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TR-2013-37 APPROP FREE CASH TO SUPP BUDG YA � D�q � CC • rn s�� C co tkau TO-2013-20 Co— akcd-&tz� AN EMERGENCY PREAMBLE FOR THE �- FISCAL YEAR 2013 SUPPLEMENTAL BUDGET (Sponsored by Mayor Richard A. Cohen) WHEREAS, the Town of Agawam has budgeted for payroll expenditures on a cash basis for over twenty-five years; WHEREAS, on June 20, 2013, the Commonwealth of Massachusetts Department of Revenue notified the Town that it is required to change its budgeting process for payroll expenditures to an accrual basis effective with Fiscal Year 2013; WHEREAS, the change from cash basis to accrual basis will require the addition of a twenty-seventh (27'h) bi-weekly payroll to the Fiscal Year 2013 Annual Operating Budget; WHEREAS, state and federal law and the collective bargaining agreements entered into by the Town and the Agawam Public Schools require that the Town pay its employees for services rendered on a bi-weekly basis and the next bi-weekly payroll is due to be paid on July 3. 2013, WHEREAS, the Town has sufficient funds in its certified "free cash" to Fund the twenty-seventh (271h) bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget, but the DOR certification of the "free cash" lapses on June 30, 2013; WHEREAS, if the Town pays July 3, 2013 bi-weekly payroll as required by federal and state law and the duly executed collective bargaining agreements without sufficient appropriation in the Fiscal Year 2013 Annual Operating Budget, it could be considered a deficit expenditure which DOR could require the Town to raise in its Fiscal Year-2014 tax levy; and c� Q G WHEREAS, it is in the best interest of the Town of Agawam to apprbvriatsm sufficient funds from its certified "free cash" to fund the twenty-seventh (27") bi-�klvr— payroll in the Fiscal Year 2013 Annual Operating Budget prior to the lapse i If� certification of the "free cash" on June 30, 2013 and to avoid the potential of a dZe icimr` expenditure requiring an increase in the tax levy; and _0 3x na Cr (T' J MAYORAL ACTION Received this C day of -n`� , 2013 from Council Clerk. Signed by Council President this �1 day of , 2013. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam harter, as am ed, I hereby approve the passage of the above legislation on this —day of 2013. Z�fz— Richard A. Cohen,Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEG�}ISLATION TO COUNCIL CLERK Returned to Council Clerk this Ot day of Jt4r)If--"' _, 2013. NOW THEREFORE, the Agawam City Council hereby declares pursuant to Section 2-9(b) of the Agawam Home Rule Charter that an emergency exists and hereby approves this Emergency Preamble to the Fiscal Year 2013 Supplemental Budget. Dated this day of TyN'E , 20 13. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Jo son, President APPROVED TO FORM AND LEGALITY Vincent F. Gioscia, City Solicitor TR-2013-37 A RESOLUTION APPROPRIATING FUNDS FROM "FREE CASH" TO FUND THE FISCAL YEAR 2013 SUPPLEMENTAL BUDGET (Sponsored by Mayor Richard A. Cohen) WHEREAS, the Town of Agawam has budgeted for payroll expenditures on a cash basis for over twenty-five years; WHEREAS, the Fiscal Year 2013 Annual Operating Budget contains sufficient funds for twenty-six (26) bi-weekly payrolls beginning with the payroll warrant paid on July 5, 2012; WHEREAS, on June 20, 2013, the Commonwealth of Massachusetts Department of Revenue notified the Town that it is required to change its budgeting process for payroll expenditures to an accrual basis effective with Fiscal Year 2013; WHEREAS, the change from cash basis to accrual basis will require the addition of a twenty-seventh (271h) bi-weekly payroll to the Fiscal Year 2013 Annual Operating Budget; WHEREAS, in order to fund the twenty-seventh (27'h) bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget, an additional appropriation of DUA ($'fT dollars will be necessary; � WHEREAS, state and federal law and the collective bargaining agreements entered into by the Town and the Agawam Public Schools require that the Town pay its employees for services rendered on a bi-weekly basis and the next bi-weekly payroll is due to be paid on July 3, 2013; WHEREAS, the Town has sufficient funds in its certified "free cash" to fund the twenty- seventh (27`h) bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget, but the DOR certification of the "free cash" lapses on June 30, 2013; WHEREAS, if the Town pays July 3, 2013 bi-weekly payroll as required by federal and state law and the duly executed collective bargaining agreements without sufficient appropriation in the Fiscal Year 2013 Annual Operating Budget, it could be considered a deficit expenditure which DOR could require the Town to raise in its Fiscal Year 2014 tax levy; WHEREAS, it is in the best interest of the Town of Agawam to appropriate sufficient funds from its certified "free cash" to fund the twenty-seventh (27`h) bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget prior to the lapse in certification of the "free cash" on June 30, 2013 and to avoid the potential of a deficit expenditure requiring an increase in the tax levy; and NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby appropriates the sum of ($� dollars from its certified "free cash, to fund the line item appropriations contained on Exhibit A which is attached hereto and incorporated herein by reference. Dated this day of PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President, Agawam City Council APPROVED AS TO FORM AND LEGALITY Vincent Gioscia, City Solicitor .,. I. r- f Off GIk TR-2013-37 C"C' CG Q A RESOLUTION APPROPRIATING FUNDS FROM Sc "FREE CASH" TO FUND THE FISCAL YEAR 2013 r molt r SUPPLEMENTAL BUDGET (Sponsored by Mayor Richard A. Cohen) WHEREAS, the Town of Agawam has budgeted for payroll expenditures on a cash basis for over twenty-five years; WHEREAS, the Fiscal Year 2013 Annual Operating Budget contains sufficient funds for twenty-six (26) bi-weekly payrolls beginning with the payroll warrant paid on July 5, 2012; WHEREAS, on June 20, 2013, the Commonwealth of Massachusetts Department of Revenue notified the Town that it is required to change its budgeting process for payroll expenditures to an accrual basis effective with Fiscal Year 2013; WHEREAS, the change from cash basis to accrual basis will require the addition of a twenty-seventh (27`h) bi-weekly payroll to the Fiscal Year 2013 Annual Operating Budget; WHEREAS_ in order to fund the twenty-seventh (27`h) bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget, an additional appropriation of Four 1-iundred Twenty Four Thousand Nine Hundred and Seven ($424,907) dollars will be necessary; WHEREAS, state and federal law and the collective bargaining agreements entered into by the Town and the Agawam Public Schools require that the Town pay its employees for services rendered on a bi-weekly basis and the next bi-weekly payroll is due to be paid on July 3, 2013; WHEREAS, the Town has sufficient funds in its certified "free cash"to fund the twenty- seventh (27`h) bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget, but the DOR certification of the "free cash" lapses on June 30, 2013; WHEREAS, if the Town pays July 3, 2013 bi-weekly payroll as required by federal and state law and the duly executed collective bargaining agreements without sufficient appropriation in the Fiscal Year 2013 Annual Operating Budget, it could be considered a deficit expenditure which DOR could require the Town to raise in its Fiscal Year 2014 tax. levy; WHEREAS, it is in the best interest of the Town of Agawam to appropriate sufficient funds from its certified "free cash" to fund the twenty-seventh (27`') bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget prior to the lapse in certification of the "free cash" on June 30, 2013 and to avoid the potential of a deficit expenditure requiring an increase in the tax levy; and NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby appropriates the sum of Four Hundred Twenty Four Thousand Nine Hundred and Seven ($424,907) dollars from its certified "free cash" to fund the line item appropriations contained on Exhibit A which is attached hereto and incorporated herein by reference. Dated this �—lth day of TA)C 12013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Jo n, President. Agawam City Council APPROVED LOFORM AND LEGALITY L11.4- incent Gioscia, City Solicitor YJ . MAYORAL ACTION �h Received this day of RA177 ' 2013 from Council Clerk. Signed by Council President this �; r -rh ' day of J—�tm� , 2013. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawaharter, as am ed, I hereby approve the passage of the above legislation on this p�8 day of U 61 , 2013. z /"':�/z-- Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this 3 day of � �/ , 2013. a� s 311-2013-37 A RESOLUTION APPROPRIATING FUNDS FROM "FREE CASH" TO FUND THE FISCAL YEAR 2013 SUPPLEMENTAL BUDGET (Sponsored by Mayor Richard A. Cohen) WHEREAS, the Town of Agawam has budgeted for payroll expenditures on a cash basis for over twenty-five years; WHEREAS, the Fiscal Year 2013 Annual Operating Budget contains sufficient funds for twenty-six (26) bi-weekly payrolls beginning with the payroll warrant paid on July S, 2012; WHEREAS, on June 20, 2013, the Commonwealth of Massachusetts Department of Revenue notified the Town that it is required to change its budgeting process for payroll expenditures to an accrual basis effective with Fiscal Year 2013: WHEREAS, the change from cash basis to accrual basis will require the addition of a twenty-seventh (27`h) bi-weekly payroll to the Fiscal Year 2013 Annual Operating Budget; WHEREAS, in order to fund the twenty-seventh (27"') bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget, an additional appropriation of Four Hundred Twenty Four Thousand Nine Hundred and Seven ($424,907) dollars will be necessary; WHEREAS, state and federal law and the collective bargaining agreements entered into by the 'Town and the Agawam Public Schools require that the Town pay its employees for services rendered on a bi-weekly basis and the next bi-weekly payroll is due to be paid on July 3, 2013: WHEREAS, the Town has sufficient funds in its certi fled "free cash" to fund the twenty- seventh (271h) bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget, but the DOR certification of the "free cash" lapses on June 30, 2013; WHEREAS, if the Town pays July 3, 2013 bi-weekly payroll as required by federal and state law and the duly executed collective bargaining agreements without sufficient appropriation in the Fiscal Year 2013 Annual Operating Budget, it could be considered a deficit expenditure which DOR could require the Town to raise in its Fiscal Year 2014 tax levy; WHEREAS, it is in the best interest of the Town of Agawam to appropriate sufficient funds from its certified "free cash" to fund the twenty-seventh (27`h) bi-weekly payroll in the Fiscal Year 2013 Annual Operating Budget prior to the lapse in certification of the "free cash" on June 30, 2013 and to avoid the potential of a deficit expenditure requiring an increase in the tax levy; and NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby appropriates the sum of Four Hundred Twenty Four Thousand Nine Hundred and Seven ($424,907) dollars from its certified "free cash" to fund the line item appropriations contained on Exhibit A which is attached hereto and incorporated herein by reference. Dated this 2-7th day of Tn}E , 2013. PER ORDER OF THE AGAWAM CITY COUNCIL r 5st—:>w-�' Christopher C. Joh# n, President, Agawam City Council APPROVED O FORM AND LEGALITY incent Gioscia, City Solicitor TOWN OF AGAWAM - FISCAL YEAR 2013 SUPPLEMENTAL BUDGET Ord; Object Fiscal2013 Proposed Fiscal2013 Account Description Code Code Adopted Supplemental Revised COUNCIL REGULAR TEMPORARY 1 1 1 1 1 51020 $ 38,033 $ 1,554 $ 39,587 MAYOR REGULAR PERMANENT 1 121 1 51010 $ 293.683 $ 12,519 $ 306,202 ADMIN BLDG. REG PERMANENT 11221 51010 $ 9,260 $ 351 $ 9,611 AUDITOR REGULAR PERM 11341 51010 $ 152,602 $ 6,066 $ -158,668 ASSESSOR REGULAR PERM 11371 51010 $ 200,655 $ 7,906 $ 208,561 TREAS-COLL REGULAR PERM 11381 51010 $ 276,006 $ 6,738 $ 282,744 IT DEPT REGULAR PERM 11541 51010 $ 137,895 $ 6,474 $ 144,369 CLERK REGULAR PERM 11611 51010 $ 188,326 $ 2,844 $ 191,170 COMM DEV REGULAR PERM 11801 51010 $ 128.696 $ 5,530 $ 134,226 POLICE REG PERM 12101 51010 $ 3,285,284 $ 88,405 $ 3,373,689 FIRE REGULAR PERMANENT 12201 51010 $ 2,907,199 $ 108,907 $ 3,016,106 INSP SERV REGULAR PERM 12501 51010 $ 265,654 $ 5,138 $ 270,792 DPW REGULAR PERMANENT 14001 51010 $ 74,046 $ 11,038 $ 85,084 MV DEPT REGULAR PERM 14901 51010 $ 118,493 $ 3,950 $ 122,443 HEALTH REGULAR PERM 15101 51010 $ 529,502 $ 15,365 $ 544,867 HEALTH REGULAR TEMP 15101 51020 $ 52,052 $ 3,208 $ 55,260 LIBRARY REGULAR PERM 16101 51010 $ 865,268 $ 32,994 $ 899,262 PARKS & REC REGULAR PERM 16201 51010 $ 123,652 $ 5,231 $ 128,883 GENERAL SCHOOL DEPARTMENT $ 34,548,490 $ 88,039 $ 34,636,529 MEDICARE INSURANCE 166031 57040 $ 600,000 S 12,650 $ 612,650 "TOTAL 1'IZOI'OSED.SUPI'LI:ML'N"I'AL APPROPRIATIONS $ 424,907 TO-2013-20 AN E.M ERG F-IM,N" l'REAtNIBLE FOR THE FISCAL YEAR 2013 SUPPLEMENTAL BUDGET (Sponsored by Mayor Richard A. Cohen) WHEREAS, the Town of Agawam has budgeted for payroll expenditures on a cash basis for over twenty-five years; WHEREAS, on June 20, 201 i, the Commonwealth of Massachusetts Departillent Ql IZeye11L1e notified the Town that it is retluired to change its budgeting process for payroll expenditures to an ,accrual basis effective with Fiscal Year 201 «rl•11?REAS, the change from cash hasis to accrual basis will require the addition of'a twenty-seventh (27'h) bi-weekly payroll to the Fiscal Year 2013 Annual Operating Budget: WHERE'AS, state and Iedural law and the collective hargairling agreements entered into by the 'town and the AgmMam I'Liblic Schools require that the Town pay its employees Im services rendered on a bi-weckky basis and the next bi-weekly payroll is due to be paid on July 3, 2013. WHEREAS, the Town has suf ttcient funds in its certified "free cash" to fund the I�menty-seventh (27"h) bi-wcck€y payroll in the fiscal Year 20135 Annual Operating Budget, but the DOR ce:rtitication ol•the "frCC c,ish" Itpses oil .tune 30_ ')013; WHEREAS, if' the Town pays July 3, 2013 bi-weekly payroll as required by federal and state law and the duly executed collective bargaining, agreements without sufficient appropriation in the Distal Year 2013 Annual Operating Budget, it could be considered a deficit exhenditurc which 1)C)]Z could rc�uire the Town to raise in its I isca€ Year 2014 tax lcvv; and WHE� IZI AS, it is in the best interest of the "town of Agawam to appropriate sufficient funds frorll its certified "firec cash" to fund the twenty-seventh (271h) bi-weekly payroll in the 1 iseal Year 2013 ;annual Operatin�� i3udget. prior to the lapse ill certification of the "free cash" on .lout' i0, 201 atici to avoid the potential of a deficit expenditure requiring all increase in the tax levy; and 1 1 NOW THEREFORE, the Agawam City Council hereby declares pursuant co Section 2-9(b) of the; Agawam Home Rule Charter that an ernergency exists and hereby approves this Emergency Preamble to the Fiscal Year 2013) Supplemental Budget. Dated this :a�1 day of �v'�` �. _• 2013. PEIR ORDER C);., 'f'HE A(;ANVANI C1T)' (1:0L.;cNC11, Christopher C. 3o zson, President APPROVED - TO FORM AND LEC"ALITY r 1 Vinccnt F. Gioscia. Cite Soficitol, 1