October 28, 2019 STM

FY 2020 Special Town Meeting

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Read the result of the Monday, October 28, 2019 Special Town Meeting. 

FY 2020 - Special Town Meeting                                                                                                                                               

Date/Time:Monday October 28, 2019 at 7:00 pm
Location:Charles Forbes Kaye Gymnasium, Littleton Middle School, 55 Russell Street, Littleton, MA 01460
Reports:

Town Meeting Warrant

Town Meeting Report - Articles, Motions, Recommendations

Town Meeting Report Update - updated motions and recommendations

Town Meeting Articles / Motions / Recommendations

  1.    Bills of Prior Years
  2.    FY2020 Budget Amendments
  3.    Supplemental FY2020 Capital Item
  4.    FY2020 Revolving Fund Amendments
  5.    Amend FY2020 Park, Recreation & Community Edu. Enterprise Fund Oper. Budget
  6.    Receipts Reserved for Appropriation from the PEG Access Fund
  7.    FY2020 Conservation Commission Open Space Budget
  8.    Amend FY 2020 Community Preservation Budget
  9.    Amendment to Home Rule Petition Authorized by May 6, 2019 ATM
  10.    Amendment to Appropriation and Borrowing Authorization for Littleton Common Smart Sewer Approved by October 29, 2018 Special Town Meeting
  11.    Property Acquisition for the Smart Sewer Project
  12.    Appropriation, Borrowing, and Home Rule Petition for Water Treatment Facility
  13.    Library Building Project Construction – Borrowing
  14.    Classification & Compensation Study
  15.    Personnel By-law Amendments
  16.    Town By-law Amendment: Firearms Dealer Licensing
  17.    Zoning Amendment: Marijuana Retail

ARTICLE 1 - Board of Selectmen - Bills of Prior Years [9/10ths vote required]
To see if the Town will vote to raise and appropriate a sum or sums of money to pay unpaid bills from prior fiscal years, or to take any other action in relation thereto. 
Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate $10,825 to pay the Commonwealth of Massachusetts Division of Professional Licensure for elevator costs at Shattuck Street, the High School and the Russell Street School relating to Fiscal Years 2015 and 2016.

ARTICLE 2 - Board of Selectmen - FY 2020 Budget Amendments 
To see if the Town will vote to amend the FY2020 Operating Budget, as adopted pursuant to Article 4 of the May 6, 2019 Annual Town Meeting, by adjusting budget line items (detail below), and to raise and appropriate the additional $15,689 needed to make the adjustments; or to take any other action in relation thereto.

Budget

Line Item

FY2020 Budget

Adjustment

FY2020 Budget Adjusted

122

Selectmen Expenses

$13,870

$10,000

$23,870

135

Finance & Budget Expenses

$52,970

$75,666

$128,636

161

Town Clerk Expenses

$1,500

$2,300

$3,800

162

Elections & Registrations Expenses

$12,200

($3,000)

$9,200

162

Elections & Registrations Salaries

$0

$3,000

$3,000

194

Total Employee/Retiree Benefits

$9,810,119

($57,697)

$9,752,422

193

Property & Liability Insurance

$400,000

($24,000)

$376,000

210

Police/Dispatch Expenses

$154,821

$10,000

$164,821

300

School Department (Chapter 70)

$21,102,192

$15,689

$21,117,881

301

Technical School Expense

$486,821

$15,259

$502,080

 

Total Appropriated Budgets

$32,034,493

$47,217

$32,081,710

 

Transfer in-PRCE Enterprise Field fees

($24,000)

$24,000

$0

 

Transfer in to 194 from Recreation Enterprise

 $0

($55,528)

($55,528)

 

Transfer in from Ambulance Receipts

($650,000)

$0

($650,000)

 

Total Transfers In

($674,000)

($31,528)

($705,528)

Total FY20 Net Appropriated Budget Adjustments

$31,360,493

$15,689

$31,376,182

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend the FY2020 Operating Budget, as adopted pursuant to Article 4 of the May 6, 2019 Annual Town Meeting as printed in Article 2 of the warrant.

ARTICLE 3 - Board of Selectmen -Supplemental FY2020 Capital Item 
To see if the Town will vote to raise and appropriate $85,000, to be expended by the Permanent Municipal Building Committee for design relative to repairs to the Police Station building’s exterior and interior, and any temporary construction work associated with preventing further damage over the winter, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen to approve Article 3 as printed in the warrant.

ARTICLE 4 - Board of Selectmen - FY2020 Revolving Fund Amendments
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 amend the following annual expenditure limitations, voted on May 6, 2019 Article #3 Annual Town Meeting for the fiscal year beginning July 1, 2019 and ending June 30, 2020 (detail below), or to take any other action in relation thereto.

Revolving Fund

Authorized
Department

Monies Received

Expenses for which funds may be used

Original Expenditure
limit FY 2020

Revised Expenditure
limit FY 2020

Inspectional Services

Building Inspector

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

$130,000

$135,000

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

$8,000

$14,000

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

$50,000

$60,000

Cemetery Revolving

Cemetery Commission

a portion of receipts received from sales of lots

Expenses related to the maintenance of lots

$20,000

$35,000

Permitting Software

Board of Selectmen

a portion of receipts received from land use
permit fees

expenses associated with maintenance fees of permitting software

$20,000

$26,000

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

$65,000

$90,000

Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 4 as printed in the warrant.

ARTICLE 5 - Park and Recreation Commission -Amend FY2020 Park, Recreation & Community Education Enterprise Fund Oper. Budget
To see if the Town will vote to amend the FY2020 Park, Recreation & Community Education Enterprise Budget, as adopted pursuant to Article 7 of the May 6, 2019 Annual Town Meeting, by adjusting budget line items (detail below), or to take any other action in relation thereto.

I.  PRCE Enterprise Revenues

FY2020 Budget

Adjustment

FY2020 Budget Adjusted

    User Charges

$760,206

$78,090

$838,296

    Transfer In from Recreation Fund

0

0

0

    Transfer In from General Fund

230,000

0

230,000

    Enterprise Available Funds

75,000

-14,518

60,482

    Investment Income

500

0

500

Total Revenues

$1,065,706

$63,572 

$1,129,278

II. Costs Appropriated for the Enterprise Fund

 

 

0

    Salaries and Wages

$476,860

$146,302

$623,162

    Expenses

514,846

              (64,258)

450,588

    Transfer to General Fund – Field Maintenance

24,000

              (24,000)

0

    Capital Outlay – Equipment

0

                      -  

0

    Capital Outlay – Improvements

0

                      -  

0

    Reserve Fund

50,000

              (50,000)

0

    Debt Principal and Interest

0

                      -  

0

    Transfer to General Fund  

0

               55,528

55,528

    Budgeted Surplus

0

                      -  

0

Total Costs Appropriated for Enterprise Fund

$1,065,706

$63,572 

$1,129,278

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

 

 

 

    Indirect Costs

$0

                      -  

$0

    Benefits

0

                      -  

0

    Pension Costs

0

                      -  

0

Total Costs Appropriated for the General Fund.

$0

$0 

$0

Total Costs

$1,065,706

 $63,572

$1,129,278

Motion: Moved and seconded by the Park & Recreation Commission that the Town vote to approve Article 5 as printed in this warrant.

ARTICLE 6 - Littleton Community Television Advisory Committee - Receipts Reserved for Appropriation from the Public, Education and Government Access Fund
To see if the Town will vote to:
(1) appropriate $306,343 from the Receipts Reserved for Appropriation from the Public, Education and Government (PEG) Access and Cable Related Fund (as established under M.G.L. c.44 §53F¾ by vote of the November 2, 2015 Special Town Meeting, and which has a current balance of approximately $536,986) for the operation of the Littleton Community Television cable television studio, as follows: $183,135 for salaries, $60,488 for employee/retirement benefits, $34,720 for expenses and $28,000 for capital projects; and
(2) rescind the cable studio appropriation and transfers as voted under Article 4 (budget line item 197) of the May 6, 2019 Annual Town Meeting; and
(3) credit all future revenue received in conjunction with the LCTV Inter-Municipal Agreement with the Town of Boxborough to the PEG Access fund as established under M.G.L. c.44, §53F ¾, or to take any other action in relation thereto.
Motion: Moved and seconded by the Littleton Community Television Advisory Committee that the Town vote to approve Article 6 as printed in the warrant.

ARTICLE 7 - Conservation Commission - FY2020 Conservation Commission Open Space Budget

To see if the Town will vote to expend from the Oak Hill Cell Tower Fund (which fund is intended for use by the Conservation Commission for conservation lands purposes, pursuant to votes of the May 5, 1997 Annual Town Meeting, the September 28, 1998 Special Town Meeting, the May 6, 2002 Special Town Meeting, and the November 14, 2012 Special Town Meeting) the amount of $18,500, or any other sum, to be used for projects under the direction and charge of the Conservation Commission or to take any other action in relation thereto.
 
Revised motion:“Moved and seconded by the Conservation Commission that the Town vote to expend from the Oak Hill Cell Tower Fund (which fund is intended for use by the Conservation Commission for conservation lands purposes, pursuant to votes of the May 5, 1997 Annual Town Meeting, the September 28, 1998 Special Town Meeting, the May 6, 2002 Special Town Meeting, and the November 14, 2012 Special Town Meeting) the amount of $18,500 to be used for projects under the direction and charge of the Conservation Commission or to take any other action in relation thereto.”
 

ARTICLE 8 - Community Preservation Committee - Amend FY 2020 Community Preservation Budget

To see if the Town will vote to hear and act on the amended report of the Community Preservation Committee on the FY2020 Community Preservation Budget, to appropriate or reserve from FY2020 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. Old Burying Ground Cemetery Preservation, Third Phase – $9,900 from the CPA Historic Preservation Reserve; and 
2. 12 Robinson Road Roof Replacement – $60,000 from the CPA Historic Preservation Reserve;or to take any other action in relation thereto.
Motion: Moved and seconded by the Community Preservation Committee that the Town vote to approve Article 8 as printed in the warrant.

ARTICLE 9 - Board of Selectmen - Amendment to Home Rule Petition Authorized by May 6, 2019 Annual Town Meeting
To see if the Town will vote to amend the vote under Article 21 of the May 6, 2019 Annual Town Meeting authorizing the Board of Selectmen to petition the General Court for a special act authorizing establishment of the Littleton Common Smart Sewer District, by substituting a revised version of the petition assigning supervision and control of the sewer district to the Board of Water Commissioners; 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.

Revised Motion: Moved and seconded by the Board of Selectmen that the Town amend the vote under Article 21 of the May 6, 2019 Annual Town Meeting authorizing the Board of Selectmen to petition the General Court for a special act authorizing establishment of the Littleton Common Smart Sewer District, by substituting a revised version of the petition assigning supervision and control of the sewer district to the Board of Water Commissioners; 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; said revised 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 water commissioners, who shall act as sewer commissioners of the town of Littleton and shall henceforth be titled the “board of commissioners.” 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 commissioners 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 Smart Sewer System, as well as all sewer pipelines, pump stations and treatment and disposal facilities included in the Littleton common smart sewer project. The treatment and disposal facilities and associated infrastructure may be located either inside or outside of the district.  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 commissioners, in their capacity as sewer commissioners, shall have all the powers and perform the duties of sewer commissioners as set forth in chapter 83 of the general laws, subject to the modifications stated herein. The board of commissioners 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 General Manager of the Littleton Water Department.

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 commissioners 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 commissioners 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, except by permission of the board of commissioners and town meeting.

SECTION 4. Notwithstanding the provision of sections 1, 14, 15 of chapter 83 of the general laws to the contrary, the board of commissioners 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 commissioners shall have the sole discretion to determine which property owners shall be added to the Littleton common smart sewer district. The board of commissioners 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 General Manager of the Littleton Water Department, or their designees, who shall present a recommendation to the board of commissioners 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 commissioners.

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 commissioners, 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 commissioners 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 commissioners 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 commissioners 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 commissioners 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 commissioners 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 commissioners, 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 commissioners 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 or outside of 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 commissioners 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 commissioners 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 commissioners 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 commissioners 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.

ARTICLE 10 - Board of Selectmen - Amendment to Appropriation and Borrowing Authorization for Littleton Common Smart Sewer Approved by October 29, 2018 Special Town Meeting [2/3rds vote required]
To see if the Town will vote to amend the vote under Article 10 of the October 29, 2018 Special Town Meeting regarding appropriation and borrowing for the Littleton Common Smart Sewer Design as follows: (1) by increasing the sum appropriated and authorized for borrowing; (2) by including costs of construction as eligible costs (in addition to design and engineering); and (3) by providing that the board authorized to determine and assess betterments shall be either the Board of Selectmen or other board designated by the anticipated special act authorizing establishment of the Littleton Common Smart Sewer District; or to take any other action in relation thereto.
Motion: Selectmen will make no motion under Article 10

ARTICLE 11 - Board of Selectmen - Property Acquisition for the Smart Sewer Project  [2/3rds vote required]
To see if the Town will vote (i) to authorize the Board of Selectmen to acquire by purchase, gift, or eminent domain, for the purpose of constructing a Smart Sewer, the fee interest in a parcel or parcels of land within the Town of Littleton, on such terms and conditions as the Selectmen may determine; (ii) to authorize the Board of Selectmen to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Littleton to effect said purchase, gift or taking; and (iii) to appropriate a sum of money to pay costs of acquisition of the property, and to determine whether this amount shall be raised by taxation, transfer from available funds, borrowing or otherwise; or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town authorizes the Board of Selectmen to select, pursuant to Massachusetts procurement laws and in consultation with the Board of Water Commissioners, a parcel or parcels of land within the Town of Littleton for the purpose of constructing a treatment and disposal facility (and associated infrastructure) for the Littleton Common Smart Sewer Project, and to purchase the fee interest in such parcel or parcels, on such terms and conditions as the Selectmen may determine, with the total purchase price not to exceed $1,600,000; and that the Town authorizes the Board of Selectmen to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Littleton to effect said purchase; and that the Town appropriates the sum of $1,650,000 to pay the costs of this purchase, including the payment of all costs incidental and related thereto; and that, to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. c. 44, §7(1), or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor.  Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

ARTICLE 12 - Board of Selectmen/Board of Water Commissioners - Appropriation, Borrowing, and Home Rule Petition for Water Treatment Facility [2/3rds vote required] 
To see if the Town will vote:

(1) To appropriate approximately $6,000,000 (with the final number to be presented by the Board of Water Commissioners at Town Meeting) to pay costs of installing water department facilities and infrastructure to reduce concentrations of per- and poly-fluoroalkyl substances (PFAS) at any location deemed by the Board of Water Commissioners to be in the best interests of the Town of Littleton and for the study, analysis, and design of a permanent water treatment facility capable of lowering iron, manganese, PFAS, and/or any other regulated substance below their respective Massachusetts drinking water standards; to determine whether this amount shall be transferred from available funds, borrowed or otherwise provided; to designate parcels U41-38-0 and U41-44-0, or any other land under the control of the Board of Water Commissioners or in the town right of way,  as land required for the construction of said water treatment facilities and infrastructure, 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, or to take any other action in relation thereto; and

(2) To authorize the Board of Selectmen to petition the General Court, on behalf of the Town, for passage of a special law to allow the town to designate the parcels of land located off Whitcomb Avenue and shown as Assessor’s Map U41, Parcels 38-0 and 44-0 as water department land to be used for the construction of a water treatment facility, 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, and to remove any Article 97 designation from the lots, if such designation exists, and to place Article 97 protections on parcels shown as Assessor’s U-40-15-0 and U-41-35-0 (to remain in the custody of the Board of Water Commissioners for water supply protection purposes) or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Water Commissioners:

(1) That the Town appropriates $6,000,000 to pay costs of installing water department facilities and infrastructure to reduce concentrations of per- and poly-fluoroalkyl substances (PFAS) at any location deemed by the Board of Water Commissioners to be in the best interests of the Town of Littleton and for the study, analysis, and design of a permanent water treatment facility capable of lowering iron, manganese, PFAS, and/or any other regulated substance below their respective Massachusetts drinking water standards, including the payment of all costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. c. 44, §7(1) and (7) or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor, and that in accordance with M.G.L. c. 44, §20, the premium received by the Town upon the sale of any bonds or notes authorized by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to pay project costs and the amount authorized to be borrowed pursuant to this vote shall be reduced by the amount of any such premium so applied; and that the parcel of land located off Whitcomb Avenue and shown as Assessor’s Map U41, Parcel 38-0, said lot being a portion of the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 19902, Page 089, is designated as land required for the construction of said water treatment facilities and infrastructure; and

(2) That the Board of Selectmen is authorized to petition the General Court, on behalf of the Town, for passage of a special law to allow the Town to designate the parcel of land located on Whitcomb Avenue and shown as Assessor’s Map U41, Parcel 38-0, as water department land to be used for the construction of a water treatment facility, said lot being a portion of the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 19902, Page 089, and to remove any Article 97 designation from the lot, if such designation exists, and to place Article 97 protections on the parcel known as 74 Whitcomb Avenue and shown as Assessor’s Map U40, Parcel 15-0 (to remain in the custody of the Board of Water Commissioners for water supply protection purposes); 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 authorizing the town of Littleton to use certain land for construction of a water treatment facility without Article 97 restrictions on such use.

SECTION 1.  Notwithstanding any general or special law to the contrary, the Town of Littleton Board of Water Commissioners is hereby authorized to use a parcel of land shown on the Littleton Assessors’ Map as parcel U41-38-0, comprising approximately 2.5 acres and being a portion of the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 19902, Page 89, for the construction of a water treatment facility and associated infrastructure, without any restrictions imposed on such use by Article 97 of the Amendments to the Massachusetts Constitution, in exchange for subjecting the following parcel of land in Littleton to the protections of said Article 97, to be used for water supply protection purposes: a parcel known as 74 Whitcomb Avenue, shown on the Littleton Assessors’ Map as parcel U40-15-0, comprising approximately 2.75 acres.

SECTION 2.  The authorization contained in Section 1 shall be contingent on the recording of a deed restriction on parcel U40-15-0 placing it under the protection of Article 97 of the Amendments to the Massachusetts Constitution, to be preserved in a natural condition and used for water supply protection purposes.

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

ARTICLE 13 - Board of Library Trustees - Library Building Project Construction - Borrowing [2/3rds vote required]
To see if the Town will vote to borrow, transfer from available funds, and/or otherwise provide a sum of money to be expended under the direction of the Permanent Municipal Building Committee for architectural, engineering, project management, construction management (pursuant to M.G.L. c. 149A) or general contracting (pursuant to M.G.L. c. 149, 44A-44J, et seq.) as determined by the Permanent Municipal Building Committee, and/or other services necessary for the design, construction, equipping, and furnishing of a new Reuben Hoar Library (the “Project”), including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. c. 44, §7(1), or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor.  The total amount authorized to be borrowed by this vote shall be reduced by: (i) any and all grants received by the Town from the Massachusetts Board of Library Commissioners for this Project; and (ii) the amount of any and all gifts, grants and donations received by the Town for this Project, as long as said grants, gifts and donations are received prior to the issuance of any bonds or notes. Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. While not a legal condition to the borrowing of funds authorized by this vote, it is the expectation of this Town Meeting that a Proposition 2½ debt exclusion question, so-called, relating to this project will be placed before the voters of the Town at an election, or to take any other action in relation thereto.

Motion: Moved and seconded by the Library Trustees that the Town appropriates $13,100,000 to be expended under the direction of the Permanent Municipal Building Committee for architectural, engineering, project management, construction management (pursuant to M.G.L. c. 149A) or general contracting (pursuant to M.G.L. c. 149, 44A-44J, et seq.) as determined by the Permanent Municipal Building Committee, and/or other services necessary for the design, construction, equipping, and furnishing of a new Reuben Hoar Library (the “Project”), including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. c. 44, §7(1), or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor.  The total amount authorized to be borrowed by this vote shall be reduced by: (i) any and all grants received by the Town from the Massachusetts Board of Library Commissioners for this Project; and (ii) the amount of any and all gifts, grants and donations received by the Town for this Project, as long as said grants, gifts and donations are received prior to the issuance of any bonds or notes. Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. While not a legal condition to the borrowing of funds authorized by this vote, it is the expectation of this Town Meeting that a Proposition 2½ debt exclusion question, so-called, relating to this project will be placed before the voters of the Town.
 

ARTICLE 14 - Board of Selectmen/Personnel Board - Classification & Compensation Study
To see if the Town will vote to raise and appropriate a sum of money for a Classification & Compensation Study, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town raise and appropriate $40,000 to be expended at the direction of the Board of Selectmen for a Classification & Compensation Study.

ARTICLE 15 - 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 Schedules B-1, C-1 and D, as shown in bold below, effective January 1, 2020, as follows:

Schedule B-1, Other Employees

GRADE

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

1 hourly

$12.75

$13.00

$13.26

$13.53

$13.80

2 hourly

$15.30

$15.61

$15.92

$16.24

$16.56

 

 

 

 

 

 

Schedule C-1, Community Education

GRADE

STEP 1

STEP 2

STEP 3

1 hourly

   12.75

 

 

2 hourly

   14.00

   14.35

   14.71

3 hourly

20.00

20.50

21.01

4 hourly

25.00

25.63

26.27

5 hourly

30.00

30.75

31.52

6 hourly

35.00

35.88

36.77

Schedule D, Fire Department On-Call

GRADE

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

STEP 6

1 hourly

$12.75

     

2 hourly

$15.46

$15.77

$16.09

$16.41

$16.74

$17.07

3 hourly

$16.08

$16.40

$16.73

$17.06

$17.40

$17.74

4 hourly

$16.72

$17.05

$17.39

$17.74

$18.09

$18.45

5 hourly

$17.21

$17.55

$17.90

$18.26

$18.56

$18.93

6 hourly

$17.73

$18.08

$18.44

$18.81

$19.19

$19.57

7 hourly

$18.26

$18.63

$19.00

$19.38

$19.77

$20.17

8 hourly

$18.81

$19.19

$19.57

$19.96

$20.36

$20.77

9 hourly

$19.38

$19.77

$20.17

$20.57

$20.98

$21.40

10 hourly

$19.57

$19.96

$20.36

$20.77

$21.19

$21.61

11 hourly

$21.42

 

 

 

 

 

 

On-Call Stipend $4.00/hour

  1. By amending Section 22, by deleting and adding words as shown below with strikethrough/underlining:

Personal days provide a means for employees to secure time off when such time is needed for important personal reasons, allowing that reasonable notice be provided the Department Head and the absence does not interfere with the operation of the Department.  All full time benefit eligible employees shall receive 24 hours of three paid personal time on July 1st to use during the fiscal year. Part-time benefit eligible employees will be granted pro-rated personal leave according to the percentage of their regularly scheduled hours relative to full-time service of 40 hours per week. Personal time may be taken in hourly increments but may not be carried over to the next fiscal year and are not paid out upon separation of service.

A new full time benefit eligible employee hired after July 1st shall in that year receive paid personal days as follows:

  • Three personal days 24 hours of personal time if hired prior to October 1st;
  • Two personal days 16 hours of personal time if hired prior to January 1st;
  • One personal day 8 hours of personal time if hired prior to April 1st.

New part-time benefits eligible employees will be granted pro-rated personal leave according to the percentage of their regularly scheduled hours relative to the above schedule.

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 15 as printed in the warrant.

ARTICLE 16 - Board of Selectmen - Town By-law Amendment: Firearms Dealer Licensing
To see if the Town will vote to amend the General By-laws of the Town of Littleton by adding a new section 94-4, “Firearms Dealers,” to Chapter 94 of the Town Code, to read as follows:

§ 94-4.  Firearms Dealers.

  1. The objectives of this Bylaw are to:
    1. Ensure that firearms dealers licensed by the Town of Littleton operate in a manner that protects public safety; and
    2. Ensure that the Town of Littleton has adequate financial resources to carry out required inspections of firearms dealers. 
  2. This Bylaw is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act.
  3. Terms used in this Bylaw shall have the definitions set forth in M.G.L. c. 140, §121.
  4. Safety Requirements
    1. The Chief of Police shall adopt, and from time to time may revise, regulations, subject to approval by the Board of Selectmen, governing the safety of the premises and proper operation of businesses situated in the Town of Littleton engaged in the sale rental or lease of firearms or operating as a gunsmith.  Such regulations shall include a requirement that all such businesses maintain on file with the Town Clerk copies of all licenses under which they are operating.  Upon approval by the Board of Selectmen, such regulations shall be provided to the Littleton Town Clerk.
    2. Violation of such regulations shall be punished by a fine of $300 per violation.  Each day of noncompliance shall constitute a separate violation.  Violations may be penalized by a noncriminal disposition as provided in M.G.L. c. 40, §21D; police officers shall be the enforcing agents for such noncriminal dispositions.
  5. Inspection Fees
    1. The Chief of Police shall calculate a fee for annual inspections (as required by M.G.L. c. 140, § 123) of licensees under M.G.L. c. 140, §122, that reflects the costs incurred by the Town in performing those inspections.  Such fee amount shall be stated in a notice signed by the Chief of Police and provided to the Littleton Town Clerk.  The Chief of Police may modify the fee annually. 
    2. The total amount of annual inspection fees for the three-year license term must be paid by the licensee within 30 days of license issuance or renewal.  Licensees possessing licenses on the effective date of this bylaw shall pay the annual fee prior to each annual inspection for the remainder of the term of their existing licenses.  Failure to pay such fees by the time required shall be considered refusal to submit to an annual inspection; 

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.

ARTICLE 17 - Voter Petition - Zoning Amendment: Marijuana Retail [2/3rds vote required]
To see if the Town will vote to prohibit or further limit the retail sale of marijuana in the Town, by amending the certain provisions of Article XXVIII, voted on by Town Meeting on May 7, 2018, as follows:

Article XXVIII, Section 173-194 D: To substitute the following language: “To limit the overall number of Marijuana Retailers that may be located within the Town to zero”, and to submit that limit to ballot vote as and if required by M.G.L. Chapter 94G.

Article XXVIII, Section 173-196A: To strike this section in order to eliminate the Adult Use Marijuana Retail Overlay District.

Article XXVIII, Section 173-197: To substitute the following language: “Marijuana Retailers will not be permitted within the Town of Littleton absent a ballot vote.”

or to take any other action in relation thereto.
Motion: Moved and seconded by the petitioner that the Town vote to approve Article 17 as printed in the warrant.

 

 

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