the “Uses” table in §173-61:
Between “Sanitary landfill, junkyard, salvage yard” and “other solid waste disposal” add “wastewater residuals monofill, automobile graveyard,”; and
Delete “Underground storage of gasoline or chemicals” and add in its place “Storage of liquid hazardous materials (as defined in M.G.L. c. 21E) and/or liquid petroleum products, not stored in accordance with DEP 310 CMR 22.21(2)(b)(5)”; and
In §173-62.D(4), after “underground storage of toxic or hazardous materials” add “(to the extent that it may be permissible pursuant to §173-61)”;
or to take any other action in relation thereto.
[Article 17 amends the Aquifer and Water Resource District section of the Zoning Bylaw, as requested by the Board of Water Commissioners. It would further define allowed activities within the districts and update the extent of the Aquifer District (map) to include additional areas near Littleton Common. MassDEP recently granted the Littleton Water Department provisional approval to increase the pumping rate at the Beaver Brook Wells; however, that approval is contingent on Littleton approving a revised Aquifer and Water Resource District Map that includes the full extent of the new Aquifer District delineation. Article 17, including the new map, would do that and update the bylaw to meet current MassDEP standards. The Planning Board conducted its public hearing on this proposed zoning amendment on Thursday, April 4, 2019 and voted to recommend that Town Meeting approve this article.]
Motion: Moved and seconded by the Planning Board that the Town vote to approve Article 17 as printed in the warrant.
Planning Board, Board of Water Commissioners, and Master Plan Implementation Committee support Article 17.
Article 17 approved by unanimous vote.
ARTICLE 18 - Voter Petition - Conservation of Whitcomb Ave. Area Field and Groves [2/3rds vote required]
To see if the Town will vote to explicitly designate as conservation land under Massachusetts Constitution Article XCVII (Article 97) the following parcels: Lots U41-38-0 and U41-44-0, said lots being a portion of the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 19902, Page 089, being “taken for aquifer land acquisition and protection purposes” – Generally described as an open field; Lots U41-35-0 and U41-36-0, said lots being the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 18396, Page 491, being acquired for “the preservation and protection of its watershed resources” – Generally described as a wooded lot and posted as “Jim Hill Grove”; And the portion of lot U40-14-0 (no deed reference on tax card) that comprises a wooded lot posted as “Bud Sawyer Grove” at the south west side of the lot. The deeding of which shall be updated either directly and/or with a referenced order of conditions that affirms the long-standing undeveloped use of, protects the existing natural state of, and prohibits the future development of said parcels or portions of parcels. Additionally, a future Conservation Restriction held by a non-fee entity that further supports/complements the deeded restrictions/order of conditions may also be placed on this land at a later date.
[Article 18 is a petitioned article submitted by over 10 registered voters.]
Motion: Moved and seconded by the petitioner that the Town vote to approve Article 18 as printed in the Town Meeting Report.
Board of Water Commissioners, Board of Selectmen, Conservation Commission, and Finance Committee do not support Article 18.
Article 18 postponed indefinitely.
ARTICLE 19 - Board of Selectmen - Rescind Unused Borrowing Authorizations [2/3rds vote required]
To see if the Town will vote to rescind the borrowing authorized for the following articles and following un-issued amounts, or to take any other action in relation thereto:
Town Meeting Vote
Total to be Rescinded
11/16/16 STM Art. 7
11/16/16 STM Art. 6
Fire Station construction
5/5/14 STM Art. 4
Rt. 119 Water Betterment
[Article 19 rescinds the unused portion of borrowings previously authorized by town meeting for projects which have since been completed. The unused portion is a result of the use of appropriated cash towards the projects as well as the premium generated from the sale of the bonds, which is used to reduce the overall principal amount. Article 18 reduces the Town’s total authorized and unissued debt on the books to $3.0 million. As of June 30, 2018, the Town had a total of $29.2-million in outstanding debt.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 19 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 19.
[Call of the Articles] Article 19 approved by unanimous vote.
[Other Articles, including routine authorizations & reauthorizations]
ARTICLE 20 - Voter Petition - Keep Sewer / CWERC From Being Placed at Highway / LELWD Location
To see if the Town will vote to keep the Sewer from being placed at the Highway / LELWD Location and to consider other locations that are more conducive to the project, or to take any other action in relation thereto.
[Article 20 is a petitioned article requested by more than 10 registered voters.]
Motion: Moved and seconded by the petitioner that the Town vote to approve Article 20 as printed in the warrant.
Article 20 declared passed by majority vote.
ARTICLE 21 - Board of Selectmen - Home Rule Petition for Special State Legislation to Authorize Littleton Common Smart Sewer
To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for a special act authorizing establishment of the Littleton Common Smart Sewer District in the Town of Littleton; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court; and, provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action in relation thereto.
[Article 21 would authorize the Board of Selectmen to petition the State Legislature to establish the Littleton Common Smart Sewer District. Upon legislative approval, the petition would be a Session Law approved as a Special Act. Session Acts typically include matters affecting a particular town, in this case forming the Littleton Common Smart Sewer District. The District includes a specific area of the town close to the Town Common that is proposed to be served by a limited municipal sewer collection system, with treatment at a new Community Water and Energy Resource Center (CWERC). The legislation would:
• establish the sewer district boundaries, but with a provision for future changes to the District with Board of Selectmen and Town Meeting approval.
• formalize the authority and powers of the Board of Selectmen, acting as a Sewer Commission, in accordance with MA General Laws.
• provide details on properties required to connect to the sewer system, as well as establishing requirements that residential property owners need to meet if they prefer to opt out of the District.
• set requirements for delaying the time for a property to connect to the available public sewer.
• provide for deferring of the sewer betterment payment for properties meeting specific criteria.
• accept by the Town specific sections of the MA General Laws, i.e., Chapter 80 (Betterments) and Chapter 83 (Sewers Drains and Sidewalks), that would otherwise require separate Town Meeting approvals.
This article does not authorize any funding for the project by the Town, but does clarify specific requirements relative to sewer assessments, and how those costs are to be paid, the means to allow eligible residential properties to opt out of the District completely, and to allow deferred betterment assessment payments and delayed connections to the sewer system for properties meeting set criteria.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to authorize the Board of Selectmen to petition the General Court for a special act authorizing the establishment of the Littleton common smart sewer district in the Town of Littleton; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court; and provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the general public objectives of this petition, said petition reads as follows:
AN ACT ESTABLISHING THE LITTLETON COMMON SMART SEWER DISTRICT IN THE TOWN OF LITTLETON
SECTION 1. Notwithstanding any general or special law to the contrary, the town of Littleton is hereby authorized to lay out, construct, maintain and operate a system or systems of common sewers and drains in public or private ways for that part of its territory as it adjudges necessary for the public convenience or the public health with such connections and other works as may be required for a system or systems of sewerage and drainage, and sewage treatment and disposal. The resulting sewer district shall be called the Littleton common smart sewer district. The district shall be under the supervision and control of the board of selectmen, who shall act as sewer commissioners of the town of Littleton. The sewer system shall initially be laid out as depicted in the attached plan of the Littleton common smart sewer district and the properties that may be initially included within the district are described in the attached list which includes the assessor’s map and lot number, street address, owner of record as of February 28, 2019 and approximate acreage of same. The sewer system and district may be expanded in the future by a vote of the board of selectmen and approval by town meeting; provided, however, that the process for including or excluding properties in the district shall conform to Sections 3 and 4, below. The district shall be organized, governed, and modified as set forth in this Act. All land and buildings on the properties included in the district shall be served by the town’s Community Water and Energy Resource Center, as well as all sewer pipelines, pump stations and treatment and disposal facilities included in the Littleton common smart sewer project. Project phasing will limit the timing of sewer service to a subset of the properties included in the district, to be determined by the town of Littleton based, in part, on the relative need for sewer service and elective residential and tax-exempt property owner decisions to opt in or out of the district.
SECTION 2. The board of selectmen, in their capacity as sewer commissioners, shall have all the powers and perform the duties of sewer commissioners as set forth in section 4 of chapter 40N of the general laws. The board of selectmen shall have the authority to adopt rules and regulations for access to and use of the wastewater system, as well as for the establishment of sewer betterment assessments, sewer connection fees, and user fees and other charges which shall be paid by every person who may in the future be served by, or connects to the sewer system, as appropriate. Said fees shall be reasonably related to the capital and operational costs of the sewer system. Supervision of the operation of the Littleton common smart sewer district shall be the responsibility of the director of the town of Littleton department of public works, pursuant to section 69 of chapter 41 of the general laws.
SECTION 3. Properties that are abutting a private or public way in which a common sewer will be laid may have the opportunity to connect to the sewer system and become part of the Littleton common smart sewer district, as determined by the board of selectmen in accordance with Section 5, below. All commercial and industrial properties that are given access to the sewer system shall be required to connect and become part of the district. Single and two-family residential properties and properties owned by a tax-exempt organization that are given access to the sewer system shall have the opportunity to permanently opt out of connecting to, or making use of, the sewer system. However, if a property owner opts out of the Littleton common smart sewer district, that property shall not be permitted to rejoin the district in the future without approval of the board of selectmen and town meeting. Sufficient time will be allowed for the owners of improved eligible properties to determine whether to opt out of the connection to, or use of, the Littleton common smart sewer district. The town of Littleton shall develop, adopt, and enforce policies and procedures to provide the option to opt out of the Littleton common smart sewer district. Such policies and procedures shall include, at a minimum, the following requirements that must be met before a property can opt out of the Littleton common smart sewer district:
(1) The property owner must demonstrate that the subject property is eligible to opt-out for one of the following reasons:
(a) The property has a functioning onsite wastewater treatment and disposal system as evidenced by a Title 5 Inspection Report that demonstrates (i) that the existing onsite wastewater treatment and disposal system is fully compliant with current Title 5 (310 CMR 15.00) requirements except for lot line setback requirements for septic tank and/or leaching systems; and (ii) that the existing onsite wastewater treatment and disposal system is operating and in acceptable condition; or
(b) The property has a functioning onsite wastewater treatment and disposal system as evidenced by (i) documentation that demonstrates that the existing on-site wastewater treatment and disposal system or repair of same was installed after December 31, 2017 and (ii) that the existing onsite wastewater treatment and disposal system is operating and in acceptable condition; or
(c) The property is devoid of structures, has no on-site wastewater treatment and disposal system and is prevented from future development through a legally enforceable deed restriction on any such future development in perpetuity or has been previously deemed unbuildable by the Littleton building inspector, with or without access or connection to the sewer system, as demonstrated by documentation establishing these facts.
(2) A property owner's decision to opt out must be in writing and must acknowledge that the property owner understands that by opting out of the Littleton common smart sewer district, the property will not ever connect to, or make use of, the sewer system.
SECTION 4. Notwithstanding the provision of sections 1, 14, 15 of chapter 83 of the general laws to the contrary, the board of selectmen may establish policies and procedures addressing the assessment of sewer betterments to all properties that are located within the Littleton common smart sewer district.
SECTION 5. The board of selectmen shall have the sole discretion to determine which property owners shall be added to the Littleton common smart sewer district, subject to the approval of the Littleton town meeting. The board of selectmen shall also have the sole discretion to determine the amount of wastewater treatment system capacity allocated to each user of the system. Applications for connection shall be reviewed by a representative of the board of health, a representative of the planning board, and the director of the department of public works, or their designees, who shall present a recommendation to the board of selectmen regarding said application. In making said recommendation, the representatives and director, or designees, shall consider the overall existing use of the property as represented in the application, and, but for a change in use of the property, the economic benefit afforded by approval of the application, the amount of available wastewater treatment capacity, and such other factors as the representatives and director, or designees, shall deem appropriate, or as may be directed by the board of selectmen.
SECTION 6. Prior to or upon the start of construction of the sewer system, properties that have been given access to the sewer system and have not officially opted out of the Littleton common smart sewer district, shall be required by the board of selectmen, or other duly authorized officer having charge of the maintenance and repair of the sewer system, to connect such land to the sewer system within two years of the date that the sewer is “approved for use” and a “notice of sewer availability” has been issued by the board of selectmen or other duly authorized officer and received by the property owner. No property owner may postpone their connection to the sewer system later than this date unless an application to postpone such a connection has been approved by the board of selectmen in accordance with section 7, below.
Such approved postponements shall delay connection to the public sewer but shall not entitle the property owner to defer any sewer betterment payment that is approved by the Town.
SECTION 7. Postponements for connection to the sewer system may be allowed in limited circumstances where all of the following have been satisfied: (a) the property is part of the Littleton common smart sewer district; (b) the property owner has submitted to the board of selectmen a signed and notarized application for a sewer connection postponement citing one or more of the following reasons: (i) the property owner has an existing on-site sewage treatment and disposal system operating and in acceptable condition, as demonstrated in a recent (within the previous 60 days) Title 5 Inspection Report, which shall be submitted with the application for sewer connection postponement; or (ii) the property has an existing on-site sewage treatment and disposal system that was installed after December 31, 2017 in compliance with all Title 5 requirements and required no variances, except for septic tanks and/or leaching facilities Lot line setback requirements, as demonstrated by documentation from the Littleton board of health or the Nashoba Associated Board of Health, that demonstrates that the date of installation and certification of the system or system repair meets the requirements set forth above, and states further that the system meets all such requirements. The board of selectmen shall develop policies and procedures within 180 days of approval of this Act, including procedures to apply for an application for sewer connection postponement and all additional requirements to permit such applications.
SECTION 8. The board of selectmen may enter into a payment deferral and recovery agreement on behalf of the town of Littleton with the owner of a property that meets the qualifications described herein and has been assessed a sewer betterment. In order to qualify for the deferral and recovery agreement, the property shall have an existing onsite sewage treatment system that is fully compliant with state regulations and meets the requirements established for deferrals enumerated in Section 3 of this petition related to the onsite sewage treatment system.
The deferral and recovery agreement shall:
(1) provide the deferral period, which shall last no longer than ten years;
(2) provide that the agreement shall terminate and the assessment shall be due before the agreed term if title to the property is conveyed, the Title 5 system is determined by the Littleton board of health to be a failed system, or the property is connected to the sewer system;
(3) provide that the property owner shall pay interest annually upon the assessment from the time it was made; and
(4) include the written approval of any joint owner or mortgagee on the property.
The deferral and recovery agreement shall be recorded in the registry of deeds and shall constitute a lien upon the property.
SECTION 9. Every decision by the board of selectmen, or duly authorized officer having charge of the sewer system, permitting or denying a connection to the sewer system, shall be made in writing. Any person aggrieved by such a decision may appeal said decision within 30 days of issuance pursuant to the provisions of Section 14 of chapter 30A of the General Laws.
SECTION 10. The board of selectmen may take by eminent domain pursuant to chapter 79 or chapter 80A of the general laws, or acquire by lease, purchase or otherwise, any lands, sewer rights, and public or private rights of way or easements, located within the district and necessary for accomplishing any purpose mentioned in this Act, and may construct such main drains and sewers under or over any bridge, railroad, railway, boulevard or other public or private way, or within the location of any railroad, and may enter upon and dig up any private land, public or private way, or railroad location for the purpose of laying such drains and sewers and of maintaining and repairing the same, and may do any other thing proper or necessary for the purposes of this Act; provided however, that they shall not enter upon or construct any drain or sewer within the location of any railroad corporation except at such time and in such manner as they may agree upon with such corporation, or, in the case of failure to agree, as may be approved by the department of public utilities, and that the manner in which all things done upon any way shall be subject to the applicable bylaws and regulations of the town of Littleton. Further, the board of selectmen or its employees or agents acting on behalf of the town of Littleton may enter upon any land for the purpose of making surveys, test wells or test pits and borings and may take or otherwise acquire the right to occupy temporarily any lands necessary for the construction of any work or for any other purpose authorized by this Act, provided notice is given and property is restored.
SECTION 11. All land taken or acquired under this act shall be managed, improved and controlled by the board of selectmen in a manner as they shall consider as in the best interest of Town in the operation of the sewer system.
SECTION 12. The board of selectmen shall have the benefit, without further acceptance by Littleton town meeting, of the provisions of section 13B of chapter 80 of the general laws and sections 16A to 16E, inclusive, and section 16G of chapter 83 of the general laws. Applications for abatements in accordance with said section 16E of chapter 83 shall be made to the board of selectmen within 30 days after the date of the demand.
SECTION 13. In carrying out the provisions of this Act, the town of Littleton shall not discriminate against any person on the grounds of race, color, marital status, physical disability, age, sex, sexual orientation, religion, ancestry or nation origin in any manner prohibited by the laws of the United States, the commonwealth or the town of Littleton.
SECTION 14. Insofar as the provisions of this act are inconsistent with the provisions of any general or special law, administrative order, or regulation, or any by-law, rule, regulation or code of the town, other than rules and regulations or orders of the board of health or by-laws of the town which require homes or facilities to be connected to the Littleton common smart sewer district sewer system involuntarily, the provisions of this act shall be controlling.
SECTION 15. This act shall take effect upon its passage.
Board of Selectmen, Board of Water Commissioners, and Master Plan Implementation Committee support Article 21.
Article 21 declared passed [as amended] by majority vote.
ARTICLE 22 - Board of Selectmen - Establish Littleton Common Smart Sewer Enterprise Fund
To see if the Town will vote to accept the provisions of Chapter 44, § 53F½ of the Massachusetts General Laws establishing the Littleton Common Smart Sewer as an enterprise fund effective fiscal year 2021; or take any other action in relation thereto.
[Article 22 adopt a local option state statute and establish a separate enterprise fund for the Littleton Common Smart Sewer, effective with the fiscal year beginning July 1, 2020.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 22 as printed in the warrant.
Board of Selectmen, Board of Water Commissioners, and Master Plan Implementation Committee support Article 22.
Article 23 declared passed by majority vote.
ARTICLE 23 - Board of Selectmen - Increase Town Moderator Term from One to Three Years
To see if the Town will vote to increase the term of the Town Moderator from one year to three years, provided that if this article is approved, the office of Moderator shall appear on the ballot the 2020 Annual Town Election for a term of three years, or take any other action in relation thereto.
[Article 23 would increase the term of the elected Town Moderator from one year, as is the current practice, to the statutory maximum of three years, beginning with the results of the May 2020 Annual Town Election.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 23 as printed in the warrant.
Board of Selectmen support Article 23.
Article 23 declared passed by majority vote.
ARTICLE 24 - 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, 2019, 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.
[Article 24 allows the Town to borrow in anticipation of revenues and/or to issue short-term notes to meet its cash flow needs.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 24 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 24.
[Call of the Articles] Article 24 approved by unanimous vote.
ARTICLE 25 - 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 2020, pursuant to Chapter 44, Section 53F of the General Laws, or to take any other action in relation thereto.
[This article authorizes the Treasurer to enter into agreements between the depositor (Town) and a bank in which the depositor agrees to maintain a specified level of non-interest bearing deposits in return for which the bank agrees to perform certain services for the depositor.]
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 25 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 25.
[Call of the Articles] Article 25 approved by unanimous vote.