Greenfield Town Council006b65a.netsolhost.com/CouncilPacket051717.doc · Web viewlegislative $70,248 executive $250,448 financial admin $912,546 operations support $757,717 licensing

Greenfield Town Council May 17, 2017

181st Regular Meeting 7:00 p.m.

GCTV-15, 393 Main Street AGENDA

1. Call to OrderCHAIRS STATEMENT: This meeting is being recorded, videotaped and broadcasted. If any other persons present are doing the same you must notify the chairperson at this time.

2. Roll Call of Members

3. Pledge of Allegiance (voluntary)

4. Approve the April 19, 2017 Town Council meeting minutes (Pg. 3)

5. Public Comment

6. Public Hearing(s) and Second Reading(s): Second Reading (Pg. 15)o Mayor's Proposed Fiscal Year 2018 Operating Budget -

$48,650,502

2. Communications from Mayor, Town Officers and Employees

3. Communications from Superintendent of Schools and School Committee

4. Motions, Orders, and ResolutionsI. Fiscal Year 2018 General Fund Budget (Pg. 16)

II. Fiscal Year 2018 Sewer Enterprise Budget (Pg. 23)III. Fiscal Year 2018 Water Enterprise Budget (Pg. 26)IV. Fiscal Year 2018 Revolving Funds (Pg. 30)V. Zoning Amendment Section 200-2. 1 terms and words of the

zoning ordinance by amending the definition of “farm, poultry” (Pg. 35)

VI. Zoning Amendment Section 200-6.11. driveways and entrances (Pg. 36)

VII. Zoning Amendment Section 200-8.1. enforcement of the zoning ordinance requiring a certificate of occupancy by adding a new subsection 5 (Pg. 37)

VIII. Zoning Amendment Section 200-8.4(f) of the zoning ordinance to require as-built plans for all approved projects by adding a new subsection f(3) (Pg. 38)

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IX. Zoning Amendment Section 200-8.4(g) of the zoning ordinance (Pg. 39)

X. Zoning Amendment Section 200-7.17 medical marijuana dispensaries/treatment centers of the zoning ordinance by amending the title of this section to read “medical marijuana dispensaries” and revising the same throughout section 200-7.17 (Pg. 40)

XI. Zoning Amendment Section 200-8.4, subsection c2 of the zoning ordinance by changing building inspector to inspector of buildings and by adding the board of health (Pg. 44)

XII. Zoning Amendment New Section – Recreational Marijuana Moratorium (Pg. 45)

XIII. Ordinance Establishing a Civil Rights Officer (Pg. 47)XIV. Remote Participation – opt out (Pg. 48)XV. Disestablish the Elected and Appointed Official

Compensation Advisory Board(Pg. 53)

5. Presentation of Petitions and Similar Papers

6. Report of Committees

7. Unfinished Business

8. Old Business

9. New Business First Reading (Pg. 55) o Appropriate $ 300,000 from available funds for the

acquisition and construction of the new DPW Modular Office building

10. Motions for Reconsideration

11. Adjournment

EXECUTIVE SESSION MAY BE CALLED

*Please note that the list of topics was comprehensive at the time of posting, however, the public body may consider and take action on

unforeseen matters not specifically named in this notice.

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GREENFIELD TOWN COUNCILRegular Meeting Minutes

April 19, 2017GCTV-15, 393 Main Street 7:00 pm CALL TO ORDER: Meeting was called to order at 7:00 p.m. by President Allis.President Allis stated this meeting was being recorded. If any other person present was doing the same, they must notify the chairperson at this time. It was noted the Town Council was audio recording and GCTV-15 was video recording the meeting for future broadcast. ROLL CALL OF MEMBERS: Roll Call was taken. Councilor Ricketts arrived at

7:04. ALSO PRESENT: Mayor William Martin; Town Clerk Deborah J. Tuttle; Director of Municipal Finance and Administration Marjorie Lane Kelly; Town Accountant Elizabeth Braccia; Greenfield School Superintendent Jordana Harper; School Committee member Adrienne Nunez; DPW Director Donald Ouellette; GCET Director Daniel Kelly; GCTV-15 staff; Aviva Luttrell, the Recorder; and members of the public.

The Pledge of Allegiance was held.

ACCEPTANCE OF MINUTES: On a motion by Councilor Burge, second by Councilor Mass, it was unanimously,VOTED: TO ACCEPT THE TOWN COUNCIL MINUTES OF MARCH 15, 2017.

PUBLIC COMMENT: None.

PUBLIC HEARINGS: Councilor Stempel read the following Public Hearing notices: PUBLIC HEARINGIn accordance with Home Rule Charter, the Greenfield Town Council will hold a public hearing on Wed., April 19, 2017 at 7:00 p.m. at GCTV-15, 393 Main St. to receive public input on the following:

Reserve Fund Transfer the Smith Vocational Tuition in the amount of $34,000

$ 60,724 be appropriated from the General Stabilization fund for debt $ 9,941 be appropriated from Free Cash to FRCOG Inspection Program Abandonment of Lenox Avenue

The Town Council will consider the same on Wed., April 19, 2017, at 7:00 p.m. at GCTV-15 Studio, 393 Main St. Materials can be obtained from the Town Clerk’s Office, 14 Court Sq. from 8:30 a.m.-5:00 p.m., Mon. - Fri. or phone 413-772-1555, x. 6163.Brickett Allis, Greenfield Town Council President

PUBLIC HEARINGIn accordance with the Home Rule Charter, the Greenfield Town Council will hold a public hearing on Wed., April 19, 2017, at 6:00 p.m. at GCTV-15, 393 Main St.: to consider the following: MAYOR'S PROPOSED FISCAL YEAR 2018 OPERATING BUDGET

MAYOR'S 3

PROPOSED

CATEGORYFY 18 BUDGET

LEGISLATIVE $70,248EXECUTIVE $250,448FINANCIAL ADMIN $912,546OPERATIONS SUPPORT $757,717LICENSING & REGISTRATION $210,073LAND USE & DEVELOPMENT $116,218OTHER GEN'L GOVERNMENT $1,678,491PUBLIC SAFETY $6,449,580

EDUCATION$19,518,023

PUBLIC WORKS $2,501,460

HUMAN SERVICES $917,144CULTURE & RECREATION $813,258DEBT SERVICE $2,323,834

MISCELLANEOUS$12,131,462

TOTAL OPERATING BUDGET

$48,650,502

The Town Council will consider the same on Wed., May 17, 2017 at 7:00 p.m. at GCTV-15 Studio, 393 Main Street. Materials can be obtained from the Town Clerk’s Office, 14 Court Sq. from 8:30 a.m.-5:00 p.m., Mon. - Fri. or phone 413-772-1555, xt. 6163. Brickett Allis, President

Greenfield Town Council

Councilor Stempel held the following second reading: Reserve Fund Transfer the Smith Vocational Tuition in the amount of

$34,000 $ 60,724 be appropriated from the General Stabilization fund for debt $ 9,941 be appropriated from Free Cash to FRCOG Inspection Program

President Allis opened the Public Hearing at 7:08 pm and asked if anyone from the public wished to speak regarding the Public Hearing items. Seeing no one he stated the hearing would remain open.

COMMUNICATIONS:

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MAYOR: Mayor Martin and Greenfield Community Energy & Technology (GCET) Director Daniel Kelly spoke regarding GCET. Mayor Martin spoke of it’s history to date; marketing is set to begin; and all proprietary information would need to be discussed in Executive Session. Mr. Kelly stated the following:

Next week 50% of the fiber would be built out. The following week the town would have 300 points of access. The main brain center, called a point of presence, was being installed. GCET still has 2.2 million dollars in the bank partially due to wonderful

negotiating during construction. Public Relations campaign will be launched May 1st and shortly after

signups and installations would begin. GCET currently has twelve employees.

Mr. Kelly responded to question from the Town Council by stating: GCET was building the network out from it’s central location at Town Hall.

It was expected to reach the outer sections of town by the end of the year. There is a lot of activity due to GCET being new competition. GCET will be exempt from some fees with a superior product. The City took out a five million dollar bond in GCET’s name which GCET

was obligated to pay debt service on. GCET will have no problems paying this. The first two payments are very low.

10 months after being operational, GCET will be in a positive cash flow position. Current expectations are to be operational sometime in May 2017.

GCET has been using capital to support operating expenses. Not concerned with cash flow. Long-term and regionalization has been planned for since day one. The

network was engineered to assist surrounding communities to access internet.

Private meetings have been held with the Lieutenant Governor and Massachusetts Broadband Institute (MBI) discussing regionalization.

Mayor Martin reviewed the MBI program which would provide some funding for communities to use for engineering and design and construction to access internet. GCET had been asked to participate and may be able to assist these communities. The State was looking for a Regional Network Operator; GCET has been working with other towns to see what options could be provided. This puts Greenfield in a good position to help other Franklin County towns.

Additional comments included: It is important to remember that GCET was competing against multimillion

dollar companies.. GCET was a not for profit operation with fixed operating expenses. The

price schedule is based on the ability to support the fixed operating expenses and being cash flow positive within ten months of being operational.

The purpose was to serve residents and businesses. GCET’s intent was to make the product as cost effective as possible and

give best service, that’s what we mean by community owned.

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Financial restrictions on Massachusetts MLP’s. Redundancies built into the system to ensure coverage and minimize

outages. Reviewed the request by GCET to the School Administration to install a

substation at the Conway Street School. Still looking to hire a network engineer. Special Legislation, House Bill 2705, had been filed by Representative Mark

to create a Board to oversee GCET.

Mayor Martin spoke of the following: A thank you letter received from the Town of Conway for the assistance

given to them by the Greenfield Fire Department after their recent tornado. Forwarding a request from Vice-President Mass to the Planning and

Construction Committee to look into the dredging of Highland Pond. Currently nonfunctioning lights at the intersection of Conway and Allen

Street. Agent Orange Town Hall Meeting for Vietnam Veterans, Saturday, April 22,

2017, 12:00 pm - 4:00 pm, Greenfield Community College, Main Building, Dinning Commons, 1 College Dr., Greenfield, MA.

SCHOOL SUPERINTENDENT AND SCHOOL COMMITTEE: Superintendent Harper spoke of the following:

2017 April School Vacation. Greenfield High School Wind Ensemble won Silver in the MICA competition. A recent African Drum performance. Honor Roll Live was held and televised from Greenfield High School. There would be a final transition meeting for the Math & Science Academy. The Academy of Early learning was almost full. The incoming kindergarten class had well over 100 students. Spoke of why students and parents should choose Greenfield over other

school districts. Continuing aspects related to the Town Council meetings being held at

Greenfield High School. Information would be forthcoming regarding yearly budget items.

President Allis asked if anyone wished to speak at the Public Hearing, seeing none he closed the Public Hearing at 8:17 pm.

TOWN OFFICERS: None.

MOTIONS, ORDERS, AND RESOLUTIONSOrder no. FY 17-120MOTION: On a motion by Councilor Stempel, second by Councilor Mass, it was unanimously,VOTED: THAT IT BE ORDERED, THAT THE GREENFIELD TOWN COUNCIL TAKE FROM THE TABLE ORDER NO. FY 17-090, FINANCIAL ORDER 17-37 “THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR, THAT THE SUM OF $200,000 BE APPROPRIATED FOR THE DREDGING OF THE

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LEYDEN GLEN RESERVOIR AND TO MEET SAID APPROPRIATION, THE TREASURER WITH THE APPROVAL OF THE MAYOR, IS HEREBY AUTHORIZED TO BORROW SAID SUM OF $200,000, PURSUANT TO MASSACHUSETTS GENERAL LAWS, CHAPTER 44, SECTION 8 (4A) OR ANY OTHER ENABLING STATUTE, AND THE MAYOR IS HEREBY AUTHORIZED TO APPLY FOR, CONTRACT FOR, ACCEPT AND EXPEND ANY FEDERAL AND/OR STATE GRANTS AVAILABLE FOR THIS PROJECT TO BE USED TO REDUCE THE WITHIN APPROPRIATION, AND FURTHER, THE MAYOR IS AUTHORIZED TO TAKE ANY ACTION NECESSARY TO CARRY OUT THE INTENT AND PURPOSE OF THESE PROJECTS” WHICH WAS TABLED AT THE MARCH 15, 2017 TOWN COUNCIL MEETING.

President Allis stated order No. FY17-90, Financial Order 17-37 was now on the table for discussion. Councilor Stempel stated the Ways and Means Committee forwarded a unanimous positive recommendation for approval. She thanked the DPW for the information provided.

Order no. FY 17-090Financial 17-37It was unanimously, VOTED: THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR, THAT THE SUM OF $200,000 BE APPROPRIATED FOR THE DREDGING OF THE LEYDEN GLEN RESERVOIR AND TO MEET SAID APPROPRIATION, THE TREASURER WITH THE APPROVAL OF THE MAYOR, IS HEREBY AUTHORIZED TO BORROW SAID SUM OF $200,000, PURSUANT TO MASSACHUSETTS GENERAL LAWS, CHAPTER 44, SECTION 8 (4A) OR ANY OTHER ENABLING STATUTE, AND THE MAYOR IS HEREBY AUTHORIZED TO APPLY FOR, CONTRACT FOR, ACCEPT AND EXPEND ANY FEDERAL AND/OR STATE GRANTS AVAILABLE FOR THIS PROJECT TO BE USED TO REDUCE THE WITHIN APPROPRIATION, AND FURTHER, THE MAYOR IS AUTHORIZED TO TAKE ANY ACTION NECESSARY TO CARRY OUT THE INTENT AND PURPOSE OF THESE PROJECTS.

Order no. FY 17-105MOTION: On a motion by Councilor Mass, second by Councilor Maloni, it was,MOVED: THAT IT BE ORDERED, THAT THE GREENFIELD TOWN COUNCIL PURSUANT TO CHARTER SECTION 2-10, ACCEPTS THE FOLLOWING APPOINTMENT BY THE MAYOR TO THE SUSTAINABILITY COMMITTEE: JAY LORD – REMAINDER OF A THREE YEAR TERM TO EXPIRE, JUNE 30, 2018 (TO FILL THE VACANCY LEFT BY THE RESIGNATION OF WILLIAM PRICE).

DISCUSSION: Councilor Mass stated the Appointment and Ordinance Committee forwarded a unanimous positive recommendation. President Allis approved a friendly amendment by Councilor Maloni to change the name of the Committee to the Sustainable Greenfield Implementations Committee.

It was unanimously, VOTED: TO APPROVE ORDER NO. FY 17 -105.

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Order no. FY 17-100Financial Order 17- MOTION: On a motion by Councilor Stempel, second by Councilor Renaud, it was,MOVED: THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR AND IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS, THAT IT BE ORDERED, THAT THE GREENFIELD TOWN COUNCIL APPROVES THE ATTACHED RESERVE FUND TRANSFER THE SMITH VOCATIONAL TUITION TO BE TRANSFERRED INTO ACCOUNT NUMBER 01003990.5652 IN THE AMOUNT OF $34,000.

DISCUSSION: Councilor Stempel noted the Ways and Means Committee forwarded a unanimous positive recommendation.

It was unanimously, VOTED: TO APPROVE ORDER NO. FY 17 -100, Financial Order 17-.

Order no. FY 17-101Financial Order 17-1MOTION: On a motion by Councilor Stempel, second by Councilor Mass, it was,MOVED: THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR AND IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS, THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR AND IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAW, THAT $60,724 BE APPROPRIATED FROM THE GENERAL STABILIZATION FUND FOR THE FOLLOWING PURPOSES AND AMOUNTS:

DESCRIPTION ACCOUNT AMOUNT

Multi-Purpose loan Debt 1999 01007100.5999 $ 55,000Multi-Purpose loan Interest 1999 01007510.5999 $ 5,724

TOTAL $ 60,724

DISCUSSION: Councilor Stempel noted the Ways and Means Committee forwarded a unanimous negative recommendation because funds were located elsewhere and the request was no longer needed.

It was unanimously, DEFEATED: TO APPROVE ORDER NO. FY 17 -101, Financial Order 17-.

Order no. FY 17-102Financial Order 17-MOTION: On a motion by Councilor Stempel, second by Councilor Renaud, it was,MOVED: THAT IT BE ORDERED UPON RECOMMENDATION OF THE MAYOR AND IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS, THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR AND IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAW, THE SUM OF $9,941 BE

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APPROPRIATED FROM FREE CASH TO FRCOG INSPECTION PROGRAM: ACCOUNT 01002460.5200.



Order no. FY 17-106Financial Order 17-MOTION: On a motion by Councilor Stempel, second by Councilor Mass, it was,MOVED: THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR AND IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS, THAT THE GREENFIELD TOWN COUNCIL APPROVES THE FOLLOWING REPURPOSING OF PREVIOUSLY AUTHORIZED FOR PURCHASE OF EMERGENCY LEAD AND COPPER ABATEMENT PROGRAM FOR SCHOOLS IN THE AMOUNT OF $5,008.04.DESCRIPTION ACCOUNT AMOUNTElem School Windows 40073980.5820 $ 2,431.45Middle School Roof 40123980.5824 $ 2,576.59

TOTAL $ 5,008.04



Order no. FY 17-116MOTION: On a motion by Councilor Leonovich, second by Councilor Renaud, it was,MOVED: THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR, TO DISCONTINUE AND ABANDON, IN ACCORDANCE WITH MGL CH. 82, §21 AND ANY OTHER ENABLING STATUTE, A PORTION OF THE ROAD FORMERLY KNOWN AS “LENOX AVENUE”, AS SHOWN ON A PLAN ATTACHED HERETO (PARCELS A&B) AND DESCRIBED IN EXHIBIT A AND FURTHER AUTHORIZES THE MAYOR AND THE TREASURER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCOMPLISH THE SAME.

DISCUSSION: Councilor Leonovich noted the Economic Development Committee forwarded a unanimous positive recommendation. The former road was no longer needed to access Greenfield High School and had already been removed and grass planted in its place.


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Order no. FY 17-107MOTION: On a motion by Councilor Leonovich, second by Councilor Ricketts, it was,MOVED: THAT IT BE ORDERED, UPON RECOMMENDATION OF THE MAYOR, THAT THE TOWN COUNCIL, PURSUANT TO M.G.L. CH. 40 AND MASSACHUSETTS LAW HEREBY AUTHORIZES THE MAYOR TO RELOCATE, GRANT, EXECUTE AND DELIVER AN EASEMENT AND RIGHT OF WAY TO VERIZON AND EVERSOURCE TO INSTALL AND MAINTAIN AN “OVERHEAD SYSTEM” OVER CITY OWNED LAND ON NASH’S MILL ROAD AS SHOWN ON THE ATTACHED DRAWING AND DESCRIBED IN THE ATTACHED DOCUMENT.

DISCUSSION: Councilor Leonovich noted the Economic Development Committee forwarded a unanimous positive recommendation.


Order no. FY 17-123MOTION: On a motion by Councilor Mass, second by Councilor Maloni, it was,MOVED: THAT IT BE ORDERED, THAT THE GREENFIELD TOWN COUNCIL VOTE TO “OPT OUT” OF REMOTE PARTICIPATION AUTHORIZED BY EXECUTIVE ORDER OF THE MAYOR DATED SEPTEMBER 1, 2015.

DISCUSSION: Councilor Mass stated the Appointment and Ordinance Committee forwarded a unanimous positive recommendation. He spoke of a conversation held with the State regulating authority which stated that absent anything else to the contrary, they believed the Town Council had the authority to opt out of Remote Participation. Comments included:

Remote Participation was accommodating for those who travel frequently for work.

The world was becoming increasingly mobile. The Town Council could always vote to opt back in to Remote Participation. If more frequently utilized the process would become easier. Opt out for now and allow again when we have proper technology. Everyone at the meeting must be able to clearly hear the conversation from

the remote participant, the board, and the audience. This was not on the Appointment and Ordinance Committee agenda. The

public was not aware if they chose to comment.

MOTION: On a motion by Councilor Mass, second by Councilor Maloni, it was unanimously,VOTED: TO REFER THE ORDER BACK TO COMMITTEE FOR FURTHER REVIEW: ORDER NO. FY 17-123, THAT IT BE ORDERED, THAT THE GREENFIELD TOWN COUNCIL VOTE TO “OPT OUT” OF REMOTE PARTICIPATION AUTHORIZED BY EXECUTIVE ORDER OF THE MAYOR DATED SEPTEMBER 1, 2015.

Order no. FY 17-12210

MOTION: On a motion by Councilor Mass, second by Councilor Renaud, it was,MOVED: THAT IT BE ORDERED, THAT IT BE ORDERED THAT THE GREENFIELD TOWN COUNCIL AMEND THE TOWN COUNCIL RULES OF PROCEDURE § 1261-2. RULE 2, MEETINGS. A. REGULAR MEETINGS BY STRIKING “GCTV-15 STUDIO, 393 MAIN STREET” AND INSERTING “GREENFIELD HIGH SCHOOL, 21 BARR AVENUE,” TO READ AS FOLLOWS: § 1261-2. Rule 2, Meetings.A. REGULAR MEETINGS

Regular meetings of the Town Council shall be held at the Greenfield High School, 21 Barr Avenue, GCTV-15 Studio, 393 Main Street or, if agreed by a majority of the Committee Chairpersons, at any other suitable public building within the Town of Greenfield, at 7:00 p.m. in the evening on the third Wednesday of each month. (Charter 2-6 (c)1)

THIS AMENDMENT WILL TAKE EFFECT ON JULY 1, 2017.

DISCUSSION: Councilor Mass stated the Appointment and Ordinance Committee forwarded a unanimous positive recommendation. He reviewed discussion held at the meeting with the Greenfield High School Principal Karin Patenaude and Stage Managers Peter McIver and Kurt Seaman.

MOTION: On a motion by Councilor Renaud, second by Councilor Mass, it was,MOVED: TO INSERT “BE BROADCAST LIVE AND” AS FOLLOWS “Regular meetings of the Town Council shall be broadcast live and held at the Greenfield High School, 21 Barr Avenue, GCTV-15 Studio, 393 Main Street or, if agreed by a majority of the Committee Chairpersons, at any other suitable public building within the Town of Greenfield, at 7:00 p.m. in the evening on the third Wednesday of each month. (Charter 2-6 (c)1).”

DISCUSSION: Comments included: Concern the meetings would not be broadcast, this amendment ensures

they would. Rules of Procedure can be changed, amended, or suspended at any time. Concern this amendment would have unintended consequences. The additional language would keep the topic in the forefront. Cost’s related to holding meetings at the schools. GCTV-15 and GCET are ready to broadcast live in July. GCTV-15 has always done a superb job.

It was unanimously, VOTED: TO INSERT “BE BROADCAST LIVE AND” AS FOLLOWS “Regular meetings of the Town Council shall be broadcast live and held at the Greenfield High School, 21 Barr Avenue, GCTV-15 Studio, 393 Main Street or, if agreed by a majority of the Committee Chairpersons, at any other suitable public building within the Town of Greenfield, at 7:00 p.m. in the evening on the third Wednesday of each month. (Charter 2-6 (c)1).”

It was unanimously,

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VOTED: THAT IT BE ORDERED, THAT IT BE ORDERED THAT THE GREENFIELD TOWN COUNCIL AMEND THE TOWN COUNCIL RULES OF PROCEDURE § 1261-2. RULE 2, MEETINGS. A. REGULAR MEETINGS BY STRIKING “GCTV-15 STUDIO, 393 MAIN STREET” AND INSERTING “GREENFIELD HIGH SCHOOL, 21 BARR AVENUE,” TO READ AS FOLLOWS: § 1261-2. Rule 2, Meetings.B. REGULAR MEETINGS

Regular meetings of the Town Council shall be broadcast live and held at the Greenfield High School, 21 Barr Avenue, GCTV-15 Studio, 393 Main Street or, if agreed by a majority of the Committee Chairpersons, at any other suitable public building within the Town of Greenfield, at 7:00 p.m. in the evening on the third Wednesday of each month. (Charter 2-6 (c)1)

THIS AMENDMENT WILL TAKE EFFECT ON JULY 1, 2017. AS AMENDED.

Order no. FY 17-117MOTION: On a motion by Councilor Mass, second by Councilor Ricketts, it was,MOVED: THAT IT BE ORDERED, THAT THE GREENFIELD TOWN COUNCIL AMENDS THE CODE OF THE TOWN OF GREENFIELD BY ADDING CHAPTER 0059 ORDINANCE TITLED “DEPARTMENTAL REVOLVING FUNDS” AS ATTACHED HERETO AND FURTHER AMENDS THE TABLE AND INDEX OF CONTENTS OF THE CODE AND FURTHER THAT NONSUBSTANTIVE CHANGES TO THE NUMERING OF THE ORDINANCE BE PERMITTED IN ORDER THAT IT BE IN COMPLIANCE WITH THE NUMBERING FORMAT OF THE CODE OF THE TOWN OF GREENFIELD.

AO draft 041217 Departmental Revolving Funds

Chapter 059DEPARTMENTAL REVOLVING FUNDS

[History: Adopted by the Town Council of the Town of Greenfield on April 19, 2017. Subsequent amendments noted where applicable.]

§ 59-1.

Purpose § 59- 4.

Procedures and Reports

§ 59-2.

Expenditure Limitations § 59- 5.

Authorized Revolving Funds

§ 59-3.

Interest § 59- 6.

Approval Process

§ 59-1. Purpose.This ordinance by-law establishes and authorizes revolving funds for use by city 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. These revolving funds are established under and governed by General Laws Chapter 44, § 53E½.

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§ 59-2. Expenditure Limitations. A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this ordinance by-law without appropriation subject to the following limitations:

1. Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund.

2. No liability shall be incurred in excess of the available balance of the fund. 3. The total amount spent during a fiscal year shall not exceed the amount

authorized by the City Council on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the City Council.

§ 59- 3. Interest. Interest earned on monies credited to a revolving fund established by this ordinance by-law shall be credited to the general fund.

§ 59- 4. Procedures and Reports. Except as provided in General Laws Chapter 44, § 53E½ and this ordinance by-law, the laws, charter provisions, ordinances by-laws, rules, regulations, policies or procedures that govern the receipt and custody of town monies and the expenditure and payment of town funds shall apply to the use of a revolving fund established and authorized by this ordinance by-law. The City Auditor shall include a statement on the collections credited to the fund, the encumbrances and expenditures charged to each fund and the balance available for expenditure in the regular report the City Auditor provides the department, board, committee, agency or officer on appropriations made for its use. A copy of such report shall also be provided simultaneously to the Town Council.

§ 59- 5. Authorized Revolving Funds. The table attached to this ordinance establishes:

A. Each revolving fund authorized for use by a town department, board, committee, agency or officer,

B. The department or agency head, board, committee or officer authorized to spend from each fund,

C. The fees, charges and other monies charged and received by the department, board, committee, agency or officer in connection with the program or activity for which the fund is established that shall be credited to each fund by the City Auditor,

D. The expenses of the program or activity for which each fund may be used, E. Any restrictions or conditions on expenditures from each fund; F. Any reporting or other requirements that apply to each fund, and G. The fiscal years each fund shall operate under this ordinance by-law.

§ 59-6. Approval Process The legislative body will vote on or before July 1 on the amount that may be spent from each fund during the upcoming fiscal year.

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DISCUSSION: Councilor Mass stated the Appointment and Ordinance Committee forwarded a unanimous positive recommendation including minor amendments shown in the strike draft.


Order no. FY 17-121MOTION: On a motion by Councilor Mass, second by Councilor Ricketts, it was,VOTED: THAT IT BE ORDERED, THAT THE TOWN COUNCIL DEDICATES A PAGE IN THE MINUTES TO FORMER TOWN COUNCIL MEMBER DENNIS LASHIER.

DISCUSSION: Councilor Mass spoke of Mr. Lashier’s multiple volunteer and community service efforts.


PRESENTATION OF PETITIONS AND SIMILAR PAPERS None.

REPORTS OF COMMITTEES APPOINTMENTS AND ORDINANCE COMMITTEE- Councilor Mass stated the committee discussed the Civil Rights Officer Ordinance. Former Town Councilor Patrick Devlin came to discuss issues with the Accessory Dwelling Unit; he was informed the EDC would be the proper committee for dissuasion.

UNFINISHED BUSINESS: None.OLD BUSINESS: None.NEW BUSINESS: Councilor Stempel held the following first reading:

MAYOR'S PROPOSED

CATEGORYFY 18 BUDGET

LEGISLATIVE $70,248EXECUTIVE $250,448FINANCIAL ADMIN $912,546OPERATIONS SUPPORT $757,717LICENSING & REGISTRATION $210,073LAND USE & DEVELOPMENT $116,218OTHER GEN'L GOVERNMENT $1,678,491

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PUBLIC SAFETY $6,449,580

EDUCATION$19,518,023

PUBLIC WORKS $2,501,460



TOTAL OPERATING BUDGET

$48,650,502

President Allis stated papers were available in the Town Clerks office for anyone interested in running for election. The Town Clerk would inform the Town Council of the deadline for binding or non binding ballot question s for the November 2017 ballot.

Councilor Burge stated: Thanked the Finance, Accounting, and Treasurer departments for the Fiscal

Year 2018 budget book which only cost $100.00 per councilor. Thanked the Mayor for the restructuring work within the town.

MOTIONS FOR RECONSIDERATION: None.ADJOURNMENT: On a motion by Councilor Ricketts, second by Councilor Maloni, it was unanimouslyVOTED: TO ADJOURN THE MEETING AT 9:12 P.M.

A true copy,

Attest: Deborah J. Tuttle, Town Clerk

GREENFIELD TOWN COUNCIL MEMBERSGCTV-15Regular MeetingApril 19, 2017

1. Sund, Verne Y2. Lobik, John Y3. Allis, Brickett Y

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4. Muzyka-Pyfrom, Wanda

Y

5. Wainstein, Robert Y6. Burge, Maria Y7. Childs, William Y8. Stempel, Ashley Y9. Leonovich, Daniel Y10. Mass, Isaac Y11. Renaud, Karen Y12. Ricketts, Penny Y13. Maloni, Mark Y

IN MEMORY OFDENNIS AIKEN LASHIER

JANUARY 14, 1941 – MARCH 21, 2017

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Town Council – Second Reading – May 17, 2017

MAYOR'S PROPOSE

D

CATEGORYFY 18

BUDGETLEGISLATIVE $70,248EXECUTIVE $250,448FINANCIAL ADMIN $912,546OPERATIONS SUPPORT $757,717LICENSING & REGISTRATION $210,073LAND USE & DEVELOPMENT $116,218OTHER GEN'L GOVERNMENT $1,678,491PUBLIC SAFETY $6,449,580

EDUCATION$19,518,02

3PUBLIC WORKS $2,501,460



2TOTAL OPERATING BUDGET

$48,650,502

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Order no. FY 17-124

Financial Order 18-001

TOWN COUNCIL ORDER

Town of GREENFIELD

MASSACHUSETTSCouncilor : Second by Councilor :

The Town Council, Upon recommendation of Mayor Martin

An OrderTo Appropriate $48,650,502 for the FY2018 General Fund Budget

Ordered, that:

The Sum of $48,650,502, which is the full amount necessary for the Fiscal Year 2018 General Fund Budget (July 1, 2017 to June 30, 2018), be appropriated for the purposes stated. To meet said appropriation, $500,000 will be transferred from Parking Meter Receipts Reserved and $48, 150, 502 will be raised and appropriated.

Majority vote required VOTE: Explanation of supporting rationale:

BUDGET BOOK PAGES 43 to 48

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Order no. FY 17-125


TOWN COUNCIL ORDER

Town of GREENFIELDMASSACHUSETTS

Councilor : Second by Councilor :


An OrderTo Appropriate $2,478,477 for the FY2018 Sewer Enterprise Budget

Ordered, that:

The Sum of $2,478,477, which is the full amount necessary for the Fiscal Year 2018 Sewer Enterprise Budget (July 1, 2017 to June 30, 2018), be appropriated for the purposes stated and to meet said appropriation, $2,478,477 will be raised from sewer user receipts.



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Order no. FY 17-126


TOWN COUNCIL ORDER



An OrderTo Appropriate $1,792,858 for the FY2018 Water Enterprise Budget

Ordered, that:

The Sum of $1,792,858, which is the full amount necessary for the Fiscal Year 2018 Water Enterprise Budget (July 1, 2017 to June 30, 2018), be appropriated for the purposes stated and to meet said appropriation, $1,792,858 will be raised from water user receipts.



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O rder no. FY 17-127


TOWN COUNCIL ORDER



An OrderTo Establish the Following Revolving Funds

Ordered, that:

The Town Council authorize the following Revolving Funds in accordance with M.G.L Chapter 44, Section 53 E-1/2 for the Fiscal Year 2018. Receipts received but not expended in Fiscal Year 2018 shall be carried over to Fiscal Year 2019, unless otherwise indicated below and if these funds are reauthorized for Fiscal Year 2019 by the Town Council. No further appropriation shall be made in excess of the balance of the fund nor shall total expenditures for the fiscal year exceed the annual spending limit as noted. The aggregate amount of all Revolving Funds so Authorized, is not to exceed $434,000.


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Order no. FY 17 -108

1 of 7

TOWN COUNCIL ORDER Town of GREENFIELD


The Town Council, Moved that it be ordered,THAT THE TOWN COUNCIL OF GREENFIELD AMENDS THE ZONING ORDINANCE, CHAPTER 200, OF THE CODE OF THE TOWN OF GREENFIELD SECTION 200-2. 1 TERMS AND WORDS OF THE ZONING ORDINANCE BY AMENDING THE DEFINITION OF “FARM, POULTRY” TO READ AS FOLLOWS:“FARM, POULTRY -- Premises used in the production of poultry and/or eggs, having more than ten (10) poultry. Premises on parcels of land less than 5 acres are allowed to have up to ten (10) poultry not to include males with the exception of young males raised for meat (“broiler chickens”) for human consumption. Premises used in the production of poultry and/or eggs, having more than ten (10) poultry or any adult male poultry shall require a special permit from the Zoning Board of Appeals.” AND FURTHER AMENDS THE TABLE OF CONTENTS AND INDEX OF THE CODE. AND FURTHER THAT NONSUBSTANTIVE CHANGES TO THE NUMBERING OF THE ORDINANCE BE PERMITTED IN ORDER THAT IT BE IN COMPLIANCE WITH THE NUMBERING FORMAT OF THE CODE OF THE TOWN OF GREENFIELD.

Majority Vote RequiredVote:Explanation of supporting rationale:

Zoning Amendment #1

Amend Section 200-2.1. Terms and words of the Zoning Ordinance by amending the definition of “Farm, Poultry” to read as follows:

“FARM, POULTRY -- Premises used in the production of poultry and/or eggs, having more than ten (10) poultry. Premises on parcels of land less than 5 acres are allowed to have up to ten (10) poultry not to include males with the exception of young males raised for meat (“broiler chickens”) for human consumption. Premises used in the production of poultry and/or eggs, having more than ten (10) poultry or any adult male poultry shall require a special permit from the Zoning Board of Appeals.”

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2 of 7

TOWN COUNCIL ORDER Town of GREENFIELDMASSACHUSETTS


The Town Council, Moved that it be ordered,THAT THE TOWN COUNCIL OF GREENFIELD AMENDS THE ZONING ORDINANCE, CHAPTER 200, OF THE CODE OF THE TOWN OF GREENFIELD SECTION 200-6.11. DRIVEWAYS AND ENTRANCES, SUBSECTION D(3B) BY REVISING THE MINIMUM WIDTH FOR COMMON DRIVEWAYS FROM EIGHTEEN (18) FEET TO TWENTY (20) FEET (AS PER 527CMR CHAPTER 18: FIRE DEPARTMENT ACCESS AND WATER SUPPLY).AND FURTHER AMENDS THE TABLE OF CONTENTS AND INDEX OF THE CODE. AND FURTHER THAT NONSUBSTANTIVE CHANGES TO THE NUMBERING OF THE ORDINANCE BE PERMITTED IN ORDER THAT IT BE IN COMPLIANCE WITH THE NUMBERING FORMAT OF THE CODE OF THE TOWN OF GREENFIELD.Majority Vote RequiredVote:Explanation of supporting rationale: Zoning Amendment #2Amend Section 200-6.11. Driveways and entrances, Subsection D(3b) by revising the minimum width for Common Driveways from eighteen (18) feet to twenty (20) feet (As per 527CMR Chapter 18: Fire Department Access and Water Supply).“D. Common driveways. The Planning Board may issue a special permit for a common driveway serving up

to four (4) lots if the following minimum requirements are met:(1) An easement providing permanent access for all properties served by the driveway shall be provided upon application and, if approved, recorded in the Registry of Deeds;(2) The special permit shall state that the driveway is not a private road or a public road, that it does not meet the standards for a Town road, and that the driveway shall permanently remain a private driveway;(3) The grade, length, and location of common driveways shall be constructed and maintained to provide:

(a) Adequate access and turnaround for vehicles, including sanitary and emergency vehicles, year round. A turnaround area shall be provided at the end of the driveway so that vehicles do not need to enter onto adjoining lots. The Planning Board may require passing turnouts depending on the length and design of the proposed driveway;

(b) A width of at least eighteen (18) twenty (20) feet. Drainage and culverts may be required where the Planning Board deems necessary;

(c) A maximum grade of ten percent (10%);(d) A maximum length of five hundred (500) feet;(e) The driveway entrance shall be located a minimum of fifty (50) feet from any street intersection;(f) No parking areas or structures shall be allowed in the driveway right-of-way;(g) The Planning Board may require a bituminous concrete surface;

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Order no. FY 17 -1103 of 7



The Town Council, Moved that it be ordered,THAT THE TOWN COUNCIL OF GREENFIELD AMENDS THE ZONING ORDINANCE, CHAPTER 200, OF THE CODE OF THE TOWN OF GREENFIELD AMEND SECTION 200-8.1. ENFORCEMENT OF THE ZONING ORDINANCE REQUIRING A CERTIFICATE OF OCCUPANCY BY ADDING A NEW SUBSECTION 5 TO READ AS FOLLOWS:

(5) Occupancy Permit. No building erected, altered, or in any way changed as to construction or use, under a permit or otherwise, shall be occupied or used without an occupancy permit, signed by the Inspector of Buildings. Such permit shall not be issued until the building and its uses, and the use incident thereto, comply in all respects with the Zoning Ordinance or with a decision of the Permit Granting Authority taken thereunder.”

AND FURTHER AMENDS THE TABLE OF CONTENTS AND INDEX OF THE CODE. AND FURTHER THAT NONSUBSTANTIVE CHANGES TO THE NUMBERING OF THE ORDINANCE BE PERMITTED IN ORDER THAT IT BE IN COMPLIANCE WITH THE NUMBERING FORMAT OF THE CODE OF THE TOWN OF GREENFIELD.Majority Vote RequiredVote:Explanation of supporting rationale: Zoning Amendment #3

Amend Section 200-8.1. Enforcement of the Zoning Ordinance requiring a certificate of occupancy by adding a new subsection 5 to read as follows:

“~ 200-8.1. Enforcement.

A. Inspector of Buildings.

(1) The Inspector of Buildings shall enforce this ordinance.

(2) The construction, alteration, or use of any building, structure, or premises shall require a permit from the Inspector of Buildings.

(3) The Inspector of Buildings shall not issue a permit for the construction, alteration or use of any building, structure or premises in violation of any provision of this ordinance.

(4) Whenever any permit or license is refused because of some provision of this ordinance, the reason therefor shall be clearly stated in writing.

(5) Occupancy Permit. No building erected, altered, or in any way changed as to construction or use, under a permit or otherwise, shall be occupied or used without an occupancy permit, signed by the Inspector of Buildings. Such permit shall not be issued until the building and its uses, and the use incident thereto, comply in all respects with the Zoning Ordinance or with a decision of the Permit Granting Authority taken thereunder.”

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4 of 7



The Town Council, Moved that it be ordered,THAT THE TOWN COUNCIL OF GREENFIELD AMENDS THE ZONING ORDINANCE, CHAPTER 200, OF THE CODE OF THE TOWN OF GREENFIELD AMEND SECTION 200-8.4(F) OF THE ZONING ORDINANCE TO REQUIRE AS-BUILT PLANS FOR ALL APPROVED PROJECTS BY ADDING A NEW SUBSECTION F(3).

(3) The Applicant of all approved site plans shall provide an as-built plan prior to the issuance of a Certificate of Occupancy from the Inspector of Buildings.”

AND FURTHER AMENDS THE TABLE OF CONTENTS AND INDEX OF THE CODE. AND FURTHER THAT NONSUBSTANTIVE CHANGES TO THE NUMBERING OF THE ORDINANCE BE PERMITTED IN ORDER THAT IT BE IN COMPLIANCE WITH THE NUMBERING FORMAT OF THE CODE OF THE TOWN OF GREENFIELD.


Zoning Amendment #4

Amend Section 200-8.4(F) of the Zoning Ordinance to require as-built plans for all approved projects by adding a new subsection F(3).

“F. Decision.

(1) The site plan may be approved or approved with conditions. Before approval of a site plan, the reviewing authority may request the applicant to make modifications in the proposed design of the project. If the site plan does not comply with the purposes and requirements of this ordinance, it may be disapproved. If disapproved, the plan may be revised and resubmitted without prejudice. Failure of any of the reviewing authorities to act on a site plan within the required time period shall constitute approval.

(2) The reviewing authority may require the posting of security to ensure compliance with the plan and conditions. A permit or license may be suspended when work is not performed as approved.

(3) The Applicant of all approved site plans shall provide an as-built plan prior to the issuance of a Certificate of Occupancy from the Inspector of Buildings.”

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5 of 7



The Town Council, Moved that it be ordered,THAT THE TOWN COUNCIL OF GREENFIELD AMENDS THE ZONING ORDINANCE, CHAPTER 200, OF THE CODE OF THE TOWN OF GREENFIELD AMEND SECTION 200-8.4(G) OF THE ZONING ORDINANCE TO READ AS FOLLOWS:

“G. Appeals. Decisions on site plans reviewed by the Inspector of Buildings or the Planning Board may be appealed to the Zoning Board of Appeals in accordance with ~ 200-8.6 of this ordinance and with Sections 8 and 15 of the Zoning Act, MGL c. 40A. Decisions on site plans reviewed by the Planning Board or by a Special Permit Granting Authority as part of a special permit application may be appealed to superior court in accordance with Section 17 of the Zoning Act, MGL c. 40A.



Zoning Amendment #5

Amend Section 200-8.4(G) of the Zoning Ordinance to read as follows:

“G. Appeals. Decisions on site plans reviewed by the Inspector of Buildings or the Planning Board may be appealed to the Zoning Board of Appeals in accordance with ~ 200-8.6 of this ordinance and with Sections 8 and 15 of the Zoning Act, MGL c. 40A. Decisions on site plans reviewed by the Planning Board or by a Special Permit Granting Authority as part of a special permit application may be appealed to superior court in accordance with Section 17 of the Zoning Act, MGL c. 40A.

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Order no. FY 17 -1136 of 7



The Town Council, Moved that it be ordered,THAT THE TOWN COUNCIL OF GREENFIELD AMENDS THE ZONING ORDINANCE, CHAPTER 200, OF THE CODE OF THE TOWN OF GREENFIELD AMEND SECTION 200-7.17. MEDICAL MARIJUANA DISPENSARIES/TREATMENT CENTERS OF THE ZONING ORDINANCE BY AMENDING THE TITLE OF THIS SECTION TO READ “MEDICAL MARIJUANA DISPENSARIES” AND REVISING THE SAME THROUGHOUT SECTION 200-7.17.



Zoning Amendment #6Amend Section 200-7.17. Medical Marijuana Dispensaries/Treatment Centers of the Zoning Ordinance by amending the title of this section to read “Medical Marijuana Dispensaries” and revising the same throughout Section 200-7.17.

~ 200-7.17. Medical Marijuana Dispensaries/Treatment Centers [Added by the Town Council on November 20, 2013]A. Purpose

By vote at the State election on November 6, 2012, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes. The law became effective on January 1, 2013 and the State Department of Public Health has issued regulations for the implementation of this law (105 CMR 725). The purpose of this ordinance is to provide for the establishment of Medical Marijuana Dispensaries/Treatment Centers in appropriate places and under strict conditions, to minimize the adverse impacts of Medical Marijuana Dispensaries / Treatment Centers on adjacent properties, residential neighborhoods, schools and other places where children congregate, and other land uses potentially incompatible with said facilities, and to regulate the siting, design, placement, security, safety, monitoring, modification, and removal of Medical Marijuana Dispensaries / Treatment Centers.

B. DefinitionsMEDICAL MARIJUANA DISPENSARY / TREATMENT CENTER -- A not-for-profit entity registered under 105 CMR 725.100, to be known as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana. These facilities shall be located inside a structure or building.

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MARIJUANA -- The same substance defined as “marihuana” under Chapter 94C of the Massachusetts General Laws.

MARIJUANA FOR MEDICAL USE -- Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as set forth in 105 CMR 725.

C. Applicability(1) The commercial cultivation production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless permitted as a Registered Marijuana Dispensary under this Section.(2) No RMD shall be established except in compliance with the provisions of this Section.

(3) Nothing in this Ordinance shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.

(4) If any provision of this Section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Section are severable.

D. Eligible Locations for Registered Marijuana DispensariesRegistered Marijuana Dispensaries may be allowed by Special Permit from the Zoning Board of Appeals in the Central Commercial (CC), General Commercial (GC), General Industry (GI), Health Service (H), and Limited Commercial (LC) Zoning Districts provided the facility meets the requirements of this Section.

E. General Requirements and Conditions for all Registered Marijuana Dispensaries(1) All non-exempt RMDs shall be contained within a building or structure.

(2) A Registered Marijuana Dispensary shall not be located in buildings that contain any medical doctors’ offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

(3) The hours of operation of Registered Marijuana Dispensaries shall be set by the Special Permit Granting Authority, but in no event shall said RMD be open and/or operating between the hours of 9:00 PM and 7:00 AM.

(4) No Registered Marijuana Dispensary shall be located within a radius of one-hundred (100) feet of school, daycare center, park, playground, or youth center. The one-hundred (100) foot distance under this section shall be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed RMD.

(5) No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of an RMD.

(6) No Registered Marijuana Dispensary shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.

(7) Signage for the RMD shall include the following language: “Registration card issued by the MA Department of Public Health required.” The required text shall be a minimum of two inches in height.

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(8) Registered Marijuana Dispensaries shall provide the Greenfield Police Department, Building Inspector and the Special Permit Granting Authority with the names, phone numbers and email addresses of all management staff and keyholders to whom one can provide notice if there are operating problems associated with the establishment.

F. Special Permit Requirements(1) A Registered Marijuana Dispensary shall only be allowed by special permit from the Zoning Board of Appeals in accordance with M.G.L. c. 40A, §9, subject to the following statements, regulations, requirements, conditions and limitations.

(2) A special permit for a Registered Marijuana Dispensary shall be limited to one or more of the following uses that shall be prescribed by the Special Permit Granting Authority:

(a) cultivation of Marijuana for Medical Use (horticulture);

(b) processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products;

(c) retail sale or distribution of Marijuana for Medical Use to Qualifying Patients;

(3) In addition to the application requirements set forth in Sections E and F of this Ordinance, a special permit application for a Registered Marijuana Dispensary shall include the following:

(a) the name and address of each owner of the facility;

(b) copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the RMD;

(c) evidence of the Applicant’s right to use the site of the RMD for the RMD, such as a deed, or lease;

(d) if the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;

(e) a certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the town and certified by the Town Assessor;(f) proposed security measures for the Registered Marijuana Dispensary, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.

(4) Mandatory Findings. The Special Permit Authority shall not issue a special permit for a Registered Marijuana Dispensary unless it finds that:

(a) the RMD is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in M.G.L. c. 40A, §11;

(b) the RMD demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations; and

(c) the Applicant has satisfied all of the conditions and requirements of Sections 7.17(E) and 44

7.17(F) herein;

(5) Annual Reporting. Each Registered Marijuana Dispensary permitted under this Ordinance shall as a condition of its special permit file an annual report to and appear before the Special Permit Granting Authority and the Town Clerk no later than January 31st, providing a copy of all current applicable state licenses for the Facility and/or its owners and demonstrate continued compliance with the conditions of the Special Permit.

(6) A special permit granted under this Section shall have a term limited to the duration of the Applicant’s ownership of the premises as a Registered Marijuana Dispensary. A special permit may be transferred only with the approval of the Special Permit Granting Authority in the form of an amendment to the special permit with all information required in this Section.

(7) The Board shall require the Applicant to post a bond at the time of construction to cover costs for the removal of the Medical Marijuana Dispensary / Treatment Center in the event the Town must remove the facility. The value of the bond shall be based upon the ability to completely remove all the items noted in 7.17(G)(2) and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the Applicant providing the Special Permit Granting Authority with three (3) written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the Town to remove the facility at prevailing wages.

G. Abandonment or Discontinuance of Use(1) A Special Permit shall lapse if not exercised within one year of issuance.

(2) A Medical Marijuana Dispensary / Treatment Center shall be required to remove all material, plants equipment and other paraphernalia prior to surrendering its state issued licenses or permits; or within six months of ceasing operations; whichever comes first.

And by amending the Table of Contents:ARTICLE VII - Special Regulations 74§ 200-7.1. Open Space/Cluster Developments 74§ 200-7.2. Multifamily Dwellings 80§ 200-7.3. (Reserved) 81§ 200-7.4. Earth Removal 81§ 200-7.5. Bed-and-Breakfast/Tourist Home 81§ 200-7.6. Congregate Housing for the Elderly or Handicapped 82§ 200-7.7. (Reserved) 82§ 200-7.8. Flag Lots 82§ 200-7.9. Commercial Camping 84§ 200-7.10. Mixed Residential/Business Uses 84§ 200-7.11. Mobile Homes and Campers 85§ 200-7.12. Major Development Review 85§ 200-7.13. Adult Entertainment Uses 87§ 200-7.14. Wireless Communications Facilities 91§ 200-7.15. Large-Scale Ground-Mounted Solar Photovoltaic Installations 97§ 200-7.16. Non-Commercial Scale Solar Energy Installations 101§ 200-7.17. Medical Marijuana Dispensaries/Treatment Centers 103§ 200-7.18. Accessory Dwelling Units 106§ 200-7.19. Biomass and Wood Burning Energy Systems 109

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7 of 7



The Town Council, Moved that it be ordered,THAT THE TOWN COUNCIL OF GREENFIELD AMENDS THE ZONING ORDINANCE, CHAPTER 200, OF THE CODE OF THE TOWN OF GREENFIELD AMEND SECTION 200-8.4, SUBSECTION C2 OF THE ZONING ORDINANCE BY CHANGING BUILDING INSPECTOR TO INSPECTOR OF BUILDINGS AND BY ADDING THE BOARD OF HEALTH SO THAT IT READS AS FOLLOWS:

“~ 200-8.4. Site plan review and approval.

C. Procedures.

(2) The reviewing authority shall within ten (10) days of receiving the application transmit one (1) copy of the site plan to the Department of Public Works, Fire Department, Building Inspector Inspector of Buildings, Zoning Board of Appeals, Planning Board, Conservation Commission, Board of Health, and Historic Commission for review and comment. Failure to comment within thirty (30) days shall be deemed as no objection to the site plan.


Majority Vote RequiredVote:Explanation of supporting rationale: Zoning Amendment #7

Amend Section 200-8.4, Subsection C2 of the Zoning Ordinance by changing Building Inspector to Inspector of Buildings and by adding the Board of Health so that it reads as follows:

“~ 200-8.4. Site plan review and approval.

C. Procedures.

(2) The reviewing authority shall within ten (10) days of receiving the application transmit one (1) copy of the site plan to the Department of Public Works, Fire Department, Building Inspector Inspector of Buildings, Zoning Board of Appeals, Planning Board, Conservation Commission, Board of Health, and Historic Commission for review and comment. Failure to comment within thirty (30) days shall be deemed as no objection to the site plan.

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TOWN COUNCIL ORDER Town of GREENFIELD MASSACHUSETTSCouncilor : Second by Councilor :

The Town Council, Moved that it be ordered,THAT THE TOWN COUNCIL OF GREENFIELD AMEND THE ZONING ORDINANCE, CHAPTER 200, BY ADDING NEW SECTION “200-4.18 TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS” AS ATTACHED HERETO AS “EXHIBIT A” AND FURTHER AMENDS THE TABLE OF CONTENTS AND INDEX OF THE CODE. AND FURTHER THAT NONSUBSTANTIVE CHANGES TO THE NUMBERING OF THE ORDINANCE BE PERMITTED IN ORDER THAT IT BE IN COMPLIANCE WITH THE NUMBERING FORMAT OF THE CODE OF THE TOWN OF GREENFIELD.Majority Vote RequiredVote:Explanation of supporting rationale: Moved that it be ordered that the Greenfield Town Council accepts the following zoning amendment entitled “Temporary Moratorium on Recreational Marijuana Establishments” and further accepts changes to the numbering of the code.

TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTSSection 200-4.18 - Purpose:On November 8, 2016, the voters of the commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and (as amended on December 13, 2016; Chapter 351 of the acts of 20160 requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses on April 1, 2018. Currently under the zoning ordinance, a non-medical Marijuana Establishment (hereinafter, a “Recreational Marijuana Establishment”), as defined in G.L. c. 94G, s. 1, is not specifically addressed in the Zoning Ordinance. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of recreational Marijuana Establishments. The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the City needs time to study and consider the regulation of Recreational Marijuana Establishments and address such issues, as well as address the potential impact of the state regulations on local zoning and to undertake a planning process to consider amending the Zoning Ordinance regarding regulation of Recreational Marijuana Establishments. The City intends to adopt a temporary moratorium on the use of land and structures in the town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the City and to enact ordinances in a consistent manner.

Section 200-4.18 - Definition:‘Recreational Marijuana Establishment” shall mean a “marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.”

Section 200-4.18 - Temporary Moratorium:For the reasons set forth above and notwithstanding any other provision of the Zoning Ordinance to the contrary, the City hereby adopts a temporary moratorium on the use of land and structures for a Recreational Marijuana Establishment and other uses related to recreational marijuana. The moratorium shall be in effect through June 30, 2018 or until such time as the City adopts Zoning Ordinance amendments that regulate Recreational Marijuana Establishments, whichever occurs earlier. During the moratorium period the City shall undertake a planning process to address the potential impact of recreational marijuana in the City, and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and shall consider adopting new Zoning Ordinances in response to these new issues. Or take any action relative thereto.

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-----Original Message-----From: Councilor Brickett Allis Sent: Thursday, March 02, 2017 9:21 PMTo: Deborah Tuttle; Kathy ScottCc: Mayor of GreenfieldSubject: moratorium.docx

Deb and Kathy,

As promised here is the language for the temporary moratorium that I am proposing the council adopt. Please place it in the committee chairs packet for a motion to initiate at this months council meeting.

Thank you Brickett

Moved that it be ordered that the Greenfield Town Council accepts the following zoning amendment entitled “Temporary Moratorium on Recreational Marijuana Establishments” and further accepts changes to the numbering of the code.

TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTSSection TBD - Purpose:On November 8, 2016, the voters of the commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and (as amended on December 13, 2016; Chapter 351 of the acts of 20160 requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses on April 1, 2018. Currently under the zoning ordinance, a non-medical Marijuana Establishment (hereinafter, a “Recreational Marijuana Establishment”), as defined in G.L. c. 94G, s. 1, is not specifically addressed in the Zoning Ordinance. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of recreational Marijuana Establishments. The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the City needs time to study and consider the regulation of Recreational Marijuana Establishments and address such issues, as well as address the potential impact of the state regulations on local zoning and to undertake a planning process to consider amending the Zoning Ordinance regarding regulation of Recreational Marijuana Establishments. The City intends to adopt a temporary moratorium on the use of land and structures in the town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the City and to enact ordinances in a consistent manner.

Section TBD - Definition:‘Recreational Marijuana Establishment” shall mean a “marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.”

Section TBD - Temporary Moratorium:For the reasons set forth above and notwithstanding any other provision of the Zoning Ordinance to the contrary, the City hereby adopts a temporary moratorium on the use of land and structures for a Recreational Marijuana Establishment and other uses related to recreational marijuana. The moratorium shall be in effect through June 30, 2018 or until such time as the City adopts Zoning Ordinance amendments that regulate Recreational Marijuana Establishments, whichever occurs earlier. During the moratorium period the City shall undertake a planning process to address the potential impact of recreational marijuana in the City, and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and shall consider adopting new Zoning Ordinances in response to these new issues. Or take any action relative thereto.

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TOWN COUNCIL ORDER

Town of GREENFIELD

MASSACHUSETTS


The Town Council, Moved that it be ordered,

THAT THE GREENFIELD TOWN COUNCIL AMENDS THE CODE OF THE TOWN OF GREENFIELD BY ADDING CHAPTER 046 CIVIL RIGHTS OFFICER ORDINANCE AS ATTACHED HERETO AND FURTHER AMENDS THE TABLE OF CONTENTS AND INDEX OF CONTENTS OF THE CODE AND FURTHER THAT NONSUBSTANTIVE CHANGES TO THE NUMBERING OF THE ORDINANCE BE PERMITTED IN ORDER THAT IT BE IN COMPLIANCE WITH THE NUMBERING FORMAT OF THE CODE OF THE TOWN OF GREENFIELD.


AO 051017 Recommendation

Chapter 046CIVIL RIGHTS OFFICER

[History: Adopted by the Town Council of the Town of Greenfield on DATE. Subsequent amendments noted where applicable.]§ 46-1. Preamble § 46- 3. Duties§ 46-2. Definitions § 46- 4. Limitations

§ 46-1: Preamble:The Town of Greenfield understands the importance of establishing direct and personal relationships between law enforcement and members of our community. This is particularly true for members of groups who are sometimes the targets of harassment, discrimination, or hate crimes.

In an effort to improve communication and to ensure that there are individuals in place who can serve as liaisons from law enforcement to those groups or their members, the Town of Greenfield establishes and defines the role of the Civil Rights Officer. The purpose of this position is to build relationships with the public so that law enforcement can be of assistance in meeting the objectives of good and appropriate communication between with victims and the community at large.

§ 46-2: Definitions:A. “Civil Rights Officer” shall be a Police Officer assigned by the Chief of Police to serve as the

liaison between the community, the victim and the Police Department where alleged hate crimes are concerned.

B. ''Hate Crime'' shall be any crime defined as such under Massachusetts General Law.

§ 46-3: Duties:The Civil Rights Officer shall:

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A. Receive regularly specialized training in the area of working with people from diverse backgrounds and with special needs;

B. Act as the liaison to the Human Rights Commission; C. Attend Human Rights Commission meetings as requested; D. Serve as a link between victims of Hate Crimes and victims and the police department; E. Update the community through the Human Rights Commission of the status of reported hate

crimes in the community as is permitted by law and good law enforcement practice; F. Keep track of Hate Crimes committed in Greenfield and assist in the reporting of the same as

required by state and federal law;G. Assist in the training of other officer in how to respond to the needs of victims of Hate Crimes;H. Other duties as assigned by the Chief or Police or the Public safety Commission.

§ 46-4: Limitations:Nothing in this Chapter should be read as preventing the Chief of Police from designating him or

herself as Civil Rights Officer or designating more than one Civil Rights Officer.

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TOWN COUNCIL ORDER Town of GREENFIELD MASSACHUSETTSCouncilor :

Second by Councilor : The Town Council, Moved that it be ordered,THAT THE GREENFIELD TOWN COUNCIL VOTE TO “OPT OUT” OF REMOTE PARTICIPATION AUTHORIZED BY EXECUTIVE ORDER OF THE MAYOR DATED SEPTEMBER 1, 2015. Majority Vote Required.VOTE:Explanation of supporting rationale:

29.10: Remote Participation

(1) Preamble. Remote participation may be permitted subject to the following procedures and restrictions. However, the Attorney General strongly encourages members of public bodies to physically attend meetings whenever possible. By promulgating these regulations, the Attorney General hopes to promote greater participation in government. Members of public bodies have a responsibility to ensure that remote participation in meetings is not used in a way that would defeat the purposes of the Open Meeting Law, namely promoting transparency with regard to deliberations and decisions on which public policy is based.

(2) Adoption of Remote Participation. Remote participation in meetings of public bodies is not permitted unless the practice has been adopted as follows:

(a) Local Public Bodies. The Chief Executive Officer, as defined in M.G.L. c. 4, sec. 7, must authorize or, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that authorization or vote applying to all subsequent meetings of all local public bodies in that municipality.

(b) Regional or District Public Bodies. The regional or district public body must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees.

(c) Regional School Districts. The regional school district committee must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees.

(d) County Public Bodies. The county commissioners must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of all county public bodies in that county.

(e) State Public Bodies. The state public body must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees.

(f) Retirement Boards. A retirement board created pursuant to M.G.L. c. 32, sec. 20 or M.G.L. c. 34B, § 19 must, by a simple majority, vote to allow remote participation in accordance with the

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http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleI/Chapter4/Section7

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVI/Chapter34B/Section19

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVI/Chapter34B/Section19

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter32/Section20

requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees.

(3) Revocation of Remote Participation. Any person or entity with the authority to adopt remote participation pursuant to 940 CMR 29.10(2) may revoke that adoption in the same manner.

(4) Minimum Requirements for Remote Participation.

(a) Members of a public body who participate remotely and all persons present at the meeting location shall be clearly audible to each other;

(b) A quorum of the body, including the chair or, in the chair’s absence, the person authorized to chair the meeting, shall be physically present at the meeting location, as required by M.G.L. c. 30A, sec 20(d);

(c) Members of public bodies who participate remotely may vote and shall not be deemed absent for the purposes of M.G.L. c. 39, sec. 23D.

(5) Permissible Reasons for Remote Participation. If remote participation has been adopted in accordance with 940 CMR 29.10(2), a member of a public body shall be permitted to participate remotely in a meeting, in accordance with the procedures described in 940 CMR 29.10(7), if the chair or, in the chair’s absence, the person chairing the meeting, determines that one or more of the following factors makes the member’s physical attendance unreasonably difficult:

(a) Personal illness;

(b) Personal disability;

(c) Emergency;

(d) Military service; or

(e) Geographic distance.

(6) Technology.

(a) The following media are acceptable methods for remote participation. Remote participation by any other means is not permitted. Accommodations shall be made for any public body member who requires TTY service, video relay service, or other form of adaptive telecommunications.

(i) telephone, internet, or satellite enabled audio or video conferencing;

(ii) any other technology that enables the remote participant and all persons present at the meeting location to be clearly audible to one another.

(b) When video technology is in use, the remote participant shall be clearly visible to all persons present in the meeting location.

(c) The public body shall determine which of the acceptable methods may be used by its members.

(d) The chair or, in the chair’s absence, the person chairing the meeting, may decide how to address technical difficulties that arise as a result of utilizing remote participation, but is

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http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter39/Section23d

http://www.mass.gov/ago/government-resources/open-meeting-law/open-meeting-law-mgl-c-30a-18-25.html


encouraged, wherever possible, to suspend discussion while reasonable efforts are made to correct any problem that interferes with a remote participant’s ability to hear or be heard clearly by all persons present at the meeting location. If technical difficulties result in a remote participant being disconnected from the meeting, that fact and the time at which the disconnection occurred shall be noted in the meeting minutes.

(e) The amount and source of payment for any costs associated with remote participation shall be determined by the applicable adopting entity identified in 940 CMR 29.10(2).

(7) Procedures for Remote Participation.

(a) Any member of a public body who wishes to participate remotely shall, as soon as reasonably possible prior to a meeting, notify the chair or, in the chair’s absence, the person chairing the meeting, of his or her desire to do so and the reason for and facts supporting his or her request.

(b) At the start of the meeting, the chair shall announce the name of any member who will be participating remotely and the reason under 940 CMR 29.10(5) for his or her remote participation. This information shall also be recorded in the meeting minutes.

(c) All votes taken during any meeting in which a member participates remotely shall be by roll call vote.

(d) A member participating remotely may participate in an executive session, but shall state at the start of any such session that no other person is present and/or able to hear the discussion at the remote location, unless presence of that person is approved by a simple majority vote of the public body.

(e) When feasible, the chair or, in the chair’s absence, the person chairing the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he or she reasonably anticipates will be used during the meeting. If used during the meeting, such documents shall be part of the official record of the meeting, and shall be listed in the meeting minutes and retained in accordance with M.G.L. c. 30A, sec. 22.

(8) Further Restriction by Adopting Authority. These regulations do not prohibit any person or entity with the authority to adopt remote participation pursuant to 940 CMR 29.10(2) from enacting policies, laws, rules or regulations that prohibit or further restrict the use of remote participation by public bodies within that person or entity’s jurisdiction, provided those policies, laws, rules or regulations do not violate state or federal law.

(9) Remedy for Violation. If the Attorney General determines, after investigation, that 940 CMR 29.10 has been violated, the Attorney General may resolve the investigation by ordering the public body to temporarily or permanently discontinue its use of remote participation.

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54

Order no. FY 17-130


MASSACHUSETTSCouncilor :

Second by Councilor :

The Town Council,

Moved that it be ordered,THAT THE GREENFIELD TOWN COUNCIL DISSOLVES THE “ELECTED AND APPOINTED OFFICIAL COMPENSATION ADVISORY BOARD” ESTABLISHED ON JUNE 17, 2015.

Majority vote requiredVOTE:Explanation of supporting rationale:

THAT IT BE ORDERED THAT THE TOWN OF GREENFIELD SHALL ESTABLISH AN ELECTED AND APPOINTED OFFICIAL COMPENSATION ADVISORY BOARD OF 5 MEMBERS, 2 APPOINTED BY THE MAYOR, 3 APPOINTED BY THE TOWN COUNCIL PRESIDENT. THE TOWN COUNCIL PRESIDENT WILL APPOINT, 1 FORMER ELECTED OR APPOINTED PERSON FROM THE TOWN OF GREENFIELD; 1 FORMER EMPLOYEE OF THE TOWN OF GREENFIELD EITHER UNION OR NON UNION; 1 GREENFIELD RESIDENT TAX PAYER AND THE MAYOR WILL APPOINT, 1 MEMBER CURRENTLY WORKING IN HUMAN RESOURCES OR WITH EXPERIENCE IN HUMAN RESOURSES AND MAY OR MAY NOT BE EMPLOYED BY THE TOWN OF GREENFIELD; 1 MEMBER CURRENTLY WORKING IN ACCOUNTING OR RELATED WORK AND MAY OR MAY NOT BE EMPLOYED BY THE TOWN OF GREENFIELD. THE BOARD IS TASKED WITH REVIEWING THE EQUITY COMPENSATION, BENEFITS AND EXPENSE ALLOWANCES OF THE MUNICIPAL ELECTED AND APPOINTED OFFICIALS AND REPORT ITS FINDINGS AND RECOMMENDATION TO THE MAYOR AND TOWN COUNCIL. THE REPORT AND RECOMMENDATION SHALL BE SUBMITTED WITHIN 6 MONTHS OF THE BOARD’S FORMATION. THE BOARD’S COMPOSITION SHALL INCLUDE 1 MEMBER WITH EXPERTISE IN THE AREA OF HUMAN RESOURCES – 1 MEMBER WITH EXPERTISE IN THE AREA OF ACCOUNTING – 1 FORMER ELECTED OFFICIAL WITHIN THE TOWN OF GREENFIELD – 1 FORMER EMPLOYEE OF THE TOWN EMPLOYEE’S UNIONS – 1 TAX PAYER ADVOCATE.

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Town Council – First Reading – May 17, 2017

The Sum of $300,000 to be appropriated from the available funds listed as follows for the acquisition and construction of the new DPW Modular Office building to be located at 209 Wells Street, Town Yard.

Released Overlay Surplus in the amount of $95,000Water Retained Earnings in the amount of $100,000Sewer Retained Earnings in the amount of $105,000

Total appropriated $300,000

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Order no. FY 17-131

Financial Order 17-

TOWN COUNCIL ORDER

Town of GREENFIELD



An OrderTo Appropriate $300,000.00 for the DPW Modular Office Building

Ordered, that:

The Sum of $300,000 to be appropriated from the available funds listed as follows for the acquisition and construction of the new DPW Modular Office building to be located at 209 Wells Street, Town Yard.

Released Overlay Surplus in the amount of $95,000Water Retained Earnings in the amount of $100,000Sewer Retained Earnings in the amount of $105,000

Total appropriated $300,000


Memo from DPW Director Don Ouellette, explanation of project cost

Funding Sources

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The overlay is raised by the assessors in the annual tax levy as a reserve for abatements and exemptions. Until the Municipal Modernization Act (MMA), there was a separate overlay reserve for each fiscal year to cover property tax abatements and exemptions granted by the assessors or ordered by the Appellate Tax Board for just that fiscal year. Under the MMA, a single overlay reserve will now cover the costs of potential abatements or exemptions granted by the assessors or ordered by the Appellate Tax Board for any fiscal year. This will allow municipalities to avoid deficits which formerly occurred when amounts abated or exempted exceeded the balance in the overlay account for that particular year.

In November of 2016 the Board of Assessors released $95,000 of overlay surplus. This amount may be used as an available funding source until June 30th or it will close to the Undesignated Fund balance. The Overlay Surplus must be appropriated by Town Council with the recommendation of the Mayor.

Retained Earnings are essentially the ‘Free Cash’ of an Enterprise Fund, therefore must be appropriated by June 30th or it will return to the Undesignated Fund balance and will not be available until the fiscal year is closed and it is certified by the Department of Revenue.

Water Retained Earnings balance $ 432,988

Sewer Retained Earnings balance $ 448,627

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May 12, 2017

Town Council,

RE: DPW Office Modular Building, 209 Wells Street

There is a firm, Unity Buildings, that is high end and the cost is $200 /square foot. We have talked with Huntington Homes and their estimate was about 160 per square foot. The building is going to be 40 x 28 or 1120 ft.². 1120 ft.² times $200 equals $224,000. This cost does not include the entire basement and foundation. We expect that cost to be between 75 and $100,000.

If we go with Huntington Homes and that price holds the $300,000 will be more than enough. If we end up with Unity Homes I think the budget will be tight simply because of ADA bathrooms etc.

The DPW will complete the excavation of the cellar hole and install the water and sewer services to within 4 feet of the proposed foundation.

In summary the budget looks like this:

Modular building --- $180,000-$224,000Foundation and basement $75,000ADA bathrooms Additional $20,000Heat pump split unit additional $5,000

Total expected cost $280,000 to $324,000

The bid spec is nearly complete.

Donald Ouellette

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City known as the Town of

GREENFIELD, MASSACHUSETTS

DEPARTMENT OF PUBLIC WORKSTown Hall ● 14 Court Square ● Greenfield, MA 01301

Phone 413-772-1528 ● Fax [email protected] ● www.greenfield-ma.gov

mailto:[email protected]

Documents

Greenfield Town Council006b65a.netsolhost.com/CouncilPacket051717.doc · Web viewlegislative $70,248 executive $250,448 financial admin $912,546 operations support $757,717 licensing