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HomeMy WebLinkAbout2015-06-02 Board of Selectmen Handout DRAFT MOTIONS BOARD OF SELECTMEN MEETING JUNE 2, 2015 Ensminger, Halsey, Sexton, Arena, Berman LeLacheur 5a) Move that the Board of Selectmen appoint the firm of Miyares and Harrington as Town Counsel. 5c) Move that the Board of Selectmen close the hearing on the second driveway request for 137 — 139 Salem Street. Move that the Board of Selectmen approve the proposed driveway separation for 137 — 139 Salem Street as indicated on the plan by Christiansen & Sergfi, Inc. dated April 16, 2015 subject to the following conditions: 1. That the applicant submit a grading plan to Engineering for review and approval as a substantial grade differential exists to each of the abutting properties; 2. The existing shared driveway does not have an outstanding legal document prohibiting this action. 8a) Move that the Board of Selectmen go into Executive Session to discuss strategy with respect to collective bargaining, and that the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body and not to come back into Open Session. JA JH DE KS BB (-0 May 24, 2015 Dear Reading Board of Selectman; I want to thank you all for your recent decision to add my name to the baseball complex at Birch Meadow. Never in my wildest dreams, when I was a 23-year old first-year RMHS Varsity Baseball Coach, did I think this could happen! So I thank you all from the bottom of my heart for this great honor. Newt Morton was my Pony League coach in 1966-1968 and gave me my first opportunity to play on the field we called "Birch Meadow." So I am very proud to have my name connected with Newt Morton's just as I was proud to play on, coach on, and run summer camps on Morton Field for 45 years. It has been wonderful to see that field evolve from a barely-playable swamp to the gem of a field it is now; one that is a joy for players, coaches, and spectators, as well as a source of pride for our community. And I look forward to even more enhancements that are coming in the near future. In my opinion, although my name will appear at the field, the recognition belongs to all my players, Assistant Coaches, parents, and fans, as well as my family members—all of whom took a great part in making Reading High School Baseball a special and rewarding experience during my 35-year tenure. Thank you all for your kind words of support on May 5 and your unanimous approval of the proposal. I watched the meeting on TV with my mother (who, along with my late dad, watched more games at that field than anybody!) and she was thrilled by your decision. So I thank you deeply for doing something that means so much to my parents. Lastly, special thanks to my great friend,John Halsey, who spearheaded this venture and worked hard, behind and in front of the scenes, to make this happen. Pete Moscariello Ballpark would never have happened, and that field would not be nearly as beautiful without John's diligent efforts. With much gratitude and humility, Pete Moscariello C95 Town of Reading March 24, 2015 Friends and Famil Development Review Team Meeting Tuesday, March 24, 2015 Friends and Family Day Staff Present(see attached sign in sheet for contact info): Town Manager Bob LeLacheur,Deputy Police Chief Mark Segalla, Community Services Director John Feudo, Public Works Director Jeff Zager, Community Development Director Jessie Wilson Others Present: Nancy Jenny—Lions Club Applicant: Lions Club—Friends and Family Day Material Reviewed: Application for Civic Function Permit The Lions Club holds annual Friends and Family Day at the Birch Meadow field complex. This year's event will be the 12th year and is essentially the same each year. There are approximately 70-80 vendor booths and approximately 1,000— 1,500 people attend. The event is scheduled for June 13, 201 and runs from 11 AM to 3PM. The fireworks begin at approximately 9:15PM. Registration and set up begins at 7:30AM but most of the activity starts around 9AM. There is no rain date so the event will occur rain or shine. Most of the vendors are non- profit clubs and organizations, however there are a few retailers involved in the event. All food vendors or venders serving food are required to receive a foot permit from the Health Department. RMLD provides temporary electrical services for the vendors. Patrons of the event park at Coolidge Middle School and along Birch Meadow Drive. There is generally no issue with parking. It was agreed that Police and DPW will manage the site to prevent vehicles from parking at the registration area and the area formerly known as Imagination Station. Trash and recycle barrels are provided as well as portable restroom facilities. The DPW does a complete clean up on Sunday after the event. The following is a list of comments from the DRT. Items listed in bold should be addressed prior to the event. Page 1of3 (3 Town of Reading March 24, 2015 Friends and Family Day DRT Comments Action Items in Bold 1 Planning Comment Policy/Regulation Status 1. Food Permits Ensure all food vendors or vendors Board of Health Planning will follow-up serving food receive temporary foot Regulations with the Health Director permit from the Health Department. in regards to vendors handing out food (treats) and not necessarily selling food. 2. Promotion The Community Services Department Applicant noted. will include the event in an upcoming "Bi-Weekly Update". 3. RMLD Ensure coordination with RMLD for the Applicant noted. electric services Town Manager Comment Policy/Regulation Status 1. Portable The Town Manager has a policy on Town Managers Applicant noted. Restrooms Portable Restroom Units Policy Police Comment Policy/Regulation Status 1.No Parking The Police Department will assist with Applicant noted. blocking the road as needed for the event. 3. Permits/Licenses Permits and Licenses will be verified for Applicant noted. food truck/vans serving the event. This will include any ice cream trucks and the Cupcake City van. 4. Fireworks A reverse 911 is issued to the abutters to Applicant noted. remind them of the firework show that evening. 5. Message Boards An electronic message board will be Applicant noted. active a few days prior to notify residents of the event. Recreation Comment Policy/Regulation Status 1. Fire Department The Fireworks celebration will need to NA Applicant noted. be permitted with the Reading Fire Department and the State Fire Marshall's Office. 2. Food Vendors All Food Vendors require approval NA Applicant noted. from the Health Department 3. Sporting Some sporting events will be on-going Applicant noted. Activities during the event at the stadium. It is not known at this time whether turf 2 will be used. IPage 2 of 3 1 Town of Reading March 24, 2015 Friends and Family Day DPW Comment Policy/Regulation Status 1. Cleanup Clean up is completed at the end of the Applicant noted. day and on Sunday. 2. Parking DPW will supply a truck to help prevent Applicant noted. • parking at the registration area. 4. Sprinklers DPW will coordinate with the Tree NA Applicant noted. Warden to adjust the field sprinklers for the weekend. 5. Trash/Recycling DPW will provide trash and recycling NA Applicant Noted bins. It was suggested to have more bins this year and have them clearly labeled Trash or Recycling. Page 3 of 3 • LEGAL NOTICE 6'.--664'. f RFgn� j` - ci.O TT .,,,fi�rr TOWN OF READING To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will hold public hearing on June 2, 201 at 8:00 p.m. in the Selectmen's Meeting Room, 16 Lgweli Street, Reading; Massachusetts on a drivewayt variance at 137 139. S+aleni Street. A copy of. the proposed document regarding this.topi4 is available in the .,Tgwrl Manager's office, 16 Lower Street, Reading, MA, 'M-Ws Thurs from 7:30 a.m. : ;9:301 p.m., Tues from 7:30 a,m. 11 7:00 p.m. and is attached td the hearing notice on the web4 site at vvww.readingma.gov' All interested parties are invited to attend the hearing; or may submit their commente in writing or by email prior to 6:00 p.m. on June 2, 20*5 ttf townmanager @ci.reading.ta.i By ordet of Robert W. LeLacherg Town Manatie� ,.i 5.27.15 : :::1 9 3- I • ttiC uGu ,� ;• � T 6,.'K �_ ,, - TAT.-L�- ' ..tcltlical4 qv, v_. U ti AI,� ,r „: X ,' * 1iII \ \ LOCUS MAP Mama...NPN••, �\ \\ ``\' �� \ \ ASSESSORS REFERENCE• �.,- 1._ \\�� ._�i. `. , \ . .,-�_ � • \ .�\�\\ \\\ DEED am r2 LOT 2211 REFERENCE '' .� 'A.� �f arm,. �F .. ,2'Y�:A4_, ZONING DISTRICT:S-15 /// �. (FOR ONE QTFA�Y OAELLf10) RN RNA TANN NTT I 7 � SIWREO j��� + � M� I EwSTINO OM URA./ y x Nunn us WARE/004RJ DP. ���/ TMOIAMEY j 7/ 'r r• 'r • t I JOYCE A PAQUETTE.H al � 11A•130 1 INTO. , k PROFOSEO IMO FAMILY DNSWNO r o READNM,IN OI�T sassmota IONISSLOT OS AMNON I -- LI I NOTES: I I I Nt a 00•1240S 0�D °a I TN!PROPlATY LINOS,WSTNO NOUN LOCAT ON, EROES OF PAVEMENT,ETC.NAPE USE TAKEN I I 4 I I 4 FROM THE TOWN OF REAOINO OMUNE ELI A.MAYS LOT 22-229 8 LOT 22-229 8 AND SHOULD RE CONSIDERED AS APPROXIMATE. AREA•23MSI OF. I I AREA 2S.4 S 8.F. I 1 I ' I ultIIMOKII L _ ..9D.1P->...a, ,M F.,I.. _ J AMMON. L ammo ammo comm UK ) j •A•>LLOem MAIM LOT NT • MAO \ A•N•NRIII KAP NOR 20 r AMNON \ 04112.1•02S 4.1.Maar NI WO aux s PRELIMINARY SITE PLAN EXISTING CONDITIONS PLAN PROPOSED CONDITIONS PLAN F0f 137-139 SALEM STREET Mn w ...E.•o .ore>•>s READING.MASS. OATE'.APRIL 55 2015 APPUCANT ALBERT COUILLARD s MARION AVENUE OROVEUNO.MAOfISD CIS'® PROFESMOWLL ENONEERS a WD SURVEYORS CHRISTIANSEN d SERGI,INC. lw duNUEA ST ru FAA 9/0•27 Mn NW YACORR .,201S TEL D)AUlp)f0 FAA ]WBJ COrRRM(Rl IDq oxo VT MINN 1\ \l 1111111111d 2c_04,_ 26 N a N i.. 1, J w 16 il MO2 78 `�, .F:1 g o,' m ,3 ilk _.-1,L1 I i a m _I-----1 ■- 22-273 -3 22-308 22-30' 22-320 ■ l •22 8 22 imi 1111 1,fi , Vi 111 rrlurn ' ll • ��' ' + 152 154 v `fir .. 119 123 55-15 3 ? IP il- -139 .3 145 II A . 2 - 16 2•22-12; 22-22 ''2-230 . Illiji --; 9 2 T Z Okiji , . 2-226 • 111111>. - 22-214"pi. , -124 25 0 50 100 200 300 Mr"Feet �4 __1�� V I -- _ .- IrVall law oF,./. Abutters List (N Town of Reading ))) G ' .6., , .,, FY16 Parcels �HCORf _ / CHEVERIE PHILIP J JR RAMOS TONY PRATT MARGARET V KAREN M CHEVERIE RAMOS DIANA V 136 SALEM ST 128 SALEM ST 131 SALEM ST READING, MA 01867 READING,MA 01867 READING,MA 01867 MAILLETT RAYMOND P ETAL(LE) DAVIS WILLIAM R JR ESLAMI MANSOUR JOYCE A PAQUETTE ETAL 83 WACHUSETT RD 144 SALEM ST 137 SALEM ST NEEDHAM, MA 02492 READING,MA 01867 READING,MA 01867 HEALY BRIAN MOSQUEDA LEE A HOWELL BLAIR J MARYBETH BAKER JILL K SANDERSON NANCY H HOWELL 143 SALEM ST 145 SALEM STREET 148 SALEM ST READING,MA 01867 READING,MA 01867 READING, MA 01867 • (01 LeLacheur, Bob From: Zambouras, George Sent: Monday,June 01, 2015 5:04 PM To: LeLacheur, Bob; Zager, Jeff; Huggins,Joe; Cormier, James; Segalla, Mark Cc: Wilson, Jessie Subject: RE: Al Couillard - Salem Street Bob, Engineering does not object to the proposed driveway separation as indicated on the plan by Christiansen & Sergfi, Inc. dated April 16, 2015 subject to the following comments: The applicant should submit a grading plan to Engineering for review and approval, as a substantial grade differential exists to each of the abutting properties and we question how the driveways will be constructed as shown on the plan. As the existing driveway was shared, does a legal document exist which would prohibit the applicant from removing a portion the shared driveway? If a document does exist it should be furnished to the Town for review. George J. Zambouras. P.1 . Town Engineer 781-942-6683 781-942-5441(lax) Email: gzambouras@ci.reading.ma.us Please note Town Hall Hours Monday, Wednesday and Thursday: 7:30 am - 5:30 p.m. Tuesday 7:30 a.m. -7:00 p.m. Friday: CLOSED From: LeLacheur, Bob Sent: Sunday, May 31, 2015 5:27 PM To: Zambouras, George; Zager, Jeff; Huggins, Joe; Cormier, James; Segalla, Mark Cc: Wilson, Jessie Subject: RE: Al Couillard - Salem Street Reminder—I need this early next week. Robert W. LeLacheur,Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanagerPci.readina.ma.us (P) 781-942-9043; (F) 781-942-9037 www.readinqma.qov; Please fill out our brief customer service survey at: http://readingma-survey.virtualtownhall.net/survey/sid/ff5d3a5f03e8eb60/ 1 0 LeLacheur, Bob From: Cormier, James Sent: Sunday, May 31, 2015 8:30 PM To: LeLacheur, Bob Subject: Re: Al Couillard - Salem Street I looked at it as did Dave Savio, I see no problems with the request from our perspective. Jim Chief James W.Cormier Town of Reading, MA Police Department 15 Union St. Reading, MA 01867 FBINAA 233 781-944-1212 On May 31, 2015, at 5:27 PM, LeLacheur, Bob <blelacheur @ci.reading.ma.us>wrote: Reminder—I need this early next week. Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 town manager@ci.reading.ma.us (P) 781-942-9043; (F) 781-942-9037 www.readinqma.qov; Please fill out our brief customer service survey at http://readingma-survev.virtualtownhall.net/survey/sid/ff5d3a5f03e8eb60/ Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED From: LeLacheur, Bob Sent: Thursday, May 28, 2015 1:59 PM To: Zambouras, George; Zager, Jeff; Huggins, Joe; Cormier, James; Segalla, Mark (msegalla(aci.reading.ma.us) Cc: Wilson, Jessie Subject: FW: Al Couillard - Salem Street Importance: High Attached is a proposed change to the driveway layout on 137-139 Salem Street,opposite Pierce Street. Please send comments to me by Tuesday mid-day, in advance of a Hearing next Tuesday night at the Selectmen's meeting. Thanks, Bob 1 LeLacheur, Bob From: Zager,Jeff Sent: Monday, June 01, 2015 11:47 AM To: LeLacheur, Bob; Zambouras, George; Huggins, Joe; Cormier, James; Segalla, Mark Cc: Wilson, Jessie Subject: RE:Al Couillard - Salem Street Bob; I am ok with this request. I will follow up with engineering to get any potential comments. Thanks, Jeff Jeffrey T. Zager 16 Lowell Street Reading MA 01867 Tel: 781-942-9077 Fax: 781-942-9081 Please let us know how we are doing -fill out our brief customer service survey at http://readingma- survev.virtualtownhall.net/survey/sid/19ab55aed08fbc96/ web: www.readingma.gov izager aci.reading.ma.us From: LeLacheur, Bob Sent: Sunday, May 31, 2015 5:27 PM To: Zambouras, George; Zager, Jeff; Huggins, Joe; Cormier, James; Segalla, Mark Cc: Wilson, Jessie Subject: RE: Al Couillard - Salem Street Reminder—I need this early next week. Robert W. LeLacheur,Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanagerPci.readinq.ma.us (P) 781-942-9043; (F) 781-942-9037 www.readinqma.qov; Please fill out our brief customer service survey at http://readingma-survey.virtualtownhall.net/survey/sid/ff5d3a5f03e8eb60/ 1 1P ,4 q,6ti c `� Office of the Town Manager 781-942-9043 :;� o/ 16 Lowell Street townmanager @ci.reading.ma.us \6�9'fHCOR"' Reading, MA 01867 www.readingma.gov/town-manager To: Neighbors to the Birch Meadow fields From: Robert W. LeLacheur, Jr. CFA Date: May 27, 2015 RE: Boards of Selectmen invitation CC: Board of Selectmen On behalf of the Board of Selectmen, please allow me to invite you to attend their meeting next week on June 2nd to discuss initial plans and thoughts about the upcoming changes to the Birch Meadow recreational area, beginning with field lighting. An agenda item for this discussion is scheduled for 8:15pm. While this is not a formal Hearing, the Board also welcomes your thoughts in writing, either in advance or any time afterwards. Please feel free to correspond with me at the address listed above or send your comments to selectmen @ci.reading.ma.us . This meeting next week is expected to be followed by an additional two or three meetings held in conjunction with the Recreation Committee over the upcoming months. Specifically, the Recreation Committee will soon be surveying the community as to proposed uses of our town fields. Next week, the Selectmen will discuss the five Birch Meadow fields scheduled to have field lights. They will review the current users and their pattern of usage; they will also discuss parking, noise, signage, current light spillage and hours of operation. Staff has developed some initial thoughts towards mitigation of expected increased field usage to share with the Board and the neighbors. Please feel free to pass along this invitation to anyone that you think might be interested. lip ..,..5- 1 LeLacheur, Bob From: David Swyter <dswyter163 @aol.com> Sent: Sunday, May 31, 2015 10:06 AM To: Town Manager Subject: Birch Meadow Fields Morning Bob, I received your notice dated May 27th on May 29th. Thanks for keeping me in the loop. As the majority of us have no background information on the subject matter I would assume that we will be listening to a presentation, with little discussion. I would suggest that we start with the end in mind, by defining the current and proposed Birch Meadow Recreating areas usage, including related parking, traffic, noise, signage, current light spillage and glare, hours of operation, operational and capital costs, assignment of fees based on costs, etc. Once a end has been defined than the finer design details can be concluded with an approval by the voters. This should be a community action made with the input of users, neighbors, tax payers, and registered voters in the Town of Reading. A discussion of lighting would seem to be the tail wagging the dog. Could you send me the agenda item and the supporting documentation being presented for discussion at the June 2nd meeting. I can stop my Town Hall on Monday. Thanks, David Swyter 98 Hartshorn Street Reading, MA 01867-2063 781-944-5720 home 781-439-9094 cell dswyter163(c�aol.com • 1 "IV MI O N McPDOW O� �h'•. om G GilI E L D Noi•USE‘, Vioi Att.., Aft* o 1110 tir4 ,4*,(0*\ 1::::, i ,-,,vic;R„;_ 1 41kvt'' 644,11014. ..s4* " ,• . 1 pi 40 ‘11kszikloys. ton 00 04A*4*\- ii\\14• '-iv7 * di pg. Q N iv-r04?k$4P4otlevEm '00.4 bittyltvv\totosital- *mai VP* . ,. \Iti \Nt. .e--:43\...4111■3•01rso 0 tO 4414s0 it ■ 9 tici 19 23 Amick, � � � . � cou 19 1 t0 50100 200 300 Fee 70 0. ,. - ,o;; OFHO'� Abutters List x. a Town of Reading \ o p�" FY16 Parcels \ / 0 S6 Z BOWEN ROBERT M JOHNSON RANDY D LEACH JO ANNE M ANNE L BOWEN KATHERINE R JOHNSON 41 PURITAN ROAD 26 JOHN CARVER RD 23 JOHN CARVER RD READING, MA 01867 READING,MA 01867 READING,MA 01867 CIAVARRI JEFFERY P PARKER MARSTEN H SUMNER JOHN E LAUREL M DERSCH LORI K RENN PATTY-RAE SUMNER 30 WINTHROP AVE 42 WINTHROP AVE 52 WINTHROP AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 ORTINS MARC MCCONNELL CARY F NELSON MARK E SARA ORTINS KATHRYN B MCCONNELL CYNTHIA J NELSON 60 WINTHROP ST 66 WINTHROP AVENUE 71 WINTHROP AVENUE READING,MA 01867 READING,MA 01867 READING,MA 01867 STRUBLE JEFFREY W RAFUSE DANIEL B SARAZEN LEO H RUTIGLIANO CHRISTINE NANCY E JOHNSTONE-RAFUSE SUSAN M SARAZEN 4 TOWER ROAD 3 TOWER RD 51 WINTHROP AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 SASSER ALICIA C ZACCAGNINI JAMES F COOLEY BRIAN 47 WINTHROP AVE JEAN M ZACCAGNINI 40 HANSCOM AVE READING,MA 01867 1 WESTON RD READING,MA 01867 READING,MA 01867 KIRWAN TIMOTHY P MICHAUD DAVID C STORELLA PATRICIA M MARY ELLEN KIRWAN WHITNEY B PERKINS ALIDA MCGOLDRICK 48 HANSCOM AVE 54 HANSCOM AVE 60 HANSCOM AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 COMMITO ROBERT F WILCOX JONATHAN L VILMUNEN ERIK S CATHY ELLEN COMMITO ALISON B WILCOX KIMBERLY VILMUNEN 78 HANSCOM AVENUE 84 HANSCOM AVE 69 HANSCOM AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 RUSH MICHAEL W PADULA ALAN KOZLOWSKI NORMAN F DEBORAH R RUSH STODDARD BARBARA M MARY ANN KOZLOWSKI 65 HANSCOM AVE 59 HANSCOM AVENUE 16 WESTON RD READING,MA 01867 READING,MA 01867 READING,MA 01867 HART ALFRED L GAMMON GEORGE A CRISPO DAVID C TRUSTEE LOUISE M HART STEPHANIE R GAMMON 174 BANCROFT AVENUE REALTY 37 HANSCOM AVE 24 WESTON RD TRUST READING,MA 01867 READING,MA 01867 174 BANCROFT AVE READING,MA 01867 DUNNELL JOHN R JR MUSTO LUGI MCCABE EDWARD T KERRY C DUNNELL JUSTINE MUSTO ANN M MCCABE 182 BANCROFT AVE 186 BANCROFT AVE 181 BANCROFT AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 li° S�3 PELRINE JOSPEH M SORENSON JOHN E VLAMIS DIANA 175 BANCROFT AVE JOANNE C SORENSON 165 BANCROFT AVE READING,MA 01867 171 BANCROFT AVE READING, MA 01867 READING, MA 01867 PFEIFFER JOHN L JR CREAMER JOAN A MARTELL DANIEL CINDY L PFEIFFER 153 BANCROFT AVE KERRI MARTELL 38 WESTON ROAD READING,MA 01867 16 LONGFELLOW RD READING,MA 01867 READING,MA 01867 LEE SCOTT M WILLIAMS RICHARD C WALSH DAVID M HEATHER B LEE LYNNA B WILLIAMS JANE M WALSH 43 WESTON RD 78 WINTHROP AVE 77 WINTHROP AVE READING,MA 01867 READING,MA 01867 READING, MA 01867 BROWN JOSEPH E TRUSTEE NICHOLS JEFFRY C KING THOMAS G JOSEPH BROWN REVOC LIVING NICOLE M NICHOLS JOANNE E KING TRUST 92 HANSCOM AVE 102 HANSCOM AVE 88 HANSCOM AVE READING,MA 01867 READING, MA 01867 READING,MA 01867 ZIEGLER WILLIAM CARPENTER JOHN E CAMPBELL ANDREW J CARLENE ZIEGLER 114 HANSCOM AVE MICHELLE B CAMPBELL 92 HARTSHORN ST READING,MA 01867 120 HANSCOM AVE READING,MA 01867 READING,MA 01867 FULEIHAN FARID SCHUBERT RICHARD W ASCI MICHAEL J SUSAN FULEIHAN VICTORIA F SCHUBERT ASCI CYNTHIA W 126 HANSCOM AVE 119 WINTHROP AVE 113 WINTHROP AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 DOWNEY KENNETH R MILLER ROBERT M WEBER JONATHAN C MARY ELLEN DOWNEY 101 WINTHROP AVE CORRINE L WEBER 107 WINTHROP AVE READING,MA 01867 84 HARTSHORN STREET READING,MA 01867 READING,MA 01867 FINLAYSON DANA C WEIR TERENCE J CRUPI BENEDICT T ETAL CO-TRS LYNNE A CASSINARI LORIANN CALDERBANK WEIR BTC/JMC REALTY TRUST 78 HARTSHORN STREET 102 WINTHROP AVE 112 WINTHROP AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 HATCH THOMAS L JR DUMAS JAMES J FRENI RONALD J LAURA E RYAN KATHLEEN M DUMAS 75 JOHN CARVER RD 83 JOHN CARVER RD 77 JOHN CARVER RD READING,MA 01867 READING,MA 01867 READING,MA 01867 COLLINS STEVEN 0 STAMATIS DAVID M GALDOS MEAGHANN EILEEN M COLLINS DONNA M STAMATIS MICHAEL GALDOS 65 JOHN CARVER ROAD 61 JOHN CARVER RD 72 HARTSHORN ST READING,MA 01867 READING,MA 01867 READING,MA 01867 cl ROSTRUM RICHARD L CARUSO CHRISTOPHER LORDAN WILLIAM D ELAINE M ROSTRUM ANDREA L CARUSO PAMELA M LORDAN 85 HARTSHORN ST 77 HARTSHORN STREET 84 WINTHROP AVE READING,MA 01867 READING,MA 01867 READING, MA 01867 MACPHEE GORDON W THURNAUER ANDREW ABBOTT JAMES W MARGARET K MACPHEE MAUREEN MURRAY THURNAUER SUZANNE M ABBOTT 39 JOHN CARVER RD 43 JOHN CARVER ROAD 75 HARTSHORN ST READING,MA 01867 READING,MA 01867 READING, MA 01867 KIENE LINDA M WIESE PETER C III HAMWEY EMILE J THOMAS R WALSH DEBORAH W WIESE JOSEPHINE M HAMWEY 42 JOHN CARVER RD 50 JOHN CARVER RD 62 HARTSHORN ST READING,MA 01867 READING,MA 01867 READING, MA 01867 KIMERER BRIAN S CURRY PETER R KIMBALL ROBERT PARKER LAUREN M KIMERER MARION L CURRY MARY B KIMBALL 66 JOHN CARVER RD 72 JOHN CARVER RD 27 LONGFELLOW ROAD READING,MA 01867 READING,MA 01867 READING,MA 01867 REILLY TIMOTHY J AVALOS OSCAR RENE GRASSI ANTHONY J ERIN E REILLY CANDIS DIANA AVALOS KELLEY A GRASSI 187 BANCROFT AVE 83 HANSCOM AVE 95 HANSCOM AVENUE READING,MA 01867 READING,MA 01867 READING,MA 01867 TIERNEY MARK S BLACK LINDA M DUPONT JOHN G 103 HARTSHORN ST 212 BANCROFT AVE JEAN R DUPONT READING,MA 01867 READING,MA 01867 206 BANCROFT AVE READING,MA 01867 DISSEL KEITH L LEBLANC MARIE S RODGERS SUJATA M 202 BANCROFT AVE 24 TOWER RD GEORGE T RODGERS JR READING,MA 01867 READING,MA 01867 193 BANCROFT AVE READING,MA 01867 METRANO JAMES L(LE) COWAL EDWARD D FARRELL MARK CAROL D METRANO(LE) KRISTINE DENIETOLIS COWAL ANA-MARIA K FARRELL 199 BANCROFT AVE 205 BANCROFT AVE 211 BANCROFT AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 CORLISS STEVEN C TOWN OF READING GILLIGAN LAWRENCE M TRUSTEE SANDRA CORLISS PARK BANCROFT AVENUE REALTY TRUST 215 BANCROFT AVE 16 LOWELL ST 236 BANCROFT AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 MOORE PATRICK K FRATTO THOMAS G JR SEGALLA JOHN C KATHLEEN S MOORE SHANNON M FRATTO SEGALLA MARY E 230 BANCROFT AVE 104 HARTSHORN ST 115 HANSCOM AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 6 ;J IORIO ROBERT A CHOI HYUNG-TAE ELIOT MILLER-SULLIVAN SUZANNE C ETAL IORIO MARY T YOONJI CHOI 80 JOHN CARVER RD 121 HANSCOM AVE 125 HANSCOM AVE READING, MA 01867 READING,MA 01867 READING, MA 01867 DONOHUE EDWARD 0 SCOTT JOHN W WILLIAMSON CHRISTIE A ANN K NORBERG JULIE B SCOTT CHRISTOPHER R JARVIS 84 JOHN CARVER RD 129 HANSCOM AVE 6 WOODLAND ST READING,MA 01867 READING,MA 01867 READING,MA 01867 TUCKER ROBERT M LIZOTTE JUSTIN T CREAMER DANIEL MICHELE M TUCKER AMY E LIZOTTE PAMELA T CREAMER 12 WOODLAND ST 246 BANCROFT AVE 242 BANCROFT AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 LELACHEUR DANIEL F HOLLAND JOHN P JR TOWN OF READING NANCY D KEARNEY PATRICIA A HOLLAND PARK 91 JOHN CARVER RD 7 WOODLAND ST 16 LOWELL ST READING,MA 01867 READING,MA 01867 READING,MA 01867 • FARNUM MARSHALL C HURLEY GREGORY E RADJESKI JAN ARTHUR TR(1/2) FARNUM STELLA M HURLEY MOLLIE C RADJESKI GLORIANNE C TR(1/2) 83 WINTHROP AVENUE 72 HANSOM AVE 6425 2ND AVE N READING,MA 01867 READING,MA 01867 ST.PETERSBURG,FL 33710 LANE REBECCA E FERRARA MARK SWYTER DAVID M ETAL TRUSTEES 101 HANSCOM AVE FERRARA HEATHER SWYTER BIRON FAMILY TRUST READING,MA 01867 77 HANSCOM AVE 98 HARTSHORN ST READING,MA 01867 READING,MA 01867 AUSTIN JEFFREY M CATALFAMO CRAIG CHISHOLM KEVIN F AUSTIN DANIELLE M CATALFAMO KERRI M CHISHOLM KRISTIN A 19 WESTON ROAD 11 WOODLAND STREET 29 JOHN CARVER ROAD READING,MA 01867 READING,MA 01867 READING,MA 01867 SULLIVAN ELIZABETH M W PAULSEN BRIAN DEPESA KRISTEN L T SULLIVAN JOHN B PAULSEN KATHRYN DEPESA CHRISTOPHER D 23 WESTON RD 34 JOHN CARVER RD 4 WESTON ROAD READING,MA 01867 READING,MA 01867 READING,MA 01867 EPSTEIN MARK A MAGRO ERICA TRUSTEE MANVILLE KEITH R ETAL TTEES EPSTEIN ANNA MAGRO FAMILY IRREVOC TRUST KEITH R MANVILLE REV TRUST 55 HANSCOM AVENUE 34 WINTHROP AVE 66 HANSCOM AVE READING,MA 01867 READING,MA 01867 READING,MA 01867 ZAYA THOMAS J ETAL TRUSTEES ROSATONE ANTHONY SEELEY SCOTT W ETAL TRUSTEES ZAYA FAMILY IRREVOCABLE TRUST SAUBERMANN JENNIFER SEELEY FAMILY REVOCABLE TRUST 108 WINTHROP AVE 87 HANSCOM AVE 33 PURITAN ROAD READING,MA 01867 READING,MA 01867 READING,MA 01867 / cJ/i MACKENZIE BRUCE G ETAL TRSTEES TOMASELLO MARIE E TRUSTEE HOYT KEVIN ROBERT BRUCE AND NANCY MACKENZIE MARIE E TOMASELLO REV TRUST HOYT JACQUELINE MARIE TRST 120 WINTHROP AVE 41 WINTHROP AVE 893 WESTOVER RD READING, MA 01867 READING, MA 01867 NEWTOWN SQUARE, PA 19073 SERRANO ALEXANDER J ETAL TTEES LEAHY LAWRENCE J ETAL TRUSTEES 72 WINTHROP AVENUE REALTY TRST LEAHY FAMILY REV TRUST 72 WINTHROP AVE 170 BANCROFT AVE READING,MA 01867 READING, MA 01867 12ec-e.,,...1 6//_ _.,,.» ., .... ,;,:44ter Grp;DII t cm 06/01/2015 15:31 (TOWN OF READING IP 1 sangstrom YTD BUDGET REPORT glytdbud FOR 2015 13 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED 41000 DELINQUENT PROPERTY TAXES 0 .00 .00 -165,949.18 .00 165,949.18 100.0% 41100 PERSONAL PROPERTY TAX -681,625 .00 -681,625.00 -543,596.60 .00 -138,028.40 79.8% 41200 REAL ESTATE TAXES -57,111,413 -343,905.00 -57,455,318.31 -57,760,222.90 .00 304,904.59 100.5% 41500 MOTOR VEHICLE EXCISE TAX -3,000,000 -143,083.00 -3,143,083.00 -3,261,678.86 .00 118,595.86 103.8% 41600 OTHER EXCISE TAXES -350,000 .00 -350,000.00 -270,794.96 .00 -79,205.04 77.4% 41700 PENALTY & INTEREST -180,000 .00 -180,000.00 -267,356.14 .00 87,356.14 148.5% 41800 PAYMENT LIEU OF TAX -330,000 .00 -330,000.00 -190,330.31 .00 -139,669.69 57.7% 43000 FEES -1,620,000 -46,750.00 -1,666,750.00 -1,642,382.95 .00 -24,367.05 98.5% 44000 LICENSE, PERMITS -145,000 .00 -145,000.00 -167,839.50 .00 22,839.50 115.8% 45000 FEDERAL REVENUE -100,000 .00 -100,000.00 -82,541.12 .00 -17,458.88 82.5% 46000 STATE REVENUE -13,204,901 -77,417.00 -13,282,318.00 -11,249,495.78 .00 -2,032,822.22 84.7% 47700 FINES & FORFEITS -100,000 .00 -100,000.00 -98,855.00 .00 -1,145.00 98.9% 48000 MISCELLANEOUS REVENUE 0 .00 .00 -225,184.29 .00 225,184.29 100.0% 48200 EARNINGS ON INVESTMENTS -100,000 .00 -100,000.00 -155,028.03 .00 55,028.03 155.0% 48210 RESTRICTED INTEREST INCOME 0 .00 .00 -3,116.62 . .00 3,116.62 100.0% 49000 OTHER FUNDING SOURCES -2,332,863 .00 -2,332,863.00 -6,705,326.46,r .00 4,372,463.46 287.4% 49700 ENTERPRISE FUND SUPPORT -851,203 .00 -851,203.00 -873,266.50 .00 22,063.50 102.6% 49720 OTHER FUND SUPPORT(NON ENT -175,000 -140,000.00 -315,000.00 -315,000.00 .00 .00 100.0% 49900 DESIGNATED FUND BALANCE US -2,050,000 -1,360,885.00 -3,410,885.00 -2,968,162.00 .00 -442,723.00 87.0% GRAND TOTAL -82,332,005 -2,112,040.00 -84,444,045.31 -86,946,127.20 .00 2,502,081.89 103.0% ** END OF REPORT - Generated by Sharon Angstrom ** I i, LLA,Let,to ee-ind 12� aze. 0 r an 06/01/2015 17:13 (TOWN OF READING I 1 sangstrom YTD BUDGET REPORT glytdbud FOR 2015 13 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED 0105 ADMINISTRATIVE SERVICES 03 SALARIES 1,194,650 -124,725.00 1,069,925.00 845,399.73 .00 224,525.27 79.0% 05 EXPENSES 1,095,900 503,939.35 1,599,839.35 1,351,259.58 49,929.45 198,650.32 87.6% 08 CAPITAL EXPENDITURES 80,000 98,051.83 178,051.83 70,765.54 61,070.50 46,215.79 74.0% TOTAL ADMINISTRATIVE SERVICES 2,370,550 477,266.18 2,847,816.18 2,267,424.85 110,999.95 469,391.38 83.5% 0110 PUBLIC SERVICES 03 SALARIES 974,975 67,300.00 1,042,275.00 848,648.90 .00 193,626.10 81.4% 05 EXPENSES 436,850 87,229.45 524,079.45 395,149.35 59,098.01 69,832.09 86.7% 08 CAPITAL EXPENDITURES 254,000 278,407.62 532,407.62 255,369.55 60,158.07 216,880.00 59.3% TOTAL PUBLIC SERVICES 1,665,825 432,937.07 2,098,762.07 1,499,167.80 119,256.08 480,338.19 77.1% 0130 FINANCE 03 SALARIES 577,425 6,900.00 584,325.00 502,913.64 .00 81,411.36 86.1% 05 EXPENSES 135,000 .00 135,000.00 87,743.10 238.63 47,018.27 65.2% 08 CAPITAL EXPENDITURES 0 10,000.00 10,000.00 .00 10,000.00 .00 100.0% TOTAL FINANCE 712,425 16,900.00 729,325.00 590,656.74 10,238.63 128,429.63 82.4% 0140 FINANCE RESERVE FUND 05 EXPENSES 150,000 -35,000.00 115,000.00 .00 .00 115,000.00 .0% TOTAL FINANCE RESERVE FUND 150,000 -35,000.00 115,000.00 .00 .00 115,000.00 .0% 0200 PUBLIC SAFETY 03 SALARIES 8,868,606 35,100.00 8,903,706.00 8,017,841.03 .00 885,864.97 90.1%-' 05 EXPENSES 393,835 2,865.62 396,700.62 233,860.77 120,276.96 42,562.89 89.3% - 1511 a 0.6 Ps L09,60 4e) .,fie m U✓�of (e.N.3 ,aee)-L n_ . 't.2 Gu l i F P bey � �. "r ✓�{I4-u eri/[ a n 0600 / ' , I 0 . R i; exa: �,,.•.Y i f : M s" 'irp.salUon. 06/01/2015 17:13 (TOWN OF READING IP 2 sangstrom YTD BUDGET REPORT glytdbud FOR 2015 13 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED 08 CAPITAL EXPENDITURES 0 195,635.00 195,635.00 156,827.00 25,376.00 13,432.00 93.1% TOTAL PUBLIC SAFETY 9,262,441 233,600.62 9,496,041.62 8,408,528.80 145,652.96 941,859.86 90.1% 0300 SCHOOL COMMITTEE - EDUCATION 08 CAPITAL EXPENDITURES 743,000 974,895.57 1,717,895.57 612,049.42 136,274.12 969,572.03 43.6 1s" 10 PROFESIONAL SALARIES 26,536,193 -36,020.00 26,500,173.16 19,602,225.64 .00 6,897,947.52 74.0%-I t 20 CLERICAL SALARIES 807,162 .00 807,161.86 786,120.78 .00 21,041.08 97.4% 30 OTHER SALARIES 4,589,112 -152,260.00 4,436,852.31 4,161,128.92 .00 275,723.39 93.8% 40 CONTRACTED SERVICES 2,384,420 197,883.18 2,582,302.82 1,951,378.38 390,960.76 239,963.68 90.7% 50 SUPPLIES & MATERIALS 919,570 126,690.27 1,046,259.87 602,339.82 206,314.68 237,605.37 77.3% 60 OTHER EXPENSES 5,781,684 690,370.48 6,472,054.22 4,751,541.21 792,559.00 927,954.01 85.7% TOTAL SCHOOL COMMITTEE - EDUCA 41,761,140 1,801,559.50 43,562,699.81 32,466,784.17 1,526,108.56 9,569,807.08 78.0% 0400 PUBLIC WORKS 03 SALARIES 2,361,075 27,703.00 2,388,778.00 2,016,850.20 .00 371,927.80 84.4% 05 EXPENSES 871,550 -22,419.29 849,130.71 611,373.98 51,244.34 186,512.39 78.0% 08 CAPITAL EXPENDITURES 965,000 407,769.86 1,372,769.86 970,354.28 318,664.19 83,751.39 93.9% TOTAL PUBLIC WORKS 4,197,625 413,053.57 4,610,678.57 3,598,578.46 369,908.53 642,191.58 86.1% 0401 DPW-TRASH SNOW STREET LIGHTING 03 SALARIES 115,000 425,000.00 540,000.00 385,412.90 .00 154,587.10 71.4% 05 EXPENSES 2,200,000 408,418.02 2,608,418.02 2,260,651.58 358,695.79 -10,929.35 100.4% TOTAL DPW-TRASH SNOW STREET LI 2,315,000 833,418.02 3,148,418.02 2,646,064.48 358,695.79 143,657.75 95.4% 0600 LIBRARY 03 SALARIES 1,089,155 6,400.00 1,095,555.00 941,610.03 .00 153,944.97 85.9% 05 EXPENSES 292,730 51,000.01 343,730.01 250,808.08 5,137.56 87,784.37 74.5% TOTAL LIBRARY 1,381,885 57,400.01 1,439,285.01 1,192,418.11 5,137.56 241,729.34 83.2% *4 arc.).A.L4x- Jau-d'A-13 4-� (80 0 off' &ea uu., s). 3k1 rcm 4 a L'PA-Lfsix-rn p.m e her gr-t-er, ni-e-r@Ce/30, - S a uD/ m Q/fr.G_,eo n e &f1 ' c 9( zvZn 1161. '/ -5 G� ' 'I^, I? 0 .L ,i "l1 . - - 06/01/2015 17:13 (TOWN OF READING IP 3 sangstrom YTD BUDGET REPORT glytdbud FOR 2015 13 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 0700 DEBT SERVICE APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED 0700 DEBT SERVICE 05 EXPENSES 0 .00 .00 105,852.46-t- .00 -105,852.46 00.0 07 DEBT SERVICE 3,377,730 -425,000.00 2,952,730.00 2,937,592.31 .00 15,137.69 . % TOTAL DEBT SERVICE 3,377,730 -425,000.00 2,952,730.00 3,043,444.77 .00 -90,714.77 103.1% 0820 STATE ASSESSMENTS 05 EXPENSES 608,794 .00 608,794.00 507,326.00 .00 101,468.00 83.3% TOTAL STATE ASSESSMENTS 608,794 .00 608,794.00 507,326.00 .00 101,468.00 83.3% 0840 REGIONAL SCHOOL ASSESSMENTS 05 EXPENSES 387,000 80,000.00 467,000.00 405,158.17 .00 61,841.83 86.8% TOTAL REGIONAL SCHOOL ASSESSME 387,000 80,000.00 467,000.00 405,158.17 .00 61,841.83 86.8% 0900 EMPLOYEE BENEFITS 03 SALARIES 0 151,662.00 151,662.00 .00" .00 151,662.00 .0% 05 EXPENSES 14,141,590 -209,000.00 13,932,590.00 12,894,955.15 24,790.00 1,012,844.85 92.7% TOTAL EMPLOYEE BENEFITS 14,141,590 -57,338.00 14,084,252.00 12,894,955.15 24,790.00 1,164,506.85 91.7% 0990 OTHER FINANCING SOURCE/USE 09 OTHER FINANCING USES 0 150,000.00 150,000.00 6,028,718.85 t .00 -5,878,718.85 4019.1% TOTAL OTHER FINANCING SOURCE/U 0 150,000.00 150,000.00 6,028,718.85 .00 -5,878,718.85 4019.1% GRAND TOTAL 82,332,005 3,978,796.97 86,310,802.28 75,549,226.35 2,670,788.06 8,090,787.87 90.6% ** END OF REPORT - Generated by Sharon Angstrom ** -r lam- Cam. C,tit .4_,P e- reLe d e h wrll r a C'C12 Si- d A-6 Lh 6 /(1- r' 4-4-"-c--uug- I'LL'"e/J 00 Di s c 11 i't , _ oyut.,. 3 Lo „ty.it JAA 4412 / i i r payit,&/1/1A bcy .e.mit-J 16+110 r LLR `J Kr? --ece le FW: 2015-190 Reading - Question on Legality of Taxpayer Fun... Page 1 of 4 From: "DOR DLS Law" <dlslaw @dor.state.ma.us> Subject: FW: 2015-190 Reading - Question on Legality of Taxpayer Funded School Department Entrepreneurial Business Date: Thu, March 19, 2015 4:55 pm To: "sangstrom @ci.reading.ma.us.secure" <san strom ci.readin .ma.us> Resent 3/19/2015 From: Blau, Gary A. On Behalf Of DOR DLS Law Sent: Tuesday, March 03, 2015 10:40 AM To: 'Imfphillips @comcast.net.secure' Cc: Oneil, Maura A.; 'sangstrom @ci.reading.ma.us.secure' Subject: 2015-190 Reading - Question on Legality of Taxpayer Funded School Department Entrepreneurial Business Linda: Your inquiry involves the operation of a school program authorized by the school committee under a school revolving fund and subject to the oversight of the Department of Elementary and Secondary Education (DESE). I note from a quick search of DESE's website that it has considerable guidance available concerning the establishment of full-day kindergarten programs receiving grant funds, including annual tuition and lottery policies. See FY2016 Tuition and Lottery Policies(for school year 2015-16) for quality full-day kindergarten grantees, attached. I am advised by the town accountant that the town does not qualify for grant funds for a full-day kindergarten program, so it may be that the DESE tuition and lottery policies do not apply. However, the guidance with respect to the revolving fund appears to be pertinent in any event. That policy and procedure provides: Tuition collected for FDK must be allocated to a revolving account to be used exclusively for the FDK program. Budget processes must allow for the accurate tracking of how these funds are spent within the FDK program. These data are subject to review by the Department. In addition, districts must have a process for annually reviewing the tuition calculations and determining whether refunds to families and/or a change in the annual tuition amount for the following school year are needed. The policy specifically requires that funds received as tuition for the program be placed in a revolving fund, and at least two statutory revolving funds would appear to be appropriate; GL c. 71, §47 (school sponsored activity revolving fund) and GL c. 44, §53E 1/2 (departmental revolving fund authorized by town meeting). Also, the extended school program revolving fund under GL c. 71, §§26C(if the program is approved by the board of selectmen under GL c. 71, §26A) or the continuing education program under GL c. 71, §71E (if accepted by the town) conceivably might apply (although continuing education is commonly understood to mean post-secondary education). I refer you to DESE with respect to your specific questions about the operation of Reading's program (which I am advised is under a section 71E revolving fund). With respect to your question concerning whether the school department may run an "entrepreneurial business," I refer you to Opinion 2006-220 (attached), in which we addressed a similar question with respect • httns://secure.dor.state.ma.us/webmail/src/printer friendly botto... 3/23/2015 FW: 2015-190 Reading - Question on Legality of Taxpayer Fun... Page 2 of 4 to an extended day school services program under GL c. 71, §§26A-26D. In that opinion we suggested that all direct and indirect costs of operating the program could be used to determine a fee for participants. Whether those fees should and/or do include amounts to reduce the town's capital and maintenance costs for the facilities used by the program or future employee benefit costs, such as retirement and health insurance, is a local matter, but also subject to the oversight of DESE. If you are concerned that the tuitions charged include•those amounts, but they are not being used to offset the capital expenses or the future employee benefit costs, that may be an issue for you to raise with DESE. If those amounts must go into a school department revolving fund as well, the school committee would have to initiate expenditure of the funds for those purposes. Finally,you may want to verify with the town accountant and/or the school business manager that the actual cost of providing the non-mandatory part of the full-day program is being paid from the revolving fund. If the school department is paying those expenses from budgeted school department funds,then the tuitions may be accumulating in the revolving fund, causing the fund to keep the high balance. If that is the case the school department should be required or encouraged to use the revolving fund to pay those expenses, not budgeted school department funds appropriated to cover school expenses for other school obligations. You may want to verify with DESE that it is not appropriate to pay the cost of the voluntary part of the full-day Kindergarten program from funds budgeted to cover school education obligations otherwise required by law, since the schools are charging tuition to the parents for that program. A reduction of the tuition fees may be in order if the funds are not necessary for the operation of the program in whole or in part. If the payment of the extended Kindergarten day expenses is from budgeted school department funds rather than the revolving fund, the town may want to consider reducing future budget requests from the school department to the extent the tuitions are intended to cover the expenses from the revolving fund. It is to be noted that while these revolving fund amounts are retained in the school department accounts from year to year,they cannot be used for any other purpose than the extended Kindergarten program. Amassing significant sums in the fund may make sense if they are intended to be used to pay anticipated future capital expenses and/or future employee retiree benefits associated with the program. Again,you should contact DESE to verify whether such fees may be expended for those purposes from the particular school revolving fund being used. I hope this will be of some assistance. Gary A. Blau,Tax Counsel Bureau of Municipal Finance Law PO Box 9569 Boston, MA 02114-9569 617-626-2400 blau @dor.state.ma.us This e-mail response is intended to provide general information about the application of municipal tax and finance laws and Department of Revenue policies and procedures. It is not a public written statement, as defined in 830 CMR 62C.3.1, and does not state the official position of the Department on the interpretation of the laws pertaining to local taxes and finance. It should be considered informational only. From: Linda Phillips [mailto:Imfphillips(acomcast.net] Sent: Monday, February 23, 2015 3:39 PM To: DOR DLS Law Subject: Question on Legality of Taxpayer Funded School Department Entrepreneurial Business I am a Town Meeting member in Reading. We have been asked to vote on a capital construction project for an All Day Kindergarten Program for which 1/2 day is paid for by the parents if they wish to participate because 0 httos://secure.dor.state.ma.us/webmail/src/printer friendly_botto... 3/23/2015 FW: 2015-190 Reading - Question on Legality of Taxpayer Fun... Page 3 of 4 Dept. of Education does not mandate this. This program has expanded outside the available school spaces because of the demand for the program. Question: Is it legal for the School Dept. to run an "entrepreneurial business" in a property owned by the taxpayers?The revolving funds for this account accumulates and minimal is used to offset the salaries and expenses of running such a program. They carry a balance over a $1.3M in the All Day Kindergarten revolving fund. They run several other programs in SPED and Extended Day Programs as well for which they receive revenue, but are not using the revenue to lower the costs the taxpayers pay for facility use paid for in the School department operating budget. What is best practice or has this procedure already been established? Linda Phillips Reading, MA 781-944-4407 e-mail Imfphillips(c�comcast.net This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager at postmaster at dor.state.ma.us. SecureMail Gateway has certified this message: Part 1 (the whole message): Encrypted V This part was successfully decrypted. Integrity y Verified integrity check from <blau @dor.state.ma.us> at 19 Mar 2015 16:55:58 EDT blau @dor.state.ma.us Origin emailAddress=blau @dor.state.ma.us Email Aliases: blau @dor.state.ma.us Certificate V Verified certificate from <blau @dor.state.ma.us> at 19 Mar 2015 16:55:58 EDT blau @dor.state.ma.us Origin emailAddress=blau @dor.state.ma.us Email Aliases: blau @dor.state.ma.us Attachments: untitled-1.1 Size: 10 k C) https://secure.dor.state.ma.us/webmail/src/printer_friendly_botto... 3/23/2015 FW: 2015-190 Reading - Question on Legality of Taxpayer Fun... Page 4 of 4 Typeitext/plainl FY16 full day kindergarten policies.docx Size:58 k Type:application/vnd.openxmlformats- officedocument.wordprocessingml.document Info:FY 16 full dam kindergarten policies.docx 2006-220.pdf Size: 11.2 k Type:application/pdf Info:2006-220.pdf globalcerts.txt Size:0.4 k Type:text/plain Info:GlobalCerts Private https://secure.dor.state.ma.us/webmail/src/printer_friendly_botto... 3/23/2015 socHwe Massachusetts Department or Hevenue Division of Local Services Alan Let5ovidge, Commissioner Gerard U. Perry, Deputy Commissioner August 28, 2006 Daniel M. Sullivan Sullivan, Rogers and Company, LLC Corporate Place I, Suite 204 99 South Bedford Street Burlington, MA 01803 Re: G.L. Chapter 71, Sections 26A, 26B and 26C Fees of Extended School Programs Our File No. 2006-220 Dear Mr. Sullivan: This is in reply to your recent letter requesting our opinion with respect to several issues relating to the fees of an extended day school services program operated under the provisions of G.L. Chapter 71, Sections 26A, 26B and 26C. Under these provisions, a school committee, with the approval of the selectmen in a town, is authorized to offer extended school services, determine a fee to be paid by parents toward the cost of such services and establish a special account for financing the program. This special account, a so-called "revolving fund," is the repository for governmental grants or other monies received from organizations, employers or other individuals, as well as the fees charged to parents for the extended school services. Pursuant to Section 26C, monies in this special fund may be expended by the school committee in support of the program without town meeting appropriation. You first inquire as to whether there is any limit on the amount of fees that can be charged for enrollment in the program. In this regard,you ask whether the fees are essentially intended to cover the cost of providing the service, or whether the fees may be set so as to generate a surplus or profit. In considering whether an exaction is a fee or an unlawful tax, the Supreme Judicial Court generally observed that fees are charged for a particular governmental service, are paid by choice, and "...the charges are collected not to raise revenues hut to compensate the governmental entity providing the services for its expenses." Emerson Collcrc v, City of Boston, 391 Mass. 415, 424, 425 (1984) In our view, therefore:, the fees or charges for participation in the extended school services program must be calculated and used to offset the overall costs or expenses of providing the service, and not to produce a surplus or profit in excess of the costs of the program. Your second question asks more specifically what costs should be considered program expenses and be charged to the special fund. In our opinion, the overall "costs" or "expenses" of a program would include all direct and indirect costs associated with the provision of the services or program. As you mention, salaries, employees' benefits, and operational supplies would clearly constitute program costs. Likewise, in our view, custodial, maintenance and utility expenses that are clearly associated with the premises Post Office Box 9569 Boston, MA 02114-9569, Tel:617-626-2300;Fax:617-626-2330 Daniel M. Sullivan Sullivan, Rogers and Company, LLC Page Two occupied and used by the program would be appropriate costs of the program, provided the amounts so determined have been reasonably and realistically allocated. Additional information regarding the costing of municipal services may be found in our publication Costing Municipal Services: Workbook and Case Study, which may be found at http://www.dls.state.ma.us/publics.htm. Your next question asks whether any accumulated surplus of an extended day program may be used by the school committee for non-related expenses, i.e., "...to supplant the costs of the regular school operating budget." As it is our view that the nature of user fees or program charges is"compensatory," and they are not intended to serve as a resource for the augmentation of general revenues, it is our opinion that such funds cannot be expended for any non-related purposes. This would be the case whether such non-related expenditures were proposed by the school committee or town meeting. (Question 4) Moreover, this conclusion seems confirmed by the specific language of G.L. Chapter 71, Section 26B that authorizes the school committee to establish fees to be paid by parents "...toward the cost of said services." Accordingly, to the extent that monies have been accumulated in a special Extended School Services revolving fund under Section 26C, the monies remain in the fund to be used by the school committee as necessary and appropriate in support of continuing extended school services. I hope this information proves helpful. Very truly ours, Kathleen Colleary, Chief KC/DJM Bureau of Municipal Finance Law 10 • Balance FY12 FY12 Balance Net FY13 FY13 Balance Net FY14 FY14 Balance Net FY1S Budget 30-Jun-11 Revenues Expenditures 30-Jun-12 Gain/(Lass) Revenues Expenditures 30-Jun-13 Goin/(Loss) Revenues Expenditures 30-Jun-14 Gain/(Loss) Offset Revolving Fund: School Lunch Program 244,010 1,284,391 1,200,456 327,945 83,935 1,045,872 1,081,042 292,776 (35,169) 1,124,091 1,074,815 342,052 49,276 Athletic Activities 190,368 296,054 289,816 196,606 6,238 324,465 330,305 190,767 (5,839) 349,985 364,845 175,907 (14,860) (330,000) Guidance Revolving Fund 3,608 49,046 45,527 7,127 3,519 48,356 47,873 7,610 483 44,172 45,111 6,671 (939) Coolidge Extracurricular 7,710 1,255 4,663 4,302 (3,408) 575 1,214 3,663 (639) 1,125 500 4,288 625 Parker Extracurricular 3,705 385 280 3,810 105 50 - 3,860 50 - - 3,860 - School Transportation - 48,043 47,735 308 308 42,395 42,743 (40) (348) 41,626 41,333 253 293 Drama Activities RMHS 37,575 94,455 105,670 26,360 (11,215) 109,882 88,909 47,334 20,973 117,993 115,800 49,527 2,193 (42,000) Band Extracurricular Activities 3,457 24,751 7,154 21,054 17,597 18,885 21,105 18,834 (2,220) 53,650 42,606 29,878 11,044 Drama Activities Parker 22,060 19,803 19,773 22,090 30 25,555 19,959 27,686 5,596 30,004 23,568 34,121 6,435 Parker After School Activities 8,256 26,824 25,465 9,615 1,359 27,927 22,932 14,610 4,995 34,576 32,819 16,367 1,757 Extended Day Program 230,176 633,992 402,457 461,710 231,534 711,204 630,889 542,025 80,315 889,899 771,294 660,630 118,605 (35,000) Drama Activities Coolidge 29,526 22,364 28,822 23,068 (6,458) 22,077 21,985 23,160 92 14,430 26,627 10,963 (12,197) Adult Education Program 29,332 29,157 34,422 24,067 (5,265) 38,357 39,236 23,188 (879) 34,813 53,520 4,481 (18,707) Summer School Program 44,620 52,617 28,060 69,177 24,557 67,910 77,528 59,558 (9,618) 98,287 110,696 47,149 (12,410) RISE Preschool Program 259,413 173,652 199,727 233,338 (26,075) 250,233 33,899 449,671 216,334 254,310 229,912 474,070 24,399 (300,000) Education Special Detail - 2,250 2,250 - - 25 100 (75) (75) 226 (100) 251 326 Use of School Property 136,197 255,511 247,954 143,754 7,557 210,369 192,311 161,812 18,058 200,715 265,825 96,701 (65,110) (200,000) Special Education Tuition 411,505 197,130 189,223 419,412 7,907 246,023 - 665,435 246,023 239,098 63,828 840,705 175,270 (330,804) Full Day Kindergarten Tuition 479,033 636,901 626,759 489,175 10,142 659,922 536,003 613,094 123,919_ 707,048 665,000 655,141 42,048 (853,000) Total-All Funds 2,140,551 3,848,581 3,506,215 2,482,917_ 342,366 3,850,082 3,188,032 3,144,967 662,050 4,236,048 3,927,999 3,453,016_ 308,048 (2,090,804) De_ volving Fund Tables FY15 Budget-Revolving Fund 10/9/2014 3:23 PM REVOLVING FUNDS FOR SCHOOL DEPARTMENT PROGRAMS REVOLVING FUND LOCAL TOWN MEETING! DEPARTMENT! MUNICIPAL CAPITAL ITEMS/ SPENDING REVENUE SOURCE INTEREST FUND BALANCE OTHER REPORTS OTHER ACCEPTANCE CITY COUNCIL ACTIVITIES SALARIES DEBT SERVICE CEILING ACCOUNTING ACTION PROCEDURES ADULT AND YES NONE ADULT EDUCATION, YES NOT PROHIBITEC ' '.CAE PARTICIPATION GENERAL CARRIES CONTINUING CONTINUING FEES AND FUND FORWARD TO EDUCATION EDUCATION.ADULT PROGRAM NEXT FY G.L CH.71§71E PHYSICAL FITNESS, RECEPTS SUMMER SCHOOL AND COMMUNITY SCHOOL PROGRAMS COMMUNITY NO NONE MATERIALS AND NO PROGRAM 53.000 PARTICIPATION GENERAL CARRIES NOT CLEAR IF THIS STILL SCHOOLS EQUIPMENT FOR EQUIPMENT FEES AND FUND FORWARD TO APPLES WHEN CITY/TOWN G.L.71§71C COMMUNITY SCHOOL PROGRAM NEXT FY HAS ACCEPTED G.L CH.71 PROGRAMS RECEIPTS §71E CULINARY ARTS YES NONE CULINARY ARTS NO PROGRAM $15,000 TOTAL SALE OF CULINARY GENERAL CARRIES FY RECEIPTS ANNUAL AUDIT BY G.L.CH.71§17A PROGRAMS EQUIPMENT PROGRAM FUND FORWARD TO OVER$15,000 TREASURER TO W REGIONAL 55.000 IN PRODUCTS NEXT FY CREDITED TO SCHOOL SCHOOL EQUIPMENT GENERAL FUND COMMITTEE, DISTRICT, PURCHASES MAYOR/CITY ACCEPANCE BY MANAGER AND CITY MAJORITY VOTE COUNCIL OF BOARDS OF SELECTMEWTOWN SELECTMEN/ MANAGER CITY COUNCILS OF MEMBERS COPY TO BOA (SCHEDULE A) NON-RESIDENT YES NONE EDUCATION EXPENSES YES INSTRUCTIONAL NONE NON-RESIDENT GENERAL CARRIES STUDENT TUITION OF NON-RESIDENT AND EQUIPMENT THAT TUITION PAYMENTS FUND FORWARD TO G.L.CH.71§71F FOSTER CARE COULD BE AND STATE NEXT FY CHILDREN ENROLLED IN FUNDED FROM REIMBURSEMENTS SCHOOL SCHOOL BUDGET FOR FOSTER CARE CHILDREN SCHOOL BUS NO NONE EDUCATION EXPENSES YES INSTRUCTIONAL NONE SALE OF GENERAL CARRIES SALE OF SPACE MUST BE ADVERTISING EQUIPMENT THAT ADVERTISING FUND FORWARD TO OVERSEEN BY GOVERNING CH.184§197 OF COULD BE SPACE ON SCHOOL NEXT FY BOARD APPOINTED BY THE ACTS OF 2002 FUNDED FROM BUSES SCHOOL COMMITTEE AND IS SCHOOL BUDGET SUBJECT TO STATUTORY STANDARDS SCHOOL CHOICE NO NONE EDUCATION EXPENSES YES INSTRUCTIONAL NONE STATE GENERAL CARRIES FUNDS TUITION EQUIPMENT THAT REIMBURSEMENT, FUNDS FORWARD TO RECEIVED G.L.CR 76§128(0) COULD BE FEDERAL GRANTS. NEXT FY AFTER THE FUNDED FROM OTHER GIFTS AND SCHOOL SCHOOL BUDGET GRANTS BUDGET FOR FY IS SUBMITTED MUST BE ACCOUNTED FOR IN NEXT _YEAR'S BUDGET \," REVOLVING FUND LOCAL TOWN MEETING! DEPARTMENT! MUNICIPAL CAPITAL ITEMS! SPENDING REVENUE SOURCE INTEREST FUND BALANCE OTHER REPORTS OTHER ACCEPTANCE CITY COUNCIL ACTIVITIES SALARIES DEBT SERVICE CEILING ACCOUNTING ACTION PROCEDURES SCHOOL DAY CARE NO NONE EXTENDED SCHOOL YES NOT PROHIBITED NONE PROGRAM FEES. GENERAL CARRIES PROGRAMS MUST BE G.L.CH.71§26C SERVICES FOR FEDERAL FUNDS, FUND FORWARD TO APPROVED BY CHILDREN AGES 3.14 OTHER GRANTS. NEXT FY SELECTMEKITY COUNCIL OF WORKING PARENTS GIFTS,DONATIONS AND THE COMMISSIONER OF EDUCATION SCHOOL LUNCH NO NONE OPERATION OF SCHOOL YES PROGRAM NONE FEES FROM SALES REVOLVING CARRIES MUST COMPLY CH.548 OF THE LUNCH PROGRAMS EQUIPMENT OF LUNCH AND FUND FORWARD TO WITH ACTS OF 1948 OTHER MEALS, NEXT FY PRESCRIBED SCHOOL LUNCH FEDERAL AND GRANT FUNDS STATE REPORTNGAND AUDITING REQUIREMENTS SCHOOL RENTAL NO,BUT NONE UPKEEP OF RENTED YES NOT PROHIBITED NONE RENTAL PAYMENTS GENERAL CLOSES TO G L.CH.40§3 PROVISION FACILITY OR SPACE, FROM LESSEES OF FUND GENERAL FUND PERMITTING USE INCLUDING CUSTODIAL SURPLUS SCHOOL AT END OF FY, OF FUNDS FOR COSTS,UTILITIES, OR SURPLUS UNLESS ANY FACILITY ORDINARY REPAIRS SCHOOL SPACE CITY/TOWN HAS AND AND MAINTENANCE. ACCEPTED ACCUMULATION PROVISION OF FUND MAY BE USED FOR PERMITTING REQUIRES UPKEEP OF ANY CARRY OVER TO ACCEPTANCE SCHOOL FACILITY IF NEXT FY (SEE CITY/TOWN HAS DEPARTMENT/ ACCEPTED PROVISION ACTNITES AND SO PERMITTING FUND BALANCE) STUDENT NO NONE SCHOOL COMMITTEE YES PROGRAM NONE PARTICIPATION GENERAL CARRIES USE OF FUND FOR OUT-OF- ATHLETICS AND SPONSORED ATHLETIC EQUIPMENT AND FEES AND FUND FORWARD TO STATE TRAVEL EXPENSES ACTNITES AND FACILITIES PROGRAM NEXT FY REQUIRES APPROVAL OF GL.CH.71§47 EXTRACURRICULAR RECEPTS MAYOR OR SELECTMEN PROGRAMS,AWARDS, EQUIPMENT AND FACILITIES STUDENT ACTNITY NO NONE SCHOOL COMMITTEE NOT NOT APPLICABLE NONE STUDENT ACTIVITY AGENCY CARRIES ANNUAL AUDIT PRINCPALS AUTHORIZED AGENCY AUTHORIZED STUDENT APPLICABLE RECEIPTS ACCOUNT FORWARD TO BASED ON BY SCHOOL COMMITTEE TO GL.CH.71§47 ACTNRES NEXT FY PROCEDURES RECEIVE STUDENT AGREED TO BY ACTIVITY RECEIPTS AND SCHOOL COMMITTEE DEPOSIT INTO AGENCY AND AUDITOR AND ACCOUNT MAY ESTABLISH DOE REGULATIONS STUDENT ACTIVITY CHECKING ACCOUNT TO ACCOUNT FOR EXPENDITURES AND MUST BE BONDED IN AMOUNT FIXED BY TREASURER SCHOOL COMMITTEE FIXES MAXIMUM BALANCE ON DEPOSIT IN CHECKING ACCOUNT.THROUGH WARRANT PROCESS. COMMITTEE TRANSFERS INITIAL FUNDS FROM AGENCY ACCOUNT INTO CHECKING ACCOUNT,AND TREASURER REPLENISHES PERIODICALLY V' REVOLVING FUND LOCAL TOWN MEETING/ DEPARTMENT/ MUNICIPAL CAPITAL ITEMS/ SPENDING REVENUE SOURCE INTEREST FUND BALANCE OTHER REPORTS OTHER ACCEPTANCE CITY COUNCIL ACTIVITIES SALARIES DEBT SERVICE CEILING ACCOUNTING ACTION PROCEDURES USE OF SCHOOL YES NONE UPKEEP OF FACILITY, YES NOT PROHIBITED NONE USER FEES AND GENERAL CARRIES USE OF SCHOOL FACILITIES PROPERTY INCLUDING CUSTODIAL CHARGES FUND FORWARD TO BY INDIVIDUALS,GROUPS, G.L.CH.71§71E COSTS,UTILITIES, NEXT FY ORGANIZATIONS FOR CIVIC, ORDINARY REPAIRS SOCIAL,EDUCATIONAL AND MAINTENANCE RECREATIONAL PURPOSES GOVERNED BY SCHOOL COMMITTEE POLICES ESTABLISHED UNDER G.L. CH.71§71 VOCATIONAL YES NONE CULINARY ARTS,HOME NO PROGRAM $15,000 TOTAL SALE OF PROGRAM GENERAL CARRIES FY RECEIPTS ANNUAL REPORT BY EDUCATION ECONOMIC AND OTHER EQUIPMENT PRODUCTS AND FUND FORWARD TO OVER$15,000 SCHOOL G.L.CH.74§148 IN REGIONAL VOCATIONAL- $5,000 IN SERVICES NEXT FY CREDITED TO SUPERINTENDENT SCHOOL TECHNICAL SCHOOL EQUIPMENT GENERAL FUND TO MAYOR/CITY • DISTRICT,BY PROGRAMS PURCHASES MANAGER AND CITY VOTE OF THE COUNCIL, SCHOOL SELECTMEN/TOWN COMMITTEE AND MANAGER A MAJORITY OF THE BOARDS OF COPY TO BOA SELECTMEN/ (SCHEDULE A) CITY COUNCILS OF MEMBER _CITES/TOWNS _ SEPTEMBER 2006 _...c..:\‘ ATTORNEYS DANIEL T.CHABOT A T L A W WILLIAM J.BARRON GERARD R.LAFLAMME,JR. LAFLAMME, BARRON & CHABOT A LIMITED LIABILITY PARTNERSHIP 114 KENOZA AVENUE HAVERHILL,MASSACHUSETTS 01830 N TEL 978/521-4737 FAX 978/373-6859 C- June 22, 2015 Paula Schena,Executive Assistant Town of Reading N.> Board of Selectmen 16 Lowell Street Reading, MA 01867-2685 Dear Ms. Schena: Please be advised that I represent Albert C. Couillard,Trustee of the Evergreen Real Estate Trust, and I am writing in response to your request dated June 16, 2015. I have reviewed the record title to the parcel located at 137-139 Salem Street, Reading, Massachusetts, and I find that there is no outstanding recorded document which would act to prohibit the driveway separation proposed by Mr. Couillard. Sincerely, William J. Barro WJB:hfa CC: George Zambouras,Town Engineer Glen Redmond,Building Commissioner Albert C. Couillard www.havlaw.com ALL ATTORNEYS ARE ADMITTED IN MASSACHUSETTS. MR.IAFLAMME IS ALSO ADMITTED IN NEW HAMPSHIRE.MR.CHABOT IS ALSO ADMITTED IN FLORIDA,NEW HAMPSHIRE AND MAINE.