CC MTG MINUTES APRIL 2 2007 r
REGULAR MEETING OF THE AGAWAM CITY COUNCIL April 2 2007
0 Item L Citizen's Speak Time
Henry Kozloski, 102 Meadow St. Chair of the Conservation Committee, chair of
the Preservation Committee. Tonight I am going to report on two items. One of each of
the Agawam Community Preservation funded project. George Washington Plaque at the
• corner of Main and Federal St. was a dual project that the CPA committee and the
Historical commission. This project was completed and we are now returning $1,172.60
to the CPA fund. The Maynard St. playground was a dual project with the recreation
department, the Agawam soccer association, it has been completed. McGrath Park project
by the Agawam Beautification committee, Vi Baldwin as chair and with private
0 donations by Ralph DePaima it was constructed. In addition more families the benches at
the park, we are returning $335.86 to the CPA fund. The Learning Tree Park land
purchased, was a project by the Agawam School committee, we are returning $23,942.20
to the CPA fund. The Captain Charles Leonard House landscaping plan has been
completed, that is the plan, the project was by the Agawam Historical Association, we are
returning$10 to the CPA fund. The Christopher Nadel Memorial playground at the
Borgatti field was a dual project with the recreation department and with the Claire Nadel
family,the family donated $10,000, in addition with the $20,000 CPA fund, the
playground is completed. The architect plans for the barn at School St. are completed.
Perry Lane bridge is an ongoing project. Thomas Smith is an ongoing project. I have
submitted to the council a memo summarizing the monies not spend at this time and
being returned to the CPA fund. The important part of the CPA fund is that citizens and
organizations can apply for funds, new projects that meet the needs of Agawam..The
second item I want to cover is the Agawam Community Preservation Committee supports
the allocation of additional $575,000 on which you are voting tonight to begin the
i construction of the School St. River Road park. Thank you.
President Rheault—Thank you. Next citizen is Kerstin Pittenger.
Kirsten Pittenger, 215 Clover Hill Dr. Good evening. I am here tonight on behalf
of the parents advisory council. I am the president of the Agawam parents advisory
• council and we are here to express our concerns in regards to the legal budgets. We have
expressed our concerns to Councilor Calabrese and to several other members of your
committee and we would like again to make it known that we are very upset by the
amount of what we consider frivolous lawsuits that are occurring in this district and the
amount of money that is spend. I have personally been involved in two mast recently,
which got dismissed the minute they were filed and I have concerns in regards to the
amount of money that is spent on these types of lawsuits and my taxpayer money is going
to this. They were filed in response to a lawsuit that I filed and I have great concern that
somebody would just do that in retaliation. I have evidence from the Mass. Daily stating
that it was a frivolous lawsuit. I can bring forth a mediator to pick state such. We are also
concerned about the fact that counsel continues to attend IEP meetings even when there is
no litigation. Most recently, March 15t`, I was involved in an IEPT meeting at which
time the counsel for the district appeared. I asked that the counselor please remove
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himself I was asked by the SPET director as.to why and I told him there was no
litigation,there was no reason to have any representation. Mr. Provost then told me that
the reason he needed to have the attorney present was in order to feel protected himself,
at which point I stated to him again that I felt that this was inappropriate use of the
attorney for the district and I felt since there was no need and they had met with me prior
to approximately month earlier with nobody there that there shouldn't be anybody here
now. At the result at the end of the discussion I had with Mr. Provost, Attorney Smith did •
not come to my meeting. We are also concerned in regards to the amounts of duplicate
paperwork that is being sent through the attorneys, they are putting cover letters and then
sending me the same exact information that I am receiving from the school in duplicate. I
am also repeatedly having to go to the post office to pick up registered mail. I am not in
any litigation with the district and I do not understand why I need to continue to do so
and I think it's a waste of our money. Because of this we have a suggestion to you and we •
know of other districts that have done this. What we are suggesting is that the councilor
who represents the districts, because we agree that the district needs one, is hired on a
stipend that you have decided ahead of time. What we believe is if you do that then there
won't be a lot of these frivolous uses of a counselor and only the most important issues
will be addressed through the attorney and not that everything continuously be filtered •
through the attorney. The other reason why we are here is because you have before you
the budget and shortly will be voting on the budget. We.would like to make it known to
you that we as a parent advisory council have not had any type of input in regards to the
special ed budget, although legally we are not required to do so, we have in the past with
the past, that directors be involved in creating the special ed budget and we've had input •
and we raised questions, we've not been able to do so since we had the new SPET
director. We would like to continue to have input. This is something that is done in many
districts, it is a well established practice.We are the parents,we have the children with
the needs and we would like to have some say in how the money is being spend. In many
ways we actually give positive suggestions in ways of saving money and we would like •
to continue to have that kind of an input. Finally, as a result of not having an input into
the budget, we also do not receive any money as the parent advisory council say for the
Mass. Pac dues that are once a year. This year we requested them in September, which is
the normal time and we did not receive our Mass. Pac membership until February once
the PQA report was returned and we were found in non-compliance with the parent
advisory council. We would Iike in the future to see that there is a line item in the budget
for the parent advisory council. It would behoof the district to work in conjunction with
us and to have teachers and administrators and parents work together and hire speakers
with that money,that can come to the district to teach everybody. So, yet what I am
gonna say, but there are several other people who will speak too, some of our issues,
thank you very much. •
President Rheault—Thank you. John Bonavita.
John Bonavita—Good evening everyone. My wife and I...
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President Rheault—Name and address please.
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John Bonavita, 109 Liberty St. I am sorry. My wife and I are concerned about the
tax dollars that are being wasted on our school spending. Based on our personal
experience with the district and hearing stories from other citizens of this town we would
like to share three examples of our many personal experiences of wasted spending with
the council tonight. 1. we previously have had three IEP meetings this school years and
are scheduled for a fourth meeting in April. We have spent almost 15 hours in these
meetings. The staff comes unprepared and has not even presented one goal of an
• objective that would benefit our son to this day. The only thing that was accomplished
was at the third meeting. The IEP day was scratched out and the correct one was written
in. The school's attorney is present for each of these meetings. These meetings are non
litigation and we question as to why he is at these meetings in the first place. We have an
advocate, not an attorney representing our child. This is not only a burden on our tax
0 dollars,this is a burden on our personal finances as well. We spent a lot of money on
legal services and travel expenses for our child advocate that we should not have to
spend. If Agawam hired qualified people into the district that could train staff to work in
special education, the children would be better educated and tax dollars would be better
spend: 2. the district initiated full due process Iitigation against us at the Mass.
Department of Education ...special education appeals. In order to take away our ability to
make parental decisions on behalf of our child, they want to substitute it with an non bus
person and remove our child from the school district to a more costly and a more
restrictive placement. We have always been and remain committed to working with the
school district. The district filed due process against us,postponed it,held multiple phone
• conferences with the PSCA and us and then the district withdrew the complaint. The
district's only witness was the only special education director Mr. Provost when they
filed for a hearing. Once again the district wasted tax dollars on legal services and forced
us to spend money on legal services as well. 3. the time and money that is being spend on
drafting up our son's IEP is enormous because many of the IEP's proposed to us are
either incorrect or had items which are written into or removed from a previous IET that
• was never discussed at our meeting. For example, the district tried to sneak and I do
reiterate the word sneak an ombuds person into our child's IEP. We never discussed this
in any of our IEP nor would we ever accept such a thing and for those who do not know
what an ombuds person is I briefly explain. An ombuds person basically makes all the
decisions for the child and at the same time takes away the parent's right to decision
! making for their child. What have we done wrong to the district to try to attempt such a
thing?It is cruel stuff like this that forces us to keep refusing to sign 1EP's all or in part.
It forces us to call for another IEP meeting, which in turn wastes more tax dollars and
personal finances. These are only a few factual examples of the many that we have
experienced. We have wasted time, tax dollars and personal finances.Not only have these
actions by the district wasted time and money but also many of these actions are cruel.
Most importantly these actions deny and delayed faith for our child and other children.
Certain people in this district seem to forget that they are employed by the taxpayer's of
this town and should be here to work in the best interest of the taxpayer's children. So
tonight I challenge all of you to investigate, speak with us, not just like family's concerns
0 but all of our concerns and then come up with a resolution to solve these problems.
President Rheault—One minute sir.
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John Bonavita—I am sorry? !
President Rheault—One minute.
John Bonavita—I am down to my last couple of sentence. Please remember it is
the children of this community that are being hurt by these actions, not the district and
not the parents. We can't work, if we can't work cooperatively together for any child then
all children lose, thank you.
President Rheault—Thank you. AnnMarie Smith,
AnnMarie Smith, 10 Kirkland St. I am gonna try it together for you a little bit as 0
the comments I have heard from the last two speakers regarding the educational budget,
especially as it pertains to special education in this town. What you might not know is
that not only is the town issues looked over by the state but the state of Massachusetts
actions in terms of special education are looked over by the United States Department of
Education Office of Special Education Program in Washington, D.C. They often put out 0
advisories and commentaries regarding special education matter. Well Senator Hillary
Clinton wrote to them a long time ago and asked them to define when should a school
attorney attend an IEP meeting and what should be expected?And OFSE, office of
special education wrote back and said you know what, almost never because the mere
fact that there is an attorney present at meetings causes an adversarial relationship •
between the parents and the school district, it has a negative impact on a child. I cannot
tell you the number of times I have personally been involved in an IEP meeting that is not
litigation where counsel for the school department on a special education matter has been
present. You can look up his hourly fee. I would like to support Mrs. Pittenger's
statement that she gave to you. I have a friend who is on the school committee in another 0
state. They were having the same issues with their special education department and they
found it very, very effective to say to an attorney who wanted to represent a town in
terms of special education matters. You know what? Here is what you get for the year. If
you represent us for 5 cases, 15 cases, this is all you get and what they found in that state
and in that town were they have a dramatic impact on the number of cases that were
being filed. I think that advantages everybody. I think it advantages this town and I think
it advantages the children in this district and the educational system as well. I am getting,
I am a member of the Agawam parent advisory council. I am actually the person who
helped Mr. Pondi, the former director found.this, because at the time the Mass.
Department of Education found us out of compliance. We have been running that group
for several years with zero budget, zero support. We get $225 a year for annual
membership to a state wide association of all the other path in the state and we don't have
any photocopy and mail budget. We have very little communication and cooperation with
the current director of special education. You are all very wise, you are all very
knowledgeable and-you have seen in the paper we've been held to task for not being
...and inviting and all of the other allegations. Well I simply ask you if the education 40
budget for special education is being put in front of this town council and it includes
nothing for the pack other than that Mass. pack membership, how are the parents of
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special education children in this town and other interested parties as we are charged to
do under this legislative mandate for this group to exist going to occur? We need that line
0 item budget. At the same time that all of this is occurring I have to tell you I attend and I
hear that we have special education classrooms in this district with no books and no
books in grade level. I hear from your regular education administrators that a regular
accommodation for a special education student would be to have a second set of books at
home. The special education administrators are telling me we would like to do that but
• we can't because we don't have any money for any extra books and we can't let it go.
You cannot refuse with special needs and accommodation space on cost. So you see how
the high litigation budget is leaving no money for students and certainly for special
education students who aren't using those extra textbook, I am sure we can find some use
for them for regular education students as well. I hear again from teachers and
professionals at IEP meetings that there is no training that's meaningful to them and we
would like to see that as well. Again Mr. Bonavita and Mrs. Pittenger both, currently, its
my opinion,not the,that the ...department here is ineffective, inefficient and is not being
cooperative on every level. You heard it about IEP meetings but I can tell you about
testing and anything else that you would like to ask me about and you have my address.
0 We talk about litigation, there are two cases currently that were brought in January 07 by
the SPEC director to the bureau of special education appeal. That's where our hearing
occurs. These hearings were brought upon parents of Agawam,they are public record,
children's names are ...by two parents. They didn't want their children in special
education anymore,they just wanted out,they told the district that. But the special ed
director insisted that these children be tested. United States of America is very, very and
the constitution says that children are parent's property,they are not the property of the
school district. And even though the recent special education changed in their regulation
standard district should be able to test a child. Court cases in the Midwest have said these
need to be extreme circumstances. I will leave this number, if you want to call me I will
give you these numbers for the special education number,these are children who are
0 doing fairly well and those parents, even if they weren't the parents said you know what I
don't want any part of it, but they went to hearing, they went to a full hearing down in
Boston with the director of special education and educational team leader and the
attorney who represents special education matters in this district. I, no other SPEC
director in this entire state has taken a parent to hearing over this matter. This is unique
• and it should bring your attention after what's going on in that department. I think that
the Iast thing that I would like to ask you is the reason MCAS results for Agawam. These
were taken by a woman, she's gotten from a woman named Ellen Chambers,who went to
private non profit group,health bed watch. Thank you sit 90% of the children in Agawam
are intellectually capable of MCAS. Here is the 2006 results. 44% in grade 4 failed the
math. 51 in grade 5 failed the math. 56 in grade 6 failed the math. 24 in grade 8 they
failed the English, 36 in grade 10 English and 43 in grade 10 the math. I think we could
be doing a whole lot better with our money, not only for students with special meets and
their parents but for this entire community. And I am going to ask you to do is to reject
the school committee budget as it pertains to special ed and send it back to the
superintendent. Recommend that she work with our committee, the Agawam special
education parents group. We were not involved in the three year plan which every other
parent group in this district were allowed to have input into. And I think that that is a key
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signal that everybody here is interested and the benefit and welfare and fiscal
responsibility for people in this town, thank you very much.
President Rheault—Thank you very much. Michael and Jessica D'Amours.
Excuse me if I didn't announce that correct.
Jessica D'Amours, 14 Liberty Ave. I am new to Liberty Ave. since September,
therefore I have been pretty much been left out of the loops to some of the questions I
have and concerns I have. You probably already have gone over them, but I need to
know. My first concern is the contamination that runs from the Cory St.property, which
was to be condemned Agawam Sportsmen Club. What are the plans for handling that?
The woods scares me, its full of lead,there is kids all the place. What's gonna
happen?Where is it gonna leak into? What's been done about this?My second concern
about that is the swells that surround our property, is that water gonna go into the swells,
which is right next to our property?And will you put in writing to guarantee that nothing
is going to happen to our water or our septic systems? My last concern and like I say I am
new, so some of the, I am not sure exactly what to ask. Is that the project has already
gone over from what I am being told, approximately 1 million dollars. It started out at
about forty-one. 1,4 million. Are there any guarantees that it will no longer go over
budget and if it does where are you getting that money from and that's it.
President Rheault—Thank you. Dan Driscoll.
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Dan Driscoll, 32 Liberty Ave. My question is with the park here with all received
a report of the property agreement for a fence with the budget for our property and
duration of whole harmless grievant is unlimited. What if we sell the house? The
language in this does not state if we sell we are no longer liable. We need something in
writing. It's a very small passage and it needs to be looked at. That's my victim say.
President Rheault—Thank you. Ricky Seldomridge.
Ricky Seldomridge, 11 Liberty Ave.My concern is the School St. project too. I
want to know where they are gonna put the water. The water is supposed to go to a
drainage. They tell us it will work, but if it don't, I want to know who is gonna take care
of my septic,the water in the basement? They say it works,it won't work but I can't
argue with that. I got a concern just like they're in. They're putting the fence in, they told
us we was gonna get the fence, we was gonna get a gate, we was gonna get shrubbery.
They sent us a letter on to identify the town. For what I don't know. For the gate fence? I
am not identifying nobody, they are not gonna take what I got and what I have worked •
for. And my other concerns is Jessie brought it up too, they contempt a Agawam
Sportsmans Club over there and it is condemned and where and why are they gonna let
the water run in from the Agawam Sportsmans club all the way through the project?Its
gonna go all the way around, its gonna come through behind our properties. Its gonna
leave our properties, go down through hit School St. out of School St. into the river.
That's life I guess it don't matter. Lead is not no problem anymore. And when they do,
they are gonna take all the top soil off,they are gonna go down, what's gonna happen
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when they bring it back up to grade? They are disturbing everything. I want to know what
they are gonna do with all the wildlife.They say there is 100 acres across the road.Its
• bull, nobody walked through it. There is deer, turkeys, there is a lot of wildlife back
there, ... I've got pictures of everything. I mean you can come and see.Nobody cares. I
went to a meeting back in later part of I think it was December somewhere around there_,
walked into the meeting and it was a board meeting. I never said nothing. I was sitting
there and when it come time to vote they never let us talk, they just plainly told us that
• they don't heard our concerns and they didn't want to hear our concerns no more. I told
the mayor, he apologized but as far as that that's as far as it ever went. And about where
are they gonna put the water? That's my biggest concern. They won't, I am on septic.
They sent all my letters to 11 Liberty St., which is totally wrong. I-live on I 1 Liberty
Ave. and they tell me that they are putting sewer through from the bathroom down
0 through to School St. Why can't they run the sewer tap to four houses on the street to
protect us? It costs us 15 grand or may be more now for septic system and they are not
concerned about that either. The water in the basement that's our concern they said and
that's all I've got, thank you.
• President Rheault—Thank you. Virginia Sill.
Virginia Sill, 60 So. Alhambra. I am here to talk about the School St.project also.
My concern is the basketball courts. The last plan I saw, which I think was dated in 2005
did not have a plan for basketball courts on the park. And we have them in our street on
So. Alhambra, children are in the street constantly. It's a safety concern. I don't know
and I am here to find out if we are gonna get basketball courts. Last year a dog with
children in the street, it was right near the basketball hoop, the kids moved, the dog was
killed, it took the car three house length to stop. I am just very concerned besides the
kids on our street playing in that court, children from other streets are now coning over
to So. Alhambra to play basketball. I just wanted to voice my concern and I hope that we
• are going to put some basketball courts in the park. I saw in the paper the groundbreaking
might be on April 8`h orApril 9t`I think, the day after Easter. I am hoping that they are
planning some basketball courts at that time, thank you.
President Rheault—Thank you. That concludes our speakers for'the evening. Wil
• the clerk please call the roll,
ROLL CALL—9 PRESENT, 2 ABSENT (Coon. Magovern, Mineo).
President Rheault—9 present, 2 absent we have a quorum. Councilors Mineo and
Councilor Magovern are both under the weather a little bit and will not be in attendance
this evening.
Item 3.Moment of Silence and the Pledge of Allegiance
President Rheault—Please rise for a moment of silence and pledge to the
allegiance.
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Item 4.Minutes—Regular Council Meeting of 315107
President Rheault—Moved by Councilor Calabrese, seconded by Councilor Carr •
Bitzas. Any corrections or additions?If not voice vote is sufficient, all those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed? •
Item 4.Minutes—Regglar Council Meeting of 3/19/07
President Rheault—Councilor Simpson moves, seconded by Councilor Letellier.
Any discussion, corrections? If not voice vote is sufficient. All those in favor? •
VOICE VOTE—Unanimous.
President Rheault—Opposed?Unanimous.
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Item 5.Declaration from Council President
None.
Item 6.Presentation of Petitions., Memorials& Remonstrances •
(a) Resolutions
1. TR-2007-1 I-A Resolution Confirming the Reappointment of Aldo
Mancini, 482 South West Street, FH,—MA to the Agawam Veterans Council to a Term
Expiring April 1. 2009 (Mayor
President Rheault—Moved by Councilor Simpson, seconded by Councilor Bitzas. •
Any discussion? Is Aldo out there? Do you want to address the council or do you just
want to sit and wait for your vote? Everyone knows what a great job you have done. Call
the roll on this.
ROLL CALL— 8 YES, I ABSTENTION (Coup. Young), 2 ABSENT. •
President Rheault—8 yes, 1 abstention and 2 absent you have approved.
Congratulations Aldo.
Item 6.2 TR-2007-12-A Resolution Appropriating from the Community •
Preservation Fund and Authorizing the Expenditure of Community Preservation Funds
for the Creation, Construction and Preservation of Land as a Park for Recreational Use on
Property Owned by the City of Agawam and Located on School St. (Mayor).
President Rheault-As attached,this is the first one. (Please see attached. Moved •
by Councilor Simpson, seconded by Councilor Bitzas. First one is in the expenditure in
the amount of$310,000 from FY2000. Any discussion? Councilor Bitzas.
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TR-2007-12
A RESOLUTION APPROPRIATING FROM THE COMMUNITY PRESERVATION
FUND AND AUTHORIZING THE EXPENDITURE OF COMMUNITY
PRESERVATION FUNDS FOR THE CREATION, CONSTRUCTION AND
PRESERVATION OF LAND AS A PARK FOR RECREATIONAL USE ON PROPERTY
OWNED BY THE CITY OF AGAWAM AND LOCATED ON SCHOOL STREET
Whereas, voters of Agawam chose to form a Community Preservation Committee,and
Whereas, one of the committee's functions is related to providing recreation benefits to
the City and its residents; and
Whereas, a plan has been developed to create, construct and preserve said land as a park
for recreational use on property owned by the City on School Street; and
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Whereas, the Community Preservation Committee has previously approved funds for
said purpose; and
Whereas, the project is in need of additional funds to be used to assist in the creation,
construction and preservation of said land as a park for recreational use; and
Whereas, there is strong community support for such use of funds from elected officials,
Whereas, the Community Preservation Committee has recommended appropriation and
0 expenditure in the amount of Three Hundred Ten Thousand and no/100 ($310,000.00) from
Fiscal Year 2007 from undesignated fund balance; and
Whereas, it is in the best interests of the public and the City of Agawam to appropriate
from the community preservation fund and authorize the expenditure of community preservation
• funds for the creation, construction and preservation of land as a park for recreational use on
property owned by the City of Agawam located on School Street;
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, appropriates
and authorizes the expenditure of Community Preservation Funds in the amount of Three
Hundred Ten Thousand and no/100 ($310,000.00) from Fiscal Year 2007 from undesignated
fund'balance for the creation, construction and preservation of land as a park for recreational use
on property owned by the City of Agawam and located on School Street.
0 THE AGAWAM TOWN COUNCIL hereby further resolves that the Mayor is authorized
to expend said funds, as permitted by law, and to do all things necessary for the purposes so
stated.
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PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
City Solicitor
APPROVED AS TO APPROPRIATION
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Councilor Bitzas—Yes Mr. President I like to...
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President Rheault—Before you start we should have a report from the committee.
Councilor Calabrese—Thank you. I am sorry George. Through the chair, I, to the
rest of the council, a joint sub-committee meeting was held on March 291h and it was a
• combined meeting with the finance committee, the ordinance committee and the CPA
committee and I want to thank all of those that attended. And if I may I will speak on this
item as well as the following item, since we addressed both of those that evening. And
there was a part of recommendation sent on both of those items from the ordinance
committee and from the finance committee and if anyone wants me to speak a little bit
more specifically about the different items that we discussed that evening, I be more than
happy to do that.
President Rheault—Councilor Bitzas.
Councilor Bitzas—Yes Mr. President. I also have a meeting as the chair of the
recreation sub-committee. The meeting was called at the library March 28th. Attendance
myself, Jill Simpson, Richard Cohen, Mayor, Jack Stone., Henry Kozloski., Chris Sparks.
Tool of five meeting quality to discuss the School St. and River Rd. park and give us the
councilor report on April to today council meetings. The CPA conunittee has put two
• resolutions before the city council. 3,010 [$310,000.00] for fiscal 07, 265 [265,000.00]
CPA line for FY2008. The additional 575 [$575,000.00] is needed to be sign a contract
with the low bite [bidder] of the project. Mayor Cohen state that he has been committed
to this project since first coming to office 2000. This new park is going to benefit all the
residents through both active and passive recreation. Without additional funding the
project is dead. City Council originally approved 928,356.00 in 2005. The city was grant
an urban self grant in the amount of/Z million in October 2005. The self urban self grant
was the, has the following guidelines, design and construction must be done in FY06.
Construction must be done in FY07. Chris Sparks the park and rec. director explain it that
without this additional funding the project is dead in the water. Without this funding the
project will have to go back to bid and will not give the town enough time to meet the
strict guidelines set by urban self help grand.. If construction is not started in April 2007
then the town will lose the %million dollars from the urban self help grant. Henry
Kozloski state that both the CPA and the city council approve the original application,
appropriation unanimously in 2005 and should support the additional funding for the
project. The CPA ...the funds for the School St. park project. The CPA had a joint
• meeting with the finance committee on, last Tuesday also March 29th. Jack Stone show
support for the project stating that the additional fields will allow for less water ...on
existing fields the park overuse. The new park would allow for,easy maintenance for
delaying more work into the area. The park project was discussed and determined that the
park is a completely separate project without, although it is of the same size. The plan
• department is currently working on the barn and future considerations for the structure.
The funds for the historic proportion of the CPA will be used for any further renovation
of the barn. Motion made by Councilor Simpson, seconded Councilor Bitzas to a positive
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recommendation to the full council in support of two resolutions totaling $575,000.00 for
construction for the School St. River Rd. park. Vote was 2:0 in support of the motion.
Thank you Mr. President.
President Rheault—Thank you. Any other discussion? Councilor Rossi.
Councilor Rossi --Yes I just want to explain somewhat to the residents who spoke
on this bid. Our position here is one of funding and very little to do with the actual
construction of the park. And with the concerns that you have expressed here this evening
I would just like to say to you as the construction continues that may be you stay
involved and make sure that those concerns that you have expressed here today are taken
care of and I think that probably would be the best way. And as far as the basketball
courts are concerned, I don't remember if they were involved in it,went through there or 9
not, I can't, it escapes me the item.. I think they were taken out. Again as the project
moves along I think if you make yourself heard may be the people somewhere along the
way will try to solve your problems for you. But just to let you know that our position
here has very little to do with your concerns and I don't know that we really hear that
much about those things, but you certainly have a right to address, o.k. Thank you.
President Rheault—Councilor Carr Bitzas.
Councilor Carr Bitzas—I attended the meeting for the finance committee and the
ordinance committee last week and I did bring up to Mr. Kozloski and also to Chris
Sparks the issue of the swales that you have a problem with down there Liberty St.
because I had a call from somebody on Liberty St. and I thought it had been taken care of
but evidentially it hadn't. So I did bring it up and Mr. Kozloski gave a good explanation
and I like to have Mr. Kozloski come up and give the same explanation to these people
who are concerned about the swales. One of the issues that the person brought up to me
was the fact that it was moved 10 ft., the plans were changed, these swales were moved
10 ft. closer to their homes when in fact according to Mr. Kozloski it was 10 ft. further
from their home. So could you may be Mr. Kozloski come up?
President Rheault—Suspend the rules.
Councilor Carr Bitzas— Suspend the rules.
President Rheault—To go into committee as a whole.
Councilor Calabrese—Move to go into committee as a whole. 0
President Rheault—Moved by Councilor Calabrese, seconded by Councilor
Letellier. All those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed? Mr. Henry Kozloski to the microphone please.
10
Henry Kozloski—Chairman of the conservation commission, so its two hats. 1.
the swales are addressed in the order of conditions, which states they will be monitored
for a period of five years to make sure they work. After every rain storm they are to
report to the conservation commission how long it takes for the swales to drain. There is
also a maintaining schedule that the town must follow. 1. which they must, they got to cut
the swales I think once or twice a year. The grass that's cut must be removed so it doesn't
• build up in the swale. So as it is addressed it will be monitored for a period of five years.
If it doesn't work it is the town who is responsible because they are the person who is on
the order of condition. So we will monitor it and if we have to we will go there during the
rain storm as well. We have done this in the past with Wild Turkey, which was a real
problem at one time but that has been solved. There is a difference between swales and
detention basins. The department of environmental protection allows wet detention
basins. The Agawam engineering department does not like to have a wet detention basin.
They do have them somewhere but this one here will not, what we have been with the
engineering department they will not be wet. So we will monitor it during the period of
construction,make sure the swales are working, we will do this. We have the right to go
on site and do periodic inspections, that's in the order of condition,which is not only
approved by the town of Agawam, its approved by the department of environmental
protection in the Commonwealth of Massachusetts. If you have another other questions I
be free to answer them, but that's what is in the order of condition that deals with the
water.
0 President Rheault—Councilor Carr Bitzas.
Councilor Carr Bitzas—Didn't you say at the time Mr. Kozlowski that the DEP
would be doing their own on site inspections?
0 Mr. Kozlowski—Usually they don't.
Councilor Carr Bitzas—No? I thought I had that impression from you.
Mr. Kozlowski—They have a right to go on site. In other words, if somebody
calls them and they want to go over, they have the right to go on site just as the
conservation ...
Councilor Carr Bitzas—And you did say that the new when you revised the plans
the swales will be 10 ft. further back?
•
Mr. Kozlowski—They were moved prior to the public hearing.
Councilor Carr Bitzas—O.k. I don't know if people realized that ...
Mr. Kozlowski—They are in compliance, they were moved further away. And so
and there might be confusion. There is gonna be another hearing Thursday night,that is
because they have to widen the road that crosses the intermit street closest to the Eastern
11
side of the park. That's because the fire department wants a wider street in case they have
to get an emergency vehicle up the park with the wall fields are,which is always a r
possibility. Therefore the hearing on Thursday is to allow that and that increases the
amount of replication they must do, which will be about 1,900 sq. ft. I believe.
Councilor Carr Bitzas—And you also said that should there occur any problem
that the town would be responsible, could you explain that?
•
Mr. Kozlowski—Well the town owns the land.
Councilor Carr Bitzas—Right.
Mr. Kozlowski—Therefore ... •
Councilor Carr Bitzas-I am concerned about the residents and the swales.
Mr. Kozlowski—The town owns the land. They are the ones that file the order of
conditions,they are responsible to make the plans work. •
Councilor Carr Bitzas— So I mean when I came away from that meeting I had the
feeling that these people were covered pretty well as far as not having a problem.
Mr. Kozlowski—If they call,they need to call me at home or they can call the •
town hall, the conservation commission if they want us to go down there and see
something that they don't think is right and we will go down and look at it. Not only
myself, Fred Harpin has done this with me. Jill, Cheryl, people go on site, if there is a
complaint we will go on site and its its justifiable we will issue an enforcement order of
making the corrections. It doesn't take five years to make the correction. That's in, one of •
the things of the order of condition is the Agawam commission has a right to order
additional work if required. That's always one of the standard things in the order of
condition.
Councilor Carr Bitzas—Well I've known you Mr. Kozlowski for many years and
your reputation goes before you, which is a very good reputation.
Mr. Kozlowski—Thank you.
Councilor Carr Bitzas— So I have confidence that this is what will happen. Thank
you very much for coming up. •
President Rheault—Ms. Sill regarding basketball courts. Chris do you want to
quickly address that if you would please.
Chris Sparks—Park and Recreation Director for the town of Agawam. In dealing
with this whole park and dealing with the budget is a very undying task that I have been
working on for 7 years now. We finally got to the point where we had a low bidder that
12 •
i
was close enough,that was within our budget range that we could make the park a
possibility. However, we are still about$175,000 over budget and in doing some math
with the architect and the low bidder we had to remove 3 items from the park in order to
get us to a budget that we could afford to get started. With that we meet our strict
guidelines set by the urban self help program. The 3 things that we had to remove was the
playground for approximately$80,000. Funding for this will be coming in January of
2008 from Berkshire power. So next Spring at this time we will break ground and we will
• put the playground in immediately so it doesn't really interfere with the parka The second
thing we had to remove was the basketball court. The basketball court was budgeted at
about $29,000.....we will be supporting that throughout the Summer trying to get the
basketball court back into the plan as soon as possible,most cost effectively as possible. I
do agree driving up and down at Alhambra there a number of basketball expansions along
side of the road and the kids do play in the street. It was not in the original plan, you are
correct. It was brought to my attention last Spring about this time that we should have a
basketball court. At that time,right before we did the final plan we did add the basketball
court in,however, in looking at things to remove from the final budget,there was
$29,000 of something extra that we can easily add in the future. The third thing we had to
• remove was the wetland overlook at a cost of almost$60,000. These three items
combined totaled our$160,000 that we could get to a budget that we could afford, to
have enough money to sign a contract and break ground. We are looking at all of these
three items and how we can get them back into the park as soon as possible as cost
effectively as possible. My wish is to have those installed by next Spring and when we
looked at all of these things that we could possibly remove I really did not move and
could not remove any of the infrastructure to the park. Any of the utilities, any of the
parking, any of the drainage, so feel like the infrastructure as being the main of the walls
of the park. The basketball court, the wetland overlook, and the playground are pictures
that you hang onto the wall that you can add onto at a later date much easier than
changing the infrastructure of the park. So I do apologize about these things, it actually
has a benefit to it, in fact that we do not invite people to the park before the park is ready
to have people in it. During construction or immediately after construction if we have a
beautiful basketball court, a beautiful playground, the people want to get on it as soon as
possible and they might be going into the park sooner than we are ready to have them
enter the park. So the construction for the safety of the people we removed those items
• and we are gonna try to get them back as soon as possible and the playground is
guaranteed to go in immediately next Spring and I will work to get that basketball court
in there as soon as possible. The fact I can elaborate more on the wetland swales, our
retention basins. I anticipated this question because I had a phone call from Councilor
Simpson, I had a conversation with Councilor Ruth Carr Bitzas last week. I called the
• architect this morning and I said I need to know the DEP regulations for the set backs and
he mailed me the minimum set backs were for open water or surface drain features,the
soil absorption is 10 ft. which means the minimum distance from our retention basin to
their leech field is 10 ft.The DEP's minimum water or surface basins to septic is 5 ft. I
then went to engineering and saw Mike Chase who approved all of the plans changed all
of the plans and the changes were approved by the conservation commission and by the
DEP. The distances of their property line to the edge of the retention basin is 25 ft. which
far exceeds the DEP's 5 and 10 ft. regulations. In that if we take a walk right from the
13
property line there is approximately 16 ft. of grass, which will include the vegetated
screening. After the 16 ft. there will be a 5 ft. walkway: After the 5 ft. walkway there will •
be another 5 to 10 ft. of grass. Then the barrier of the retention basin will begin. So again
we have approximately 25 ft. from the property line to the beginning of the retention
basin,which is approximately 25 ft. wide. After that 25 ft. there is approximately 60 to 80
more ft. of grass and included in this area,right behind Liberty Ave. is Boggie's Shuffle
Board and Community Gardens. Then we have the parking lot. So again from the
property line to the walkway is about 16 ft. From the walkway to the basin is about
another 10 ft. Then we have a 25 ft. basin,then we have about 60 to 80 ft. of grass before
we hit the parking lot. The parking lot is approximately 125 ft. from the property line
giving the water plenty of room to slowly disperse down to the fire retention basin,which
is well below their,well before their property line. The elevations of the retention basin
has a high elevation of 62.75 ft. The 25 ft. retention basin has a low elevation of 60.5 ft. •
thus the retention basin is about 2.25 ft. at its deepest point so that 2 1/2 ft.that is spread
over 25 ft. distance. After the retention basin the walkway has an elevation of 63.6 ft.
which is .95 ft. approximately 10 inches higher than the retention basin. So for water to
get from the park to these people's, from the parking lot primarily because that's what we
are really changing is what's there now of all vegetation to a hard surface area,the water
has to travel 125 ft. Through that 125 ft. it has to go through 85 ft. of grass, 25 ft, of
retention basin,then it has to go up 10 inches over a walkway and travel another 16 ft. to
their property line. I think engineering done a real good job in making sure that there is
adequate distance, coverage and retention for the neighbors on Liberty Ave. After the
initial meeting with the architect, engineering required that retention basin be moved
further from the property line, they also required the addition of a dry well in the center
of every retention basin to further expediate the drainage and to ensure that there is
adequate drainage for the 100 year storm calculations. Each basin also has an emergency
outlet controlled structure that leads to underground piping directing water to either River
Rd. or the main retention basin on School St.,which will be needed when the ground is
frozen. All of this was done and approved by DEP, approved by the conservation
commission and as Henry Kozlowski noted is in the order of conditions as long as five
years as well as monitoring during the construction period. If there is anymore questions.
Again these are not my words, I am not an engineer, I am just trying to explain to you
what's been explained to me through the architects that the town has hired and that the
town has hired and that the DEP has approved.
President Rheault—Thank you.
Councilor Carr Bitzas—I just appreciate your coming up and explaining all of
that. So I hope that it eased minds and some of the neighbors that had concerns. •
Chris Sparks—I hope so too. Again I try to work with them as best as I can. I've
answered every phone call, I spent time with them in my office. Other concerns
addressed by the neighbors is the indemnification to hold harmless agreement sent by the
town to the neighbors concerning the fence. As the town is putting up a new fence along
all the property lines, we offered the neighbors for their convenience a gate to enter the
park. The fence and the gates are owned by the town and installed by the town and will
14 •
be on town property. If they requested a gate the solicitor's office has required that we
get a hold harmless agreement from them. Again its been explained to the neighbors that
if they do accept a gate, allowing access from their yard to the park, it is their
responsibility to lock that gate and keep their own personal lock on that gate. That's the
only thing we are trying to hold the neighbors indemnification from is the fact that if they
don't keep the gate locked that it is not the town's responsibility if someone enters their
property. As far as somebody getting hurt on the fence, the fence is owned town property
• and it is owned by the town so there is no way they could be hold liable for anything in
that matter.No different than if someone was trying to break into your neighbors yard
and they try to sue you just because you are the neighbor. It won't hold up for that. As far
as their questions about the duration,the duration is implied as long as they own the
house and again the only purpose for the indemnification waiver is to release any liability
to the town regarding the gate and the access to the park. Aside from that the town will
take full responsibility for the care and of the fence.
Member of the audience - ...
• President Rheault—I think you can address that to Mr. Sparks directly.
Mr. Sparks—At this point I am not the lawyer, I didn't draft it.
President Rheault—I think you can take that up with him directly.
• Mr. Sparks—But again I do in the letter to all the neighbors was asking for any
concerns that we have during construction, if any pets,children, swimming pools etc. so
when we do take the fence down we are aware of anybody's special needs so we can try
to get that fence back up in a timely manner and also so we can notify the neighbors
exactly when that fence be going down and when its scheduled to go back up. Again I am
• just trying to keep the communication open to the neighbors and any questions about the
legality of the waiver needs to go to the solicitor's office.
President Rheault—Thank you Chris.
• Councilor Bitzas—Make a motion to go out of committee as a whole.
President Rheault—Moved by Councilor Bitzas to come out of committee;
seconded by Councilor Calabrese. All those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed? Back to the motion in front of the council that's
TR-2012 as attached (see previously). Moved by Councilor Simpson, seconded by
Councilor Bitzas. Any further discussion from the council?If not will the clerk please
• call the roll.
ROLL CALL— 9 YES, 2 ABSENT (Coon. Magovern, Mineo).
• 15
President Rheault—9 yes,2 absent you have approved the resolution. !
Item 6.3 TR-2007-13-A Resolution Appropriating from the Community
Preservation Fund and Authorizing the_Expenditure of Community Preservation Funds
for_the Creation, Construction and Preservation of Land as a Park for Recreational Use on
Property_Owned by the Ci +of Agawam and Located on School Street (Mayor). !
President Rheault—As attached(please see attached). That's the one with
265,000. Moved by Councilor Bitzas, seconded by Councilor Calabrese. Any further
discussion on this?If not clerk,please call the roll.
ROLL CALL-9 YES, 2 ABSENT (Coup. Magovern, Mineo). !
President Rheault—9 yes, 2 absent you have approved the resolution.
Item 7.Report of Council Committees
Committee on Rules and Ordin.—Coun. Magovern. 0
Committee on Utilities and St. Acceptance—Coun. Mineo
Committee on Licenses—Coun. Simpson
Committee on Traffic and Street Safety—Coun. Perry
Committee on Zoning Review—Coun. Letellier
Committee on Finance—Coun. Calabrese !
Committee on Industrial Relations—Coun. Letellier
President Rheault—Councilor Magovern and Mineo is absent. Councilor
Simpson, any quick report on licenses?
•
Councilor Simpson—Yes actually the licensing committee did meet tonight
regarding the item of agenda,which I will give a recommendation at the time that it is
brought forth, thank you.
President Rheault—O.k. Councilor Perry. !
Councilor Perry—Nothing was referred to our committee this last quarter,thank
you.
President Rheault—Yes. Councilor Letellier on zoning. !
Councilor Letellier—Thank you. The zoning committee remains one of the
busiest committees on the council,myself as chair,councilor Rossi and Bitzas are
committee members. In January we addressed the issue of the sign ordinance proposed by
Councilor Magovern. I was on medical leave, so Councilors Rossi and Bitzas ran that
item. Next we had meetings with the planning board for to have a historical liason and
which the council recommended, which the committee recommended and the council
passed. The next item referred to us was the Shoemaker Lane zone change. We found out
16 !
• TR-2007-13
A RESOLUTION APPROPRIATING FROM THE COMMUNITY PRESERVATION
FUND AND AUTHORIZING THE EXPENDITURE OF COMMUNITY
PRESERVATION FUNDS FOR THE CREATION, CONSTRUCTION AND
PRESERVATION OF LAND AS A PARK FOR RECREATIONAL USE ON PROPERTY
OWNED BY THE CITY OF AGAWAM AND LOCATED ON SCHOOL STREET
Whereas, voters of Agawam chose to form a Community Preservation Committee,and
Whereas, one of the committee's functions is related to providing recreation benefits to
the City and its residents; and
Whereas,a plan has been developed to create,construct and preserve said land as a park
for recreational use on property owned by the City on School Street; and
•
Whereas, the Community Preservation Committee has previously approved funds for
said purpose; and
Whereas, the project is in need of additional funds to be used to assist in the creation,
• construction and preservation of said land as a park for recreational use; and
Whereas,there is strong community support for such use of funds from elected officials,
--- — Ci y o gawam ep men ea s, an rest eats o gawam; an
Whereas, the Community Preservation Committee has recommended appropriation and
expenditure in the amount of Two Hundred Sixty-five Thousand and no/100 ($265,000.00) from
Fiscal Year 2008 estimated revenue;and
Whereas, it is in the best interests of the public and the City of Agawam to appropriate
. from the community preservation fund and authorize the expenditure of community preservation
funds for the creation, construction and preservation of land as a park for recreational use on
property owned by the City of Agawam located on School Street; '
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, appropriates
and authorizes the expenditure of Community Preservation Funds in the amount of Two Hundred
• Sixty-five.Thousand and no/l00 ($265,000.00) from Fiscal Year 2008 estimated revenue for the
creation,construction and preservation of land as a park for recreational use on property owned
by the City of Agawam and located on School Street.
•
THE AGAWAM TOWN COUNCIL hereby further resolves that the Mayor is authorized
to expend said funds, as permitted by law, and to do all things necessary for the purposes so
stated.
0
PER ORDER OF THE AGAWAM CITY COUNCIL
•
Donald M. Rheauh, President
APPROVED AS TO FORM AND LEGALITY
Oil IA.
AZ V VOL
City Solicitor
I64Ij ,APPROVED AS AS TO APPROPRIATION
•
C eryl St. h& Auditor
•
•
•
•
•
at our sub-committee meeting the item was withheld and we have two matters currently
• pending before us which is the Mushy's LLC matter and the zoning map. Nothing was
referred to Industrial relations, although I am happy to take referrals and I'll be right
back.
President Rheault--Councilor Calabrese on finance.
Councilor Calabrese—The finance committee met last week to discuss the items
that we just voted on tonight. In addition to that meeting I met as a committee of one with
nine parents of special needs children. And if I may I would like to read to you the results
of that particular meeting. The parents represented children that are in the special
education program here in Agawam with a range of disabilities from the autism spectrum
• to language based learning disabilities and the concerns that were raised to me at that
time included, perhaps recommending a step program for teacher's assistance so that they
would get the appropriate training in order to be able to assist teachers of children in the
special education program. Many of the parents, in fact all of the parents echoed what we
heard this evening at citizen's speak time. The attendance of an out of district attorney
• representation the SPED department and the cost of that litigation, in one particular case
it was a 5 '/z hour meeting in which that attorney was present and the clock just running
on his time. And I believe he gets paid in excess of$200 an hour. Lets see, the town tends
to take an adversarial posture in all of the team meetings whether or not there is litigation
pending or not. The district will frequently bring suit against attorney,I am sorry not
• bring suit, will bring an action before the BSEA against the parents of special needs
students and many of the parents indicated that they felt that that was intimidation.
Finally there was a concern about the lack of materials and books,particularly at the high
school. Apparently there is a special education classroom that houses 20 children with no
materials. And consequentially I, I really can't say it better than what our parents here
tonight had spoken and I was actually very glad to see that they were here because I had
recommended that they come and use citizen's speak time in order to address this
committee in whole. And what I have prepared and I don't have it with me but I can
certainly get it all to you is a letter that itemizes each one of these particular issues that
were based and I think its appropriate that we as the council take a look at that SPEC
budget and make particular recommendations with regard to any omissions. Thank you.
President Rheault—Thank you. That concludes the committee report.
Item S.Elections
(a)
1. TE-2007-5-Re-election of a member of the Community Preservation Act
Committee for a term to expire April 30, 2010 (Dorothy Drewnowski—Aga. Housing
Authority).
Dorothy Drewnowski sent a letter to the council and wishing to return.We also
have Scott Macy saying, we the board of the Agawam commission of housing authority
recommend that Dorothy Drewnowski be considered for a third term as a member of the
• 17
Community Preservation Committee. Ms. Drewnowski has faithfully executed her duties
and has actively represented the interest of the Agawam housing authority. Thank you.
Councilor Bitzas— So moved.
President Rheault—Entertain to move the appointment by Councilor Bitzas,
seconded by Councilor Carr Bitzas. I know that she was here, did she leave? Oh she is
there Biding behind the camera. Do you want to address the council or? She enjoys very
much being on thank you, I'll reiterate what you are saying. Councilor Rossi.
Councilor Rossi—Mr. President, do we know of this person's qualifications to be
on this committee?
President Rheault—If we don't we are in trouble.
Councilor Rossi—You know I jest.
President Rheault--Voice vote will be sufficient. All those in favor? i
VOICE VOTE—Unanimous.
President Rheault—Opposed? Unanimous. Congratulations Dorothy.
i
Item 9. Public Haerinas
None.
Item 10. Old Business
(a)
1. TOR-2007-3-An Ordinance to Amend Ch. 49-7 of the Code of the
Town of Agawam (Sponsored by Council President Donald M. Rheault (Ref, to Finance
and Ordin. Comm. on 3/19/07) I't Reading).
President Rheault—And we have a report from our finance chairperson.
Councilor Calabrese—i do. The finance committee did meet to discuss this matter
and we did vote to approve the first reading.
President Rheault—Alright,any other discussion for the first reading. We are !
gonna refer it over to the attorney for some legal language but we are gonna adopt,
attempt to adopt it.
Councilor Bitzas—Make a motion to move the TOR.
President Rheault—Moved by Councilor Bitzas, seconded by Councilor Rossi.
The clerk please call the roll. .
18
ROLL CALL—9 YES, 2 ABSENT (Coun. Magovern, Mineo).
President Rheault—9 yes,2 absent you have approved the first reading). O.k.
Councilor Bitzas is,he has a business conference be has to travel to out of state.
Councilor Bitzas—Happy to everybody.
•
President Rheault—Drive safely.
hern 10.2 TO 2007 9-Glass 11 Dealer Lieense Tfmsfer for Bear Auto Sales (T abled
and referred to License Comm. on 3/19/07).
i
President Rheault—Item is on the table. Moved by Councilor Simpson to take it
off the table, seconded by Councilor Carr Bitzas. All those in favor?
VOICE VOTE—Unanimous.
r
President Rheault—Opposed? The item is off the table in front of the council.
Councilor Simpson.
Councilor Simpson—Thank you. The licensing committee met this evening at 7
o'clock. All committee members were present and also present at the meeting was the
applicant Mr. KudIic. After reviewing some information and clarification the licensing
committee by unanimous vote of 3:0 to give a positive recommendation for approval of
transfer of this license.
President Rheault—Thank you. Any further discussion? Clerk please call the roll.
Oh I am sorry. .
Councilor Letellier—My light, I didn't mean to say no, it just goes on and off. I
have a question. When we were talking and its just to jock memories;may be my
.memory is bad. When we were talking about limiting license and getting back down, I
thought we had a discussion that we were gonna try to limit transfers to interfamiliar
transfers otherwise people could get around to lowering of the license by doing this. That
was my question there and did the license committee vote to approve the additional
number of units as well as the transfer? That was one of my questions, thank you.
Councilor Simpson--Through the chair to Councilor Letellier. First the
clarification on your first question on inter.. can't say the word, inbetween families was
that due to our conversation tonight with the applicant,we did find out that this applicant
was one of the original owners on the application back in remember the?Back to '96.
That's why it was just a matter now of him wanting to be hack on the application, again
• transferring it. And the second question, yes we did vote to allow, we did not make any
recommendation to change the amount of cars. We decided to go how it was presented to
US.
19
Councilor Letellier—Thank you. And that actually also answered my other
question which was how does he have standing to go before the planning board and
everybody else?I thought it was just Mr. Fruhwirth on the license, but he was already on
the license to begin with? Thank you, that answered,thank you very much I am glad we
referred it to you guys.
President Rheault—Councilor Rossi.
Councilor Rossi—Yes just to follow up on that Councilor Letellier. You are
absolutely right in what you said, but in reviewing it with him we found out that he was
the original owner of the license and it's a simple matter of reverting back to him. O.k. so
he does still have standing. However, it was suggested by the committee and Jill as being
the chair of the committee,what we are gonna do is,we are gonna try to get with the
legal department to try to set up some guidelines, because I really think they really need
to be looked at. I think we are getting away from the original intend of what our
ordinances say so I think that's what we are gonna have to do. If we are gonna continue
on with that sort of thing. •
President Rheault—O.k.? Clerk please call the roll
ROLL CALL— 8 yes, 3 absent (Coun. Bitzas, Magovem, Mineo)..
•
President Rheault— 8 yes, 3 absent you have approved the license.
Item 10.3 TO-2007-10-Transfer-$22 000.00 from Reserve Fund 16605-57300 to
Line Items—Long Term Debt Principal (16601-57.600)(Mavor).
President Rheault—Moved by Councilor Simpson, seconded by Councilor Rossi. r
Any discussion?
Councilor Rossi— I do. I was just wondering if we could go to the committee as a
whole. I see that Laurel is our there. I don't know that I really understand this thing the
way its written and perhaps she could explain it to me. Unless somebody else can, r
President Rheault—Entertain a motion to go into committee.
Councilor Calabrese—Moved to go into committee as a whole.
•
President Rheault--Moved by Councilor Calabrese, seconded by Councilor
Letellier to go into committee as a whole. All those in favor?
VOICE VOTE-Unanimous.
f
President Rheault—Opposed?We're now into committee, Laurel step up to the
podium and give us an explanation.
20
Laurel Placzek O.k. at the time as we prepared the budget last year, the modular
classrooms was just an idea for everyone. We hadn't approved everything, at the time we
set up temporary and permanent debt,interest appropriation was brought before you.
When I went out to bond in the Fall I found that everything had been approved that
modular classrooms were going to be underway and I could save between $32,000 and
$64,000 of temporary debt interest by not borrowing for one year and including it in the
long term debt. So doing I need$22,000 this year to pay the long term debt portion of
that interest. So in the long run had I borrowed for one year at 2% it would have been
$32,000. Were likely at 4% it would have been 64,000 that we are saving by having long
term debt, but we have to pay it now.
President Rheault—I, there was something in the back of my mind. If I recall
when we bonded for those and we bonded for 6 classrooms at 1.66 wasn't it?
Laurel Placzek—I believe it is the classroom.
President Rheault—But we are only getting four.
Laurel PIaczek—I believe that's true.
President Rheault— So other than motion ..,
Laurel Placzek—Because the motion itself did not include a number of
classrooms.
President Rheault—It didn't?
Laurel Placzek—It included 1.6 million for the addition of modular classrooms,
so and I think what happened was that this came in higher than had been anticipated at
the time when they build the classrooms they could afford to build. I think one of the
elementary schools that was going to have the classrooms had two modulars and I believe
those are the two that were not added.
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Councilor Rossi—But you're saying that the, when the modulars when we voted
on the money the number of classrooms was not in the ordinance?
Laurel Placzek-I don't believe so.
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Councilor Rossi—But we were told that's...
Laurel Placzek—I think in the presentation they had a proposal as to what they
hoped to buy with that 1.6 million. So when the bids came in they were much higher than
had been anticipated.
Councilor Letellier--Moved to come out of committee as a whole.
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President Rheault—Moved by Councilor Letellier,thank you Laurel, seconded by
Councilor Simpson. All those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed?We're out of committee. Transfei is in front of the
council.
Councilor Letellier— So moved.
President Rheault—Moved by Councilor Letellier, seconded by Councilor
Simpson. Clerk please call the roll. i
ROLL CALL S YES, 3 ABSENT(Coon. Bitzas, Magovern,Mineo).
President Rheault— 8 yes, 3 absent you have approved the transfer.
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Item 11. New Business
1. TO-2007-11-Voucher List_($2,000.00).
President Rheault_Next agenda. i
Item 11.2 TR-2007-14—A Resolution Establishing Stop Signs at Various Streets in
the Town of Agawam(Mayorl.
President Rheault—Next agenda.
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Item 12. Any other matter that may legally come before the Ci. Council.
President Rheault— Start to my furthest right, Councilor Perry.
Councilor Perry—Nothing Mr, President.
President Rheault—Councilor Letellier.
Councilor Letellier—Nothing thank you.
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President Rheault—Councilor Calabrese.
Councilor Calabrese—I just want to wish everybody a happy Easter coming up
and kids have a week coming off from school in a little while and stay safe and have fun.
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President Rheault—Councilor Carr Bitzas.
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Councilor Carr Bitzas—I just wondered Mr. President if everyone has read this
! that came in our packet, regarding set of docket 1987,house docket 1298? Yes I think
that's very important and I don't think we should let it go by. If anyone hasn't read it, I'll
just read a little bit of it. Its legislation that has been produced that will strip local
governments of their power to franchise cable television and would transfer this power to
the state. Under this legislation the local government would have no authority to approve
who is using its right of way,nor to require that that service be made available to all its
! residents. Set of docket 1987, house docket 1298 allows Verizon to by-pass local officials
completely and would require the state to grant them a single state issed franchise
agreement that would allow them to cherry pick the communities and even the
neighborhoods they serve. The only recourse a municipality would have is to take
Verizon to court. There were two times they sent a resolution in, the are recommending
! resolutions from city/town. The town of Waltham has sent one. We have a copy of that
and the city of Quincy has sent in their strong opposition to this detrimental to the town
of Agawam legislation. So I think it behooves us to bring a resolution together and send it
out just as well as the other towns, because we've always had an omnibudsman, Lou
Draghetti was the omnibudsman for Agawam working out the costs and things for the
! town for cablevision. I remember his office had a cablevision TV, none of the rest of us
had it, he had it being the omnibudsrnan and it just seems to take power from the town
and I don't think that's in the best interest of the people of the town. And I think we don't
should pass this up. So if other councilors feel the same way I do about it, I think we
should have this put in resolution form and they put it together very well in Waltham and
also in Quincy, so we could really just do the same thing and sign on to it. What do you
think?
President Rheault—Just change the wording.
Councilor Carr Bitzas—Just change a little bit of the wording. Agawam for
Quincy or Waltham and express our opinion of it, its not a good thing for Agawam. Why
should Verizon circumvent the town's process that we had in process for years and years
and years. It doesn't seem right to me.
President Rheault—I'll take care of it.
Councilor Carr Bitzas—Very good.Also,I just wanted to bring up the loss of
Barbara Gingrass. I think so many people of Agawam known Barbara. She past away this
past week and I was amazed at her funeral mass that the church was full, full of the
people whose lives that Barbara touched. I knew her years ago when she first started her
r knitting classes in her home. I remember taking classes there. She's done the knitting
classes down at the senior center for years now. She's been very active in her church, St.
John Evangelist. She was secretary of their over 60 club and many, many other things,
too numerous to mention. Barbara was a real good citizen of Agawam. She will be dearly
missed. And I also wish you all a happy Easter.
President Rheault—Councilor Rossi.
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Councilor Rossi—Nothing.
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President Rheault--Councilor Young.
Councilor Young—Nothing.
President Rheault—Just to let the council know I attended the fire chief s dinner
and retirement parry and presented a citation on behalf of the council, which he was very
appreciative about and also ended up presenting one from the mayor as well. It was a
good time. And I think Councilor Simpson your two requests were answered from a
previous meeting and I would entertain a motion to adjourn.
Item Ad ournment
Councilor Calabrese— So moved; seconded by Councilor Young.
President Rheault—All those in favor of adjourning?
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VOICE VOTE—Unanimous.
President Rheault—Opposed?Unanimous. Good evening, we are now adjourned.
Adjourned at 8:50 P.M.
Respectfully submitted
Ursula Retzler
Clerk of the Council
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