CC MTG MINUTES OCTOBER 15 2007 REGULAR MEETING OF THE AGAWAM CITY COUNCIL DATED OCTOBER 15 2007
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President Rheault—Good evening ladies and gentlemen. Welcome to the regular
council minutes uh, meeting of October 15, 2007.
Item 1. Citizen's Speak Time
President Rheault- We have a few citizens wishing to address the council. The first
being Gary O'Brien. Gary, the uh, there's a light switch right there and turn it towards
you so it will amplify. Thank you.
• Gary O'Brien--Good evening. I'm Gary O'Brien and I live at 30 Oakmont Place in
Feeding Hills and I'm a police officer in Agawam. I've been so for twenty-five years
now. Before I even start this, I just want to say I have the utmost respect for the Council
and what your mission is. Okay, I spoke with you a few weeks back and I had no
immediate plans on returning but a few things have occurred that I need to address. I
• wish to address the First Amendment "Freedom of Speech and Expression". During the
past collective bargaining meeting approximately two years ago, Mayor Cohen became
enraged at our union attorney, John Kahn, over something he said. Cohen jumped out of
his chair and physically challenged our lawyer to a fight. He lunged at him and had to be
restrained by the late Tommy Locke. Our lawyer exited the room in disgust but was
• chased out into the common hallway located outside the Mayor's office. Cohen
continued trying to attack our lawyer, yelling out of control, making no sense. Officer
Poggi and I blocked Cohen from striking our lawyer as Tommy Locke held on to him by
his arms. We threatened to arrest him if he didn't stop. Tommy pulled him back into the
room and blocked the door. This violent outburst was a result of mere words spoken by
• our lawyer. Officer Kunasek placed a Susan Dawson for Mayor sign on the back of his
personal vehicle. Councilor Bitzas took issue with it. He stopped in traffic, took out his
camera and snapped a shot of the sign. Bitzas left holding the camera like he just
snapped a shot of the Loch Ness monster! On October 100,Detective Anthony and his
two children, Officer Strong with his daughter, Officer Holdt and I stood on the opposite
side of the road from where the future site of the Senior Center groundbreaking took
• place. We held Dawson for Mayor signs along with police union signs regarding police
pay. Councilor Bitzas was parked on Main Street, a state highway, where parking is
forbidden. He exited his vehicle,visibly upset,pointed his finger at us. To my disbelief,
he demanded that we leave the area because we were standing on town property. A
public sidewalk this is. He stood out in the road and demanded us to move or we'd be
• arrested. He said we were an embarrassment to the police department. Detective Grasso
informed Bitzas that we were not breaking any laws by standing in a public place, that he
should consider moving his car because it remained on a state highway where parking is
forbidden. Bitzas challenged us to move his car and then said go ahead and ticket it.
Bitzas yelling a public disturbance causing the neighbor behind us to wake us from his
• sleep after working nights. He asked what the commotion was because his dogs were
barking and he heard yelling. Bitzas at one point, moved on to the road causing cars to
slow as he carried on on his rage. This scenario is a classic disorderly person under
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Mass. General Laws 272, Section 53. Two cruisers less than a minute later arrived.
Traffic Officer Tom Marmo kindly asked those who parked in the road to move onto the
grass. Bitzas told Officer Marmo to arrest us. Marmo informed him that we are, we have
done nothing wrong. Bitzas again took out his camera and took more pictures. It greatly
concerns me that Bitzas showed no regard for the First Amendment, the right to freedom
of expressions and speech. This is a right that people such as I embrace. People in many
countries have been imprisoned, tortured, sentenced to death and removed from society
0 for speaking out against their government. This country, Councilor Bitzas, is not one of
them. This is the United States of America and you should be ashamed of yourself for
attempting to censor our speech and our expression. I later thought how you demanded
Officer Marmo to arrest us. The outcome didn't concern you for one minute. The young
children accompanying us were of no concern to you. Kristine Grasso held onto her
• father and was visibly shaken. Before I officially started working for the Agawam Police
Department, Robert Rossi was the Sargeant in Charge of the shift. He talked to me
outside of the Police Department which was located at 36 Main Street. He told me as a
police officer you'll have awesome authority and your actions on others could affect
them for the rest them for the rest of their lives. He asked me always to remember that. I
am asking you, Mr. Bitzas, to remember that as well. Suppressing speech are not
violations of First Amendment unless the State does the suppressing. The State can
either be the Federal government or a State government. You, Councilor Bitzas, are a
member of the Council which is the legislative branch of our town government. It scares
me to think that you are part of drafting, adopting and voting on any town law. I suggest
you go to the library and read a book on constitutional law. I'm willing to buy the book
for you on a guide to humanities. When you're through with them, please pass them on
to Mayor Cohen. If you, Mr. Bitzas, if any person in this town think that they're going to
coerce,threaten,intimidate or prohibit any person from expressing their choice of
leadership, you are sadly mistaken.
0 Councilor Bitzas - Point of Information, Mr. President, please...
Clerk—One minute please.
Councilor Bitzas - —personal attack ,this is not supposed to be here and I have...that's
• absolutely ridiculous.
President Rheault - He has the right to speak under the First Amendment.
Mr. O'Brien - I have thirty seconds left.
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President Rheault - You can continue Mr. O'Brien.
Councilor Bitzas - This is out of order. That's crazy what you say ... policeman say...
0 Mr. O'Brien—I'm voting for Susan Dawson. We're on audio/visual. You won't need
your camera. Look, Mr. Bitzas, I said this. This country is wonderful. It's a free place
to live in. I love it. Thank you.
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President Rheault—Larry Litton. Larry Litton, please.
Larry Litton—Wow. Uh, I'm Larry Litton, President of Six Flags, 1623 Main Street,
uh, I'm not gonna stay for the entire meeting but I felt I would be remiss if I didn't again
ask you uh, as you bring the Parking Ordinance in front of the town and to Public
Hearing, that you, that you seriously seriously consider the good things that have
• happened from the Ordinance. That you not repeal it. That you take the good things and
keep them in and you amend the Ordinance and take out the things that didn't work well,
that did cause problems, that did cause suffering to people certainly didn't deserve the
suffering it cause them. Uh, safety is an issue in town. I'm sure that uh, Main Street is
not the only area in town. That there are issues of safety. I don't claim to be smart
• enough to have the answers to all of em but I do have faith that this group has the ability
to get together and work with the town and resolve this so we can have both safety and
sanity. And I ask that you keep that in consideration as you move forward on this.
Thank you for listening.
• President Rheault—Thank you. Jason Freeman.
Jason Freeman—Good evening. Jason Freeman, 1623 Main Street at Six Flags. I'm the
Corporate Safety Manager for the property and for the company. Uh, again,uh,
reiterating some of what Larry has just said, we ask that as you explore options to the
Parking Ordinance, we're asking that you seriously consider not repealing it but repairing
it. We understand that there are clearly issues with what has been put in place but we
want to make sure that the safety issue that we originally came to the council and to the
Mayor is addressed.. Again, we're greatly concerned that eventually somebody will be
severely injured if not a fatality out in front of the property that is ours. So again, we ask
• as you look at this to please do not repeal, but repair it. Thank you very much.
President Rheault—Susan Dawson.
Susan Dawson—Good evening Council. I'm Susan Dawson and I reside at 21
Alexander Drive. I'm here this evening to address the parking issue. Back at the
• beginning, actually why don't I back up for one moment. This is the first time that
anyone has heard from me except for in the Agawam Advertiser where at the very bottom
of a small paragraph in my second article, I did note that there were going to be problems
around the Big E. Other than that, I would ask you, contrary to what you've been asked
previously,to repeal this. I said that to Ray Hershel when I was interviewed at the
beginning of August and that was when it was only affecting the people down on Main
Street. Now we have seen it in all kinds of ways. Our seniors have been affected
because they can no longer park at the churches. We had the problem with the Big E.
I've brought you numbers this evening. Mr. Cohen said that at no time other than.the
September 22"d of this year's attendance of 141,000 had there ever been attendance that
large. Indeed, on many other occasions during his tenure, there have been crowds that
have exceeded that and I brought you the information that came directly from the Big E.
And I'll leave that with Barbara so that you can have that for your own records, which
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would be my style of leadership. You should have the facts and you should know what's
0. going on. Again, I would ask you to please consider repealing this because the way that
we are looking at this right now and what is in writing right now,will only be shifted a
little bit one way or the other, if you do not repeal it and we do not start over. Thank you
very much.
• President Rheault—Thank you. James Marmo.
James Marmo---James Marmo, 130 Main Street, Agawam, Mass. The Mayor has given
the Chief of Police $15,000.00 for a raise. The Mayor is getting a$20,000.00 a year raise
but the people that protect us, the firemen and the policemen are getting nothing. They
put their lives on the line every day for the people of the town and they deserve a raise.
• The Mayor bought the building the DPW garage is in and he claimed that to rehab it and
to buy it would be about $3 million to buy it and rehab it, which ran over budget and
would up to be about$7 million plus the interest. With everything it'll wind up to be
about $10 million. He took$2 million from the water surplus fund. If he had that much
surplus, he must be overcharging the people of the town. The money could have been
• subsidized... the sewers at Bradford Drive and Barry Street area of Feeding Hills. The
people in that area...the Mayor and Councilor Mineo said they were going to get sewers
but will have to pay $25,000 - $30,000 each house assessment. Some of those people
already spent$10,000.00 to $20,000.00 to put in new septics and the town isn't going to
give them anything toward the assessment. So in other words,they're going to be
• spending $50,000.00 for a sewer. The Mayor said the senior center is going to cost $7.5
million. With the interest it'll be more like $10 million. And that's what, as far as now,
the news, the Reminder newspaper said the contractor the Mayor hired, Barr Inc. of
Putnam, Ct. has many issues. The town of Dartmouth states they had problems with the
police station from Barr. Barr stated "I don't think 1 ever done a job that there wasn't
something negative." 1 mean he said this himself. Haddam, Ct. had problems with the
fire department's new building. The subs didn't get paid for the previous job and
wouldn't go to work until they got their back pay. Barr was six months late plus the roof
leaked in a brand new building. Barr is a non-union contractor. The Mayor is spending
money like there's a tree in the back of the town hall. If the taxes go up, he doesn't raise
the mill rate. What he does is he raises the assessment. So people think wow, he didn't
• raise the mill rate. He didn't raise the taxes. Taxes have gone up 25%to 30%in the last
eight years. It's time to change. Make sure you vote November 61h!
Item 2. Roll Call
• President Rheault—Will the Clerk please call the roll?
ROLL CALL—Nine present, two absent
President Rheault-Nine present, two absent. We have a quorum. Councilor Simpson
called and had an important meeting that she couldn't get out of and will not be in
attendance.
Item 3. Moment of Silence and the Pledge of Allegiance
President Rheault—I ask you to rise for a Moment of Silence and the Pledge of
Allegiance and especially to remember State Representative Rosemary Sandlin who sadly
today buried her son and please bear that in mind.
Item 4. Minutes
President Rheault - Regular Council Minutes of August 6, 2007, moved by Councilor
Perry, seconded by Councilor Magovern. Any discussion? Corrections? If not, voice
vote is sufficient, all those in favor? Opposed? Unanimous. Regular Council Minutes of
October 1, 2007, moved by Councilor Perry, seconded by Councilor Magovern. Any
! discussion or corrections? If not, all those in favor? Opposed? Unanimous.
Item S. Declaration from Council President
None.
Item 6. Presentation of Petitions,Memorials &Remonstrances
None,
Item 7. Rg ort of Council Committees
None.
Item 8. Elections
! 1. TE-2007-9 -Election of a Member of the Community Preservation
Act Committee
President Rheault—Floor is open for nominations. I'm sorry, Councilor Letellier.
! Councilor Letellier—That's alright. Thank you Council President Rheault. It's my
pleasure to nominate Corinne Wingard.
...I'll second that.
! President Rheault—Moved to nominate, I'm sorry I missed the name.
Councilor Letellier- Corinne Wingard
President Rheault—Corinne Wingard. Any other nominations? None? Entertain a
! motion to close nominations. Moved by Councilor Letellier, seconded by Councilor
Magovern. Nominations are closed. We have one name. All those in favor of Corinne
Wingard? Voice vote is sufficient. Any opposed? If not, unanimous. And I believe I
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saw her here somewhere. There she is. Congratulations and I'm sure you'll do a great
job.
Item 9. Public Hearings
1. PH-2007-10 (ZC-2007-6) -Zone Change to the Property known as
164 South St. Agawam, as submitted by 194 South Street Limited Partnership,
representing Donald H. And Janet M. Cook(Planning Board)
President Rheault—Recommendation from the Planning Board was positive. We have
a public hearing on that tonight I believe. I now declare the public hearing open. Is the
representative...please step to the microphone and state your name and address for the
record.
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Mark Benoit- Good evening. My name is Mark Benoit. I live on 76 Blockman Drive in
Longmeadow and I am one of the principles of 194 South Street partnership that is
working on the Twin...farm over-55 community on South Street which encompasses uh,
164— 194 South Street. And on behalf of the Cook's,we have petitioned for a zone
change to a parcel which would comprise their current residence. As you know last year,
the Council voted and approved the zone change to this entire thirty-acre parcel to over
55 —A5 —age restricted housing. That was for the entire thirty-acre parcel comprising
both 194 and 164 South Street. And 1, if anyone would like me to point this out on the
survey, I would be glad to give you additional details by illustration on the survey what
parcels these comprised. But it's a thirty-acre parcel that was rezoned as over 55 age
restricted housing.. We appreciate that rezoning. We've been working on our site plan
and have our site into the Planning Board for approval. We're moving forward. Uh, one
of the questions when we first asked for the rezoning and accomplished the rezoning on
this parcel, was what, what were our intentions with the Cook residence which is at 164
South Street? And our intention was always to have that remain as a single family
residence but nevertheless we rezoned the entire parcel including the residence. That
residence does not lend itself to conversion or for sale as an over 55 residence just
because of nature of it being a large farmhouse. So we have petitioned, our
agreement with the Cooks in terms of our acquisition of the property is to petition and .
request a zone change on a portion of that parcel. And we demised some property lines.
It's about .85 acres which comprises their garage, their residence and plenty of land to
operate a single family residence. We're in agreement with them on the purchase of the
land. This request to zone change of that parcel back to Residential A2 which is what it
was previously zoned before it was changed to A5. Petition for that zone change and uh,
if that zone change is granted which we hope you'll agree with us in terms of the, the
logic of changing the zone on that parcel. If the zone change is granted, we will deed that
parcel back to the Cooks. We will deed their residence back to them and that would
continue as a single family residence in Agawam without the restrictions of the over-55
community. The rest of the site will be developed as over-55 and quite frankly when we
first were working on this uh, we did not put a lot of thought into what the disposition of
that house was. Had we done that when we asked for the zone change, we would have
kept that out and kept that zoned as A2 which is what it was previously. But we zoned,
for ease of uh,planning we requested the entire parcel be zoned A5 and requesting this
i
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change on .85 acres along South Street to Residential A2 which is what it was previously
zoned. I'd be happy to answer any additional questions that the Council or the public
may have.
President Rheault—Any questions from the Council at this point for Mr. Benoit? I
guess not.
• Mr. Benoit—Thank you.
President Rheault—Is there any one in the audience who would also like to speak in
favor of the granting? Anybody like to be recorded name only? In favor? Anyone who
wants to speak in opposition of the granting? Any who would like to be recorded in
• name only against? Any further questions from the Council before I close the public
hearing? Easy presentation uh, we fully understand what it is so I not declare the public
hearing closed. Council's pleasure?
Councilor Letellier- Motion to approve the Zone Change.
•
President Rheault—I think we have to be more specific. Parcel C.
Councilor Letellier- I was going to but it was seconded before my motion got out of my
mouth. So I make a motion that we approve ZC-2007-6 to change 164 South Street from
Residence A5 to A2.
Councilor Magovern -Now I'll second that motion.
President Rheault—Any further discussion? If not, Clerk please call the roll.
ROLL CALL—9 Yes, 2 Absent(Carr Bitzas, Simpson)
President Rheault—Nine yes,two absent. You've approved the zone change.
Item 10. Old Business
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1. TO-2007-25 - Voucher List $85.86
President Rheault—Voucher List has been approved. Voice vote is sufficient. All of
those in favor? Opposed? Unanimous.
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2. TO-2007-26 -Voucher List($447.00)
President Rheault—Voucher List of$447.00. Voice vote is sufficient. All those in
favor? Opposed? Unanimous.
•
3. TO-2007-27 -CLASS I & 11 LICENSES for renewal— G&TBeaver,
Inc. d/b/a Beaver Camper Service, 721 Springfield St., Feeding Hills; LaFleur Auto
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Exchange, 374 Main St., Agawam, Malkoon Motors, 1039 Svring_field St., Feeding Hills;
• Parrotta Auto Repair, Inc., d/b/a Parrotta Auto Sales, 357 Main_ St., Agawam.; RNK Auto
Sales 28 Ma lan Lane Agawam-, E. Wayne Smith Used Cars 1016 Springfield St.
Feeding Hills.
President Rheault—Moved by Councilor Rossi, seconded by Councilor Bitzas. Any
further discussion? If not...Clerk please call the roll on those.
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ROLL CALL—Nine yes, two absent (Carr Bitzas, Simpson)
President Rheault—Nine yes and two absent. You have approved the Class I and II
licenses.
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Item IL New Business
1. TR-2007-34 -A Resolution Authorizing the
Reservation of Funds from the Community Preservation
Fund (CPA)
2. TR-2007-35 -A Resolution Authorizing the
Appropriation of Funds from the Community Preservation
Fund (CPA)
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Councilor Minco—Point of Information. There was something in our packet on TO-
2007-28? It was in our packet last week and it's not on the Agenda this week. I was just
wondering what happened with that? It was for the propane storage..?
. President Rheault—Did we not set a public hearing date on that?
Clerk—Yes. We set a public hearing date for November 7'' so it wouldn't be the Agenda
this week. It'll be on the next agenda.
Councilor Mineo—Okay,just asking cuz it was in New Business the last meeting...
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Clerk—Right but there was no date on it so—okay? Thank you.
Councilor Minco —Okay. Just checking.
3. TR-2007-36 -A Resolution Authorizing the
Appropriation of Funds from the Community Preservation
Fund (CPA)
President Rheault—TR-2007-34,-35, and -36 are resolutions regarding the CPA.
They'll all go on the next Agenda.
4. TR-2007-37 -A Resolution Adopting a
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Residential Factor of.00000 (to be determined) Pursuant to
Massachusetts General Laws, Chapter 40, Section 56. (Set
Public Hearing Date—Suggest November 7, 2007) (Mayor)
President Rheault—We need to set a public hearing date. The day that's suggested is
November 7th. Any problem with that? Hopefully, we're gonna have the information.
We will definitely have the information or we won't act on it.
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5. TO-2007-29 -Voucher List($74.30)
President Rheault—Next agenda.
! 6. TO-2007-30 (PH-2007-12) - Suggesting a Public
Hearing of November 7, 2007 to Amend the Code of the
Town of Agawam Zoning Ordinances by Deleting and
Repealing "Temporary Parking" (TOR-2007-6). (Council)
• President Rheault— We need to set a public hearing for TO-2007-30 (PH-2007-12)
which is to amend the code of the Town of Agawam Ordinance repealing "Temporary
Parking". That's in front of us this evening. The Planning Board is holding their Public
Hearing on the lSth. I would probably suggest that we first read it tonight and set a public
hearing date so we can act on it sooner than later. Everyone has received it I would
assume. Well, we all signed off on it so we should have. For the public's information, I
will read it into the record.
TOR-2007-6
• AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM ZONING ORDINANCES BY DELETING AND REPEALING
"TEMPORARY PARKING"
Sponsored by: Councilors Robert E. Rossi, Gina M Letellier, Cecilia Calabrese, Donald M. Rheault, Robert A.
. Magovern, Dennis J. Perry, Joseph Mineo, Jill P. Simpson, Ruth A. Carr Bitzas, Robert M, Young, George Bitzas
WHEREAS, the code of the Town of Agawam Zoning Ordinances, Article XVIII, Section
180-44F, entitled "Temporary Parking" was approved by the City Council on June 14,
2007; and
WHEREAS, the Mayor has indicated that certain parking areas and groups in Agawam
will be exempt from this new ordinance; and
! WHEREAS, these exemptions and selective enforcement would seem to be counter to the
argument that this new ordinance was passed solely for public safety; and
WHEREAS, that these exemptions to this new ordinance effectively treat different
• classes of citizens differently, thus favoring one class of citizens and discriminating
against another class of citizen; and
WHEREAS, that this new Ordinance has developed deep concern that its amendments
violate Equal Protection Clause of the US Constitution; and
• WHEREAS,Article XVIII, Section 180-44, entitled "Temporary Parking"should be
repealed and deleted; and
WHEREAS, the proposed Amendments to the zoning ordinances are in the best interest
of the City of Agawam, the public and the general welfare of the community; and
•
NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and
enacts to the Code of the Town of Agawam as follows:
The City Council hereby votes to amend Chapter 180, entitled "ZONING" by repealing
• and deleting the current Article XVIII, "Temporary Parking" language in Section 180-
44.
President Rheault—That's the first reading. Any discussion? It's under New Business,
we're not adopting it tonight. It's just to move it along. Why not? We're not adopting.
• Want to vote on it tonight?
Councilor Magovern—I move we suspend the rules so that we can move it ahead on the
first reading.
President Rheault—Moved by Councilor Magovern, seconded by Councilor Rossi.
•
Councilor Bitzas—Point of Information, Mr. President?
President Rheault—What's your point, Councilor?
• Councilor Bitzas—The first reading? Can we have a public hearing before we make
decision? To hear from the people?
President Rheault—We haven't made a decision. This was just a first reading. The
adoption is when we make the decision which is the second reading. Any other
• discussion?
Councilor Letellier- Move the question.
President Rheault—Move the question. Question's been moved. Clerk please call the
• roll.
ROLL CALL—Nine yes, two absent (Carr Bitzas, Simpson)
•
• President Rheault—Nine yes, two absent. Suggested public hearing date is the 7`h of
November. Now we have...is that satisfactory to the Council?—Yes, well Planning
Board's got their public hearing the 181h, so I would think that in three weeks or two and
a half weeks, we should get a...if not,we'll just have to table this until we do.
Councilor Letellier—Point of Order. We've moved to suspend the rules.. Now we need
to, I believe, move the first reading? Just want to make sure we're doing all our P's and
Q's. I make a motion that we move the first reading of TO-2007-30 as read.
President Rheault—You're absolutely right. Moved by Councilor Letellier, seconded
by Councilor Calabrese. Any further discussion on that? If not, Clerk call the roll,
• please. Thank you.
ROLL CALL—Nine present, two absent (Carr Bitzas, Simpson)
President Rheault—Nine yes,two absent. You've approved the first reading. The
November 7th, comfortable with that? All right. Want to set that up Barbara?
7. TO-2007-31 -Voucher List ($3,839.00)
President Rheault—Next agenda.
S. TO-2007-32 - CLASS II LICENSES for renewal-
A-C-E Auto Body/Sales, 1363 Main St., Agawam; Auto
Kraft, 119 Walnut St., Agawam; Balfour Motors, 1801
Main St., Agawam; Chris Auto South,Inc., 207 Main St.,
Agawam; Elmwood—D&J Auto Sales, 521 River Rd.,
Agawam; Garden Auto Sales, 204 Garden St., Feeding
Hills; Luigi's Auto Body and Sales, Inc., 371 South
Westfield St., Feeding Hills; Zielinski Brothers,II, 218
Shoemaker Lane, Feeding Hills.
w President Rheault—Next agenda.
9. TO-2007-33 - Order Granting of Renewing a
LICENSE for Automatic Amusement Device(s)—Tom-
Weil Enterprises,LLC d/b/a Coach T's, 360 North
Westfield St., Feeding Hills, MA.
President Rheault—Next agenda.
10. TO-2007-34 -Voucher List($734.00)
President Rheault—Next agenda. Item 12, we'll start from my furthest left, Councilor
Young. Anything?
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Item 12._ Any other matter that may legally come before the City Council
Councilor Young—Nothing other than I wish everyone luck on November 6`r' and see
you on November 7 '. Thank you.
President Rheault—Oh that's right. Thank you. Councilor Rossi?
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Councilor Rossi—Yes just quickly. I'm reading this letter that was sent from the Mayor
in regards to the Sportsman club cleanup that was addressed by this Council several
weeks ago. And there's still a couple of things that bother me here. He said that he's
closely monitoring the situation down there, but I was by there, I go by there quite
i frequently and I don't see any improvements down there. I would suggest that maybe we
could get a letter to the Health Department. Have him go down there and get a status
report on that. An evaluation on that property? And the other thing that concerns me is
that that property was in non-compliance uh, by the EPA and I just want to know what
the status is. There has to be some serious fines and penalties levied here and I just want
to know how that's being handled. Is somebody paying that? Hopefully, we're not
paying it but uh,just exactly where does that stand on the clean up? He's alluded to the
fact that there is still a Sale and Purchase Agreement on that property and I have heard
differently,that there is no longer a Purchase and Sale Agreement on that property. And
I would like to see if we could get a status on just exactly where that property stands and
just how is it going to be affecting us? I understand that there's some run-offs on
property that we own now and we could be getting ourselves into some trouble if this
thing isn't taken care of. So I would like to get a little deeper status report other than to
have him say that he is closely monitoring the situation in such a real matter-of-factly
king of a way. I think we should look into this a little bit more deeply. Can we get
something out for that?
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President Rheault—Yea, when I wrote the first letter, that's the reply. I will gladly
write the second one. Councilor Bitzas.
Councilor Bitzas —Thank you Mr. President. I wish the police was here to listen. They
• left after they attack so badly and unprofessionally. In everybody station in Greece, it's a
law to have signs reading. One says, reads, `know yourself. And the other side reads
`do not pass judgment before you hear both side of the story.' Last Friday, we have a
breaking ceremony of senior center about 9:30..the seniors and we park at the right and
um, then I saw three people. I didn't recognize them, person was in regular clothes
• before the ceremony started. And they have signs of one of the Mayor's opponent...it's
fine with me whatever you vote for it's your prerogative. Do whatever you want to do.
I'm not going tell you how to vote. But there was signs and they were ...before the
ceremony starts,they was placed between the road and the sidewalk. Was three signs, it
was the opponent of the Mayor Cohen and signs the police was there put in the ground.
A picture is a thousand words. If the camera and saw this, he can see yourself...how
illegal the signs were. I told him Councilor Magovern passed an ordinance the Council
vote for it. It's illegal to place signs into the treebelt without attendance. You have to
hold, it's fine. I've no problem at all. But in the treebelt between the street and the
! sidewalk. They're not..supposed to put unattended signs and leave. They were very
rude. They say move your car too. I say it's fine. I move the car. The other person
moved the car. Councilor,uh,the President tried to move his car after they call the police
and unfortunately he backed up...so and he got about$2000 damage his car. They didn't
say that. They create more trouble there than anybody else. But that's not fair to be such
49 an attack...no report there about the incident. I told them, yes I did told them and I'm
proud of it. I told it's not professional to go like this and break the law because we make
the laws and they supposed to do it but they don't do it. They're not gods. And I'm not
afraid of them. Maybe tomorrow they gonna..get a tickets, I don't know, maybe I have a
ticket tomorrow. Doesn't...fair. What's fair is fair. This is the complete story. Mr.
O'Brien,which is of course police officer of the union, what he spoke right here was
i unprofessional. I can't believe it for police officer to do...to attack people like this.
That's okay. It's politics. It's election year. People they know what's going on. People
they're smart and they know what is going on. We have a thirteen unions to negotiate.
Nobody—way to do it. This is dirty politics play by the police and I'm sorry to say that.
I probably get hurt but I speak the truth. This is the picture. And the other incident about
! Main Street was a police officer they can do anything they want, the cops. But the other
picture, I never stopped the car. I went back to work. And the I saw this, I was surprised
so went back and...camera, of course you don't have to stop,just flip and take a pictures
and this is the picture. If the camera go down here, close and can't see it. It's a police
office holding ...that is down. It's in break Iane car,person in car parking next to him in
the break line and then go down here and...traffic..he pay no attention to anybody but it's
okay...I have—and get pay and this is I say, that's not fair. Doesn't look good. I didn't
complain, I didn't call the newspaper, I didn't say anybody. I just took this for my
curiosity and I show a couple of my friends and look at what happens. That's not fair to
have a uniform policeman to play politics....other...and to have a person to use citizen's
! speak time, attacking with no, no, it's just unthinkable, unthinkable. I have no problems,
it's a free country, they can do whatever they want to do. But they should not break the
law. They not supposed to put signs on that way. You can see down here, if you
councilors take a picture that I give to you, there four signs unattended and they put it
down there to distract the beautiful ceremony that we have for the breaking ground of the
senior center. Why? Why don't let the other unions go and get the pay raises and I
! believe so, and I told them as I passed by them. We start yelling and screaming in the
entrance, I said gentlemen, I said, good things come to those who wait. You better have
fair settlement. 1 spoke the Mayor. I don't know anybody in this council spoke the
Mayor. I did spoke the Mayor and he assured me he will do the best can for them. But
...politics said with...not supposed to do that. I spoke many times to him and I told him
• they deserve raise. Be the same as anybody else and said I'm working with them. I'm
not going to say what he said. I'm not going to discuss it with you but I'm working. So I
give. Councilor Letellier asked the Councilor last time to call the Mayor if anybody call
the Mayor? If you did, let us know what he had to say. .I don't, you know, we elected to
do a job to serve all the people. We elected by the people and I'm not going get
i intimidated from five police officers or three or four. We have an excellent police force
but some apples, bad apples, that try to rotten the rest of them. I hope that police force
don't allow that. I won't allow that. I was second lieutenant in army and I know what
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leadership is and respect for that,people involved there. They show no respect to
anybody. I'm sorry to say that. I hope the officer was down here. What happened?
They attack me for not two things and they walk out. End with a good note. I'm sorry to
be emotional but this is something that should not happen. Negotiation should not
happen before the election. Should be stop it, stop the negotiation months before the
election and start after or finish before the election. I don't know...but it is and I give a
credit to the other unions the other eleven, twelve unions. They do it quietly, not throw to
a face. Not that way, it's not good for our town, it's not good for them, it's not good for
us. It's very important. I, 1, I'm not happy, I'm not happy to see a police officer I respect
very...to come using the citizen's speak time, attack and fabricate. They didn't say
anything but they confuse so much Mr. President got $2000 damage because you make
him so nervous. He back up his car and hit a FedEx car... nice ceremony probably
Councilor Don Rheault and Councilor Magovem, and Councilor Letellier they were
there. We have a great time. The kids are fantastic. This is what we should be proud of
it. The kids behave,the teachers were, uh, it was very very good. We did uh, we had
fantastic program. I don't want to start thanking everybody now but we did...fantastic
and was a good program. Was a good thing. We have a very good town. Let's work
together, make it better. Be altogether united, it'd be a lot happier. Okay? So thank you
so much.
President Rheault—Councilor Magovern.
Councilor Magovern—Thank you Council President. Just a couple of items. Number
one on George's comment that this should have been settled before the election and not
an election issue as far as the police are concerned. I totally agree. It should not be an
election issue however, if it were settled a year ago, it wouldn't be up now during the
election. So I, too, wish that this had been settled a long time ago so that it didn't rise its
• ugly head during an election. But I take my hat off to our Agawam police force. I'm
sorry that we have to have this consternation during an election over pay raises but it'll be
settled justly very soon. Couple of other quick things. I'd like to have a letter going to
the Mayor as it related to the School Street Park. I've heard from some of the neighbors
down there that they have been promised hemlock borders so that they would get
protection from the park. And the hemlock borders which grow up into a very very nice
• screen from what's going on have turned into blue spruce. And anybody who knows a
blue spruce versus a hemlock, a blue spruce is a gorgeous tree but they don't exactly
grow very fast. And they'll be there for twenty years before they get a screen from the
park. So I'd like to find out from the Mayor, if these were changed from the original
specs, because I do remember seeing in the specs hemlock borders. That's just a
constituent request that I'd like to pass on to the Mayor. The other thing is we're having
our Harvest Festival this weekend sponsored by the Agawam Rotary. It starts at 10:00
and runs until 3:00. It's gonna be a great day. We've got several vendors from all over
that will be coming to it. We've got some people coming with tag sale tables. We're
gonna have hamburgers and hot dogs. We're gonna have apple pie. We've got other
• community groups participating where they will be setting up...the Agawam Historical
Association will be having a booth there. So it's gonna be, I think, a fun first-time event
for the town of Agawam where we can put our differences aside. And everybody come
•
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down, have a great time. Bring your kids. Hopefully, we're gonna have some colonial
re-enactors so that you'll be seeing some of the uh, colonial crafts and again, building
toward a great season. Again, hopefully everybody will be there. And that's really all I
have on for this evening. Thank you.
President Rheault—Councilor Calabrese.
•
Councilor Calabrese—I got a notice that on Friday night the Senior Center is having
their chicken BBQ, so make sure you get your tickets in advance for that. I think it's $10
a head which is a really nice deal. So everybody come on down, go to the senior center.
And also tomorrow is Boss's Day. So I want to um,wish all the people of Agawam a
• Happy Boss's Day. Of course, we all work for you so enjoy that special day and don't
forget to get out and vote!
President Rheault— Councilor Mineo.
• Councilor Mineo—I would just like to wish everybody who's running for all the offices
good luck, and uh, I guess there's some comments I could make about the sewers but I
think I'm going to hold off on that at this point. And we'll see you November 7'h. Thank
you.
President Rheault—Councilor Letellier.
Councilor Letellier—Thank you. I have a couple of items but I promise I'll be brief. I
attended the senior center groundbreaking and I was very happy to see that the weather
held out and that a lot of seniors were able to attend. I was, however, displeased to be
• told that I could not get in the picture for the senior center groundbreaking despite the
fact that there were other councilors in the picture. So I'll just leave it at that. I don't go
to events to get in the picture as you can tell because I'm hardly ever in the Advertiser.
But I do feel that if there is a group picture that all of the officials that are there should be
able to attend So I'll just leave it at that. Um, the Harvest Festival is Saturday. We
now have 28 vendors. 28 vendors! We have all sorts of crafts, Christmas crafts. There'll
photography displays, baseball card vendors. We also have a very exciting addition. The
Hallock family in town has this fair ground organ from 1905 and they're bringing that
over and donating the use of the fair ground organ and they're going to have Wurlitzer
music sheets that they're going to play. We have students from Agawam High School
that are gonna help us with the children's games. We're gonna have children's games
• from 11-2. We're gonna have face painting, balloons, ring toss, tug of war, um, so we
got a bunch a kids from Agawam High School that are volunteering. It should be a great
event so I hope everybody can join us. I'm also involved in the Democrat of the Year
brunch. That's Sunday, November the 41h. Our speaker is Tim Murray, our Lt.
Governor. I believe attendance from almost everybody on the Council which is great. I
thank you all very much. If anybody wants tickets, they contact myself, Lou Russo,
Corinne Wingard, Jill Messick, Kathy Arnold, anybody on the Democratic Town
Committee. I'd like to remind everybody to vote on November the 6"'. I would
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appreciate your vote but the most important thing is to become an educated voter. We're
! lucky we have the Agawam Advertiser. You can read what people have said. I would
ask that you verify what they're saying. But you know, all of our numbers are in the
paper. My office is in town. Don't hesitate to call people that are running for office for,
whether it's a mayor candidate, council candidate, school committee candidates. It's
important to be an educated voter. Thank you all very much. See you November 7`h
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President Rheault—Councilor Perry.
Councilor Perry—Yes, thank you, Mr. President. I'll be brief also cuz I know the Red
Sox are on. Um, first of all, I know this Council formed an Ad Hoc committee in
• conjunction with Community Preservation. I believe there's five of us on that?
President Rheault— Correct.
Councilor Perry—But we don't have a chairman.
•
President Rheault— Sure you do. Councilor Mineo.
Councilor Perry—Councilor Mineo's the chairman. Okay, good, that's who I go to,
alright, because you know, I, too, was called and actually went down and walked School
Street Park. Did everybody get the revised plans that were revised in 2007...in February,
2007 as far as the whole plan?
Councilor Letellier—I think so.
• Councilor Perry - You did? In February?
Councilor Letellier- Well, I don't know. They told—remember they took the
basketball court out and then they put it back in...
Councilor Perry - ...and the bike path is now behind Liberty Street where it originally
• wasn't on the one we voted on? And that it shows one row now instead of two rows of,
of the trees. I mean there's been a lot of changes down there that I wasn't aware of in
looking at the plans, the latest plans that I had. So I'm asking the Chairman if maybe we
can call a meeting, get together with Community Preservation, maybe Debbie, and look
at the Urban Self-Help grant plans that were sent to get the money from that and see
• exactly what's going on down there. Because there's been a lot of changes and there's a
lot upset people down in those neighborhoods. So I really feel we need to do that if we
could, Mr. Chairman. Um, that was one of the main things I had. My condolences go
out to Rosemary and her family for the loss of her son. My thoughts and prayers are with
you. And um, again, good luck to all of my colleagues and all the people running for
• public offices in the upcoming weeks. Good luck and remember to go out and vote.
Thank you.
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President Rheault—Thank you. 1, uh...yes?
Councilor Minco—Don? Excuse me. Barbara, could you set up a meeting with the
Community Preservation Act committee and Debbie Dachos so we can come and get this
straightened out at the park? Thank you. Please invite Chris Sparks to that too.
Councilor Magovern - Council President, I believe we also have a sub-committee which
is a parks committee. We have George as chair of our parks and I think that that should
probably also be in on that. And I think it's a great idea that you be in on that same
meeting because it is part of our parks. And I, I'd like to know,just bringing one other
quick aside is that when we vote on a particular issue such as the park and we approve all
this money and part of our vote is for hemlocks, why can they change it without coming
back to the council?
President Rheault--That's a uh, I also received a call regarding that situation down
there and uh, it concerns me as well that uh,plans are changed without the... We make
specific votes and I don't think that they have a right to make those changes without
• coming back to the Council for another vote. That's my opinion. But uh, hopefully the
committee will investigate that. I think setting up a committee is a ...excuse me?
Councilor Bitzas - ....
President Rheault-Barbara, if you would, I got interrupted...and I really take offense to
that Councilor...um,regarding to uh, follow up on that letter? Got a reminder down
there? Alright. And I wish every one of you the very best of luck in the election to
come. And let's go see the Red Sox. I move to adjourn. All moved by the Council,
seconded. All those in favor? Thank you and good night.
0 Adjournment.
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