May 3, 2010 Annual Town Meeting

Town Meeting Votes

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 2010: Fence Viewers: William Farnsworth, Timothy Harrison Whitcomb, Joseph Knox; Field Drivers: Raymond C. O'Neil; Surveyor of Timber & Measurer of Wood Bark: Henry Parlee; Measurers and Weighers of Grain, Hay, Coal and Livestock: Bill McFetridge, Ronald Pollack, Brian Pollack, Michele Roche, and Tom Wood. 

Board of Selectmen supports Article 1. 

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 2 - Board of Selectmen - Annual Report

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

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept all printed reports of Town Officers and Committees as published in the 2009 Annual Town Report.

Board of Selectmen supports Article 2.

So voted unanimously.

ARTICLE 3 - Board of Selectmen - Borrowing Authorization

To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 2010, in accordance with the provisions of Chapter 44, Section 4 of the General Laws, and to issue a note or notes as may be given for a period of less than one (1) year, in accordance with Chapter 44, Section 17 of the General Laws, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to authorize the Town Treasurer, with the approval of the Board of Selectmen to borrow money and issue notes for the purposes itemized and described in Article 3 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 3.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 4 - Board of Selectmen/Finance Committee - FY 2011 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, 2010, or to take any other action in relation thereto.

Motion: Moved and seconded by the Finance Committee that the Town vote to raise and appropriate the sum of $30,536,688, and transfer from the funds specified herein the sum of $624,586, for a total of $31,161,274, 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, 2010.

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

Declared passed by a majority vote. So voted.

ARTICLE 5 - Board of Electric Light Commissioners - Electric Light Operating Budget

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, a sum or sums of money, for electricity to be used for street lighting, and that the sum and income from the sale of electricity to private consumers and/or the electricity supplied to municipal buildings and from sales of appliances and jobbings during the current fiscal year, be appropriated for the Municipal Light Plant, the whole to be expended by the Manager of the Municipal Light Plant under the direction and control of the Electric Light Board for expenses of the plant for the fiscal year, as defined in Chapter 164, Section 57 of the General Laws, including out-of-state travel, and if said sum and said income shall exceed as the Electric Light Board may determine, it shall be transferred to the Construction Fund or other so designated account of said plant and appropriated for such additions thereto as may be authorized by the Electric Light Board and the balance of said excess shall be returned to the Town Treasurer, or take any other action in relation thereto.

Motion: Moved and seconded by the Board of Electric Light Commissioners that the Town vote that the income from the sale of electricity to private consumers and/or the electricity supplied to municipal buildings and from sales of appliances and jobbings during the current fiscal year, be appropriated for the Municipal Light Plant, the whole to be expended by the Manager of the Municipal Light Plant under the direction and control of the Electric Light Board for expenses of the plant for the fiscal year, as defined in Chapter 164, Section 57 of the General Laws, including out-of-state travel, and if said sum and said income shall exceed such expenses of the plant as the Electric Light Board may determine, it shall be transferred to the Construction Fund or other so designated account of said plant and may be expended without further appropriation for such additions to such plant as may be authorized by the Electric Light Board and any unexpended balance of said excess shall be returned to the Town Treasurer.

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

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 6 - Board of Water Commissioners - Water Enterprise Fund Operating Budget

To see if the Town will vote to appropriate $1,992,560 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, 2010 (detail below), or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Water Commissioners that the Town vote to appropriate $1,992,560 from the Water Enterprise Fund to fund the operation of the Water Department for the fiscal year beginning July 1, 2010.

Finance Committee, Board of Water Commissioners, and Board of Selectmen support Article 6.

Declared passed by a majority vote. So voted.

ARTICLE 7 - Board of Selectmen - Emergency Medical Services Enterprise Fund

To see if the Town will vote to appropriate $405,610, or any other sum or sums of money, from the Emergency Medical Services (EMS) Enterprise Fund to finance the operation of the EMS Department for the fiscal year beginning July 1, 2010 (detail below), or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate $405,610 from the Emergency Medical Services (EMS) Enterprise Fund to fund the operation of the EMS Department for the fiscal year beginning July 1, 2010.

Finance Committee and Board of Selectmen support Article 7.

Declared passed by a majority vote. So voted.

ARTICLE 8 - Board of Selectmen/Finance Committee - Capital Items from Available Funds

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, and/or borrow a sum or sums of money, to be expended by the respective Departments or Officers indicated, for the capital projects and purchases itemized and described, or to take any other action in relation thereto.

1. Police Cruiser leases - $40,500 to be expended by the Police Department; 3rd year (final) on 3 @ $13,500.
2. Fire Command Vehicle lease -$6,000 to be expended by the Fire Department to lease a vehicle for Fire Department. Said payment will cover the fourth year’s payment of a five-year lease.
3. Highway Sidewalk Plow lease - $45,000 to be expended by the Highway Department for the purpose of paying the lease on the sidewalk plow. Said payment will cover the third year’s payment of a three-year lease.
4. Fire Major Equipment Repair -$13,125 to be expended by the Fire Department for the purpose of major equipment repairs and upkeep.
5. Highway Major Equipment Repair - $15,000 to be expended by the Highway Department for the purpose of major equipment repairs and upkeep.
6. Shaker Lane Univents - $27,000 to be expended by the School Committee for the purpose of replacing univent HVAC units at the Shaker Lane School.
7. School Technology - $20,000 to be expended by the School Committee for the purpose of purchasing new and replacement computer systems with printers and accessories for various school departments.
8. Town Hall HVAC - $9,000 to be expended by the Board of Selectmen for the purpose of repairing HVAC units at the Shattuck St building.
9. Highway 1-ton tool truck - $48,495 to be expended by the Highway Department for the purpose of purchasing a new 1-ton vehicle with plow as a replacement for an existing 2002 vehicle with mileage in excess of 100,000.
10. UHF Radio Upgrade – $40,000 to be expended by the Fire Department as matching funds for a Fire ACT regional UHF radio upgrade grant.
11. Rear Boom Flail Mower – $25,000 to be expended by the Highway Department to replace a 2003 model.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from the Undesignated Fund Balance the sum of $289,120 for capital projects and purchases itemized and described in Article 8 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 8.

Declared passed by a majority vote. So voted.

ARTICLE 9 - Board of Selectmen - Track Design and Development

To see if the Town will vote to amend the action taken under Article 11 of the Annual Town Meeting held on May 4, 2009, and to raise and appropriate, and/or transfer from available funds, an additional sum of up to $35,000 to be expended by the Permanent Municipal Building Committee, as directed by the Town Meeting, to continue the design and development of a track and/or multi-purpose field facility and for expenses incidental and related thereto, or to take any other action in relation thereto. 

Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from the Undesignated Fund Balance the sum of $35,000 for the purposes described in Article 9 as printed in the warrant.

Board of Selectmen and School Committee support Article 9. Finance Committee does not support Article 9. 

Declared passed by a majority vote. So voted.

ARTICLE 10 - Community Preservation Committee - Community Preservation FY 2011 Budget

To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the Fiscal Year 2011 Community Preservation Budget, to appropriate or reserve from FY 2011 Community Preservation Fund annual revenues and reserves the following amounts, as recommended by the Community Preservation Committee, with each item considered a separate appropriation:

Motion: Moved and seconded by the Community Preservation Committee to approve the appropriations and reserves itemized and described in Article 10 as printed in the warrant.

Community Preservation Committee, Finance Committee, and Board of Selectmen support Article 10.

Declared passed by a majority vote. So voted.

ARTICLE 11 - Board of Selectmen – School Committee – Trust Fund Commissioners -M.H. Kimball Trust School Grant Funds

To see if the Town will vote to transfer $9,800 from a grant from the M.H. Kimball Trust to the Littleton School Department for the purpose of procuring and installing ceiling-mounted LCD projectors at the Russell Street Elementary School and costs related thereto, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer $9,800 from a grant from the M.H. Kimball Trust to the Littleton School Department for the purpose of procuring and installing ceiling-mounted LCD projectors at the Russell Street Elementary School and costs related thereto.

Finance Committee, Board of Selectmen, School Committee, and Trust Fund Commissioners support Article 11.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 12 - Board of Selectmen/Personnel Board - Personnel By-law Amendments

To see if the Town will vote to amend Chapter 33 of the Town Code, Personnel, as follows:

1. Amend the Personnel By-law to use the term “Personnel Board” uniformly throughout by striking all references to “Personnel Committee”, “Committee on Personnel”, and, when used in reference to the Personnel Board, “Committee”, and inserting in place thereof “Personnel Board”.
2. Amend §33-2 to provide for staggered three-year terms for Personnel Board members by deleting the second sentence of the second paragraph of §33-2 and replacing it with the following: The Town department head and employee at large shall be elected by their peers for a term of two years so arranged that the term of one shall expire each year. All other appointments to the Board shall be made by the Board of Selectmen for three‑year overlapping terms so arranged that the term of at least one member shall expire each year.
3. Add the category of On-Call/Temporary Employee throughout the Personnel By-law, as follows:
   1. Amend §33-7 by inserting after "d. Seasonal Employee" the following definition "e. On-Call/Temporary Employee: Any non-benefit eligible employee whose duration of employment with the Town is on an on-call or temporary basis." and by relettering each existing subsection accordingly;
   2. Amend §33-8.B by adding "d. On-Call/Temporary" so that said section reads as follows: “All positions subject to the provisions of the Personnel By-law of the Town shall fall into one of the following categories: a. Benefit Eligible; b. Non-Benefit Eligible; c. Seasonal; d, On-Call/Temporary These categories will determine an employee’s eligibility for benefits as specified by this By- Law.”
4. Amend §33-13 to read as follows: “Step increases A step increase will be awarded on an annual basis at the employee’s anniversary providing the employee has completed at least one (1) year of satisfactory employment, unless otherwise exempted by attached schedules. When an employee reaches the top step of the grade they will no longer be eligible for a step increase.”
5. Amend the Classification and Compensation Plan by deleting “FY 2010” and inserting in place thereof “FY 2011”, with no changes in the dollar amounts contained in said plan.
6. Amend Schedule A of the Classification and Compensation Plan as follows:
   1. Delete “Outreach Coordinator” at Grade 5 and add “Coordinator for Outreach and Respite Care” at Grade 7;
   2. Add “Department Clerk” at Grade 4; and
   3. Reclassify “Assistant Treasurer” from Grade 7 to Grade 9. 
7. Amend Schedule B as follows:
   1. Add “On-Call Meeting Clerk” at $11.65 per hour; and
   2. Add “PR&CE Preschool Coordinator/Lead Coordinator” at $15.00 per hour. 
8. Amend Schedule C, Temporary/Seasonal Park & Recreation Department positions, as follows
   1. Delete Schedule C and replace it with the following:

      Grade	Step 1	Step 2	Step 3	Step 4	Step 5
      1	$8.75	$9.01	$9.28	$9.56	$9.85
      2	$9.25	$9.53	$9.81	$10.11	$10.41
      3	$10.00	$10.30	$10.61	$10.93	$11.26
      4	$10.50	$10.82	$11.14	$11.47	$11.82
      5	$12.00	$12.36	$12.73	$13.11	$13.51
      6	$14.00	$14.42	$14.85	$15.30	$15.76
      7	$15.25	$15.71	$16.18	$16.66	$17.16
      8	$16.50	$17.00	$17.50	$18.03	$18.57
      9	$17.25	$17.77	$18.30	$18.85	$19.42
      10	$19.00	$19.57	$20.16	$20.76	$21.38

   2. Amend “Counselor – Tahattawan” to read “Senior Counselor – Tahattawan” at Grade 2;
   3. Add “Snack Hut Manager” and “Lead Counselor – Tahattawan” at Grade 3;
   4. Add “Summer Program Coordinator” at Grade 5;
   5. Reclassify “Camp Specialist – Music” from Grade 5 to Grade 6;
   6. Reclassify “Sailing Coordinator” from Grade 6 to Grade 7;
   7. Reclassify “Preschool Teacher” from Grade 6 to Grade 10;
   8. Delete “Camp Tahattawan Assistant Director” and add “Assistant Director/CIT Director – Tahattawan” at Grade 6;
   9. Reclassify “Camp Director – Tahattawan” from Grade 7 to Grade 8;
   10. Add “Assistant Director – Prouty” at Grade 7; and
   11. Add “Tennis Instructor,” “Golf Instructor,” and “Special Programs Instructor” at Grade 9.
9. Add Schedule C-1, Temporary/Seasonal/Fee-based Community Education Enrichment Program, as follows:

   Grade	Step 1	Step 2	Step 3
   1	8.50	8.93	9.37
   2	14.00	14.70	15.44
   3	20.00	21.00	22.05
   4	25.00	26.25	27.56
   5	30.00	31.50	33.08
   6	35.00	36.75	38.59

   Grade 1 - Community Education Teachers Aide
   Grade 2 - Community Education Assistant
   Grade 3 - Community Education Instructor 1
   Grade 4 - Community Education Instructor 2
   Grade 5 - Community Education Instructor 3
   Grade 6 - Community Education Instructor 4

10. Add Schedule D, Fire Department On-Call, as follows:

    Grade	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6
    1	$8.17
    2	$11.76	$12.01	$12.26	$12.51	$12.76	$13.01
    3	$12.00	$12.25	$12.50	$12.75	$13.00	$13.25
    4	$13.89	$14.14	$14.39	$14.64	$14.89	$15.14
    5	$14.66	$14.91	$15.16	$15.41	$15.66	$15.91
    6	$14.87	$15.12	$15.37	$15.62	$15.87	$16.12

    Grade 1 - Probationary Fire Fighter or Emergency Medical Technician
    Grade 2 - On Call Fire Fighter - On Call Emergency Medical Technician
    Grade 3 - On Call Fire Fighter/ EMT
    Grade 4 - On Call Lieutenant
    Grade 5 - On Call Captain
    Grade 6 - On Call Deputy Chief
    Step increases on Schedule D will be awarded on the basis of performance asdetermined by the Fire Chief.

or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend Chapter 33 of the Town Code precisely as set forth in Article 12 as printed in the warrant.

Personnel Board, Board of Selectmen, Finance Committee, and Park & Recreation Commission support Article 12.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 13 - Board of Selectmen - Revolving Funds

To see if the Town will vote to authorize the following Fiscal Year 2011 Revolving Funds, in accordance with Chapter 44, section 53E½ of the General Laws, or to take any other action in relation thereto.

1. Wiring/Plumbing/Gas Inspections: to allow receipts from wiring and plumbing fees to be segregated into a special account; and with funds therefrom, up to a limit of $75,000 annually, to be expended to compensate the Wiring, Plumbing and Gas Inspectors, under the direction of the Building Commissioner, with the prior year’s fund balance to be available for expenditure;
2. Dog By-law Enforcement: to allow receipts from dog license fees and fines to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for costs associated with by-law enforcement, under the direction of the Town Clerk, with the prior year’s fund balance to be available for expenditure;
3. Cemetery Lots: to allow receipts from the sale of lots and grave opening fees to be segregated into a special account; and with funds therefrom, up to a limit of $10,000 annually, to be expended for associated administrative costs, under the direction of the Cemetery Commission, with the prior year’s fund balance to be available for expenditure;
4. Alarm Box Repairs: to allow receipts from alarm box fees to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for repairs to alarm boxes, under the direction of the Fire Department, with the prior year’s fund balance to be available for expenditure;
5. CPR Courses: to allow receipts from CPR course fees to be segregated into a special account; and with funds therefrom, up to a limit of $2,000 annually, to be expended for CPR course costs, under the direction of the Fire Department, with the prior year’s fund balance to be available for expenditure;
6. Sealer of Weights and Measures: to allow receipts from sealer fees to be segregated into a special account; and with funds therefrom, up to a limit of $3,000 annually, to be expended to compensate the Sealer, under the direction of the Board of Selectmen, with the prior year’s fund balance to be available for expenditure;
7. Fire Safety Act Compliance: to allow receipts from Fire Safety Act fees and fines to be segregated into a special account; and with funds therefrom, up to a limit of $3,000 annually, to be expended for associated administrative costs, under the direction of the Board of Selectmen, with the prior year’s fund balance to be available for expenditure;
8. M.A.R.T: to allow receipts from reimbursement from M.A.R.T. bus fees to be segregated into a special account; and with funds therefrom, up to a limit of $68,000 annually, to be expended for wages and expenses for senior van operation, under the direction of the Council on Aging, with the prior year’s fund balance to be available for expenditure;
9. Pet Cemetery: to allow receipts from pet cemetery fees to be segregated into a special account; and with funds therefrom, up to a limit of $20,000 annually, to be expended for associated administrative costs, under the direction of the Cemetery Commission, with the prior year’s fund balance to be available for expenditure;
10. Community Education: to allow receipts from community education fees to be segregated into a special account; and with funds therefrom, up to a limit of $80,000 annually, to be expended for wages and associated administrative costs, under the direction of the Park & Recreation Commission, with the prior year’s fund balance to be available for expenditure;
11. Spectacle Pond Cell Tower: to allow receipts from the Spectacle Pond Cell Tower rent to be segregated into a special account; and with funds therefrom, up to a limit of $40,000 annually, to be expended for debt service for the Clean Lakes program, under the direction of the Board of Selectmen, with the prior year’s fund balance to be available for expenditure; and
12. Legal Advertisements: to allow receipts paid by applicants for advertising costs to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for legal advertising costs, under the direction of the Board of Appeals, with the prior year’s fund balance to be available for expenditure.

Motion: Moved and seconded by the Board of Selectmen that the Town vote, in accordance with Chapter 44, section 53E½ of the General Laws, to authorize Fiscal Year 2011 Revolving Funds precisely as set forth in Article 13 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 13.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 14 - Board of Selectmen - Chapter 90 Road Improvements

To see if the Town will vote to transfer from available funds or authorize the Treasurer to borrow in anticipation of reimbursements, a sum of money for authorized road improvements and other projects provided for under Chapter 90 of the General Laws; or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate fundsavailable from the Massachusetts Highway Department in the amount of $285,847 for authorized road improvements and other projects provided for under Chapter 90 of the General Laws.

Finance Committee and Board of Selectmen support Article 14.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 15 - Planning Board/Board of Selectmen - By-law Amendment: Digital Plan Submittals

To see if the Town will vote to amend the Town Code, by inserting a new Chapter 138, as follows:

Chapter 138, PLANS, FILING OF

§ 138-1. Electronic Files. 

To facilitate maintaining the Town of Littleton’s records, for example the assessor’s tax maps, an electronic file (the “standard digital file”) of definitive subdivision plans and plans for which approval under the subdivision control law is not required pursuant to G.L. c.41, §81P shall be filed with the Planning Board within 15 business days after endorsement. The standard digital file shall comply with Level III of the current version of the MassGIS “Standard for Digital Plan Submission to Municipalities” (hereafter “the standard”), available here. The standard digital file submitted must comply with Level III of the standard, and the vertical datum shall be the North American Vertical Datum 1988. 

Upon written request, the Planning Board may waive the requirement for submitting the standard digital file or for complying with Level III of the standard. In place of the Level III requirement, the Planning Board may allow submission of a standard digital file that complies with Level I. Any request for a waiver must include a statement as to why submitting a digital file is not possible or why the requirement should be for Level I of the standard.”

or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend the Town Code by adding a new Chapter 138 precisely as set forth in Article 15 as printed in the warrant.

Board of Selectmen, Board of Assessors, and Planning Board support Article 15.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 16 - Board of Selectmen - Compensating Balance Agreement

To see if the Town will vote to authorize the Treasurer to enter into a Compensating Balance Agreement(s) for FY 2011, pursuant to Chapter 44, Section 53F of the General Laws, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to authorize the Treasurer to enter into a Compensating Balance Agreement(s) for FY 2011, pursuant to Chapter 44, Section 53F of the General Laws.

Finance Committee and Board of Selectmen support Article 16.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 17 - Board of Selectmen - Senior Work Program

To see if the Town will vote to request the Board of Assessors to commit $50,000, or any other sum or sums of money, from the FY 2011 Overlay Account for Abatements to fund the Senior Citizen Tax Work-off Abatement Program, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to request the Board of Assessors to commit $50,000 from the FY 2011 Overlay Account for Abatements to fund the Senior Citizen Tax Work-off Abatement Program.

Finance Committee, Board of Selectmen, and Council on Aging support Article 17.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 18 - Board of Selectmen/Library Trustees - Library Fines

To see if the Town will vote to amend the Town Code, Chapter 118, Library, by deleting §118-1. “Detention of materials; enforcement,” which currently reads as follows: “Whoever detains a book, magazine, newspaper, pamphlet, manuscript, phonographic record, audiotape, videotape, museum pass or other item which belongs to the Town Library for thirty (30) days after a written notice to such person or to such person's parent or guardian, if a minor, containing a copy of this chapter and notice that such materials have been kept past the time allowed by the regulations of the library, has been sent by certified mail from the librarian thereof shall pay to the library, in addition to the overdue fines provided by Paragraph 6 of its circulation policy and all costs of replacement, an additional fine of twenty-five dollars ($25.). The Town Librarian will be the enforcing person.” or to take any other action in relation thereto.

Motion: Moved and seconded by the Library Trustees that the Town vote to amend Chapter 118 of the Town Code precisely as set forth in Article 18 as printed in the warrant.

Library Trustees and Board of Selectmen support Article 18.

Declared passed by a majority vote. So voted.