Tuesday, June 23, 2015 Town of Adams Massachusetts

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1 annual town meeting Finance Committee Report Fiscal 2016 Tuesday, June 23, 2015 Town of Adams Massachusetts

2 Town of Adams Massachusetts FINANCE COMMITTEE TOWN HALL BUILDING 8 PARK STREET May 27, 2015 SUBJECT: BUDGET SUBMISSION FOR FY2016 Dear Town Meeting Members: The Members of the Finance Committee are pleased to transmit herewith, budget recommendations for Fiscal Year Together with the budget, this report provides the... detailed estimate in writing of the probable expenditures of the Town government... and an estimate of the amount of income from all sources of revenue as required by Section 14 of the Town Charter. OVERVIEW: This proposed Annual Town Budget for Fiscal Year 2016 is respectfully submitted for Town Meeting review. It has been a commitment since Fiscal Year 2012 to right-size the operations of the Town of Adams. In that spirit, this year s budget reflects a continued review of each line item within the Town s operational and personnel expenditures. The new Town Administrator has redoubled these efforts and strong reductions to personnel have been made accordingly. This course of action will reduce costly items such as current benefits and future costs such as the legacy costs of retirement benefits and retiree insurance also referred to as Other Post Employee Benefits (OPEB). In this warrant, Article 24 establishes an OPEB trust for the Town of Adams. This is necessary for the future costs of retiree health and life insurance. The Commonwealth of Massachusetts is allowing cities and towns to establish these trusts to begin to meet these unfunded future costs. The Town of Adams unfunded accrued liability for OPEB costs is currently $13,330,000.

3 APPROACH: The Town of Adams has continued to view each year s budget process as an opportunity to formalize our long-term goals and plans for financial stability. In this year s proposal, there is a continued commitment to economic development as part of the Board of Selectmen s Economic Development Strategy which was crafted in The below points will continue a commitment to such growth. In this warrant, Article 26 establishes an Economic Development Fund which will be funded via Articles 27 and 28. Article 27 will impose the local option meals tax within the Town of Adams. Many cities and towns across the Commonwealth have opted for this local option tax and the Massachusetts Department of Revenue s Municipal Data Bank shows that nearly $78,000 per year will be recognized by the Town of Adams in local meals tax revenue. Article 28 is a Payment in Lieu of Taxes agreement for the Solar Array Project at 215 East Road. With this Economic Development Fund the Town can promote growth in order to both increase our population and build our business community back up, which will more permanently ease the tax burden on our residential property owners. $65,000 in engineering funds for the Community Development Department for continued investment in the Greylock Glen project and the town at large. This is not a large increase in Town spending as the Town Administrator s engineering budget was reduced accordingly to put the appropriation where it may be best spent. Continued investment in marketing, promotional and tourism related activities in our downtown. $6,000 for staffing at the Adams Visitors Center. $5,500 from the Technology Fund to purchase an online permitting software program to streamline the Town s permitting process, thus eliminating manual work. $10,800 from the Technology Fund to purchase two computerized heat controllers to finalize a multi-year project to centrally control the HVAC systems in Town Hall and the Police Station. Financial stability was also a major underlying priority in this budget, as the Town must maintain a commitment to having stable reserves that can be used in a predictable manner from year to year. The below items detail this year s strategy. A continued appropriation of $175,000 to the Reserve Fund. Annually, the remaining balance of this fund is rolled into our Stabilization Fund. Use of $580,000 as revenue from free cash to offset the tax rate, an additional $108,000 for capital expenditures, $85,000 for a much needed outside ten year revaluation of Town properties and $30,000 for student computers at the ACRSD. This leaves the Town with a remaining balance of $213,254 in Free Cash. Refinancing of the Town Hall and Police Station Bond to incorporate the Library renovations for a long term savings to the Town of over $180,000. This will be realized through approximately $14,000 in interest savings each year for the remaining 13 years of the loan. No appropriation from the Town s Stabilization Fund to begin a build up of that much needed fund.

4 OVERALL IMPACTS: This budget proposal includes a 6% increase in the assessment from Adams-Cheshire Regional School District, and a 9.8% increase from the Northern Berkshire Regional Vocational School District. Additionally, the Town of Adams was forced to accept an increase of 15% from our health insurance supplier, Berkshire Health Group. Overall capital outlay is proposed to decrease by 2.4% for Fiscal Year In terms of the Town of Adams operations, this budget decreases personnel costs by.3% by eliminating 3 full time positions and adjusting 2 full time positions into several part time positions; operational costs have increased 1%. The overall budget proposal is a 2.35% increase from Fiscal Year 2015 with a bottom line of $14,280,910. CONCLUSION: The overall operations of the Town of Adams, separate of the school assessments, continue to be exceedingly predictable in their annual costs. With the commitment of the new Town Administrator to reduce staff while maintaining services with innovative new approaches and integrating positions without seeing a detrimental reduction in Town services, the Town should realize cost savings well into the future. The Town is currently in negotiations with the Adams Department of Public Works. It is the intention of the Town to continue to work closely with our Unions with an eye towards identifying ways in which to create better efficiencies while still maintaining, and where possible, enhancing the scope of services that are provided for the community. We believe that the Town of Adams operations are currently headed in the right direction. We look forward to reviewing the budget with you at the Annual Town Meeting. Thank you for your consideration of this proposal as well as your participation in this important process. Respectfully submitted, Timothy Burdick, Chairman Craig Corrigan Paul S. Demastrie Amy A. Giroux Brian R. Johnson Joan Smigel Rachel H. Tomkowicz John Cowie And former members: Fred S. Hobart David Allen, Vice-Chairman Leon S. Parrott Charles H. Foster Sandra D. Kleiner John Lawson Matthew Pitoniak Jeffrey M. Lefebvre Gregory E. Tremblay

5 Table of Contents Finance Committee Recommendations Budget Submission for FY2016 Overview Order of Articles...5 Glossary Telephone Numbers of Major Offices...34 Exhibits Fiscal 2016 Organizational Budget Summary Estimated Sources and Uses of Funds...38 Proposed Free Cash Usage - Fiscal Year Reserve Fund Transfers Estimated Tax Rate Recapitulation...40

6 Article 1 Article 2 Article 3 Article 4 Order of Articles Page Annual Articles Elect Other Officers Not Previously Chosen...7 Selectmen Report...7 Committee Reports...7 Set Compensation of Elected Officials...7 Budget Articles Article 5 Operating Omnibus Article Article 6 Capital Omnibus Article Article 7 Capital Infrastructure and Equipment Outlay...12 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Regional School Assessment Articles Adams-Cheshire Regional School District Assessment...13 Northern Berkshire Regional Vocational School District Assessment...13 Transfer to Special Funds Articles Free Cash to Lower the Tax Rate...14 Stabilizaton Fund Appropriation...14 Reserve Fund Appropriation...14 Unpaid Bills...14 Cemetery Investment Fund Request...14 Annual Authorization Articles Article 15 Authorization to Apply for Community Development Block Grants...15 Article 16 Authorization to Apply for Community Facilities Grants...15 Article 17 Authorization to Accept Perpetual Care Monies...15 Article 18 Authorization to Borrow...15 Article 19 Authorization to Establish Certain Revolving Funds By-Law Amendments Article 20 Vote to amend the Compensation Plan Section Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Miscellaneous Articles Authorization to Approve Appropriation for 10 Year Revaluation...18 Authorization to Reimburse Adams Retirement Fund...18 Authorization to Establish OPEB Trust Fund...18 Authorization to Increase Local Option Room Occupancy Tax Percentage...18 Authorization to Establish an Economic Development Fund...18 Authorization to Accept Local Sales Tax Upon Sales of Restaurant Meals...18 Authorization to Accept PILOT Agreement with Clean Energy Collective...18 Authorization to Enact the Stretch Energy Code...19 Authorization to Appropriate Funds for ACRSD Student Computers from Free Cash...19 Authorization to Transfer Unused FY2014 Funds to Adams Visitors Center...19 Citizens Petitions Article 31 Request to Adopt a Green Bylaw Article 32 Request to Adopt a Bylaw to Ban Polystyrene Foam Article 33 Request of Appropriation of Funds for Adams Agricultural Fair to Purchase Bleachers...30 Article 34 Request to Accept Kingsmont Lane as a Public Way...30 Article 35 Request to Amend the Town Charter to Change Elected Officials to Appointed Staff...30 Article 36 To Transact Any Other Business...30

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8 Commonwealth of Massachusetts Town of Adams Berkshire, ss. To either of the Constables, of the Town of Adams in the County of Berkshire in said Commonwealth: Greetings: In the name of the Commonwealth, you are hereby directed to notify and warn the Inhabitants of the Town of Adams qualified to vote in Town affairs to meet at the C. T. Plunkett School Auditorium on Tuesday, the twenty-third day of June 2015, at 7:00 P.M., then and there to act on the following articles, to wit. ANNUAL ARTICLES Article 1 Article 2 Article 3 Article 4 To choose all other town officers not previously chosen by ballot. To hear the reports of the Board of Selectmen and other town officers and act thereon. To hear the reports of any committee and act thereon. To see if the Town will vote to fix the salary and compensation of all elective officers of the Town in accordance with the provisions of Section 108 of Chapter 41 of the General Laws, as amended, and to see if any of said salaries and compensation shall be increased, or take any other action in relation thereto. Board of Selectmen Chairman... 2,000 Member...1,200 Board of Assessors Full-Time...63,719 Part-Time...1,800 Treasurer/Collector...63,445 Town Clerk...58,947 Board of Health Chairman...1,386 Member Cemetery Commissioners Chairman Member Moderator The Finance Committee voted to RECOMMEND that the Town vote to fix the salary and compensation of its elective officers as listed. Article 5 OPERATING OMNIBUS ARTICLE To see if the Town will vote to raise and appropriate, or appropriate from available funds, a sum or sums of money as may be necessary to defray the ordinary expenses of the Town for the fiscal period beginning July 1, 2015 through June 30, 2016, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to raise and appropriate or appropriate from available funds as noted, the amounts shown under the heading FY16 Recommended.

9 PERSONAL SERVICES OPERATING EXPENSES FY2015 FY2016 FY2015 FY2016 Approved Recommended Approved Recommended EXECUTIVE Selectmen 6,901 6,901 11,620 12,125 Town Administrator 132, ,273 51,500 33,800 Town Counsel 39,189 39, Moderator Finance Committee 1,028 1,028 3,110 2,610 Town Report 3,200 2,400 FINANCE & TECHNOLOGY Employee/Retiree Benefits 1,082,984 1,170,300 Accountant 135, ,014 41,291 38,241 Technology 6,163 6, , ,557 Insurance 132, ,640 GENERAL GOVERNMENT Assessor 137, ,076 7,985 7,985 Treasurer-Collector 124, ,290 40,721 48,575 Town Clerk 117, ,969 4,795 4,795 Elections 21,800 19,400 Registrar of Voters 2,005 2,005 Codification 2,500 2,500 COMMUNITY DEVELOPMENT Conservation Commission 1,578 1,578 Planning Board 6,330 6,330 Zoning Board 5,227 5,127 Community Development 96,838 99,656 75,625 88,225 Building Inspector 151,714 65,342 8,648 8,648 Gas/Appliance Inspector Plumbing Inspector Weights/Measures Inspector 3,500 3,500 Electrical Inspector Historical Commission Agricultural Commission PUBLIC SAFETY Police & Dispatching 1,571,278 1,599,854 70,800 69,365 Emergency Management 1,566 1,566 2,290 2,790 Animal Control Officer 31,351 33,319 4,365 4,465 Forest Warden 1,762 1,762 6,980 5,980 Hazardous Waste Parking Ticket Dept 7,653 4,950 4,750

10 PERSONAL SERVICES OPERATING EXPENSES FY2015 FY2016 FY2015 FY2016 Approved Recommended Approved Recommended PUBLIC SERVICE Council on Aging 211, ,591 20,915 19,260 Veterans Services 13,500 16, , ,988 Memorial Day Remembrances Library 204, ,063 89,100 89,000 PUBLIC BUILDINGS Police Station 31,150 29,650 Registry of Deeds 1,500 1,500 Town Hall 43,250 29,550 Public Buildings/Property Maintenance 65,214 68, , ,540 Adams Memorial Building 23,400 26,400 Visitor s Center 55,192 6,122 21,365 21,265 PUBLIC WORKS Tree Warden/Insect Pest 19,500 19,500 Public Works Administration 135, ,363 2,525 2,825 Department of Public Works 1,311,642 1,192,194 Highways 92,650 86,650 Snow & Ice Control 231, ,000 Flood Control Building/Equipment Maintenance 187, ,500 Recycling Center 6,982 7,286 46,100 54,125 Wastewater 253, ,360 Wastewater Collection 5,400 5,400 Cemetery, Parks & Grounds 41,470 44,160 Recreation Program 14,000 14,000 Celebrations - Seasonal 2,200 2,200 PUBLIC HEALTH Board of Health 30,349 31,195 17,785 19,135 TOTALS 5,659,440 2,047,591 DEPARTMENT FROM AVAILABLE FUNDS AMOUNT Cemetery, Parks & Grounds Cemetery Perpetual Care Interest 5,000 Parking Department Parking Meter Fund 22,653 Council on Aging Council on Aging Fund 25,000

11 Article 6 CAPITAL OMNIBUS ARTICLES To see if the Town will vote to raise and appropriate, or appropriate from available funds, a sum or sums of money as may be necessary for the purchase, rebuilding and/or installation of certain departmental equipment; for the contracting for certain services; to pay interest and loans maturing during this period; for the repair, reconstruction and/or construction of streets, roadways, sidewalks, sewers, guard rails, retaining walls, buildings, and/or bridges within the Town; further, to authorize the trade-in of any presently owned equipment toward the purchase price thereof, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to raise and appropriate, and appropriate from available funds as noted, the amounts shown in the following schedule under the heading FY2016 Recommended for the purchase, rebuilding and/or installation of certain departmental equipment; for the contracting for certain services; for the repair, reconstruction and/or construction of streets, roadways, sidewalks, sewers, guard rails, retaining walls, buildings, and/or bridges with the Town: CAPITAL OUTLAY FY2015 FY2016 Organization Name Approved Recommended ADMINISTRATION AND FINANCE Technology 29,600 21,300 Debt Service 507, ,571 PUBLIC WORKS Building/Equipment Maintenance 68,200 48,200 Wastewater Treatment Plant 50,000 0 Total Recommendation 655, ,071 Organization From Available Funds Amount Technology Technology Fund 21,300 TECHNOLOGY TOTAL 21,300 Request is for the purchase of online permitting software 5,500 Request for two (2) heat controllers for Town Hall & Police 10,800 Station for enhanced computerized control of the HVAC Systems. Replacement of computers & monitors as needed 5,000 The three (3) above requests are appropriated from the Technology fund for no Impact to the Tax Rate. 10

12 DEBT SERVICE TOTAL 555,571 Principal - Maturing Debt Town Hall/ Police Station/Library Bond Issue This request represents the principal of Town Hall, Police Station & 190,000 Library borrowings, consolidated & refinanced for maximum savings Wastewater Treatment Plant This request represents the principal of the WWTP upgrade borrowing. 146,440 Tropical Storm Irene This request represents the principal of the third of five payments for 38,300 the Town s share of borrowing costs associated with TS Irene in Water Channel Improvements 70,000 This request represents the principal for the second part of the Capital Borrowing authorized by Town Meeting in FY2011 for Water Channel Improvements to the Flood Control System. TOTAL PRINCIPAL $ 444,740 Interest - Maturing Debt Town Hall/Police Station/Library Bond Issue This request represents the interest on the Town Hall/ Police Station/ 45,188 Library borrowings. Wastewater Treatment Plant This request represents the interest on the WWTP borrowing. 41,775 Tropical Storm Irene This request represents the interest on the TS Irene borrowing. 2,288 Water Channel Improvements 6,720 This request represents the interest for the second part of the Capital Borrowing authorized by Town Meeting in FY2011 for Water Channel Improvements to the Flood Control System. TOTAL INTEREST $ 95,971 Interest Temporary Loans BAN s; GAN s; TAN s; and related fees 14,860 Temporary borrowing can occur for the following reasons: anticipation of issuance of long term debt (Bond Anticipation Notes), receipt of grants (Grant Anticipation Notes), or if the Town needs money to meet its financial obligations and the tax bills have yet to be issued (Tax Anticipation Notes). This request also represents fees associated with various loans. PUBLIC WORKS TOTAL 48,200 Equipment Maintenance Mobil Sweeper - 5 year lease - payment 3 of 5 48,200 11

13 Article 7 CAPITAL INFRASTRUCTURE AND EQUIPMENT OUTLAY FROM FREE CASH To see if the Town will vote to appropriate from available funds, Free Cash, a sum or sums of money as may be necessary for the purchase, rebuilding and/or installation of certain departmental equipment; for the contracting for certain services; buildings within the Town; further, to authorize the trade-in of any presently owned equipment toward the purchase price thereof, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to appropriate from available funds, free cash, the amounts shown in the following schedule under the heading FY2016 Recommended for the purchase, rebuilding and/or installation of certain departmental equipment; for the contracting for certain services; for the repair, reconstruction and/or construction of buildings and/or grounds with the Town and further, RECOMMENDED that the Town vote to authorize the trade-in of any presently owned equipment toward the purchase price thereof, and further, RECOMMENDED that each item, and corresponding amount listed be considered a separate appropriation to be expended only for the purpose stated in the explanation of the request from available funds as noted; FY 2016 Recommended PUBLIC SAFETY Police Cruiser Replacement $ 36,000 Emergency Management Shelter 3,000 PUBLIC WORKS Replacement of one Pick-up Plow Truck 50,000 Master Plan for Russell Field 15,000 Mobile Equipment/mowers, trimmers, etc. 4,000 TOTAL RECOMMENDED $ 108,000 PUBLIC SAFETY TOTAL 39,000 Police Department This request is for replacement of one Police Cruiser 36,000 Emergency Management This request is for one Emergency Management Shelter 3,000 PUBLIC WORKS TOTAL 69,000 Building/Equipment Maintenance This request is for replacement of one Pick-up Plow Truck 50,000 Cemetery, Parks & Grounds This request is from the Parks Commission for a Park Master Plan 15,000 For Russell Field This request is for replacement of Mobile Equipment: Mowers, 4,000 Trimmers, etc. 12

14 Article 8 REGIONAL SCHOOL ASSESSMENT ARTICLES To see if the Town will vote to raise and appropriate, or appropriate from available funds, a sum or sums of money as may be necessary for the operating and capital assessments of the Adams- Cheshire Regional School District for the fiscal period beginning July 1, 2015 through June 30, 2016, or take any other action in relation thereto. FY2015 FY2016 Board of Selectmen Approved Recommended Adams-Cheshire 4,715,485 5,521,469 The above assessment consists of five parts: 1) State Department of Elementary & Secondary Education Minimum Municipal Contribution (Foundation Budget), $ 3,326,750 2) Additional Operating Assessment (above Foundation), 1,076,169 3) Other Expenditures (Non-foundation Budget-Transportation), 349,008 4) Capital Assessment (Capital Budget), 125,435 5) Capital Assessment HVHS Project Debt Exclusion 644,107 $ 5,521,469 The Total Adams-Cheshire Regional School District FY2016 budget is $19,106,529. The Finance Committee voted to RECOMMEND that the Town vote to accept the Adams- Cheshire Regional School District Budget and to raise and appropriate $5,521,469. Article 9 To see if the Town will vote to raise and appropriate, or appropriate from available funds, a sum or sums of money as may be necessary for the operating and capital assessments of the Northern Berkshire Vocational Regional School District for the fiscal period beginning July 1, 2015 through June 30, 2016, or take any other action in relation thereto. FY2015 FY2016 Approved Recommended McCann Vocational 718, ,446 The above assessment consists of three parts: 1) State Department of Elementary & Secondary Education Minimum Municipal Contribution (Foundation Budget), $ 672,499 2) Additional Operating Assessment (above Foundation), 40,520 3) Additional Operating Assessment (Non-Foundation-Transportation), 56,452 3) Capital Assessment (Capital Budget), $ 18,975 Total Northern Berkshire Vocational Regional School District Budget is $8,846,251. The Finance Committee voted to RECOMMEND that the Town vote to accept the Northern Berkshire Vocational Regional School District Budget and to raise and appropriate $788,

15 Article 10 TRANSFERS TO SPECIAL FUNDS To see if the Town will vote to appropriate from available funds, a sum of money to be used to lower the tax rate, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to appropriate from Free Cash the sum of $580,000 to be used to lower the Tax Rate. In order to hold the Tax Rate below the levy limit, and to eliminate the need for any override votes, it is proposed the $580,000 of Free Cash be utilized to offset some of this year s increase in the Tax Rate. Article 11 To see if the Town will vote to transfer from available funds a sum of money to be added to the Stabilization Fund, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to transfer the balance of the FY15 Reserve Fund, as of June 30, 2015, to the Stabilization Fund. The present balance is $43,108. This fund is intended to help stabilize the tax rate and fund large unanticipated expenses. Article 12 To see if the Town will vote to raise and appropriate or appropriate from available funds a sum of money to provide for extraordinary and/or unforeseen expenditures to be known as the Reserve Fund account, transfer from which may be made from time to time only by the Finance Committee, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to raise and appropriate the sum of $175,000 to be utilized by the Finance Committee for extraordinary and/or unforeseen expenditures to be known as the Reserve Fund Account, transfer from which may be made from time to time only by the Finance Committee. This is an annual item that allows the Town the flexibility to meet operational difficulties, through the Finance Committee, and will eliminate the expense of calling a Special Town Meeting. Request: $175,000 Article 13 To see if the Town will vote to raise and appropriate or appropriate from available funds a sum of money to pay unpaid bills of current or prior fiscal years, or take any other action in relation thereto. No Recommendation. At this time, there are no outstanding bills. Article 14 To see if the town will vote to appropriate from the Cemetery Investment Fund, the sum of $1,500, these funds will be used to reimburse the Cemetery Maintenance Account for emergency repairs made to the stone wall that separates the cemetery from Valley Street. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. 14

16 ANNUAL AUTHORIZATION ARTICLES Article 15 Article 16 Article 17 Article 18 Article 19 To see if the Town will vote to authorize its Board of Selectmen to apply for and receive funds from the Community Development Block Grant Program under the Housing and Community Development Act of 1974, as amended, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. This article will allow the Town to apply for and expend Community Development Block Grants. To see if the Town will vote to authorize its Board of Selectmen to apply for and receive funds from the United States Department of Agriculture under the Community Facilities Grant program, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. This article will allow the Town to apply for and expend Community Facilities Grants. To see if the Town will vote to accept certain perpetual care funds that were received during the period January 1, 2014 through December 31, 2014 for the care and maintenance of cemetery lots, such funds are in the custody of the Town Treasurer, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept certain perpetual care funds amounting to $4,120 that were received during the period January 1, 2014 through December 31, 2014 for the care and maintenance of the cemetery lots, such funds are in the custody of the Town Treasurer. This article will allow the Town to accept the $4,120 deposited with the Town for the care and maintenance of cemetery lots. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow in the event of a revenue shortfall to allow the Treasurer to borrow via Revenue Anticipation Notes (RAN s), Tax Anticipation Notes (TAN s), Federal Aid Anticipation Notes (FAAN s), Grant Anticipation Notes (GAN s), and State Aid Anticipation Notes (SAAN s), in an amount not to exceed the anticipated revenue shortfall, or take any action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. The law requires that the Town annually grant this authority to the Town Treasurer. To see if the Town will vote to authorize the establishment of various revolving funds in accordance with Section 53E½ of Chapter 44 of the General Laws, as amended, or take any other action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to authorize the following revolving funds in accordance with the applicable Chapters of the General Laws of Massachusetts, as follows: A) That may be spent by the Town Administrator, without further appropriation, during Fiscal Year 2016 to pay expenses and contractual services required for the preparation and issuance of bid and proposal specifications and packages. The Bid Specification Revolving Fund is to be credited with all fees and charges received during the fiscal year from vendors requesting bid and proposal specifications. Any amounts credited within three months of the close of the fiscal year will be transferred to the Fiscal 2016 Bid Specification Revolving Fund and the balance remaining in the Fund at the end of the year will be transferred to 15

17 the General Fund. The Town Administrator may spend $5,000 in revolving fund money for the program during Fiscal B) That may be spent by the DPW Director, without further appropriation, during Fiscal 2016 to pay expenses and contractual services required for the installation of individual sanitary sewers. The Sanitary Sewer Revolving Fund is to be credited with all charges received during the fiscal year from persons requesting connection to the sanitary sewer system. Any amounts credited within three months of the close of the fiscal year will be transferred to the Fiscal 2016 Sanitary Sewer Revolving Fund and the balance remaining in the Fund at the end of the year will be transferred to the General Fund. The DPW Director may spend $30,000 in revolving fund money for the program during Fiscal C) That may be spent by the Town Administrator without further appropriation, during Fiscal 2016 to pay expenses of promoting the Town of Adams. The Promotional Revolving Fund is to be credited with all monies received by to the Town from the sale of promotional items during the fiscal year. Any balance in the fund at the end of the fiscal year is to be transferred to the Fiscal 2016 Promotional Revolving Fund. The Town Administrator may spend up to $5,000 in revolving fund money for the program during Fiscal D) That may be spent by the Director of the Adams Free Library with the approval of the Board of Trustees of the Adams Free Library, without further appropriation, during Fiscal Year 2016 to replace Library lost materials. The Library Revolving Fund is to be credited with all fines and fees received during the fiscal year from Library patrons for damaging or failing to return borrowed materials and for the late return of borrowed materials. Any balance in the fund, not to exceed $7,000 is to be transferred to the Fiscal 2016 Library Revolving Fund and any balance in excess of $7,000 at the end of the year will be transferred to the General Fund. The Library Director, with the approval of the Library Trustees, may spend $7,000 in revolving fund money for the program during Fiscal E) That may be spent by the Director of Public Works with the approval of the Town Administrator without further appropriation during Fiscal Year 2016 to pay the expenses of operating the Adams Recycling Center. The Recycling Center Revolving Fund is to be credited with all income and fees received from operation of the Adams Recycling Center during Fiscal Year The Town Administrator may spend up to $1,000 during Fiscal Year Any balance in the fund at the end of the fiscal year will be transferred to the General Fund. F) That may be spent by the Director of Community Development with the approval of the Town Administrator without further appropriation during Fiscal Year 2016 to reimburse Plumbing, Electrical and Gas Inspectors. The Inspection Services Fund is to be credited with all Plumbing, Electrical and Gas permit fees received by the Town. Up to $25,000 may be spent from this fund during Fiscal Year And further to authorize under Section 53D, Chapter 44 of the General Laws: G) That may be spent by the Director of Public Works with the approval of the Town Administrator without further appropriation during Fiscal Year 2016 to pay expenses, electricity, supplies and contractual services required for the care, maintenance and upkeep of any recreational field or park. The Parks and Recreation Revolving Fund is to be credited with all fees charged for use of Recreational fields and parks during Fiscal Any amounts credited within three months of the close of the fiscal year will be transferred to the Fiscal 2016 Parks and Recreation Revolving Fund and the balance remaining in the Fund at the end of the year will be transferred to the General Fund. Up to $5,000 may be spent in revolving fund money during Fiscal Year

18 BY-LAW AMENDMENTS Article 20 To see if the Town will vote to amend the Compensation Plan as established by Section 10-5 of the Town of Adams Code of Laws or take any other action in relation thereto. The Finance Committee voted to RECOMMEND Article 20, amending Section 10-5 of the Town of Adams Code of Laws: Compensation Plan. 17

19 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 SPECIAL ARTICLES To see if the Town will appropriate $85,000 from free cash to perform a ten (10) year revaluation of the properties in the Town of Adams or take any action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to appropriate $85,000 from free cash and to accept this article as written. To see if the Town will reimburse the Adams Retirement Fund $30,402.94, from Free Cash, for expenses and back taxes incurred by the Adams Retirement System in accordance with Massachusetts General Law Chapter 32 22(5) and 22(7)(c) or take any action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to appropriate $30, from free cash and to accept this article as written. To see if the Town will vote to establish an Other Post Employee Benefit (OPEB) Trust Fund in accordance with Massachusetts General Law Chapter 32B, 20, which provides for the establishment of such fund, or take any action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. To see if the Town will increase the Local Option Room Occupancy Tax percentage collected by the Town of Adams under Massachusetts General Law Chapter 64G 3a from 2 % to 6% or take any action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. To see if the Town will vote to establish an Economic Development Fund, in accordance with Massachusetts General Law Chapter for expenses which are reasonably calculated to support economic development within the Town of Adams, including but not limited to activities and programs concerned with skills training and education consistent with employment need, capital formation, tourist promotion, and industrial promotion and development, or take any action in relations thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. To see if the Town will vote to accept Massachusetts General Law Chapter 64L, 2 authorizing the imposition of a local sales tax upon the sale of restaurant meals in the statutory amount of.75% on meals originating within the Town of Adams with funds collected to be allocated into the Economic Development Fund or take any other action relative thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. To see if the Town of Adams will accept a Payment in Lieu of Taxes (PILOT) Agreement with Clean Energy Collective or its assigned, for the Solar Project at 215 East Road Adams, a copy of which is on file with the Town Clerk, in accordance with MassachusettsGeneral Law Chapter 59, 38H(b), and the regulations and requirements of the Massachusetts Department of Revenue adopted in connection therewith, with funds collected to be allocated into the Economic Development Fund or take any action in relation thereto The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. 18

20 Article 28 To see if the Town of Adams will vote to enact Article V through of the Town of Adams General Bylaws, entitled Stretch Energy Code for the purpose of regulating the design and construction of buildings for the effective use of energy, pursuant to Appendix 115. AA of the Massachusetts Building Code, 780 CMR, the Stretch Energy Code, including future editions, amendments or modifications thereto, a copy of which is on file with the Town Clerk, or take any other action relative thereto. Stretch Energy Code Article V to Definitions Purpose Applicability Stretch Code Definitions International Energy Conservation Code (IECC) - The International Energy Conservation Code (IECC) is a building energy code created by the International Code Council. It is a model code adopted by many state and municipal governments in the United States for the establishment of minimum design and construction requirements for energy efficiency, and is updated on a three-year cycle. The baseline energy conservation requirements of the MA State Building Code are the IECC with Massachusetts amendments, as approved by the Board of Building Regulations and Standards. Stretch Energy Code - Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA of the 8th edition Massachusetts building code, the Stretch Energy Code is an appendix to the Massachusetts building August 2013 code, based on further amendments to the International Energy Conservation Code (IECC) to improve the energy efficiency of buildings built to this code Purpose The purpose of 780 CMR 115.AA is to provide a more energy efficient alternative to the Base Energy Code applicable to the relevant sections of the building code for both new construction and existing buildings Applicability This code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 13, 34, 51, as applicable Stretch Code The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA, including any future editions, amendments or modifications, is herein incorporated by reference into the Town of Adams General Bylaws, Chapter 22. The Stretch Code is enforceable by the inspector of buildings or building commissioner. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. Article 29 To see if the Town of Adams will buy $30,000 in student computers for the Adams-Cheshire Regional School District from free cash or take any action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to appropriate $30,000 from free cash and to accept this article as written. Article 30 To see if the Town of Adams will vote that the balance of the unused funds, $16,500, appropriated in Article 7 of the Fiscal Year 2014 Annual Town Meeting, formerly for repairs to Town Hall, be transferred for repairs to the Adams Visitors Center or take any action in relation thereto. The Finance Committee voted to RECOMMEND that the Town vote to accept this article as written. 19

21 CITIZENS PETITIONS Article 31 To see if the Town of Adams will enact the following proposed bylaw, printed entirely below TITLE: A green bylaw eliminating the use of single-use plastic bags in retail sales, and requiring the use of reusable bags and/or recyclable paper bags as checkout bags to customers for retails sales, and further requiring that all food and beverage grocery bags shall use only reusable bags, while allowing plastic bags to carry vegetables, fruits, meat, or bulk food product from a vegetable, fruit, bulk food or meat department within a store to the point of sale. SECTION 1, PURPOSE: This bylaw is enacted pursuant to the general police power in order to protect the health, safety and welfare of the inhabitants of the town of Adams. SECTION 2, EFFECTIVE DATE: This bylaw shall take effect on January 1, SECTION 3, FINDINGS: Globally, the production and use of plastic bags has significant environmental impacts each year, including the use of over 12 million barrels of oil. Each year, an estimated 500 billion to 1 trillion plastic bags are used worldwide, which is over one million bags per minute, many of which end up as litter each year. These bags last hundreds of years in landfills and are a potential source of harmful chemicals when they do break down. Most plastic carry-out bags do not biodegrade, but instead photo-degrade, which means that the bags break down into smaller and smaller toxic bits that enter the food web when animals mistake those materials for food. Plastic bags are costly, environmentally damaging, and easily preventable sources of litter and pollution. Light and aerodynamic, plastic bags can become airborne even when properly disposed of; bags photodegrade and disintegrate into particles, littering our urban landscape and posing a serious threat to the riparian and marine environments and wildlife. Even when they are no longer obvious to the naked eye, plastic degrades into tiny particles that adsorb toxins and contaminate our food chain as well as water and soil. Polyethylene plastic bags represent an unnecessary use of a nonrenewable resource. Reusable carryout bags represent the sustainable alternative to single use bags of all types. Alternatives to plastic bags are readily available and include reusable cloth bags and recyclable paper bags. Retail establishments could do more to better the environment by encourage customers to use reusable bags, making single-use plastic unnecessary. Plastic shopping bags create significant litter problems in our town s neighborhoods and also its streets, parks, creeks and open space lands. Non-biodegradable plastic bags often are discarded into the environment and end up polluting our waterways, clogging sewers, endangering marine life and causing unsightly litter. Reusable carryout bags are considered worldwide to be the best option to reduce waste and 20

22 litter, protect wildlife, and conserve resources. Reusable bags have lower associated greenhouse gas emissions than single use bags and are readily available and affordable for the consumer. We recognize a duty to protect the natural environment, the economy, and the health of our citizens. It is the intent to reduce the negative impacts of polyethylene plastic carryout bags and encourage the use of reusable carryout bags through the implementation of this bylaw. As far as environmental degradation and preservation of natural resources is concerned, a bag designed for multiple uses is preferable over a recyclable, single use paper bag. We are cutting down trees at an alarming rate, and there is still an environmental impact of recyclable paper bags. We as a town encourage the use of reusable bags in all retail sales as being the most ecofriendly, even over recyclable paper bags. We find that a recyclable paper bag that contains no old growth fiber and is 100% recyclable overall and contains a minimum of 40% post-consumer recycled content is more environmentally friendly than a plastic grocery bag. We also recognize that food and beverage grocery bags of food and beverages are highly susceptible to the use of reusable bags without great inconvenience or cost to merchant or customer. However, for retails sales not involving the sale of food or beverages prepared on the premises, the town will also accept check out bags that are made of recyclable paper, as long as the bags are sold for 25 cents. Since all customers can opt to use reusable bags, their own handbags or knapsacks, hand-carry, or use manufacturer s boxes at retail establishments which is preferable to single use recyclable paper bags, the 25 cent surcharge will incentive the use of these alternatives, while still using single-use recyclable paper bags. Most of the people that live in the town travel by motor vehicle. It is anticipated, over the course of time, residents will develop the habit of keeping reusable checkout bags in their motor vehicle for purchases. Those using other means of transportation to get to retail establishments over the course of time will develop the habit of bringing recyclable bags. Many tourists might already have recyclable bags in their motor vehicles. Many non-residents who purchase reusable bags may be encouraged to use reusable bags in their home communities. Single-use plastic bags have been banned in communities throughout the United States. SECTION 4, DEFINITIONS: CHECKOUT BAG means a carryout bag that is provided to a customer at the point of sale. A bag without handles intended by the manufacturer to carry vegetables, fruits, meat, or bulk food product from a vegetable, fruit, bulk food or meat department within a store to the point of sale shall not be a checkout bag. The Board of Health shall have final say as to what is or is not a checkout bag. FOOD AND BEVERAGE GROCERY CHECKOUT BAG means a type of checkout bag that carries (in whole or part) food or beverages, wherein the food or beverage was not 21

23 substantially prepared on premises, wherein further the food or beverage is to be consumed off premises. A bag without handles intended by the manufacturer to carry vegetables, fruits, meat, or bulk food product from a vegetable, fruit, bulk food or meat department within a store to the point of sale shall not be a food and beverage grocery bag. A checkout bag is not a food and beverage grocery bag if the checkout bag does not contain (in whole or part) food or beverages, wherein the food or beverage was not substantially prepared on premises, wherein further the food or beverage is to be consumed off premises The Board of Health shall have final say as to what is or is not a food and beverage grocery bag. RETAIL ESTABLISHMENT means any commercial establishment that sells perishable or nonperishable goods for use off premises including, but not limited to, clothing, food, and personal items which are to be directly used by the customer. The Board of Health shall have final say as to what is or is not a retail establishment. RETAIL SALES means the transfer to a customer of goods in exchange for payment occurring in a retail establishment. The term retail sales does not include sales of goods at yard sales, tag sales, other sales by residents at their home, and sales by not-for-profit organizations. The Board of Health shall have final say as to what is or is not retail sales. RECYCLABLE PAPER BAG means a paper bag that should have the following characteristics: 1. contains no old growth fiber; and 2. is 100% recyclable overall and contains a minimum of 40% post-consumer recycled content; and 3. displays the words Reusable and Recyclable on the outside of the bag. The Board of Health shall have final say as to what is or is not a recyclable paper bag. REUSABLE BAG means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: 1. has a minimum lifetime of 125 uses, which for purposes of this bylaw means the capability of carrying a minimum of 22 pounds, 125 times over a distance of at least 175 feet; and 2. has a minimum volume of 15 liters; and 3. is machine washable or is made of a material that can be cleaned or disinfected; and 4. if made of plastic, is a minimum of at least 2.25 mils thickness. The Board of Health shall have final say as to what is or is not a reusable bag. MANUFACTURER S CARDBOARD BOX means a cardboard box in which goods were shipped, where the box was designed primarily for shipment by the manufacturer of the cardboard box for multiple sales units of the good. The Board of Health shall have final say as to what is or is not a manufacturer s cardboard box. SECTION 5, PROHIBITION: A. RETAIL SALES, NON-GROCERIES: Any person engaged in retail sales shall provide only reusable bags and/or recyclable paper bags as checkout bags to customers. Checkout bags that are recyclable paper bags shall be sold for a cost of 25 cents and shall not be distributed free of charge. 22

24 B. RETAIL SALES, GROCERIES: Any person engaged in retail sales wherein the checkout bags are food and beverage grocery bags, shall only use checkout bags that are reusable bags. Checkout bags that are food and beverage grocery bags shall not be a recyclable paper bag unless the recyclable paper bag also qualifies as a reusable bag. C. SELLING REUSABLE BAGS NOT PROHIBITTED: Nothing in this section shall preclude persons engaged in retail sales from making reusable bags available for sale to customers. D. USE OF MANUFACTURER S CARDBOAD BOX TO CARRY ITEMS OUT NOT PROBITED: Nothing in this section shall preclude persons engaged in retail sales from reusing a manufacturer s cardboard box or otherwise making the manufacturer s cardboard box available to the customer for use in carrying out goods. SECTION 6, DEFERMENTS: A. Upon written application, the Board of Health, after a public hearing, may defer application of this bylaw for a retail establishment for a one year period, upon a showing by the retail establishment that the conditions of this bylaw would cause undue hardship. For purposes of this bylaw, an undue hardship is a situation unique to the retail establishment where there are no reasonable alternatives to the use of reusable bags and/or recyclable paper bags as checkout bags for retail sales not involving food or beverages not prepared on premise, and compliance with this bylaw would cause significant economic hardship to that retail establishment. For purposes of this bylaw, an undue hardship is also a situation unique to the retail establishment where there are no reasonable alternatives to the use of reusable bags as food and beverage grocery checkout bags, and compliance with this bylaw would cause significant economic hardship to that retail establishment. B. A retail establishment granted a deferment by the Town must reapply prior to the end of the one year exemption period and demonstrate continued undue hardship, if it wishes to have the deferment extended. Deferments may only be granted for intervals not to exceed one year. C. A deferment granted in accordance with this Section may be extended for no more than one additional one year period, upon written application to the Board of Health at least two months prior to the expiration of the first deferment period and upon a showing that the circumstances justifying the deferment continue to exist. D. A deferment application shall include all information necessary for the Town to make its decision, including, but not limited to, documentation showing the factual support for the claimed deferment. The Board of Health may require the applicant to provide additional information to permit it to determine facts regarding the deferment application. E. The Board of Health may approve the deferment application, in whole or in part, with or without conditions that it deems necessary to protect the public health and further the interests of this bylaw. F. Deferment decisions are effective immediately and final. 23

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