October 17, 2020 Special Town Meeting

To see if the Town will vote to amend the FY2021 Operating Budget for the Fiscal Year commencing July 1, 2020, as adopted under Article 4 of June 13, 2020; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or to take any other action related thereto.

Motion: Moved and seconded by the Select Board that the Town vote to amend the FY2021 Operating Budget for the Fiscal Year commencing July 1, 2020, as adopted under Article 4 of June 13, 2020; and to raise and appropriate $19,088 and transfer $32,915 from the funds specified in the Special Town Meeting Report for this Special Town Meeting, to defray the expenses of various departments of the Town by adding said sums to the amount appropriated under Article 4 of the June 13, 2020 Annual Town Meeting, for the operation of the Town and its government.

Finance Committee and Select Board support this article.

ARTICLE 3 - Select Board/Finance Committee - FY2021 Capital Items from Available Funds

To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or otherwise provide $321,659 (surplus FY2020 snow and ice funds) or any other sum or sums of money, and to transfer from the Capital Stabilization Fund $479,132 or any other 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 related thereto.

ARTICLE 4 - 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 transfer $50,000 or any other sum or sums of money from the Receipts Reserved for Appropriation to 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 $478,200 for the operation of the Littleton Community Television cable television studio, as follows: 1) $40,000 or any other sum or sums of money for the purchase and installation of audio and video equipment at the Reuben Hoar Library, and for costs incidental and related thereto; and 2) $10,000 or any other sum or sums of money for all costs associated with negotiating a new cable franchise license, including, but not limited to, all legal and associated expert services costs, said sums to be expended under the authority of the Littleton Community Television Advisory Committee, or to take any other action related thereto.

ARTICLE 5 - Select Board - Mill Pond Dredging – Rescind Vote and Transfer of Funds

To see if the Town will vote to rescind the vote taken under Section VIII.E of Article 8 of the May 7, 2018 Annual Town Meeting, which authorized the transfer of $68,550 from the Spectacle Pond Cell Tower Clean Lakes Fund, said sum to be expended by the Clean Lakes Committee as part of the Town’s share of the Mill Pond Dredging Project, and to transfer said sum back into the Spectacle Pond Clean Lakes Fund, or to take any other action related thereto.

ARTICLE 6 - Select Board - Appropriation of Bond/BAN Excess Premium

To see if the Town will vote to appropriate all or a portion of $11,557.39, representing the net premiums of $9,047.91 paid to the Town upon the sale of the Town’s $7,345,000 General Obligation Bond dated May 22, 2020, net premium of $1,057.48 paid to the Town upon the sale of the Town’s $3,489,000 Bond Anticipation Note dated June 28, 2019, and net premium of  $1,452.00 paid to the Town upon the sale of the Town’s $4,986,000 Bond Anticipation Note dated May 22, 2020 to pay costs of the following projects: $8,785.06 to the Library Construction project authorized by the vote of the Town passed by Article 13 of the October 28, 2019 Special Town Meeting; and $2,772.33 to the Whitcomb Avenue Well Field and Treatment Plant authorized by the vote of the Town passed by Article 19 of the May 7, 2018 Annual Town Meeting  Any such premium may be applied to a project and the amount authorized to be borrowed pursuant to this vote shall be reduced by the amount of any such premium so applied, or to take any other action related thereto.

ARTICLE 7 - Select Board/Community Preservation Committee - Community Preservation Committee - FY2021 Community Preservation

1. Historic Preservation Reserve: $9,500 for the rehabilitation of the Grange Fountain.

or to take any other action related thereto.

ARTICLE 8 - Select Board - Acquisition of Land at 119 Tahattawan Road

1. Authorize the Select Board, the Affordable Housing Trust, or the Conservation Commission to acquire by purchase, gift or eminent domain a fee simple interest in a certain parcel of land located at 119 Tahattawan Road, containing 23.67 acres, more or less, shown on Town of Littleton Assessors Map as U33-2-0 and being a portion of the premises described in two deeds: Deed from Mary H. Brown to Derek M. Brown, Stephen H. Brown and Richard T. Brown dated March 1, 2002, recorded with the Middlesex South Registry of Deeds in Book 39540, Page 41, and Deed from Richard T. Brown to Richard T. Brown, Trustee, Brown Robbins Trust, dated March 12, 2019 recorded with the Middlesex South Registry of Deeds in Book 72403, Page 26, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Select Board may determine;
    
2. Raise and appropriate, transfer from available funds, borrow, or otherwise provide a sum or sums of money to acquire and subdivide the property described herein, including the payment of all legal costs and any other costs incidental and related thereto;
    
3. Hear and act on the report of the Community Preservation Committee on the FY2021 Community Preservation Budget and to appropriate, transfer, borrow or otherwise provide from FY2021 Community Preservation Fund annual revenues and reserves, as recommended by the Community Preservation Committee, a sum or sums of money to acquire the property described herein and to direct the Select Board or the Conservation Commission to grant a permanent conservation restriction on said property pursuant to M.G.L. c.44B, §12 and M.G.L. c.184, §§31-33, where required by law;
    
4. Authorize the Select Board or the Conservation Commission to apply for any grants or reimbursements from the Commonwealth of Massachusetts or any other grant programs in any way connected with this article, to assist in the acquisition of the property described herein, including, but not limited, to the Commonwealth’s Local Acquisitions for Natural Diversity (LAND) Program or Municipal Vulnerability Preparedness Action Grant;
    
5. Authorize the Select Board, the Affordable Housing Trust, or the Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Littleton to effect said acquisition or purchase or grants;

ARTICLE 9 - Select Board/Personnel Board - Personnel Bylaw and Classification and Compensation Plan Amendments

To see if the Town will vote to amend the Personnel Bylaw and Classification and Compensation Plan, Chapter 33 of the Town Code, as recommended by the Personnel Board as follows:

(1) By amending §33-21 of the Personnel Bylaw entitled “Holidays” as follows (additions indicated by underline and deletions indicated by strikethrough): **Strikethrough is not a supported format- We will use RED text instead.

A.  All benefit eligible employees shall receive  one day at straight time holiday pay for the following 11 holidays:

New Year’s Day
Martin Luther King Day
President's Day
Patriot's Day
Memorial Day
Fourth of July
Labor Day
Columbus Day
Veteran's Day
Thanksgiving
Christmas

Holiday pay shall be computed based on an 8 hour day. Part-time employees are awarded holiday pay that is prorated by the fraction that that employee works during the week compared to a 40 hour work week (e.g., a 20 hour a week worker is awarded 4 hours of holiday pay). In no event shall holiday pay exceed pay for 8 hours.

An employee whose prorated holiday time causes a shortfall in the total hours paid from the standard work week may use other available leave time to make up the lost pay. As an alternative to using other available leave time, upon the request of the employee and approval by the Department Head/ Manager and subject to operational needs, the employee may work the extra hours in that same pay period.

B. If such holiday falls on a Saturday, the preceding Friday will be observed as a holiday for those departments that are not staffed on Saturday. If the holiday falls on a Sunday, the holiday will be observed on the following Monday for those departments not open on a Sunday.

C. If an employee is on vacation and a holiday falls within the vacation time period, the employee will not be required to use a vacation day for the holiday. If an employee is not scheduled to work the day the department closes for the holiday, the employee will be entitled to one floating holiday to be used on a regular scheduled workday and when possible during the same pay period, when possible, but not later than 30 days from the holiday.

2. By amending §33-16 of the Personnel Bylaw, by amending the section title and adding a new §33-16.E  as follows (additions indicated by underline and deletions indicated by strikethrough):

§33-16 Movement, and re-classification, and working out of classification of employees

E. When an eligible employee is temporarily assigned to function in a position in a higher grade for a period of 6 days or more due to an absence or unavailability and they assume the approved delegated duties and responsibilities of that position they are entitled to an increase in compensation equal to the minimum of the assigned position’s grade or to a step in that grade that results in an increase over their current rate of pay of at least 10%.

3. By amending Schedule A, Permanent Full and Part-time Employees as follows (additions indicated by underline and deletions indicated by strikethrough):

Grade 10: Assistant Treasurer
Grade 11: Assistant Treasurer and HR Administrator Human Resources Manager
Grade 12: Town Treasurer/ Assistant Director of Finance and Budget

4. By amending Schedules B, B-1, C-1 and D, as shown in bold below, effective January 1, 2021, as follows:

or to take any other action related thereto.

ARTICLE 10 - Select Board/ Board of Water Commissioners - Water Department Treatment Improvements for PFAS [2/3 vote required]

To see if the Town will vote to raise and appropriate, transfer, borrow or otherwise provide the 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 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, by borrowing a sum or sums of money, and to meet this appropriation, the Treasurer, with the approval of the Select Board, is hereby authorized to borrow said sum under and pursuant to Sections 7(1) and 7(7) of Chapter 44 of the General Laws, or pursuant to and any other enabling authority, including Chapter 29C of the General Laws (the Clean Water Trust) and to issue bonds or notes of the Town therefor, and further, that although the borrowing authorized by this vote must constitute a general obligation of the Town pursuant to Chapter 44 of the General Laws, it is the intention of the Town that the repayment of any borrowing authorized hereunder shall, in the first instance, be made from water system revenues, and in accordance with Section 20 of Chapter 44, 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, or to take any other action in relation thereto.

ARTICLE 11 - Select Board/Board of Water Commissioners - Littleton Smart Sewer Design and Construction Funding [2/3 vote required]