TR-2015-49 NOT SUBMITTED GOLF - CHRIS JOHNSON 60 MOM
TR-2015-49
A RESOLUTION APPROPRIATING FUNDS FROM
GOLF COURSE RETAINED EARNINGS TO THE GENERAL FUND
(Sponsored by Councilor Christopher C.Johnson)
WHEREAS, the Agawam Municipal Golf Course currently has certified retained earnings
in the amount of$139,178.00;
WHEREAS, in Fiscal Year 2014 and Fiscal Year 2015, the General Fund provided the
Agawam Municipal Golf Course with $440,826.65 in direct funding assistance as set forth below
(not including the General Fund paving funds of$57,527.81 that were utilized to resurface the
golf course parking lot):
Resolution Amount Reason
TR-2014-3 $ 251,841.00 golf carts
TR-2014-45 $ 22,245.20 fund FY14 operating deficit
TR-2014-46 $ 91,000.00 supplement FY15 operating budget
TR-2015-31 $ 70,712.00 lawn mower
TO-2015-42 S 5,028.45 pay "lost" FY15 bills
TOTAL $ 440,826.65
WHEREAS, on each occasion that the Council appropriated money from the General
Fund to subsidize the Agawam Municipal Golf Course at the request of the Administration, it
was the desire of the Council that once the Golf Enterprise Fund had retained earnings, that the
General Fund would be repaid;
WHEREAS, the Commonwealth of Massachusetts Division of Local Services Enterprise
Fund Manual provides in pertinent part that enterprise fund retained earnings may be utilized
to: "reimburse to the General or other fund for subsidized capital costs of the enterprise not
already reimbursed for the two full, immediately prior, fiscal years";
WHEREAS, if the Council does not appropriate the current golf course retained earnings
during Fiscal Year 2016 to reimburse the General Fund for capital costs paid in Fiscal Year 2014,
it will lose the ability to repay even a portion of the $365,086.20 of taxpayer money utilized in
Fiscal Year 2014 to subsidize the Agawam Municipal Golf Course;
WHEREAS, it is in the best interests of the Town of Agawam to appropriate the Agawam
Municipal Golf Course certified retained earnings to reimburse the General Fund for subsidized
capital costs the General Fund paid during Fiscal Year 2014; and
NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby appropriates
the sum of$139,178.00 from Agawam Municipal Golf Course certified retained earnings to the
General Fund to reimburse the General Fund for subsidized capital costs paid by the General
Fund on behalf of the Agawam Municipal Golf Course in Fiscal Year 2014.
Dated this day of . 201_
PER ORDER OF THE AGAWAM CITY COUNCIL
President, Agawam City Council
APPROVED AS TO FORM AND LEGALITY
Vincent Gioscia, City Solicitor
TR-2015-49
A RESOLUTION APPROPRIATING FUNDS FROM
GOLF COURSE RETAINED EARNINGS TO THE GENERAL FUND
(Sponsored by Councilor Christopher C.Johnson)
WHEREAS, the Agawam Municipal Golf Course currently has certified retained earnings
in the amount of$139,178.00;
WHEREAS, in Fiscal Year 2014 and Fiscal Year 2015, the General Fund provided the
Agawam Municipal Golf Course with $440,826.65 in direct funding assistance as set forth below
(not including the General Fund paving funds of$57,527.81 that were utilized to resurface the
golf course parking lot):
Resolution Amount Reason
TR-2014-3 $ 251,841.00 golf carts
TR-2014-45 $ 22,245.20 fund FY14 operating deficit
TR-2014-46 $ 91,000.00 supplement FY15 operating budget
TR-2015-31 $ 70,712.00 lawn mower
TO-2015-42 5,028.45 pay "lost" FY15 bills
TOTAL 440,826.65
WHEREAS, on each occasion that the Council appropriated money from the General
Fund to subsidize the Agawam Municipal Golf Course at the request of the Administration, it
was the desire of the Council that once the Golf Enterprise Fund had retained earnings,that the
General Fund would be repaid;
WHEREAS, the Commonwealth of Massachusetts Division of Local Services Enterprise
Fund Manual provides in pertinent part that enterprise fund retained earnings may be utilized
to: "reimburse to the General or other fund for subsidized capital costs of the enterprise not
already reimbursed for the two full, immediately prior, fiscal years";
WHEREAS, if the Council does not appropriate the current golf course retained earnings
during Fiscal Year 2016 to reimburse the General Fund for capital costs paid in Fiscal Year 2014,
it will lose the ability to repay even a portion of the$365,086.20 of taxpayer money utilized in
Fiscal Year 2014 to subsidize the Agawam Municipal Golf Course;
WHEREAS, it is in the best interests of the Town of Agawam to appropriate the Agawam
Municipal Golf Course certified retained earnings to reimburse the General Fund for subsidized
capital costs the General Fund paid daring Fiscal Year 2014; and
NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby appropriates
the sum of$139,178.00 from Agawam Municipal Golf Course certified retained earnings to the
General Fund to reimburse the General Fund for subsidized capital costs paid by the General
Fund on behalf of the Agawam Municipal Golf Course in Fiscal Year 2014.
Dated this day of_ _ . 201„
PER ORDER OF THE AGAWAM CITY COUNCIL
President, Agawam City Council
APPROVED AS TO FORM AND LEGALITY
Vincent Gioscia, City Solicitor
Agawam •
Memo
To: Agawam City Council
From: Vincent Gioscia, Esq.
CC: Mayor Richard A Cohen
Date: 12/2/2015
Re: TR-2015-49
am in receipt of TR-2015-49 a Resolution Appropriating Funds from Golf Course Retained Earnings to
the General Fund. It is correct that the Enterprise Fund can payback amounts owed. The procedure to
do so is presented in M.G.L. c. 44 s. 33 as there is no exception from the Municipal Finance law
regarding enterprise funds. "An Enterprise Fund is a separate accounting and financial reporting
mechanism. . ." Municipal Finance Glossary, May 2008; Massachusetts Department of Revenue
Division of Local Services. http://www.mass.govldor/docs/dWpubUmisc/dismfgl.pdf
In case of the failure of the mayor to transmit to the city council a written
recommendation for an appropriation for any purpose not included in the
annual budget, which is deemed necessary by the council, after having been
so requested by vote thereof, said council, after the expiration of seven days
from such vote, upon its own initiative may make such appropriation by a vote
of at least two thirds of its members, and shall in all cases clearly specify the
amount to be expended for each particular purpose, but no appropriation may
be voted hereunder so as to fix specific salaries of employees under the
direction of boards elected by the people, other than the city council. M.G.L. c.
44s. 33.
Furthermore, I have examined the Resolutions cited in Councilor Johnson's draft of TR-2015-49 and
must look to the legislative intent of the resolutions. There is no repayment requirement in TO-2015-42
as it is a Budgetary Transfer passed by the Council; the same is true of the appropriations in TR-2014-
45 and TR-2014-46, Therefore, the legislative intent upon passage indicates that there would be no
repayment requirement. TR-2014-3 was amended by the Council to reflect a repayment period of ten
(10) years and TR-2014-31 contains an open ended repayment clause. Both are contrary to the
authority cited in Mr. Johnson's Memorandum of November 30, 2015.
There has been no written recommendation for an appropriation pursuant to M.G.L. c. 44 s. 33 to the
Mayor. The procedure in M.G.L. c. 44 s. 33 must be adhered to. Therefore, I decline to endorse the
resolution.
I have spoken to Mayor Cohen regarding this matter, as a result of our discussions the Mayor does
desire to retire a portion of the funds to reimburse the General Fund, and would propose an amount of
$25,000.00 at this time. He would do this upon the recommendation of the Council as outlined in M.G.L
1
44 s. 33. This would allow sufficient funds for the purchase of food and other consumables and
expenses required in the spring when the golf course resumes operation.
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