CC MTG MINUTES SEPTEMBER 8 2009 REGULAR COUNCIL MEETING OF THE A GA WAM CITY CO UNCIL
September_8, 2009
President Letellier—Good evening. Welcome to the Regular City Council meeting of
Tuesday, September 8, 2009.
Item 1. Citizen's Speak Time
President Letellier—We have a full list. So just a reminder that you'll have up to five
minutes that our Administrative Assistant, Barbara, will keep the time and she will let
you know when you have one minute left. Thank you. Also, a reminder that you have to
• state your name, your address and the item which you'll be speaking on. Our first
speaker is Rick Bellico.
Rick Bellico—Thank you. Good evening. Just a few thoughts on the CPA, first, the
importance of the CPA to this town. These funds have provided open space, historic
S preservation, affordable housing and these projects would never have happened if we did
not have the CPA. Second, if we don't have the CPA, if it's repealed, we lose the state
funding and this state funding will go toward other communities, like West Springfield
who is in the process of adopting the CPA. Third, our cost, you really have to put this in
perspective—the average cost per household is $20 to $28 a year, That's a cup of coffee
a month! If you go and get a good cup of coffee, you are going to pay $2.00. That is one
cup of coffee once a month. That's what it costs every household. Finally, I'm not
against it going on the ballot, I'm against the wording of this resolution because this
resolution says "repeal the CPA", well I'm sorry that sends the wrong message that this
Town Council is not in favor of the CPA and that sends, definitely sends the wrong
message to the voters of this town. If it has to be on the ballot, then let it be on the ballot
but not through a vote of this Town Council repealing the CPA. Again, that sends the
wrong message to the voters of this town. Thank you.
President Letellier—Thank you. Our next speaker is Judy Anderson.
r Judy Anderson—Good evening. Judy Anderson, 198 Cambridge Street and I would like
to talk about the repeal of the CPA. I never wanted to the a council person and tonight
I'm glad that I'm not because regarding the way in which you have been asked to repeal
the Community Preservation Act in order to make it so it can be voted on by the public
puts you in a no win situation. With your approval to appeal this Act, no matter how well
intended you may be to give the voters the voice regarding the CPA, it sends the wrong
message—that you are not in favor of the CPA. As a member of the Historical
Association and the project manager for the Thomas Smith House which has been the
recipient of many of the CPA money grants, I know first hand that this is not the case.
However, as a voter I would be confused to think that the Council approved the CPA and
i perhaps with the Council's unanimous or majority vote that would be needed to approve
the applications that were brought to you by the CPA Committee over the last few years,
it's a contradiction of wanting to appeal it now, especially in this time of economic
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uncertainty. Where else could you get the kind of return for the voters' hard-earned
money that you would get through this program of the CPA, which, like Rick said, West
Springfield is trying to institute in their town. If the Council does not feel that they
would like to retain the CPA, or that they WOULD like to retain the CPA, I would like to
think that there would be some way other than to convey this information to the voters
enabling them to make a correct and educated decision whether they want to retain this
Act or not. As Rick said, it sends the wrong message that now you're telling them you
• don't agree with the CPA and for somebody like myself who is not a political person by
any means, it's very confusing. Thank you.
President Letellier— Thank you. Our next speaker is Marylyn Curry.
Marilyn Curry—Good evening. Marilyn Curry, 123 Beckman Drive, Agawam. I
would like to also have the CPA funds retained for this town. I think it is the one use of
your money that you actually see it working. You can go to the playscapes, you go to the
School Street Park, go to the Thomas Smith/Noble House and see your dollars actually
working for you. For a minimum cost of less, or between $20 and $30 a year. Again, if
your taxes are $2,000.00 a year and that's just a figure—one percent is $20.00 a year—
• not the big money that you people, not you people, but people in town are being told. I
would like to see that money retained and see it work for us. We're fortunate to have it,
there's no way we could have in our budget. I also am going to ask the CPA if they
would consider publishing a report once a year in the Agawam Advertiser of how the
money is spent because there is no fooling around with this money. This money can be
accounted for, they spend very, very little on administration and I for one think the
people would like it. I've had several people ask me if reports are published. They were.
We had a meeting back I think in June, CPA had a public meeting,there were about
thirty people present. I think there were three councilors, maybe four, there but about
thirty people showed up when the CPA opened it up for all discussions and the people
weren't there but I think maybe it would be worth our while, our worth the while of the
CPA to put this in the paper, in the Agawam Advertiser, for all to see. I certainly hope
we can retain the CPA, it's the best work for our money, that we have in this town.
Thank you.
. President Letellier—Thank you. Our next speaker is Rich Scortino.
Rich Scortino --Good evening. My name is Rich Scortino, I'm with the Agawam
Historical Association. I'm here to support the continuation of the CPA Act. Its funding
along with the valiant efforts of the CPA Committee have added positive incremental
improvements to the culture and quality of life in this community. We need to continue
that preservation that we started for our future generations to enjoy so I urge the Council
to vote not to put this issue to any kind of a referendum ballot and as an aside, this month
on public television you will see documentarian Rick Burns National Parks. Now I really
urge you to take a look at what he says in it, I've seen excerpts. When Teddy Roosevelt,
John Van Buren and a bunch of preservationists back in 1905 set aside those national
• parks as a preservation effort for future generations, we really do enjoy those. I'm sure
many of you have visited those parks. We really have the same opportunity here for our
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future generations to enjoy, not just ourselves. So for the amount of money and I don't
want to get into funding, but for the amount of money that this is going to cost to
perpetuate, it really means a lot to the cultural quality and texture of this community so
let's think to the future. Thank you.
President Letellier—Thank you. Our next speaker is John Sloan.
• John Sloan—My name is John Sloan and I live at 890 Barry Street in Feeding Hills. I'm
here to support the continuation of the Community Preservation Act. I think the benefits
to the town have been tremendous and the projects that have been done have been really
beneficial to a vast array of people. I don't think there's any other opportunity that
anyone could put forth to obtain the kind of free money that we get from the state and
from other sources with the few dollars that each of us put in so it would be a shame to
• drop it. It also seems a bit schizophrenic for the town that not too many years ago voted
down the large retail possibility on Tennis Road because it wanted to remain rural yet
now we have a situation where we're flipping the coin and saying we really don't want to
continue in that vein so I think the town needs to determine which way it wants to be —
either rural or not rural — and you can't have it both ways and I think we should continue
• with the Community Preservation Act. The other thing is, it's a shame that something so
basic and so beneficial has become a political football. I think that wastes a lot of
people's time for something that's just been fabulous for the town and it's a real shame
that it's been introduced in that fashion. Thanks very much.
President Letellier—Thank you. Our next speaker is Ray Moreau.
Ray Moreau—My name is Ray Moreau, 1245 North Westfield Street. I'm here to speak
on the CPA issue and I am totally shocked that you people want to repeal this
Community Preservation Act. It's what it states here but it blows my mind that this is a
• win/win situation for this town. I just don't understand where you people are coming
from when you talk about this. There's a bill in the State Senate right now, S bill-90
which if it passes the legislature is going to stabilize 75% of our funding so we won't
have to worry about losing money anymore if it passes the state legislator and I think
what we're doing in town is phenomenal. The money we've spent to help this
community and if this thing gets repealed and voted out, it's gonna be a sorry day in
Agawam because the money that we're gonna lose that we're just getting from the state,
it's amazing. So I hope that you will either re-write this resolution or do something with
this, but this sends a terrible message, especially when it sounds like you people want to
repeal it and also I just want to back up what Rick Bellico said earlier about how much it
costs, well I broke it down to a quarter cuz our tax bills are for quarter. On an average it
costs about $7 or $8 a quarter out of your taxes for this so that's all I have to say. Good
luck and I hope you people either change this resolution or vote it down. Thank you.
President Letellier—Thank you. Our next speaker is Henry Kozloski.
• Henry Kozloski — Henry Kozloski, 102 Meadow Street, I am also a chair of the CPA
Committee. You have the papers in front of you that are all here. Look at the projects
we've done. . Name one that would have been done without CPA! The first one, the
George Washington plaque who honors our first president, the general who won the
Revolutionary War, it was missing for over forty years! Nobody ever funded it. School
Street Park would still be an open dump site. The Phelps playscape, they would have
replaced with $40,000.00, that's all they would have had. It wouldn't be fully
handicapped accessible. We've preserved historical records of Agawam to where people
can see them in the offices, it's up to date and you can get the records very quickly now.
• They're all here. People talk about the money. Our surcharge is $2,350,000.00 — state
matching funds $1,950,000.00 that's 1.9 million plus the $117,000.00 because it
decreased — that still gives us $2 million dollars and that check will arrive October 156,
Even in bad times! Last year on October 15'h when this country was in a fiscal mess, $54
million dollars was sent out by CPA on October I 5`n and Agawam was one of the town's
receiving it. We've earned $362,000,00 + in interest. We've generated $500,000.00 in a
• self-help grant from the state for School Street Park. We got two donations of
$10,000.00 from two families in their moment of sorrow, they thought of the town to
honor their child by donating a Playscape to Agawam. We had four families donate the
benches at McGrath Park so we've generated with all of that money over $2.9million
compared to our donation of$2.3million —this is fiscally irresponsibility if the town tries
• to get rid of this. We replaced the ninety foot diamond at School Street Park. We didn't
gain a diamond, we just maintain one because the other one at the high school was
removed by the School Board so they could have girls lacrosse. Look at the figures. We
still have $2.1 million in the account. I've been, people have said yes times are tough,
we've got kids fighting in Iraq and Afganistan and all we can complain about is a $28 tax
bill? What are we doing to support those kids fighting in these countries, who are there
for us, to protect our freedoms? We haven't done anything. We don't want to pay taxes,
That's wrong. The legislators tried changes to make CPA more useful to the
communities, yes it would guarantee 75% so we could do other fields, that we have to
take out of our budget now. This would be irresponsibility. Think of what Agawam
would be be if we didn't have these projects done.
Clerk—One minutes Henry.
Henry Kozloski — It is the best thing that's happened. I've been accused; the CPA
Committee has been accused in the paper of being a "special interest". Well if doing
things for the seniors, I can remember Dottie Drenowski who worked five years to get the
$248,000,00 for the Housing Authority and when they passed it, she sat right here and
cried because for once they would have doors and windows that all worked better and
that also produced $800,000.00 from the state to help upgrade our housing. Think of
what, I mean that's irresponsible! When you think of everything else but you don't think
of the Town of Agawam first. That is your job. Agawam comes first. That in my eyes is
the greatest thing we can do so the future of Agawam is gonna be better than it has been.
Thank you.
President Letellier—Thank you. Helen Chester?
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Helen Chester —Helen Chester, 320 Barry Street. I would like to speak about the CPA.
To begin I would like to say that I have supported the concept of the CPA. I believe it
has enabled the town to do some wonderful projects like our community park and others
which have been featured regularly in the media. But the CPA is about more than
historic preservation and I would like to present a different perspective. Unfortunately
when someone presents a view point other than the desired one, they are demonized as
was Councilor Calabrese was at the last meeting. With that being said, we have to look
beyond the one percent surcharge at the whole picture. Taxpayers are contributing over
$300,000.00 a year to the CPA. The CPA does not provide for maintenance. More and
more has been thrown to the budgets of the Park & Rec and the DPW which results in
more hires and more contracted work and we are likely to be the first to have the budgets
cut which results in decrease in services. These are hidden costs to the other side of our
. tax factor. We all know next year's budget will be a most difficult one and this year's tax
rate has yet to be set. While some boast about our low tax rate, they do not mention that
percents shifted to our businesses. We cannot continue to place more tax burden on our
businesses who are already paying a higher tax base with the tax split, lest we lose them.
I am certain that the 1% tax reflects more than $28.00 on their tax bill especially those in
the industrial park. Much has changes since its inception eight years ago and revisions
• are made on a continual basis. Legislation currently filed would allow the rehabilitation
of existing buildings and revive two more parks which have fallen into vandalism and
disrepair. Unfortunately we can't support a park in every neighborhood. There's only so
much to bite off and chew adequately without sacrificing something else. The state has
reduced its matching funds to a point that it may soon be all taxpayers' money and the
• CPA is limited to how the money may be spent. Like the Quinn Bill and other state
programs, the cost could fall entirely on the taxpayers. In reviewing the report of the
Annual CPA Public Hearing, I find a couple of things of great concern under potential
uses in the Community Housing section which reportedly has nearly $195,000.00 of
available funds at that time. The first was grant allowing funds for the creation of
• community housing to non-profit or for profit parties....to assist residents to meet home
ownership costs and ...grants or ...to reduce mortgage interest rates, to allow..., assist
with closing costs, security deposits, utility assistance, and to subsidize interest rates. I
have a lot...of this nature stirred from the original intent of the CPA. Taxpayers and
businesses are always struggling to pay utilities, taxes, mortgage and ...but I don't think
our tax dollars should be considered to finance ...or develop for profit housing. It has
been..but at some point the tide has to come ashore. Councilor Calabrese was presenting
an opportunity to have a fresh look at the CPA and was hoping you will seize the
opportunity and allow voters to do the same. Thank you.
President Letellier—Thank you. Next is Billy Chester.
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Billy Chester— Good evening, Billy Chester, 320 Barry Street in Feeding Hills. I would
like to thank Councilor Calabrese for putting this CPA Resolution on the Agenda to be
voted on by this Council. I would also like very much to thank those voters in favor of
the CPA for signing the circulated petition. These individuals felt the question should be
• put on the ballot and voted on by the citizens of Agawam. Before I go any further, I
would like to, they say, to get the message here that you people by approving this
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resolution, you are not voting to, you're voting to put the question on the ballot, you're
not voting to do away with the CPA funds. I think that should be very clear as some
people say well you vote this, you're gonna do away, I mean by voting on it yes, then
you're saying you don't want the CPA to have anymore money, well that is absolutely
wrong. No one including this Council has a right to deny the voters of Agawam from
voting on this question. The Act itself gives the voters the right to revisit and decide
whether they want to continue supporting the CPA. This Council does not speak for the
18,294 registered voters of Agawam especially on this issue. You are only eleven people
and you have the same right to vote on the question, the ballot, like everyone else. The
voters want this question on the ballot and this Council has a duty and responsibility to do
so. If you vote this resolution down, then this Council has denied the voters of Agawam
their democratic rights. Thank you.
i President Letellier — Thank you. I believe our next speaker is Peter Boadry, did you
sign up? It's hard to read your writing. Oh, I'm sorry, the next speaker I believe it says
Peter Boadry? Line Street? Okay, thank you.
Peter Boadry —Peter Boadry, 188 Line Street and I'm gonna back up what Mr. Chester
• said. If he went around and got all these signatures to put it on the ballot, then it should
be put on the ballot and not be smoke screens and mirrors or whatever you want to call it.
And give the voters a shot to either vote for it or not vote for it because I'm like the
people's voice and some things aren't being fixed in Agawam. You've got bad sewer
systems in some places cuz people have told me what's wrong with Agawam. Sidewalks
i need fixing, there's a lot of things that need fixing in this town and it's not being done by
any mayor. I'm not speaking as a mayor choice but I'm just speaking as a regular citizen
tonight but things need to be faxed in this town and it's not being done. If you can keep
track of all the money, then it's okay but some people are just stealing money and it's
happening in every department and you need to clamp down on that and I have a banker
to lock down those accounts if necessary and that's what I'm about, okay? Thank you.
President Letellier—Thank you. Our next speaker is Alan Griffin.
Alan Griffin --- Oh, how you doing guys? Okay, my name is Alan Griffin. I'm at 104
North Street in Agawam. I'm the guy with the goats in Agawam and so those goats
aren't hurting nobody and bothering nobody and so forth. They do not smell. They do
not stink or anything like that but like I said hey I don't know what the big deal is with
the goats, having goats, you know, they're not like a dog going urinating on somebody's
bushes or biting some little kid or getting into problems and so on. The goats are very
good, they're very quiet. They're not noisy. I mean this is absolutely ridiculous what the
i town is doing to my wife. My wife is a handicap. She falls under the MCAD law and
every one of the laws for handicap rights have been broken. I just feel it's not right at all
what you people are doing to me, my wife,and my family. So you think about what
you're doing. This oughta be corrected, you gotta change things around, let her keep her
goats. She's not hurting nobody, she's not you know injuring nobody. The goats aren't
i stinking, they ain't smelling and everything cuz I got one of the guards that works for
Agawam Housing Authority lives next me and he knows certain councilmens which goes
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over to their house and all something. They're all saying different things and so forth,
I'm not gonna mention any names but I'm looking at one right now, you know? So, I just
feel, there is a lot, what is it? .....going around here and this has gotta be straightened up.
Okay, that's all I got to say. Thank you.
President Letellier—Thank you. Our next speaker is Karl Stieg.
• Karl Stieg— Good evening ladies and gentlemen of the Council. My name is Karl Stieg.
I live at 24 Edgewood Lane. This evening I'm here to address my remarks to the
resolution sponsored by Councilor Calabrese revoking the Community Preservation Act.
My purpose this evening is to support this resolution. I would like to state at this time
that I'm not associated with any group or any person running for any elected office in
Agawam. My sole purpose is to support the right to give the citizens the opportunity to
vote on the Community Preservation Act to retain it or to revoke it. I am neither for or
against the Act and will not speak to the results of the Act. The background on the
Community Preservation Act is it is a discretionary selective surcharge tax combined
with preservation and housing for the elderly and preservation. Enacted into law on
September 20, 2000, this Act was placed on the November 2001 ballot by this body
• without a descending vote. The Act was approved by the citizens in the form of a ballot
question and in the Community Preservation Act which allows it to be looked at, Section
16 Paragraph B which states and I'll read from the Act-- "at any time after the expiration
of five years after the date on this Section 3 and 5 inclusive, have been accepted in the
city or town, said sections MAY be revoked in the same manner as they were accepted by
such city or town. But the surcharge imposed under Section 3 shall remain in effect in
any such city or town with respect to unpaid taxes on past transactions and would respect
the taxes due on further transactions until all contractual obligations incurred by the city
or town prior to such termination shall have been fully discharged." Presently out of the
291 cities in the Commonwealth, 139 have enacted the CPA Act which is 48% of the
communities in the state. 78 cities and towns have rejected the Act which is 27% of the
towns and 74 towns and cities have not voted on the Act itself which is another 25%. A
total of 52% of the towns and cities do not have the Act in place. Just to tell you some of
the people who don't or some of the cities and towns which do not have the CPA Act are
as follows — Amherst, Belchertown, Boston, Brimfield, Framingham, Great Barrington,
Ludlow, Palmer, Pittsfield, South Hadley and Wilbraham to name a few. As I look at
you councilors, I see many familiar faces who with myself and others partitioned the City
Council to place the Berkshire Power question on the ballot so that the citizens could
have a voice through their votes either for or against the power plant. I hope that the
principles remain with you councilors this evening to not deny the right to vote on the
ballot question. I believe it would be wrong if you elected officials deny us that right. I
remind you, regardless of your personal bias or preferences, your obligation is to the
citizens of Agawam first and foremost and to let their voice be heard and not denied. In
conclusion, in the Sunday Republican dated April 29, 2001, subject "Agawam considers
Preservation Funding" quote - "Whether I am for it or against it, I think the people should
have the right to choose" — Councilor George Bitzas said — "I can't really say how I feel
because I have to weigh both sides but I think it should be left up to the voters."
Precisely, I hope you will let the question go on the ballot. Let the people decide. I think
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the question or the Act itself will stand on itself and will probably be retained but once
again, I believe in the due process of letting people have a vote. Thank you.
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President Letellier—Thank you. Our next speaker is Cheryl Becker.
Cheryl Becker — Hi. Cheryl Becker, 101 Regency Park Drive. I'm here to speak
regarding the CPA. I've served on the Conservation Commission for about eight years
now and I am seriously concerned about what has been happening to the land in this
town. It seems like we, I just have seen so much happening to the land that is really
disturbing and I don't know how on earth we're going to preserve any more land, open
space, without the CPA. Somebody was saying, a speaker tonight was saying how
there's no money in the CPA for maintenance and repair, well that's not true. The CPA
is for open space and recreation land that can be acquired, protected or improved. Where
• are we going to get money for recreation for parks? What about our kids? Where are
they gonna, I mean, is repealing the CPA going to solve the problem? I don't think so.
It's just going to create more problems for our elderly, for the kids and for the habitats
and for people, where are people gonna go to enjoy the outdoors and enjoy the land in
this town? I don't want to have to go all the way to another town up in Northampton or
• some place or to Robinson to just Enjoy the outdoors. I mean we're lucky to have
Robinson but what about town-owned land? So, the wetlands are especially a main
concern of mine so that's about it.
President Letellier— Thank you. Our next speaker is Magda Galiatsos.
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Magda Galiatsos —My name is Magda Galiatsos and I live at 21 Maple Meadows Lane
and I'm here to support the CPA and to ask the Council not to put it on the ballot and the
reason that I'm asking it not to be put on the ballot is because I think there's been some
incorrect information circulating on the issues when the petition was being drafted. I
think that some of the people that signed the petition really did not understand what they
were signing. I don't think this is a time to revisit. I think, I am well aware there are a
lot of people that are struggling in this economy but there is provisions for people who
cannot afford the additional amount to request a waiver. The other question, the other
issue that I want to address is the fact that there was statements said that new people
coming into town in the last five years should be allowed to vote on the issue. Well, I'm
one of those new people and I basically feel that we moved to Agawam because Agawam
has a lot to offer and I think a lot of people that move to Agawam have done for the same
reason —Agawam has a lot to offer at a very reasonable tax base. Regarding businesses,
again I understand that businesses have to probably pay more than homeowners but also,
a lot of the businesses in the industrial park are not local, they're not local residents that
• live here and I'm sure that a lot of this cost is passed on as a business expense. So I
really urge this Council not to put this issue on the ballot. Thank you.
President Letellier—Thank you. Our next speaker is Louis Russo.
• Louis Russo —Louis Russo, Highland Street, Feeding Hills, and I'm here to speak on the
CPA as Vice-Chair of the CPA. I'm not here necessarily to urge you to vote or not vote,
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just to vote your conscience. I'm here to mainly give you some additional information
that may help you make a decision. Incidentally, Amherst and Belchertown DO have the
CPA. Anyhow, most who know me are aware that I'm a strong supporter of the right to
petition. I petitioned the City Council to hold public hearings on several issues including
those resulting in the positive action for the tax payers. However, I also believe that
those being petitioned should be given the real facts as to why they should sign. That
wasn't necessarily done in this case. Having spoke with many who signed the repeal
petition I found to their surprise, but not mine, that they were not given the proper
information to make an informed decision. One of the signers was my mother-in-law.
She was aware that I'm Vice-Chair of the CPA and knows that value of the CPA and that
I only involved myself with issues beneficial to the residents of our town. Needless to
say she was furious and told me that she would never have signed if given the real facts.
Additionally many of those I spoke with who signed the petition would not have signed if
• given full knowledge of what they were being asked to sign. The same goes for recent
news articles in the Republican. Two articles about the CPA's repeal included interviews
only with those who are behind the repeal. Those who fully know what the CPA is and
how it works namely as members were not interviewed. Because of that only those with
limited knowledge and lack of factual information were interviewed thereby giving
improper information to the reading public. If a CPA member had been questioned or
asked to verify the information given, the public especially tax payers would have been
properly informed and given a completely different and more honest perspective about
the CPA. Regarding the receipts and expenditures of CPA funds, the facts and figures to
date prove that the CPA fund is one of the best examples of return on investment and the
responsible protection of public funds. Because of the one percent federally deductible
tax surcharge which amounts to 71/2 cents per day per tax payer, the people of Agawam
have received approximately $2.3million in CPA revenue. The people of Agawam have
also received approximately $2.3million in state matching funds and accrued interest. In
short, for a few federally deductible cents a day, the CPA has doubled the taxpayers'
money. You can't get that kind of return on investment any where else unless you get
away with stealing it. What's even better, of the $4.7million of surcharge and matching
funds received, we have authorized and spent $2.5million leaving a balance of
approximately $2.2million. This figure is very significant because of the millions spent
to date on all projects approved by the CPA only $300,000.00 came from Agawam's
taxpayers. As a result, the remaining revenues remain in the bank accruing even more
interest.
Clerk—One minute, Mr. Russo.
Louis Russo -- Also, bear in mind that as the housing industry improves, which it is, we
• will receive a higher amount in state matching funds. The School Street Park, the
removing of the eyesore to create the McGrath Park, make our senior center housing safe
and more energy efficient, building and improving and making handicap accessible
playscapes for our kids, helping preserve the oldest house in Agawam and preserving
open space abutting the high school for the benefit of our students as well as a few
smaller expenditures has cots only $300,000.00. There's no other committee,
commission or elected body past or present in Agawam that can make that claim — only
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the CPA. No other municipal building projects in the past several years be it new
construction or innovation can claim such a record of efficiency, cost effectiveness and
protection of public funds as the CPA can. In addition, because of Agawam's CPA,
we've been able to extract additional state funds and private donations, not related to the
tax surcharge and matching funds. for example, because of $248,000.00 expended for
senior housing, the state contributed an additional $800,000.00+
Clerk—That's time,
Louis Russo - Thirty more seconds?
President Letellier—Make it quick.
Louis Russo -- Okay, because of our decision with regard to School Street Park, we
received an additional half million in grant money with more to come as we complete the
park provided the CPA is not repealed. Neither would have been possible without the
CPA. None of the projects paid for and completed because of the CPA would have been
possible. Just think of how much more we can do to continue making Agawam a better
place to live because of the CPA. Thank you.
President Letellier —Thank you and thank you for not abusing your extra time. Next we
have Jennifer Bonfiglio.
Jennifer Bonfiglio—Jennifer Bonfiglio on 143 Country Road. I'm here to talk about
CPA also. I am here asking for your support tonight and asking the Council and the
residents to vote not to repeal CPA. While it is disappointing news that the state's CPA
trust fund is declining due to the increased popularity of the CPA and a sluggish housing
market, the CPA continues to be one of the best investments a town can make in its
future. Where else can a town get a 50 percent return on its money? No bank would offer
such favorable rates or allow such flexibility in how the money is spent. What's more, if
the proposed senate bill is passed, all communities will be guaranteed a 75 percent match
in funds each year, even if the trust fund is declining. Considering that, if CPA is
repealed, Agawam is in jeopardy of losing over $1.4 million dollars in state matching
funds in just over the next five years. Another point to remember is that CPA funds are
guaranteed and they are outside of the state budget process. They cannot be cut by the
Governor or the state legislature. As other local aid is cut, CPA dollars will increasingly
be some of the only funds around that communities can count on. I would also like to
remind those in attendance and watching on TV that CPA is a valuable, dedicated source
of funds for important community projects that have trouble finding funding elsewhere,
0 and it has accomplished impressive results in our community. We should not forget that
issues like our decaying historic buildings, lack of affordable housing, and shrinking
farms and forests have been with us for a long time. Regardless of temporary changes in
the economy, they still need our attention if we want them to have a place in our future.
They deserve the support of our community. All of the projects that the CPA enables
• benefit communities both now, and in the long-term, and require a long-term perspective
to fund. The housing market will eventually rebound and the match from the state's CPA
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trust fund will increase once again. The communities that adopt the CPA know that it is a
local investment in their land, heritage, housing and future, and the state match is just the
icing on the cake. I'd also like to make a note too that if CPA is repealed the money that
is currently in the funds cannot be used for any other purpose. It will remain in the CPA
account for CPA purposes only, Thank you.
President Letellier—Thank you. Next we have Richard Cohen.
Richard Cohen—My name is Richard Cohen and I live at 37 Alexander Drive. I'm here
this evening to urge the Council to vote to put the CPA on the ballot so that all the
citizens of Agawam can have their say. I am not here to advocate for or am I here to
advocate against the CPA but I am here in an effort to see that democracy is afforded all
+ of the residents through the voting process which is stipulated in the CPA Mass General
Law. While going door to door in neighborhoods, I have heard residents in favor of the
CPA and I've heard residents opposed to the CPA. The CPA has done some great,
wonderful projects for this community but I'm also aware of the burden on tax payers
during these difficult economic times. Therefore on behalf of all the citizens of Agawam,
those for or those against, I ask the Council to place the CPA on the ballot and allow the
citizens their say through the voting process. That is democracy.
President Letellier—Thank you and that's our final speaker.
Item 2. Roll Call
0
President Letellier—Barbara, could you please call the roll?
ROLL CALL— LI PRESENT
0 President Letellier—With eleven present, we have full attendance.
Item 3. Moment of Silence and the Pledge of Alle iance
President Letellier--Could you please rise for a moment of silence and the Pledge of
Allegiance?
Item 4. Minutes
(a) Regular Council Meeting—August 17,2009
President Letellier—Moved by Councilor Simpson, seconded by Councilor Perry. Any
discussion or corrections? No? Barbara, could you please call the roll?
ROLL CALL— 11 YES, O NO
Councilor Mineo— I'm sorry, I have to abstain.
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l�
President Letellier—I was going to say, we had some absences, people.
Councilor Mineo —Yes, I am abstaining.
President Letellier—Okay?
Councilor Bitzas—I read it.
® President Letellier—Okay, I guess if you read it, okay, that's fine. So we have ten yes,
one abstention. Thank you.
Item 5. Declaration Lrom Council President
None
Item 6. Presentation of Petitions Memorials & Remonstrances
1. TR-2009-36 -A Resolution Repealing the Community Preservation Fund
under Massachusetts General Laws Chapter 44B, Sections 3-7 (Councilor
Calabrese) (Majority of those present and voting)
President Letellier—Do we have a motion? Moved by Councilor Simpson, seconded by
Councilor Calabrese. Councilor Calabrese, do you wish to speak?
r Councilor Calabrese --Yes, thank you. J had every confidence that the people on this
Council are gonna vote their conscience one way or the other. What prompted me to put
this item on the ballot was just as Mr. Cohen, going door to door over these last several
months and I had asked the people what are the issues that are near and dear to the hearts
and almost without exception it came down to financial stability of our community.
Unemployment nationwide is reaching double digits and our seniors are on fixed
incomes, most recently I know you've all seen the news that Social Security is not going
up this year. That means that there are people living on as little as $1,000.00 a month and
while I know to some people the amount of the CPA amounts to a cup of coffee a day,
many of these people can't afford that cup of coffee a day and so while it may only be
$20 or$28 a year, when you're living on $12,000.00 a year and that's it, that's a
significant portion of your budget. I have always felt from the beginning once I brought
this resolution forward that I thought that our CPA is admirably run, most of the projects
that are on here, I supported the spending for but I do think it's time to let the people have
their say. I don't look at this as being engaging in election year extortion as I have been
accused of, not by the people on this panel. These people are professionals. I believe
every single one of them, every vote that they've taken has been for the good of Agawam
as they see it. I have not lobbied any of them with regard to a vote on this item because
it's too personal and hits too close to home. With regard to the wording of resolution,
I had to be directed by the provisions of the Massachusetts General Laws. I worked with
the City Solicitor to come up with other possible ways of wording. There is no legal way
of wording this resolution in order to get it to the citizens for a vote. That's all I have to
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say. I do hope that the citizens are given an opportunity to vote on this issue and I'll
leave it in the hands of my fellow councilors. Thank you.
• President Letellier—Thank you. Councilor Bitzas?
Councilor Bitzas —Thank you Madam President. I agree with all the CPA members and
the others that support it, the say about the CPA. All these projects with the CPA money,
they came through us. We all vote in favor of it. Most of them unanimously so this is
also the buck stops here. This is our accolades also. We appoint the CPA Committee.
They report to us and we choose to vote yes or no. It's excellent. In the beginning we
got 100%vested. One dollar we take a dollar from the state. Unfortunately now it's only
30 cents we get from the state. That's what people they tell me out there. People, my
friends, are for and some of the friends are against it. I am in favor. I am a member of
the CPA Council Committee. I ask, I was the first councilor to have a resolution to
expend the CPA for the maintenance and other like some of the speakers that spoke
already. This Council majority voted in favor of my resolution. We already approved
the money for the seniors far the senior center I mean the housing;authority. We're doing
a very good job but let's make it clear. We don't vote tonight to repeal CPA. We vote
tonight to allow the voices of the people to speak by their votes. If we can have our
choice, I would like to have a resolution that says well this Council supports the CPA and
we allow the people to put the question on the ballot. That would be fine but we cannot
do that because the law as we said as written by the Solicitor said we must be the same
way as we did before to allow those 1200 people with this that signed the petition to be
heard. As my friend Mr. Stieg said, good memory Karl, it said 2001, I did say that let the
people speak no matter how I stand. They have to tell us, we're elected. We the people,
not I the person or I the councilor so I am going to stand, in 2001 as I supported them the
people Berkshire Power and we supported a referendum for retail coming to our town.
So this is a plain democracy. We're not voting against the CPA. As Councilor Russo
said you're not gonna us how to vote, he respects our opinion and he's right. We had to
allow the people to speak. How can you shut them off? This is what the people, I have
all these people that spoke are my friends, I hope and a few members I called them
personally and I make it urgent to come and became members of the CPA Committee
because I value their intelligence and good work and they're doing a great job. I wish I
have a different resolution but we cannot do it so I know it's a political came in front of
us, we have no choice this way to honor the wishes of the people. You can vote your
own way but I would make it clear—my vote tonight is to put on the ballot NOT to be
against CPA. Thank you.
President Letellier—Thank you. Councilor Cavallo?
lr
Councilor Cavallo—Yes, I have a few remarks to make. First of all, it's quite
interesting to note that in 2001 this was approved by this Council and yet it's taken eight
years for us to determine that it should be looked at again or it should be repealed and
taken to the voters for a vote. Why wasn't it taken up five years ago? Six years ago? All
of a sudden now it's a problem. Also, this is not the first year we've faced economic
problems with the terms of the government, the financial situation of our country, this
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recession has been going on for a couple of years. So to say that it's a problem, it's a
financial hardship or a problem,that's not the case because if it was so,then it was a
financial problem a year ago. Also, I attended that meeting in June where the public was
allowed to give input to the CPA regarding various projects that they might have been
interested in and seeing the CPA pursue. There were about 40 or 50 people there.
Councilor Messick and I and Councilor Rossi were the councilors that were present that I
believe it was alluded to by one of the speakers and I found it very interesting and it was
• a wonderful time for people to come and provide input if in fact, at that time in.Tune, this
was such a crucial issue where people were adamantly against the CPA. There was not
one person in the audience who was there who was talking against the CPA. They were
all positive about it and of course lauded the great accomplishments of the CPA which
I'm not gonnna go into. We've provided the information tonight and we've been given
all the facts and the figures. So I have some issues with this okay? I believe that it is a
good thing. I've knocked on 1100 doors since I've been campaigning and I have had no
one, no one, talk to me about the CPA and the burden that this tax puts on the taxpayer. I
live in a condominium development that the town reaps about$750,000.00 in tax
revenue. I have not yet heard and I've asked people there, is there a problem with the
CPA and the one percent that you pay in your tax, again, nothing. So I think we really
have to look at this objectively and really consider the hard work that these people put in
to this and I am concerned that and I'm not against the person's right to vote but why is it
now? Why couldn't it have been done before? And why frankly why aren't there more
people here tonight who are aversed to the CPA or want it repealed? We've had other
issues in the town, very pressing issues like the sewer problem back two years ago when I
came on the Council and this auditorium was filled with four hundred people. Two
weeks later it continued. It was filled with four hundred people again and this Council
took it under advisement and fortunately over a period of time, we got a temporary
resolution to the problem for these people which we hope will satisfy them. I'm
concerned with taxes. I'm concerned with benefits. But when I look at rewards that I
think grandfathers that can take their grandchildren down to the School Street Park and
have an afternoon with their grandchildren—I'm a grandfather, my grandchildren don't
like here—but it's a wonderful thing to do and when I think of what the Liquori family
did when they paid for that Playscape at Phelps School, when I think of the people in the
Agawam Housing Authority, the dwellings that they live in, where money came out of
• the CPA to take care of those doors and windows because it wasn't warm enough during
the winter because they're old doors. These are good things folks and if you're looking
the best bang for your buck, you can't beat what it does and I actually plead out to the
people in the audience that I'm not against again voting but why should we vote on
something that's not broken? Why do we have to fix it, if it's not broken? So again my
stand is that I am against repealing this. Thank you.
•
President Letellier—Thank you. Anyone else wishing to speak? Councilor Rossi? I'm
sorry,I saw Councilor Rossi's light first, Councilor Mineo is next.
Councilor Rossi—Thank you. Quite frankly I just don't know exactly how we got
where we are right now. In the beginning when we voted back in 2001 or 2000 to put
this on the ballot, I had my questions and my concerns like a lot of other people about the
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CPA. I think primarily not too many people knew about it. I felt as though we might be
buying a pig in a poke here, But over the years as the CPA has developed and blossomed
into the commission that they are today, I have seen that the things that they have done
for this community that would not ever have gotten done without their presence here.
The benefits have been endless. The opportunities are boundless. We need open space
recreation. We need cultural. We need historical significant buildings restored, we need
the housing, public housing fixed, all of those things are being accomplished by this
. CPA. I'll be perfectly honest with you. I have not heard anyone ever come to me with
the concern about the one percent surcharge that they are paying. I looked at this CPA
and I tried to stand back and look through the window at this thing and I have not ever
seen in my limited career here one committee, one Act that is totally without
disadvantage. I find no disadvantage to this Act, only advantages. If there is a
disadvantage of this Act it's a small nominal fee for software that it would take the
accountant's office to get this thing running. We have complete control over the money
that's come here. The money that comes to this community stays in this community.
The money that's used from the CPA funding are programs that are often neglected in
our budget process —that's open space and recreation, affordable housing, historical
preservation--those things are budgetary items that are most often overlooked,most
i costly in a budget. The CPA handles those things. It allows us to apply for bonds and
borrowing in anticipated CPA fundings. There's just so many things, so many
advantages of having a program like this, not only for the present but for the future. I
know that there are so many things that needed to be done here. I've spoken to members
of the committee. I've listened to them talk. I listened to one person on the committee, I
was at a meeting, him talk and I could see in his face, in the tone of his voice of how
proud he was when he and his grandchild were done at the School Street Park and as he
looked around and said "my goodness, my share of this Park was $36.00" What a
wonderful thing! So I have to ask myself how did we get here? How did we make this a
right to vote issue when everyone is in favor of this, even the people who have sponsored
this bill have talked about how wonderful a program it is and all of a sudden we're
talking about a person's right to vote. Are we here to talk about issues of a person's right
to vote? Are we talking about issues of a program that has failed this community? It is a
burden to this community. I see no such burden here. I see no such failures in this and
I'll be quite honest I can't in all good conscience vote to repeal this and I won't lend the
assumption to anyone out there within the sound of my voice to let them believe that I in
some way am opposed to this program. I'm not and I can't do that. When I took over
this City Council's office I made a promise to the people of this community. I would do
the best based on my own inflect to make judgments that I consider to be the best in this
community. I think this program is one of most worthwhile programs that I've ever
seen--at least come across this desk. I can't in all good conscience talk about repealing
• it---not because it's gonna deny someone the right to vote and I'm certainly not opposed
of denying anyone their right to vote —but I think the greater harm is in repealing and I
honestly and truly believe that and I have to vote that way. But if the citizens of this
town want to come forward with some kind of a petition. Now there's a petition now and
they can come forward if they've got five percent of the voters, they can come back to us
and if they want to come back to us with five percent of the voters to say we want this
things back on the ballot, you've got my vote. I don't see five percent of the people
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telling me they want this thing repealed and in all good conscience can't repeal and I
won't vote to repeal it regardless of whether you say it has to be written this way or not.
I don't think it does but I won't vote to repeal it and I won't be under the assumption that
I believe it to be repealed.
President Letellier—Thank you. Councilor Mineo had his light on next?
Councilor Mineo —I just want to say I'm going to vote against repealing this. I don't
think there's any reason. I believe in democracy. We gave the people an opportunity to
vote back in 2001. They voted in favor of it. Why is something coming back to us
again? Why do we have to fix something that's not broken? I don't understand and I
know everybody up here that was here back in 2001, we voted in favor of putting it on
the ballot but the benefits that we've got--that School Street Park is probably, I am so
proud, proud that we have School Street Park. I grew up in the Forest Park section of
Springfield and I remember every day as a kid going over to Forest Park, Forest Park,
you know something and I go over to School Street Park and I can honestly say we've
got a great park. We've really, we've got a jewel here, and that's a great park and there's
just no way in good conscience that I can support anything like this for the amount of
• money that the taxpayer pays, I can honestly say in nine years that we voted, the people
voted in favor of this back in 2001, it took effect in 2002, I haven't received one phone
call, one phone call, against this. I've heard more people have called me, a few people
called me that are in favor of it,that they want to keep the CPA cuz they've done a lot of
good work. It would be a shame. I just think why are we going backwards? I mean this
i is, we already put this on the ballot. It's been a ballot question. The people passed it and
here we are, we're taking a step backwards.
President Letellier—Councilor Messick?
Councilor Messick — I'm going to agree with my fellow councilors. What I have here in
front of me is a resolution revoking acceptance of the Community Preservation Fund. I
am a huge supporter of the Community Preservation Fund and I am so pleased that I pay
$31.00 and I purchased S2.5 million worth of benefit for this town. If we did not have
the CPA fund, we would not have funding for those finer things in life in our town,as Ms.
Galiotsos said, things that draw people to want to be here. Some of the things that are
concerning me about this whole situation is Iike my fellow councilors, I've never heard
any complaints about the CPA and while I am also concerned about people on fixed
incomes, people with low income, right here it says that this will be a surcharge on real
property, except real property owned and occupied as a domicile by a person who would
qualify for low income housing or low and moderate senior housing and so people who
really can't afford this just go to the Tax Assessor's office, say I really can't afford this
and they'll be exempted from the CPA surcharge. The other thing is that there seems to
be some idea out there among the populus that by repealing the CPA, these funds will
become available for something else. As Jennifer Bonfiglio said and she should know
because she works with this every single day, these funds will be maintained in the
r account until they are spent for the purposed of the CPA. The fact that we're no longer
collecting that surcharge which is not a tax would have absolutely no affect on our tax
16
base or our tax rate. This is strictly a surcharge and so yes, that $31.00 would not be on
your tax bill but it would not reduce your taxes as taxes go. It wouldn't reduce the tax
rate in any way and the money would not be able to be used to reduce the tax rate. And
so in voting my conscience I have to say I can't vote to revoke the CPA because I see, I
see no problem with being able to leverage the funds that we can leverage with this
comparatively small surcharge from the state and also strictly, I don't think anybody
addressed the amount of interest that this money earns, we've done projects strictly using
interest that was earned in the last six months —entire projects can be done without even
touching the capital. So, again, I've never had any complaints. I see nothing but
benefits. I'm actually looking forward to some future projects using it and I'll be voting
against revoking it. Thank you.
President Letellier—Thank you. Anyone else for the first time? Councilor Rheault?
•
Councilor Rheault---Yes, during the day today I was sitting down and giving this a lot
of serious thought. In my long tenure up here, it's been probably one of the toughest
things because if you think of the way the language is worded, you're saying yes to one
thing and no to another and I think what you really have to look at here is we are up here
to represent the people of Agawam. In 2001, the public had an opportunity to vote this
up or down and they voted it up. So it's been nothing but a very strong beneficial factor
to the Town of Agawam. The good, I don't need to reiterate, it would be redundant to
elaborate on all the good things that CPA has done but for the one percent whether you're
paying $100,000.00 a year or whether you're paying $500,000.00 but if you look at the
r language which I did just before I came to the meeting, it doesn't say you shall put this
on the ballot every five years, it says you may. So if in fact it's so good for the town,
why would we want to stop something that is so good? And I have been up here for
many years, probably too many to mention, and I have not had one single person
approach me anywhere and I'm very visible and people do talk to me, believe me, about
the problems in town, but I have not had one single person that argued or even discussed
the CPA to me. So, whoever is knocking on doors, they're knocking on doors of people I
don't know or who don't speak to me, one or the other, I'm not sure which, but 1, and it's
interesting to see someone come up and say it should be on the ballot but not take a
position on whether they are for or against it as well. I think that if you're really
. concerned about Agawam you'll stand up and say yes and I, at first honestly I was gonna
vote to let it go on the ballot and then I said, that's not really the issue, the issue because
the state law says it may. It doesn't say you shall, if it said you shall then I would
obviously support the right to the people's,but I don't think in good conscience I could
vote other than against the petition. Thank you.
President Letellier-Thank you. Anyone else for the first time? I wish to speak. Do
we want to do the physical switch? No? Okay, you're in charge.
Vice President Calabrese— Go ahead.
President Letellier—I know that it's rare for the President to speak but I wanted to
speak because I think there's one point that has not been made. Let me first say that
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when this CPA first came up being a good Democrat I was very skeptical because it was
put out by a Republican's administration but nonetheless, I did my homework and I
realized that this was a really good thing for the town and one thing that no one's
mentioned is if we repeal this, guess what? Our taxpayers are still gonna have surcharges
taken out on all their Registry of Deeds transactions so Agawam taxpayers are going to
be paying into the fund and not getting their money back. And if you ask me,that's like
refusing federal stimulus money and we all know who has done that and I don't think we
. want to be in that category. So you're still gonna be paying your surcharges and not
getting any of that money back and I think that's really, really, really important to note.
If the statute were amended and it said that we could put it on the ballot without the Town
Council having to say we want to repeal it, I would be all for it because all of you know
what my roots are in this town and I do believe in democracy and I do believe in the right
to petition but that's not what the statute says. There is another way, Councilor Rossi
mentioned it, you can get the five percent, but the statute the way it's written now says
that we have to vote to repeal it and I shall not ever vote to repeal this. If they amend the
statute and the statute says you can put it on the ballot without having the Council having
to vote to repeal it, I will be happy to do that but if the statute says that I have to vote to
repeal it, I'm not going to and I think that Councilor Rheault makes a very good point by
saying it's may, this is not automatic. In 2006, the five years came up and there was no
one on this Council nor the present Mayor who felt it was important to bring it up to have
it be repealed. I've had one person in eight years call to complain and it was somebody
that I know personally and she was giving a little bit of the business as well but in eight
years, I've had one person complain and I'm friends with Councilor Calabrese and I
i respect Councilor Calabrese but I can't in good conscience do this. Thank you.
President Letellier—Okay, second round. Councilor Bitzas?
Councilor Bitzas—Thank you. If that was coming along from Councilor Calabrese, I
would vote no way but the question came when we have, I read in the paper also and I
got in package, 1200 signatures from the people and the CPA petition ruled invalid so
from technicality we shut these people off. So those people they sent us a petition, I have
it at my house, you have it at your house too with all the names signed, maybe one or
two, they vote and didn't know what to do, but that's their responsibility, they were there
reading the top, they put their signatures. I agree with any of few there's nobody else
here from any of you more supporting of CPA than I am but maybe because I was
probably in Greece when democracy was born, I would put democracy before and hear
this vote because those people,the petition ruled illegal, they must be heard by the way
that Councilor Calabrese put it into it and again, if we have after that, if that is going
down or up whatever and if that is put to the voters to vote, we don't vote against the
CPA tonight, we vote for the procedure to go on the ballot, that's what the Solicitor ruled
and after that we can draft a new resolution that this Council supports CPA before the
ballot question and then we can vote unanimously we support CPA. That would be the
correct way. If we're not afraid, then nobody bothers you or calls you,they call me and I
go to McDonald's with all my friends in the morning and some of them here and we
• discuss it said and they isn't a problem, we have to vote the democratic way and after
that, before the election in November, we can have a resolution supporting and we have
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all my friends here come and speak again and try to convince the people not to change it
but at least when you have 1200 people they signed petitions asking us to put on the
ballot, what are we afraid for? I believe it will pass because it's a good thing we do.
Question for Mr. Cavallo, why don't we do five years ago and what the people told me
because nobody came up with 1200 signatures to do that or the Council to put on that. At
that time,there was, everybody was happy because they could get dollar to a dollar, now
the state pay us .29 or .30 to a dollar so we're losing now more money. Still good, it's
extra money I don't complain that but that what's the reason why nobody put it five years
ago which by law says shall or may, who cares if it says shall or may, if somebody comes
do it, we're to do it, make no difference. So what I'm here to tonight, I'm not trying to
tell you what to do or how to vote. It's your way to vote it. I'm here as elected official
when I see 1200 signatures in front of me and that people because from the technicality
will not be able to do it, to put it on the ballot question and we have somebody,
* councilors, put it in front of us for them to do it so I will support that resolution, not
against CPA, again I repeat it,just to put the democratic way, to put the voters. Vote yes
or vote no and we can lobby for yes. Simple. Thank you.
President Letellier=Thank you. Councilor Calabrese?
11
Councilor Calabrese--Thank you. I've heard some wonderful arguments
Councilor Bitzas - Point of information. Would like for no, I made a mistake, we can
lobby with a resolution to keep the CPA and make okay for the records.
•
President Letellier—I'm sorry. I thought you were done. I apologize.
Councilor Bitzas -No, its for, I think I made it wrong when I said we can't have a
resolution after, before the ballot question, another resolution so the Council can vote
supporting CPA. So that's for the record.
President Letellier—Okay, thank you.
Councilor Calabrese—Thank you. I've heard some wonderful arguments on the merits
of keeping the CPA but one of the things that many of the questions that were asked, I
have about six answers to and the big question, what's changed? Why now? Why not
back in 2006? For one thing, this body over my no vote voted to increase water rates.
Sales taxes have increased, property values are still low, unemployment is on the rise,
social security income is stagnated. We've started, again on my no vote,to tap into
Stabilization Funds to pay for operating expenses of the town. These are the things that
have changed. These are the things that are on people's minds today. Back in July this
Council heard from what thirty to forty teachers in favor of the budget? Many of whom
didn't even live in town and this Council over my no vote voted to approve. Now we
have well over a thousand citizens that want to have the right to vote on the issue. We
still have over two million dollars in that CPA account to be used for CPA projects. No
r one, at least not me, has made any suggestion that that money might be available in
General Funds because I know it is not. It is earmarked specifically for CPA and in fact,
19
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that's what CPA is. It's a one percent tax with an earmark. I am still voting yes of
course because this is my resolution and I do hope that people on this Council will give
the citizens the right to vote and to be heard and fight for this. If this is something that
you think deserves to be held onto, let the people vote and fight for it. Thank you.
President Letellier—Any other councilors wishing to speak? No? Six votes are needed.
Barbara, could you call the roll? A yes vote would be to pass the resolution to repeal the
i CPA. A no vote would be to maintain the CPA.
ROLL CALL —2 YES (Councilors Bitzas and Calabrese), 9 YES
President Letellier--With two yes and nine no, you've defeated the motion. I'm sorry,
the resolution.
40
Item 7. Report of Council Committees
(a) Rules & Regulations—Councilor Calabrese
0 Councilor Calabrese— Yes, thank you. The Rules and Regulations Committee met once
this past quarter to discuss the measure filed by Councilor Rheault clarifying that
Ordinances would require two votes (readings) and that was a measure that was acted
upon by the City Council and I just want to thank my fellow Rules Committee members
for their service and thank you.
r
President Letellier—Thank you.
(b) Utilities & Street Acceptance—Councilor Mineo
! Councilor Mineo—No matter came before my committee.
President Letellier—Thank you.
(c) Licenses— Councilor Rossi
! Councilor Rossi—Yes, thank you. To date this Council has approved and its License
Committee has evaluated twenty-eight Class I and Class II Dealers. We've evaluated on
thirty-six locations of Amusement Licenses, eighteen of which are multiples, Six Flags
being the most and we continue to meet on an ongoing basis as needed. And I would like
to thank my committee members, Councilor Simpson and Councilor Cavallo for their
• efforts for helping me in this endeavor.
President Letellier—Thank you.
(d) Public Safety—Councilor Perry
Councilor Perry— Yes and nothing was referred to our committee in that last quarter.
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•
President Letellier—Thank you.
41 (e) Ordinances —Councilor Rheault
Councilor Rheault—Yes, the Ordinance Committee met at least three times and
discussed an issue that's in front of the Council this evening. No recommendation came
out of the committee for the purpose because it's a complex ordinance and we felt that
the input from the full Council was important before a decision was made.
President Letellier—Thank you.
(f) Zoning Review--Councilor Messick
•
Councilor Messick—Thank you. Zoning Review Sub-Committee includes members
myself, Councilor Bitzas and Councilor Rossi. We had three meetings, well actually we
had two meetings and an additional thing that occurred as chair, we were informed about
the Western Mass Electric Company proposed exemptions from our zoning laws during
their Agawam to West Springfield circuit separation project. This was a very complex
project. It involves them crossing a good amount of acreage in Agawam to upgrade the
electrical lines that carry the electricity east to west in our town. As the Chair of the
Zoning Sub-Committee, I wrote a memo copied to the Council, Planning Board, ZBA,
the Mayor, Inspection Services and Attorney Chris Johnson containing information
pertinent to Western Mass's proposed exemptions from our zoning laws and inviting
comments from these boards to be sent to Boston as per the memo. On May 281", we met
regarding two proposed zone changes that had become before us —one at Silver Street
and Doane Drive for Aspenwood Associates and one at Mark Drive for Langone Realty.
We received a lot of public input about both of these issues. We had a general discussion
of both the zone changes which included discussions of issues pertaining to both
properties. There was a 3-0 vote to wait for a decision from the Planning Board on
Aspenwood Associates. We voted 3-0 to make a positive recommendation on Mark
Drive. On.tune 151", members of the Zoning Committee met along with Councilors
Calabrese and Mineo about the Doane Drive issue. We had received minutes of the
Planning Board meeting on Aspenwood and voted 3-0 to make a negative
recommendation about that proposed zone change. And that was it. Thank you.
President Letellier—Thank you.
(g) Finance—Councilor Young
•
Councilor Young— Yes, thank you. The Finance Committee met three times in the third
quarter and I'd like to thank my committee members for withstanding the heat of the
summer for these three meetings —Councilors Rossi, Mineo, Perry and Calabrese. On
,Tune 15'h, we met on three items, TO-2009-23, a transfer from Reserve Fund to Line
Items for Street Lighting; also TO-2009-24, another transfer from the Reserve Fund to
Water and Sewer; and also TO-2009-25, another transfer from the Reserve Fund for the
21
increased medical claims, insurance costs. All three items were approved by the Full
Council. On July 8"', we met for the first time on TR-2009-23, a resolution from the
Mayor approving or asking us to move $489,815.00 from the Stabilization Fund to
various accounts in the budget. Again, the recommendation of the Council was a
negative one. The Council tabled it and asked us to re-look at. In fact, we held another
meeting on August 12th in which that matter came back, TO-2009-23, in which the
through the efforts of the Finance Committee we reduced roughly in half which
ultimately was approved by the Full Council. Also on August 121h, we reviewed
TR-2009-34, a resolution adopting the 2010 Supplemental Budget to the Town of
Agawam which was approved by the Full Council and adopted and also the last item
which was -2009-35, a resolution establishing a revolving fund that would support and
take donations and support the improvements to the School Street Barn. Ultimately it
wasn't considered by the Full Council as it was in the wrong form and we asked to have
• that re-written and I don't think we've yet to see that come back and that's it. Thank you.
President Letellier—Thank you. It's always a busy summer for the Finance Committee.
(h) Industrial Relations—Councilor Perry
•
Councilor Perry—No matters came before this committee.
President Letellier—Thank you.
(i) Ad Hoc Sewers —Councilor Rossi
Councilor Rossi— Yes, thank you. I have actually handed out, we haven't actually had
any meetings with the Sewer Committee in a few months but 1 have been giving the
Sewer Committee members as to what the progress has been taking place so far. I am in
41 constant contact with the Superintendent of DPW, Mr. Anthony Sylvia, and I spoke to
him as late as this afternoon and things are shaping up quite nicely. We've recently
passed a couple more hurdles with the right of way issues and some other ones and as I
understand it now, it is just a matter of tieing up a few things with Tighe & Bond and
optimistically speaking I am hoping that we might be scheduling a ground breaking
within the next couple weeks—three weeks—whatever. We all know what the processes
0 can take but I will keep the Council updated. As soon as I get more accurate information
from Mr. Sylvia, I will call a full Committee meeting and make a more public statement
as to a little bit more accurate date on when that project is actually gonna take place.
Thank you.
0 President Letellier—Thank you.
(j) Ad Hoc Recreation —Councilor Bitzas
Councilor Bitzas--Nothing this time.
•
President Letellier—Thank you.
22
(k) Ad Hoc Condominiums—Councilor Rossi
Councilor Rossi—Thank you. Yes, I met a couple of times with members of the
Condominium Committee and through a discussion of a couple of items one being trash
pickup and some other related matters and also a crosswalk at Suffield and Silver Street
seems to be cropping up again. They were supposed to get to me with more information
at a gathering of all of the association members or heads whatever they are, association
heads,to get together at a meeting and then I would call a full meeting of the
Condominium Committee to meet with them. They have not at this point got a hold of
me, so I am waiting for their response to meet with the Full Committee on that issue. I
will however like to probably meet with Councilor Perry on the Public Safety Committee
and maybe we can group together and take a look at that crosswalk issue on the corner of
! Silver and Suffield Street and revisit that. I know it's quite some time ago. I made
mention that I would like to get some kind of a time study going over there to find out
whether or not it would be feasible to put one in there. I got some brief remarks about the
lighting may affect the traffic patterns or whatever but...maybe we could revisit that so
maybe we could get together Dennis and put something together with that. Thank you.
President Letellier—Thank you.
(m) Ad Hoc CPA —Councilor Simpson
i Councilor Simpson —Thank you. The CPA Committee consists of five members—
myself as Chair, Councilor Mineo, Councilor Cavallo, Councilor Bitzas and Councilor
Messick. We met one time during this last period of the Smith House and as we all know
that was for CPA funds for the continued preservation of that and it was voted for the
Council to approve that. And that was all, Thank you.
President Letellier—Thank you.
(n) Ad Hoc Master Plan —Councilor Cavallo
Councilor Cavallo—No meeting this period.
•
President Letellier—Thank you.
Rem 8. Elections
None,
Item 9._Public Hearings
None.
•
23
Item 10. Old Business
I. TOR-2009-4 -An Ordinance Adding Section 3.8.5 to the Code of the
Town of Agawam Establishing the Agawam Energy Commission.
(Councilors Calabrese, Letellier and Messick) (3/3) (Referred to Ordinance
Committee)
President Letellier—This is the third reading as amended. Do we have a motion?
Moved by Councilor Simpson, seconded by Councilor Calabrese. Any discussion on the
third reading as amended? Councilor Bitzas?
Councilor Bitzas —Yes, I sent a memo, letter to the Mayor and respond to us—and I
want to read it for the record and for the people who are watching here. At our next
meeting, the Agawam City Council will be voting on the third reading of TOR-2009-4 to create
the Agawam Energy Commission during our discussion at previous, Councilor Messick stated
and I quote'I understand that eleven people seems like a very big number and I understand that
the department heads should e doing this job already but the fact of the matter is they have not
been' She also stated 'If we need to have regular meetings of the heads of the departments to get
them to cooperate on this one issue, I don't see how that is a problem because what we're seeing
right now is they're not taking the initiative to make this on issue in town that will be followed
upon And that is my major reason for wanting to form this commission... ' If these statements
are true, then we may have no other choice than to form the Energy Commission to save money
for our town and conserve energy resources. Councilor Messick also acknowledged that `—we
do have the Mayor on board...we have the department heads interested in doing this and willing
to do this. ' Is this truly your position and do the department heads support your position? Have
you or your department heads done anything in the past to save energy and/or are you planning
anything in particular in the future? Do the department heads have the capability to apply for
the grants that would enable our town to save money on energy costs? We do have a Go Green
Committee in town which is made up of many knowledgeable people who are already doing a fine
job. Do we need this Energy Commission as well as the Go Green Committee? Presently our
town does not have a police commission,fire commission or other commission like many other
cities and towns. So far, Agawam is doingfine without these commissions. Sometimes the
commission becomes too political and can create additional problems rather than solve
problems, Would you kindly clarify your position along with the position of your department
heads on forming this Energy Commission prior to the next Council meeting on September Ylh'
This information would be extremely helpful in rendering our decision. Thank you. " And today
we have the answer from the Mayor right in front of us and I want to read it to you now.
"Councilor George Bitzas has requested information from this office regarding the ordinance
presently before the City Council(TOR-2009-4). Councilor Bitzas has asked if I support the
formation of an Energy Commission and if the department heads listed in§3.8.SB of the proposed
ordinance will participate. Please be advised that should the Council adopt this ordinance, the
town staff which includes the Superintendent of Public Works, the Director of Planning and
community Development, the Inspector of Buildings and the Building Maintenance Director will
be active members of the Energy Commission. It is important that the Council be reminded and
advised that all the aforementioned department heads fall under my direction. As such, all
requests for their services be made through my office and will require my approval. Councilor
i Bitzas has also asked if the town has done anything in the past to save energy. Attached please
24
•
•
find a report outlining nineteen energy projects that have been performed to date. " And the
first one is -
Point of Information!
President Letellier—Councilor Bitzas?
Councilor Bitzas —Yes?
•
President Letellier—I don't think you need to read the entire three page memo into the
record. It will be part of the Council minutes and it's public record.
Councilor Bitzas—That's fine.
•
President Letellier—All right. Thank you. Did you wish to add anything?
Councilor Bitzas—No,just that...I see the town and the department heads they have
nineteen steps to save energy. I'm not really happy with an eleven member commission.
• I also asked our administrative assistant, Barbara, and she called all the surrounding
communities and no commission had more than five members so all the commission is
three to five. There's one energy commission that the administrative assistant there said
it's very inactive. So I'm not happy with this. I don't believe in commissions. I believe
the become so political— any commission—all political appointees and they...city level,
• state levels—commissions we all know there all political and sometimes they do make
things worse, rather than good. But I vote to give them a chance, nothing to lose, nothing
to lose and it's not written in stone. If that commission...that's fine so be it, but if they
don't do the job and create more troubles, I think our job is to revoke that and absolve the
commission. But for now I will give it a chance. I'm not happy with so many members
because probably create more problems and sometimes we create...city councilors and
eight other members? I hope they do a great job and I'm not gonna go against it and will
vote in favor of it. Thank you.
President Letellier—Thank you. Councilor Messick?
* Councilor Messick— I would just like to clarify that the original number of members
was nine. It came out of the Ordinance Committee with eleven. I would have been very
happy with nine. Also, two, I've been extensively quoted here in this memo as for things
that I've said and I'm very pleased that the Mayor has clarified in support of this as I
said. I didn't say that in a vacuum. I have spoken with her about it and if possible could
we move the question?
President Letellier—Thank you. We have a motion to move the question, seconded by
Councilor Bitzas? Barbara, could you call the roll on moving the question? A yes vote
would be to cease discussion and have a vote.
•
ROLL CALL— 10 YES, 1 NO (Councilor Rheault)
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President Letellier—With ten yes, one no, you have moved the question. Could you
• please call the roll? Six votes are needed to approve the Ordinance creating the Energy
Commission?
ROLL CALL — 11 YES, 4 NO
President Letellier—With eleven yes, you've unanimously approved the establishment
of the Energy Commission.
2. TOR-2009-5 -An Ordinance Amending Section 3-9 of the Code of the
Town of Agawam Changing the Starting Time for Regular Town Council
Meetings from 7:30pm to 7:00pm (Councilor Cavallo) (2/3) (Referred to
Ordinance Committee)
President Letellier—Do we have a motion? Moved by Councilor Simpson, seconded by
Councilor Mineo. Is there any discussion? Councilor Cavallo do you wish to add
anything?
Councilor Cavallo —No, I've mentioned this a couple times and I discussed it at the last
meeting—the Ordinance Committee had a 2-1 vote regarding this and as far as I'm
concerned hopefully if you pass this I'm certainly in favor of it and hopefully it will come
through with a positive second and third reading tonight.
President Letellier—Thank you. Councilor Calabrese?
Councilor Calabrese--Yea, I am not in favor of moving the start time to 7:30. 1 think
it's shortsighted and don't see the point in doing it so close to the end of the term of this
sitting City Council. Many of us do work during the day. We have families. We have
• commutes and I don't see that...is going to enhance the...what goes on with this body.
We frequently have sub-committee meetings prior to the beginning of the City Council
meeting so that we.can discuss items. Sometimes our work schedules often...and those
fifteen minutes are significant and I will be voting against this.
• President Letellier—Thank you. Any other discussion? Councilor Bitzas?
Councilor Bitzas—It's not a big issue. I say leave it like it is for now. I think for three
more months and we have some request for some of the people that work, they asked me
to support this to stay like it is because they can't make the time so I will respectfully, I
respect their position. I'm working too but fortunately I'm closer now and right off the
highway so I can be in time but for those people that asked me to help them because of
their jobs so I will do that. Thanks.
President Letellier—Thank you. Any other discussion? No? Barbara, could you call
the roll? Six votes are needed on the second reading?
•
26
•
ROLL CALL—6 YES (Councilors Cavallo, Mineo, Perry, Rheault,Rossi, and
Simpson), 5 No (Councilors Bitzas, Calabrese, Letellier, Messick and Young)
• President Letellier—With a vote of six yes, five no; you've passed the second reading.
Councilor Simpson--Motion to move the third reading.
President Letellier—Motion to move the third reading by Councilor Simpson and
• seconded by Councilor Cavallo. Barbara, could you call the roll on moving the third
reading?
ROLL CALL—6 YES (Councilors Cavallo, Mineo, Perry, Rheault, Rossi, and
Simpson), 5 No (Councilors Bitzas, Calabrese, Letellier, Messick and Young)
•
President Letellier—With a vote of six yes, five no; you've moved the third reading.
Please call the roll on the third reading.
ROLL CALL—6 YES (Councilors Cavallo, Mineo, Perry, Rheault, Rossi, and
Simpson), 5 No (Councilors Bitzas, Calabrese, Letellier, Messick and Young)
President Letellier—With a vote of six yes, five no; you've changed the starting time.
That will take affect the first meeting in October.
• Item 11. New Business
1. TO-2009-30 - Order Granting or Renewing a LICENSE for an Automatic
Amusement Device(s)—Main Street Still,Inc., 1813 Main Street,Agawam,
MA. (Clerk) (Majority of those present and voting)
President Letellier—I'll refer that to the Licensing Committee, next Agenda.
2. TR-2009-37 -A Resolution Discontinuing the Public Way over a Certain
Strip of Land on Main Street(Mayor) (Majority of those present and voting)
• President Letellier—Next Agenda. I'm gonna refer that to the Public Safety
Committee.
3. TR-2009-38 - A Resolution Regarding the Extension of KENO To Go
(Council) (Majority of those present and voting)
• President Letellier--We'll refer that to the Licensing Committee, next Agenda.
4. TO-2009-31 - Order Granting or Renewing a LICENSE for a Junk
Dealer—Baki's Fine Jewelry,360 North Westfield Street,#7,Feeding Hills,
MA. 01030 (Clerk) (Majority of those present and voting)
•
President Letellier—I'll refer that to the Licensing Committee, next Agenda.
27
•
•
Item 12. Any other matter that may lezolly come be ore the gU Council.
• President Letellier—We'll start with Councilor Perry.
Councilor Perry—Nothing this evening, Madam President.
President Letellier—Thank you. Councilor Messick?
•
Councilor Messick—Thank you very much to my fellow Councilors for finally putting
that to rest. I really appreciate it. The Big E is starting soon. Don't forget to turn out for
Agawam Day. That's gonna be a fun time. I wanted to highlight something that I know
a lot of parents are concerned about the children's safety and the Rotary Club will be at
the Big E on Agawam Day registering kids for the AMBER Alert system, so if you want
to bring the kids to get them registered, to get an ID. I believe they fingerprint them. It's
completely free and I think it's probably a very good idea if you haven't done so or if you
have somebody who tends to run off. Also, everybody's back to school and I know I'm
pleased about that and I just urge people to drive safely especially past the high school in
the morning. I've witnessed some kind of scary car incidents with pedestrians and
everybody's really not paying attention cuz we're all late. So those are my things. Thank
you.
President Letellier—Councilor Bitzas?
• Councilor Bitzas—Thank you. To Councilor Messick, I'm glad you're relieved and I'm
glad the Council makes some good amendments and I wish you good luck. The other
thing is September I I'h-, we have a small ceremony the town in front of the fire station the
September 11 th memorial, everybody is invited, starts 12:00 sharp and to remember those j
they lost their lives and the firemen, the police men and those people. Please be there.
• We should never forget. The other thing is you're invited to come this weekend to the
Glendi in Springfield. Guarantee you good food and good fun and the third thing is I
wish the teachers and the students a safe school year and study hard. Thank you.
}
President Letellier—Thank you. Councilor Young?
Councilor Young--I have nothing this evening.
President Letellier— Thank you. Councilor Simpson?
Councilor Simpson—Thank you. Nothing tonight.
•
President Letellier—Thank you. Councilor Mineo?
Councilor Mineo—Nothing this evening.
President Letellier—Thank you. Councilor Cavallo?
28
•
Councilor Cavallo—Nothing this evening.
• President Letellier-Thank you, Councilor Rossi.
Councilor Rossi—Yes,just a couple things. Barbara, would you schedule a meeting for
the Licensing Committee at your convenience some time at the library, 6:30 would be
fine? I would appreciate that and also just a little aside and this is for the Mayor. Maybe
• she should take a look at the website—the Town of Agawam--I think it still lists Richard
Cohen as the Mayor so she'd probably want to change that.
President Letellier—Councilor Rheault?
Councilor Rheault—Just a suggestion, I hope that the Mayor appoints to the Energy
Commission someone from resources of energy such as an oil company, Western Mass
Electric representatives so they would have some direct input.
President Letellier—I know on the Go Green Committee we have Western Mass
Electric, we have Berkshire Power so yea, I'm sure there'll be somebody there who's
interested, and Covanta, sorry. Councilor Calabrese?
Councilor Calabrese —Nope, everybody has stayed here long enough.
President Letellier—Thank you. Just to follow up on what Councilor Messick said, if
• you'd like your children to be fingerprinted by Councilor Messick or myself, we're
running the booth from 10 to 2 but it's 10 to 6 so don't and I believe it's behind the
Connecticut Building and every day a different Rotary Club is going to be doing it. So if
you can't do it on Agawam Day, you can do it on other days. The Harvest Festival is
October 3rd at School Street Park and the Democratic Town Committee is having a
• Democratic Committee breakfast on Sunday, the 27`h, if you're interested see myself,
Councilor Messick, we both have tickets. Thank you very much. Have a safe few weeks
and we'll see you soon. Move to adjourn? All in favor? Opposed? Good night.
Adjournment.
•
•
•
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