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CC MTG MINUTES APRIL 2 2012 i REGULAR MEETING OF THE AGA WAM CITY COUNCIL Minutes dated April 2, 2012 President Johnson—I call the meeting to order. Item 1. Roll Call President Johnson—I'd ask our Administrative Assistant to call the roll please? ROLL CALL— I I PRESENT, 0 ABSENT President Johnson —With eleven present, we have a quorum. Item 2. Moment of Silence and the Pledge ofAlleziance. ' President Johnson — I'd ask everyone to rise for a moment of silence and Pledge of Allegiance, please. Item 3. Citizen's Sneak Time President Johnson — Next we have Citizen's Speak Time and I'd ask those addressing the Council, when they step forward to state their name and address please. The first one on the list is Janine lacolo. ' Janine lacolo — Good evening. My name is Janine Iacolo and I live at 95 Park Edge Drive in Feeding Hills. I'm also here this evening with Helen Van Reel from the American Cancer Society who is our support partner. I'm here tonight to tell you that the ' American Cancer Society Relay for Life is coming to Agawam. Relay for Life Agawam will take place May 19th and 20th at the Agawam High School track. I invite all of you present tonight, those listening at home and the surrounding communities to join us in ' helping to celebrate more birthdays in Agawam. How can you get involved? You can join an existing team like mine—Jan's Jokers —you can create your own or you can just stop by and walk. You can also sponsor a walker or a team. The relay will start at ' 5:00pin on Saturday the 19th and continue through Sam on Sunday the 20th. I encourage all cancer survivors to join us for the Survivor Lap on Saturday the 19th at 5:00. You do not need to be a registered walker to participate in this lap. We will also be honoring care ' givers that evening The funds raised through this event or events such as the Relay for Life support the American Cancer Society as they work to save lives and create more birthdays. The American Cancer Society has invested $42.6 million in Massachusetts ' institutes to fund cancer research, Of the 37,470 diagnosed in Massachusetts this year, 6,481 patients will be served with ACS patient information or patient programs. Some of these programs include summer camps which are free to patients and survivors — pediatric patients — rides for treatments which are free to and from medical treatments and the Hope Lodge which provides free lodging for cancer patients and their care givers. My brother Jan Sadowski was one of those patients supported by the ACS. For ten years 1 ! Jan was involved in the Relay for Life and the many programs offered to him through ACS. Ten years ago, my brother stood on the stage at the Relay for Life at Springfield ' College and spoke about being a survivor. Sadly five years ago, my brother lost his fight. It's because of him and all he did that I'm proudly serving as this year's co-chair for the Relay for Life Agawam. Thank you for the opportunity to speak this evening. I've left some informational flyers with Barbara to help you get involved in this event. I hope to see all of you on May 19`h and 24th as we walk the track at the Agawam High School as we celebrate Relay for Life Agawam's first birthday. Thank you. ' President Johnson—Thank you. Next is Corinne Wingard. ' Corinne Wingard — Good evening. My name is Corinne Wingard. I live at 194 Elm Street in Agawam and I'm here tonight to ask you to follow the positive recommendations of the Finance Committee and approve the cost of the design phase of School Street park. The information from this study will allow us to make the best most appropriate decisions about how to restore the barn for community use. I've talked with a great many people about the future of School Street barn including when I handed out ' flyers for the barn at the Rotary Harvest Festival last fall. I've only heard four people say they think the barn should be just a barn. Everyone else is overwhelmingly, who I've spoken to, in favor of it being for community use. I have no doubt also that the public hearings will make it clear that the vast majority of residents want to preserve the barn in this way to be used by the public. The School Street barn is an amazing asset for Agawam. Please approve the funds to move the process forward so we can soon see the day when it is used to its fullest capacity. Similarly, I ask you to approve the request to fund the design study for the second phase of School Street park, also positively ' recommended by the Finance Committee. Together, restoring School Street barn for community use and completing the second phase of School Street park will help our town continue to be a place that people are eager to move to and be a part of. Approving both ' of these requests I believe unquestionably is in the best interests of Agawam and I appreciate your support in doing that. Thank you. ' President Johnson —Thank you. Next is Rick Bellico. Rick Bellico — Rick Bellico, 51 Park Edge Drive, Feeding Hills. I'm also here to ask for ' your support for the School Street barn. 1 think this is a great way to recycle history. We have very few barns left in our community and it's also the focal point for the School Street park. Second, it will make wonderful community space and use. I've visited other ' communities that have barns similar to this that are used for community space that could be for art shows, music, presentations and it would be a great asset for this town. Again, we need to save the barn. Second, as I said, I think it makes a wonderful community use for the town. Again, I would ask for your support. Thank you. President Johnson—Thank you. Next is Jill Messick. Jill Messick-- Hi. My name is Jill Messick. I'm from 118 Princeton Avenue in Feeding Hills and I'm here to speak in support of the funding for the design phase for the School 2 ' Street barn. It's been years since we started looking into getting to this point tonight. There's been a lot of work done on the barn. There's been an awful lot of research. The ' National Historic Register application, if you read that, will tell you just how important this barn is to the agricultural history of not only Agawam but this area and this region. A couple things about what's before you tonight. The CPA recommends it. The Finance sub-committee recommends it. This amount of funding for this design process, even if the thought had never crossed our minds about using this barn, upgrading it to a community space, would need to be done anyway because of its historical nature and because you would have to do the work historically, you'd need an architectural firm to design how the restoration would be done. So this is something that this is a step that no matter what subsequent decisions are made, would have to be done. The response from ' the public every time I've been in the barn with people is just amazing. People get so excited about the inside of that barn and especially kids, kids just get so excited about looking into the ceiling and seeing how the thing all comes together and you can see how ' it's built. It's like Legos or something but it's a barn, it's cool. Adults as well, we have a couple hundred people that we've heard from who've signed up at various fairs and things that we've had that are saying yes, we are much in favor of maintaining this barn ' and using it as a community space. I think we have a responsibility to the citizens of Agawam to maintain one of the very few unique barn structures in the region but we also have a responsibility to the region to maintain this structure, to preserve this one, unique ' design that's left. Once this one's gone, you can build them, they're not historical if you build them. You could re-create them but it just wouldn't be the same and so I feel very strongly that I would like to see you all vote in favor of this tonight. Thank you. ' President Johnson —Thank you. Next is and I'll probably pronounce it wrong—George Galiatsos? George Galiotsos — I'm George Galiatsos, 21 Maple Meadows Lane in Agawam. I must admit, I don't look at barns and get all that excited like Jill does and evidently her friends do but I am speaking in favor of the barn and primarily it's because, and I'm not a historian, I was an English teacher, but I see it as a special kind of monument to people who came to Agawam, who lived in Agawam, who worked in Agawam, who spent their ' life in Agawam, who loved Agawam as much as you people do, who were the farmers in Agawam. I see this as a monument to their time here and that's why I think it should be built. It's already built! President Johnson —Thank you. Next is Marilyn Curry? Marilyn Curry — Marilyn Curry, 123 Beekman Drive, Agawam. I, too, am here to promote the saving of the School Street barn. I consider it the most significant place at ' the park. It's the first place you see and also the children do enjoy it, the adults do. Many people have never even been in a barn until they went to this particular structure. It is also being considered and I would say it's pretty well advanced for the National ' Historic Register. It would be a shame to see this barn not approved and then just sit there for storage. It has been used as that for a very long time. I'd like to see it used by 3 the public and for our comfort and our enjoyment. I would urge you to please promote this barn tonight or accept it. Thank you. President Johnson—Thank you. Next is Debbie Dachos? ' Debbie Dachos — My job is done. Everybody said what I wanted to say but I do have a lot more if you want to speak to me later. I agree with Jill and others who have spoken, when I walked into the barn and I've looked at the barn extensively from the outside, when I walked into the barn the first time, I was in awe. It's not just a utilitarian structure. It's a piece of artwork. It's post and beam. This evening I have two experts with me who will talk about the historic and the architectural significance of the barn. ' Tonight we're before you for a really small amount of money relatively, $62,750.00 and this is to cover design services for an architectural firm that we short-listed after doing an extensive search for an architect for the barn. The architects are Crosskey Architects and we have this evening, Margarite is here to talk about what they saw when they went into the barn during their visit. We had a search committee composed of some of my favorite people in Agawam who really are passionate about the barn — David Cecchi, Dick Bennett who unfortunately his mother passed away this weekend and he really wanted to be here --Bonnie Parsons from the Pioneer Valley Planning Commission who will follow me, Jill Messick, Henry Kozloski from the CPA Committee and Nick Urbinati our Building Inspector. The CPA Act was adopted specifically for this use. The CPA Act was adopted to fund projects that communities found it difficult to fund and this barn project is one of those projects. If, tonight, you do not vote to use CPA funds which are ' available and this is the first step. The second step would be to send the project out to bid for a restoration company to come in and restore the barn but if you decided not to take advantage of the money that's available in the CPA Act Funds, the town would have to appropriate the money to do the work because as our Building Inspector says "the barn is moving across School Street park". There are no footings in the barn. It needs a foundation. The sills are rotted and the roof is in need of some assistance. Those are big ticket items and those would either have to come out of the town coffers or out of a pot of money that's currently existing or the barn will fall down and I think that that would be a ' crime, that the barn fall down because it's been in place for 130 years and as Marilyn was saying I think it's such a valuable resource and we should have it remain for future generations. President Johnson —Thank you. Next is Bonnie Parsons? Bonnie Parsons — I'm Bonnie Parsons. I'm the Principle Planner for Historic Preservation at the Pioneer Valley Planning Commission and I'm the person who wrote the National Register nomination for the barn to be listed on the National Register of Historic places and the good news is that today I got a letter from Mass Historical Commission; the staff has reviewed that nomination. They find no impediments to the barn being listed on the National Register. It's going to be reviewed in June at the MHC 1 meeting and I can tell you that I've never had a nomination go this far and not have it be listed on the National Register so I'm quite sanguine about its future on the Register. Part of the nomination is devoted to the architectural significance of the barn, part of it is 1 4 to the historical significance of the barn. I'm just going to remind you tonight about why it's significant in those two categories. Architecturally as Debbie said, it's a post and beam barn and it probably dates as early as 1969-1870 because we know from the kind of circular saws that built the barn, they only arrived here about 1870, so that's our first starting date and we know it was built to follow the type of barns that were being put out in the press at the time and agricultural journals to have all the farming activities in one barn —your tools, your animals, your everything you are harvested — so it's a wonderful remainder and the only one from the 19`h century in Agawam center. It is the only barn with double ramps in Western—there may be two — in Western Massachusetts and it's of course the only one in Agawam but it was following an agricultural principle of bank barns that and it's one of the very few remaining examples of that left. So these are two of the architectural reasons. Historically, it's terrifically interesting and significant to the town because this is where not only did families would raise in mixed agriculture feed their own families, they had farm stands out at the road and then in 1938, it became a nationally significant jail farm and it was Sheriff David Manning who bought it so that he could feed his prisoners. He fed, he took the minor miscreants and took them over there to work, mostly for public drunkenness but once they got to the farm, they loved working there and they produced hundreds of bushels of potatoes and onions and squash and they fed the whole farm, the whole jail and they had so much left over that they were able to feed homeless families in Springfield and Holyoke through the 198.0's. So I just want to tell you that I think you have a rare opportunity to take an historically and architecturally significant barn and make it part of Agawam's future as well as its past history. Thank you. ' President Johnson Thank you. Next is Margarite Carrell Rodney? ' Margarite Carnell Rodney — Boy that's a tough act to follow, Bonnie, thank you. My name is Margarite Rodney. I'm speaking on behalf of Bill Crosskey, from Crosskey Architects in Hartford, Connecticut who have been selected through a short list to work ' on the barn assuming that you approve the project and Bill's very sorry that he couldn't be here tonight. He's out of town. As Bonnie has said, the barn itself has some unusual architectural features but I wanted to talk a little bit about the situation of the barn and put it in a broader perspective because there are communities all over New England and all over the country that are facing similar situations. There are about 660,000 barns in the ' United States that are over fifty years old and many of them are in danger, many of them are falling down already. They're vulnerable to suburban sprawl, they're vulnerable to people selling their family farms and moving on so many of them are now standing ' vacant and although they are very sturdy generally over built, they are becoming vulnerable from lack of maintenance. But while they do suffer, barns are also excellent candidates for re-use and yours fits in this category beautifully. They are sturdy. They ' are utilitarian spaces so in relative terms, they can be cost effective to rehabilitate because they don't have a lot of architectural ornamentation and their wide open spaces make them very, very adaptable as community spaces and for public functions. So just to give you an example of what barns across the country are being used for— in Wisconsin there are barns that have been rehabilitated as performing arts centers, as churches, as schools, bed and breakfasts, restaurants, youth hostiles. In Maryland, there is a policy in place to 5 advocate re-use of barns for meeting halls, events centers, and public events centers. In Pennsylvania, there's a large barn that's a multi-purpose space, it's used for art exhibits, ' local events, private events and community events as well. So this barn is already an asset to your community architecturally and if it is rehabilitated as a multi-purpose space, it will also become an asset in terms of bringing your community together and that I think is why barns are so important. They connect us to the life and to the work of our communities from generations past as George was saying and they honor the past but they can also bring joy and pleasure to future generations as well. So I hope that you will vote in favor of the School Street Barn project. Thank you. President Johnson—Thank you. Next is Henry Kozloski? ' Henry Kozloski —Henry Kozloski, 102 Meadow Street, Agawam, Chair of the Agawam Community Preservation Committee. The Agawam Community Preservation Committee supports both CPA projects on your Agenda tonight. The first is the architectural design project for the completion of the School Street Park. The second is the architect design project for the historical barn located at School Street Park. The School Street Park is the most successful CPA project the town has done. It is now time to take the next step in the completion of this park. The first phase of School Street Park, the second one I'm sorry, the final phase of School Street Park will be an all inclusive park with areas of both passive and active recreation. There will be an additional ball field as well as a picnic area, a play area, and a water spray park for the kids to enjoy during the hot summer days. We will also have a band shell for the concerts during the summer which are so popular in town. As regarding the second project, the barn at School Street, reminds us of the town's historical role of farming in Agawam. The Community Preservation Act was passed so the Town of Agawam could have funds to do projects not able to be done Lduring the regular yearly budget. Many of the projects that are brought to the Town Council for their approval have been enjoyed by the citizens of Agawam. Once the design of the barn has been completed and the uses have been determined, we then can move to the second phase, the restoration and reconstruction. The barn's historical characteristics will be maintained and will meet all of the national's standards. That will be a great thing to the park and the town citizens will enjoy it. Thank you. President Johnson —Thank you. And the last citizen this evening is Dana Henry, Y g Y Dana Henry—Dana Henry, 152 Franklin Street. The park sounds like a wonderful thing to do. I'm not here to speak about the park. I am here to speak about another item on your Agenda and that's to honor G & L Tool. G & L Tool has been a supporter and sponsor of Rosie Robotics since 2008. When John Burns and I co-founded the team eleven years ago, we could take the kids on a journey through technology and education as far as we had the tools to do with, to work with, at the high school. When G&L came on board with us in 2008 and opened up their shop, their machine shop on St. Jacques Street to us and had to teach these students how to work with real tools and we had the ' engineering knowledge but we didn't have all the tools necessary to reach the pinnacles of success that we've had over the years and I just want to thank the Council and I also publicly want to thank Bob Asselin and his wife Judy and Dave, especially Dave, for the 6 countless hours that he has put in working with the students and G & L Tool deserves all the accolades that the receive tonight. Thank you very much. ' President Johnson —Thank you. That concludes Citizen Speak Time. Item 4. Minutes 1. Regular Council Meeting—March 19, 2012 President Johnson — Is there a Motion to Approve? Moved by Councilor Magovern, seconded by Councilor Perry. Questions or discussion on the minutes? Hearing none, all those in favor say Ay? Any opposed? It's unanimous. Item S. Declaration from Council President President Johnson -- I'd step from the platform here and go down with Councilor Calabrese so we can make the presentation to Rosie Robotics and G & L Tool. Councilor Calabrese — Thank you Council President. Can I ask the members of the Agawam High School Robotics team as well as the members from G & L members here please join me at the podium? Thank you. We'll be making two presentations this evening. The first one is a Certificate of Appreciation by the Agawam City Council, it reads as follows: ' WHEREAS, the Agawam High School Robotics team distinguished itself very highly at the Regional Robotics competition at Worcester Polytech Institute(WPI); and WHEREAS, the Agawam High School Robotics team received the Engineering Excellence Award, the Safety Award, the Woodie Flowers Award for outstanding Engineering Mentor (Jay Cameron), and the highest award possible, the Regional Chairman's Award, and WHEREAS, G& L Machine Shop played an important role in the success of the Agawam High School Robotics with their generous donation of time, equipment and expertise. NOW, THEREFORE, the Agawam City Council hereby expresses its appreciation to G & L Machine Shop for its generous donation of time, equipment and expertise to the Agawam High School Robotics team. Offered by: Cecilia P. Calabrese, City Councilor. Councilor Calabrese — The second presentation I'll be making is in recognition of the Agawam High School Robotics team itself. ' BE IT PROCLAIMED: WHEREAS, the Agawam High School Robotics team distinguished itself very highly at the Regional Robotics competition at Worcester Polytech Institute(WPI); and WHEREAS, the Agawam High School Robotics team received the Engineering Excellence Award, the Safety Award, the Woodie Flowers Award for outstanding 7 Engineering Mentor (Jay Cameron), and the highest award possible, the Regional Chairman's Award; and WHEREAS, the Agawam High School Robotics team now qual fes to travel to St. Louis, Missouri to compete in the World Robotics Tournaments against teams from around the world; and NOW, THEREFORE, the Agawam City Council hereby recognizes the outstanding accomplishments of the Agawam High School Robotics team and wishes them success in their upcoming tournament. Offered by: Cecilia P. Calabrese, City Councilor ' Item 6. Presentation of Petitions, Memorials & Remonstrances ' 1. TR-2012-10 -A Resolution to waive the right of first refusal for land classified under M.G.L. Chapter 61B located at 365 Main Street,Agawam, MA. (Tabled 3/19/12) (Mayor) ■ President Johnson — That item is on the table. Was there a Motion to remove the item from the table? Moved by Councilor Rossi, seconded by Councilor Mineo. Questions or discussion. Hearing none, the Resolution calls for us to waive so a yes vote is to waive the right of first refusal, the no vote is to not waive the right of first refusal. I'd ask the Administrative Assistant to call the roll please. ROLL CALL— 10 YES, 0 NO, 1 ABSTENTION (President Johnson) President Johnson — With a vote of ten yes and one abstention, the town has waived its right of first refusal for the land at 365 Main Street. 1 2. TR-2012-11 -A Resolution Confirming the Appointment of Mary Jo Safford,92 Juniper Ridge Drive,Feeding Hills, MA to the Board of Health i to a Term Expiring the First Monday in February,2015(Mayor) ■ President Johnson — Is there a Motion to Approve? Moved by Councilor Cavallo, seconded by Councilor Rheault. Questions or discussion on the resolution? Hearing none, I'd ask the Administrative Assistant to call the roll please? ROLL CALL — 11 YES, 0 NO President Johnson — With eleven votes, we've confirmed the appointment of Mary Jo Safford to the Board of Health. 3. TR-2012-12- A Resolution Confirming the Reappointment of Ronald J. Hamel,52 Federal Avenue,Agawam,MA to the Agawam Veterans' Council to a Term Expiring April 1,2015(Mayor) S President Johnson — Is there a Motion? Moved by Councilor Perry, seconded by Councilor Cavallo. Questions or discussion? I'd ask the Administrative Assistant to call ' the roll please? ROLL CALL— 11 YES, 0 NO President Johnson — With eleven votes, we've confirmed the reappointment of Ronald Hamel to the Agawam Veterans' Council. 4. TR-2012-13 -A Resolution Regarding the Extension of Keno To Go (Council) ' President Johnson — Moved by Councilor Rossi, seconded by Councilor Perry. The Motion is that we have no objection to the extension of Keno To Go at that location. ' Councilor Rossi—We have no objection from the Licensing Committee. 1 President Johnson —Councilor Mineo do you -? Councilor Mineo—Oh no, sorry. President Johnson — Any other discussion? Hearing none, I'd ask the Administrative Assistant to call the roll please. ROLL CALL—11 YES, 0 NO President Johnson —With eleven yes, we've passed the resolution. 5. TR-2012-14 -A Resolution Confirming the Appointment of Jill Messick, 18 Princeton Avenue,Feeding Hills,MA.to the Energy Commission to an Unexpired Term Expiring November 30,2014 (Mayor) President Johnson — Moved by Councilor Letellier, seconded by Councilor Rheault and many others. Questions or discussion? Hearing none, I'd ask the Administrative Assistant to call the roll please. 1 ROLL CALL — 11 YES, 0 NO President Johnson — With eleven, we've confirmed the appointment of Jill Messick to the Energy Commission. 6. TR-2012-15 -A Resolution Appropriating from the Community Preservation Fund and Authorizing the Expenditure of Community Preservation Funds for the Preservation,Rehabilitation and Restoration of ' Historic Resources,the School Street Barn (Referred to Finance Committee) (CPA) 9 President Johnson — Is there a Motion on the Resolution? Moved by Councilor Calabrese, seconded by Councilor Letellier. This was referred to the Finance Committee, Councilor Mineo? Councilor Mineo — Yea, we met last Wednesday night. In attendance was myself, Councilor Rheault, Councilor Calabrese, Councilor Letellier who are on the committee, Councilors Bitzas and Rossi were also there. Debbie Dachos was there from Planning and Chris Sparks was there from Park & Rec and the Auditor, Cheryl St. John, was there. There were some questions about the barn, who was going to maintain it and of course it's going to be maintained by the Town. There were some questions also if it was going to be three-season or four-season. The Committee unanimously voted 4 — 0 to pass this and that's my report. President Johnson—Other questions or discussion? Councilor Letellier — I move to go into Committee as a Whole in case there are questions from Ms. Dachos. She did cover quite a bit more at our Finance Committee meeting and I know there are questions that have been raised and Councilor Magovern's letter that I think can be addressed by Ms. Dachos, oh, so you haven't seen the letter, I'm sorry, Mr. Picard's letter on behalf of Councilor Magovern, I think those could be addressed by Pioneer Valley Planning or Ms. Dachos or even a representative from Crosskey, so I move to go into Committee as a Whole. President Johnson — There's a Motion to go into Committee as a Whole by Councilor Letellier, seconded by Councilor Calabrese. If you are in favor of going into Committee as a Whole, vote yes, if not, vote no. I'd ask the Administrative Assistant to call the roll please. ROLL CALL — 10 YES, 1 NO (Councilor Magovern) President Johnson —With a vote of ten yes and one no, we're in Committee as a Whole. We'll invite Ms. Dachos up. I guess we can move the microphone from there over to the table. Now the motion was to go into Committee as a Whole for purposed of asking questions so that's why we're in Committee as a Whole. Allowing her to get situated, does anyone on the Council have questions? Councilor Letellier? Councilor Letellier — Yes, thank you. Debbie, could you explain for the public and the people that may not have been at the meeting, the money that we're voting on tonight is not to decide if it's going to be four-season, it's not to decide if it's going to be community space, it's to hire an architect that will give the town input as to the potential uses and the potential costs. Is that correct? Could you expand upon that a little? Debbie Dachos— Sure. This barn project as you know is not going to be inexpensive and state law mandates that we hire a design consultant to prepare official plans and specifications for the barn. In conducting our interviews and we actually received I think 35 inquiries for the Requests for Proposals and we received seven proposals, short-listed 10 i ' that down to three consultants and three consultants who have all had extensive experience with post and beam structures and with re-using of post and beam structures. ' So yes, this is the first phase but it's a necessary phase given that we will have to prepare the bid specs and plans when we put the project out to bid if we do receive that funding this evening. ' President Johnson —Do you have more Councilor Letellier? Councilor Letellier — Just a couple. So regardless of whatever final decision the town makes, we still have to hire an architect, correct? That's correct. So these are for the architect not for the ultimate decision, correct? That's correct and that was one of the criteria that we used in evaluating the consultant, how much public input was going to be solicited during the process. I have to tell you ' that the Council did form a gift account, create a gift account, a few years ago and we have received some funds due to the excellent fundraising of Corinne and some very generous donations from private citizens. We did hire a firm, a company, that does barn restoration about a year and a half ago and they went into the barn and the main concern is is it structurally sound obviously, you don't want to pursue this restoration if we're talking about a total rebuild so that was his primary responsibility to look at the structural integrity of the barn which he said was excellent and he gave us a list of things that needed to be addressed just to ensure that the barn was going to remain standing. So we have a quite extensive punch list of items that we would like to have addressed through the Crosskey design process but we also wanted to emphasize that there would be extensive public input so we will be having public meetings throughout the course of the project. We have done previous studies under previous Mayor Dawson, she formed a study committee, we did surveys, we had tours of the barn, we had, we went to barns throughout the state and the findings of the study committee were that the barn should be used for public event space. I know there's one person in the audience who would not like me to say whether it's for three or four seasons obviously if we go through the process to restore the barn, we will want a revenue stream to come in to ensure maintenance. We've investigated what maintenance is going to cost but opening the barn ' up for three to four season definitely will enhance our opportunities to get money to support the barn in the future. It's a roundabout way of answering the question I hope. Councilor Letellier—Yup. I don't have any more questions. President Johnson—Councilor Magovem? Councilor Magovern— When I voted no it wasn't that I didn't hear what you had to say, it's just I wanted the Council to talk first and then ask you the questions but as you know I'm totally one hundred percent in favor of barn restoration. Every speaker that has spoke here this evening has made eloquent comments as to why we should have that barn 11 restored. However, what you're proposing is not barn restoration, it's barn rebuilding and barn reuse. You're planning a four-season facility which is going to be heated with heat, air conditioning, plumbing the whole nine yards. The restoration I'd like to see, there's a wonderful horse stall in there, there's a tack room in there, there's the barns in there. I mean I don't see this retaining, I mean if you're gonna be having weddings here, I don't think you're gonna have a horse stall. I'd like to see this restored in such a way that we can bring our school children in there and show them what a barn was like, what our historic history of this town was like, what our agricultural history was like. This is not gonna be an agricultural restoration of one of the finest barns in Western Massachusetts and later I've got a letter here from Dennis Picard who's the Museum Director over at Storrowton who I showed it to and I'll read that later when we get into ' the Council part of it but this is not restoration. This is re-use of that facility and what is the dollar amount that you perceive that this is going to cost to make this into a four- season community center? Debbie Dachos —I think that you unfortunately didn't hear what I was saying in response to Councilor Letellier's question. This process right now, we would be going through whether we restore the barn to be used as a storage spot, space, for future generations or open to the public. So Crosskey Architects have extensive experience in restoring barns, post and beam barns, for multiple uses. They've worked at restoring barns to make them active functioning agricultural barns and they've restored barns to be used for community event space. They've restored barns for private schools and the $61,750.00 does not presuppose anything. It's opening the, giving us the expertise of an architectural firm ' that have extensive experience in restoring barns, hearing from their experience, getting some designs that we can present to the public and then it's the public's decision because the next phase granted is going to be an expensive phase and I can't tell you what that phase will be. We have prepared a punch list of items where certain items are givens for instance — a foundation for that barn will be a big ticket item to keep it as a barn, secondly sills —big ticket item — and thirdly, a new roof—big ticket items. That doesn't even take into consideration replacing some of the barn boards, the windows and doors to make them operational to be used if that's what you want as a barn. We have spoken to the Building Inspector and he has told us that the barn whether it be used as a Farmer's Market or a craft fair, sign ups for sports teams, it's gotta be handicapped accessible, that's another dollar item that's significant and finally, if any food is sold for consuming on the site, we have to provide handicap bathrooms in the barn. So there's really no such thing as putting the kind of money that you're suggesting into a structure that will only be used for storage. That's I don't think that that's fair to the taxpayers of the Town of ' Agawam. The taxpayers of the Town of Agawam have said to us that they want to go in the barn, they want to use it for functions, they want to have the total experience of using that barn and Councilor Magovern, when you drive into the School Street Park, what do you see? You see the School Street Barn in not its best face. It needs to be restored and it needs to be open so that people can enjoy it. You know, out of deference to your expert who went in there, Bonnie Parsons has written books on restoration of barns and ' Margarite has also worked on lots of these projects so I hope that you also listen to their expert testimony as to what barns can be used for but we're not there. What we're saying is in order to undertake this project, by state law, we need to have an architectural firm 12 1 and that's the $61,750.00 to prepare plans based on public input, from the Council, from the residents, from whomever, it will be an exhaustive process. I am not saying we are ' putting heating and air conditioning in that barn. I have not said that. That will be additional items if the residents so desire and that's what we've heard from them is that they do want to see it open to the public. Councilor Magovern — Just, well I'll say more later, but every report that I have seen, every article I've read in the newspaper has mentioned that this is going to be a at least three, possible four, season facility where they could be even holding weddings in there. Debbie Dachos —That's a possibility but we are not there yet. Councilor Magovern —But that's what a barn is and as soon as you go ADA compliant, the ramps which make that barn unique, those ramps are absolutely so unique to Agawam ' it's unbelievable but those ramps are gonna go. Debbie Dachas —No they're not but— Councilor Magovern—They've got the wrong pitch for ADA handicapped. Debbie Dachos — We're not using the ramps as handicap accessibility. If you give me the opportunity and I don't know if you would allow me to I have a slide presentation that is fairly short which compares another barn in Massachusetts, the Uxbridge Barn, to the School Street Barn. The similarities are remarkable and when you look at the interior and the exterior of that barn, it looks like a barn but there is a wheelchair lift that goes from the basement of the barn upstairs — that would be the handicap accessibility to the 1 barn — the basement would consist of handicap accessible bathrooms. So the ramps would be restored, we've got Bonnie checking every step of our when we were preparing the punch list, she told us what we could do to keep it in conformance with the Department of Interior's standards. We cannot change those ramps. Those ramps would be built as they were, right now they're not built as they were when the barn was built, there's been a lot of extra stuff that's been put in them over the years but they would be built to look exactly like they did when the barn was built in the 1800's. Councilor Magovern —Thank you. President Johnson—Councilor Calabrese? ' Councilor Calabrese — Yes, thank you. I just have a couple. Approximately how long is the design phase anticipated to last? Debbie Dachos—It takes four months. Councilor Calabrese — Four months, okay, and during that time there's going to be a series of public hearing and you would be soliciting public input on ultimately what the final design is to be? 1 13 Debbie Dachos—Yes. ' Councilor Calabrese — Okay and I know I've heard mention a couple times about a gift account. Do we have a ball park idea as to how much is in that account? I don't know if you or Corinne can— Debbie Dachos —I think we have a huge sum of about $1,300.00 but it has funded a few things along the way and that's been very helpful. Councilor Calabrese — Okay, okay, is there any other private fundraising that's ' anticipated or are you going to be relying primarily on CPA funds? Debbie Dachos — Well, we have done quite a bit to get the word out about the barn so I think it would be not for lack of trying for Agawam residents to know how important the barn is in terms of the agricultural history of the town and the agricultural significance. There is Historic Preservation funds available through Mass Historical Commission and ' that is the reason, one of the reasons, we initiated the National Register process right up front. We can get up to $100,000,00 in Historic Preservation funds. So that would be certainly what we would do after the design has been agreed upon. ' Councilor Calabrese — Okay, Henry did you want to add something? I saw your hand go up in the back. You're all set. Okay. All right. I have nothing else. Thank you. President Johnson —Councilor Cavallo and then Councilor Bitzas. 1 Councilor Cavallo — Yea, I would like to say I met with Debbie this past week and I think she made it very clear to me at that time and also made it very clear tonight that this is only the design phase. As she mentioned just a couple of minutes ago, there's nothing cast in stone here as to how this is going to end up, whether it's going to be a three- season, four-season, whether we're going to have weddings there ever so at this particular point I think I'd like to make a Motion that we come out of Committee as a Whole. President Johnson —There are other councilors who wish to ask questions so I think the Motion is premature. I'd ask the maker to withdraw? ' Councilor Cavallo —Withdraw. President Johnson—Thank you. Councilor Bitzas? ' Councilor Bitzas — Yes, I'm totally in favor of the Barn but I have some problems with what I can hear here, what it going to be. First of all, I don't see to spend $65,000.00 for a study that the CPA members as I've read the minutes and other people who are here, ' they have a lot of questions, what this barn going to be. $65,000.00 ---taxpayers' money — it is a lot of money for some study where we don't know what style it's going to be, four-seasons, five-season, depends what this architect will do with charges. What I 14 ' would like to see, use this $65,000.00 to preserve, put a roof if you'd like on the barn, make the ramps, whatever you like to do to make that barn stay historical or the historical ' structure the significance stay there like it was 200, 120 years ago. If you put in bathrooms, you put in elevator lift to go upstairs, you put handicap accessibility, you put a kitchen for the wedding, if you put air condition, if you put heating, then it's not a barn. How can we bring kids to the barn, elementary school kids, and say okay this is how the barn was 120 years ago. It's not value. They're going to laugh. It's not educational. We lose the whole thing. All the affects we got for the people are doing a disservice to the Historic Association by supporting something like this, something we totally make it complete different, like put a roof on the Parthenon, or the Coliseum and make it for Council Hall every night, you don't do that to historic buildings. The question is Debbie- Debbie Dachos —Can I answer your question? Councilor Bitzas — I heard it's about $800,000.00 to a million dollars some members of the CPA said we would spend, spend taxpayers' money, CPA money, don't you think leave the barn like it is, historical structure like it is, beautiful entrance for the people to ' see it, and use the extra money, the $800,000 that you plan to put these bathrooms, air conditions and all this, to do the rest of the park? I mean I know it's easy to spend taxpayers' money but we should today, this Council if possible, for the taxpayers and I think tonight I'm not, I support the money that go to be there to support I mean to maintain exactly like a barn, I support that 100% but to see that to be a community center, to have weddings for 75 people, for everybody from Longmeadow, Westfield, West Springfield, Holyoke, Chicopee, everywhere, everybody has the right to come there because we got some funds from the state, we cannot say no to anybody. So for $65,000, Debbie, I don't think it's worth it. What you think? 1 Debbie Dachas — Can I, well, obviously I don't agree with you but I think there's a premise there that you're operating on that's not, it's flawed, and that is this barn needs a foundation, it needs sills, it needs new windows and door and it needs a roof. Councilor Bitzas—We can do that with less money. Debbie Dachos — That is big ticket item and I don't want to give you a misconception but that's like S400,000.00 George. You cannot do that kind of work. You have to put it out to bid under public bid laws and you cannot do that without having specifications and plans prepared by a registered architect. That is the phase we're at. With regard to using taxpayers' money—there is over$300,000.00 in the CPA Historic Preservation Account. Councilor Bitzas—That's taxpayers money. Debbie Dachos — That's correct and they want to see it used and I have not gotten one negative response from a resident in town with regard to the restoration and re-use of the School Street Barn. And I— 15 Councilor Bitzas — But I have so many complaints, Debbie, excuse me, but I have many complaints and you may have none, I go out to the restaurants and people they telling me ' they didn't know,they thought this money going to be - President Johnson — I'm sorry we're in Committee as a Whole to ask questions. We're not in Committee as a Whole to debate with the person we're asking questions. Councilor Bitzas —Okay. President Johnson — We have Councilor Rheault, then Councilor Mineo — with questions? Councilor Rheault—Well, I think— Debbie Dachos -- I was just going to say this brief slide presentation would give Councilor Bitzas some answers to his questions with regard to rehab to show that it looks like a barn when it's done. Councilor Rheault—Is that the same presentation we had the other night? Debbie Dachas — It's a little glitzier. It's PowerPoint. It'll take you probably three minutes at the most. Councilor Rheault—Well, it's not my call. President Johnson — Let's finish the questions and if the Council desires, we can watch the presentation but there are other councilors with questions so let's finish those up if we can. Councilor Rheault — I have, you mentioned two or three times, that the building is sliding or the barn is sliding and that the Building Inspector — he's never addressed that issue to this Council and I would think that that would be a dangerous situation if that's taking place and we should have been made aware of it. It's the first I heard of it, I heard it the other night at the meeting and I'm looking at the cover of the handout that was given and it seems like it's predetermined that is says "Community Preservation Act request for funding, design services School Street Barn — Restoration and Rehabilitation as Community Events Center". Now I'm not so sure, I've received several, not several, but I've received negative comments making it into a commercial activity — Debbie Dachos — All right. Can I just respond to that question? You know what it's like. You're torn in fifteen different directions. I've been told by a host of people that if you just say you're requesting money to turn it into a barn, nobody's gonna support it. They want to see it used for community functions. It could be a wonderful Visitors' Center for the School Street Park so you're right, to be, it sounds slanted in one direction that's my personal preference that I would like to see revenue generated by the Barn, that doesn't discount that it wouldn't be used for all the other purposes that we've heard 16 tonight but that is a just slightly misleading statement. It could be used to store Park & Rec, no offense Chris, "stuff' forever after it's restored. I mean if that is the general consensus that people would like to see that kind of money go into the Barn so that it could continue to have nets stored in it and other "stuff" but if I could show the pictures you could see that it's— ' Councilor Rheault—I've seen the pictures. Debbie Dachos —Okay. President Rheault—Councilor Mineo or do you have more, Don? ' Councilor Rheault—I have just one more. The, I lost my train of thought, no go ahead. Councilor Mineo —Again, this $61,000.00 is for what the? Debbie Dachos — Design services to prepare plans and specifications for the restoration of the School Street Barn with a number of punch list items that will be given if we decide to make it four-season or if we decide to eat it or those are additional but the primary items are to improve the architectural and structural integrity of the structure. Councilor Mineo — So let me ask this question. If we don't vote in favor of this tonight, what happens to the historic barn? What happens? Knock it down? Debbie Dachos —If you don't approve it tonight. Councilor Mineo —We'll knock the barn down. Debbie Dachos —I don't see anybody wanting to pay for demolition costs at this point in time; I would say it falls down. Councilor Mineo -- So if we didn't vote in favor of this tonight, where we gonna get the ' funds? Debbie Dachos — It would be a tough sell to sell it to my current boss to say we need to put a $100,000 foundation under that structure and put new sills in and repair the roof with town funds. Councilor Mineo —I'm in favor of this, that's why I'm asking these questions. Debbie Dachos —I would say— Councilor Mineo —I don't want to see the barn get knocked down. ' Debbie Dachos — I would say it would be neglected and if you talk to anybody who knows barn restoration, the roof is critical and if you just look at the roof on the north 17 ' side, the shingles are starting to curl up and it's just a matter of time that water finds it's way into the barn and we'll be faced with a lot more problems. ' Councilor Mineo—Last question is if we don't do the design, we don't move forward. Debbie Dachos —That's correct. Councilor Mineo—Thank you. President Johnson —Councilor Rossi? ' Councilor Rossi — Thank you. Everything has been so miscombobulated up here. Let me just draw a little clarity for my own purposes over here. My understanding is that the money you are asking for here tonight is for the design face, regardless of what the future ' determinations are, regardless of what the options are gonna be, you need this first step in order to do anything. Am I not correct here? Debbie Dachos —Very. Councilor Rossi — So regardless of what use this barn may have in the fixture, it's really not gonna matter at this point. We need to get these drawings done in order to get that moving and then we'll find out where we are with the floating of the barn and all the other stuff that happened. So this is a necessary first step. Am I correct? ' Debbie Dachos — Hopefully it's the necessary second to the last step, yes. We've had lots of first steps. ' Councilor Rossi — So nothing can take place until this is happening, in terms of any future potential of that barn? Okay, thank you. President Johnson — Stepping from the Chair for a moment since Councilor Ma govern pp g g has already had opportunity, one very specific question. You're asking for money for a design contract. We're gonna draw plans. Whenever you have a design contract and you're gonna draw plans, you have a finished product in mind. What does the contract state relative to what the finished product of these design plans will be? As Councilor ' Rheault aptly pointed out, what was presented to us was the restoration and rehabilitation as a community events center. That's far different from let's analyze what's wrong with ' the barn and figure out potential reuses of it. This says it's predetermined that it's gonna be a community events center. ' Debbie Dachos — That was just a simple handout that I gave to the Finance Committee. You should have in your package Crosskey's full contract and it's very specific that he goes out and investigates the structure, determines what structural issues there are and ' comes up with some design concepts that then would be submitted to the public and the based on input from the public then he would go about creating plans and specifications 18 ' that would address those potential uses. That was just something quick and easy to review at the Finance Committee. You have much more information before you. President Johnson — I understand. The difficulty is what you gave us was about yay thick and it sits in the Council Office and wasn't reproduced for every single councilor for obvious reasons and you can understand our confusion getting something that says that it's gonna be a community event center— Debbie Dachos—I thought it was pretty. President Johnson — Yeah, well, nothing taking away from the artwork and the ' photographs but as I understand it, it's a two step process. Step #1 is for them to go in and analyze the structure and come back and say regardless of what you use the barn for, these are things that need to be repaired Step #2 is to decide with community and ' hopefully with Council input since we're the ones that will ultimately be called upon to fund whether it's CPA or town money, what the re-use of the barn will be whether it's as a barn or a community event center. I personally sitting on the Board of a community center now in Agawam that's privately owned, it's struggling to pay its bills. As a taxpayer of•Agawam with $10million or more being spent between the library and the Senior Center, I don't know that we need more community event space but I do think we ' need to preserve this structure. Hopefully we could find a use that fits everyone's requirements. Councilor Magovern? 1 Councilor Magovern — I'll be very quick. I'm sure that to build a little bit on what our Council President said, I agree 100% with what he said, it says to be a community event center now I'm sure that when you negotiated and you talked with this architectural firm ' that was what you laid out to him that what you wanted was a community events center and everything that I have heard up to this point has been about a community events center and as Council President said we've got community events centers but the one ' comment that you did make that I wanted to ask a question about is that you said that if we didn't accept this proposal that your boss, meaning the Mayor, would not approve anything else. I — Debbie Dachos—I can't speak for him— Councilor Magovern— Okay, but that's what I heard you say. Debbie Dachos —I just do know that he's very frugal and we've had— Councilor Magovern— When does, do you or the Mayor— Councilor Letellier — Point of Order! Could you let the person that you're asking a question to answer the question before you interrupt her? Councilor Magovern— Okay, go ahead, she was interrupting me. 19 ' Debbie Dachos — Yeah, I feel like I'm on the witness stand, geez. We've had level- funded budgets for the last six or seven years. We are all struggling to just keep people employed and there's a lot of good projects out there and we would love to fund them but I would have a tough road to hoe to get the funding that we need to make sure that the barn stays standing and Mr. Magovern, Councilor Magovern, I also would ask at some point that you look at the Crosskey proposal because I know that my title sheet on that handout says community events space but you really need to look at his proposal to see that he's going into the project with open eyes and when we were interviewing him, he ' said that he and we agreed, he has extensive experience at looking at space and making suggestions on is this realistic or isn't it. So that's just part of the process but the first is to go and look at the structure, just look at every single component of it and tell us what ' is necessary to keep that barn standing. Councilor Magovern —Before I was interrupted, you didn't give me a chance to ask the question, you answered a question I wasn't asking. The question I was asking is that the CPA is an independent body. Anybody can make a proposal and go to the CPA for funds. If somebody else came up with a proposal to restructure the barn and go to the ' CPA with a proposal that is a re-figuring of the barn to bring it back to an agricultural standard of a barn where you could go in and see horse stalls, tack rooms, hay lofts and everything else in what a barn should be, wouldn't that be an acceptable proposal to take before the CPA and have them approve and it doesn't have to go before the town money, this is what the CPA is there for is to come up with a realistically funded historic project which would be restoration to the barn as an agricultural integrity part of the Agawam history? Debbie Dachos — I disagree with that last statement. The first statement yes, again, CPA ' funds, anybody can submit a proposal to the CPA Committee and they would review it on its merits. I have been working on this project for close to ten years and I've been directed by the residents of the town that I have heard from that they want to see it open to the public but yes, if somebody wants to take it to them and restore it for barn purposes only, that would be totally fine. Your second comment I disagreed with and I can't remember what it was but that's okay unless you remember what it is and you want to ask me again. President Johnson--Are there any more questions before we get to the item? Councilor Bitzas — Very short and the last one I hope then we go off. Debbie, a councilor make a point and said if we don't pass this tonight, the barn would be going down. No, it would not be, not go be down and I believe, I believe, you could do that tomorrow morning, you go to CPA and ask for the Historic Fund, preservation fund for ' CPA, and put the amount of that into another proposal and just fix the foundation and the roofing and if you want to get a study for some architect, go back to the architect and tell them we want to do this for the Council and vote for it this way and we're not going to do ' for all year round event like a community center. If you want a community center we build a better and bigger some day in the future, I'm for it but not for 75 people. 20 1 ' President Johnson—We need a question Councilor Bitzas. Councilor Bitzas — My question to you is can you do it another study, not a study for $65,000 but a study with less money just only to preserve the barn as a barn period. Debbie Dachos — No, that's what you have before you this evening. The $61,750.00 is to look at the uses of the barn and its structural integrity. Can I show the - President Johnson -- Seeing no more questions, the Chair will entertain a Motion to come out of Committee as a Whole. Moved and seconded all over the place, all those in favor of corning out of Committee as a Whole say Ay? We are out, any opposed? We ' are out of Committee as a Whole. We now have the resolution before us which has been moved and seconded. Discussion on the resolution itself? Councilor Cavallo? 1 Councilor Cavallo —Yes, I'm going to be in favor of this resolution this evening. I think they've made it quite clear, the people that are here tonight, that we are only looking at a survey, a study. We certainly have time later on, some of the concerns that were brought up tonight whether it's gonna be a hall for a wedding or whatever it may be, the decision has not been made. That can be made as Debbie pointed out when all the input is gathered from the folks in town and it comes to the Council, the Council is actively ' involved and certainly we hopefully can come to some kind of a decision so I am in favor of it. I feel it's money well spent and when it comes to the construction phase then that's another situation and the reason and what we're gonna make it of. Thank you. ' President Johnson —Councilor Letellier? ' Councilor Letellier—Oh, yes, thank you. Even if the town ultimately decides this is just going to be a barn, we still under state law need to hire an architect to do the design phase so even if you agree with Councilor Bitzas and Councilor Magovern's position in that maybe the town is going too far in what they're looking for, the first steps have to be taken which is the architectural preservation. Those of us that were at the Finance Committee meeting did see this presentation in which they compared our barn to a barn in Uxbridge, Mass. and there are photographs in the package that Deb handed out tonight and you could see that they've re-used this barn but there's still horse stalls, the original horse stalls are there. They have display cases with historical artifacts. They have a photograph. They have some sort of a write up on whatever's on the photograph, I'm sorry, my eyes aren't that good but it's clear that you can both keep the barn, keep the stalls, use it as an educational function and other functions but tonight we're just here to follow state law. If there's no architect, then nothing gets done, it continues to weep, the roof may cave in so it sounds Iike all eleven of us agree at a minimum that we need to ' save the barn. We don't necessarily agree on what we want to do with it but that's for the public to decide once we have price options, once we have options from the architect. The architect's gonna say from what I understand, the architect is gonna say if you want ' to do this, it's gonna cost this; if you wanna do this, it's gonna cost this; if you wanna do this, it's gonna cost this so if you feel strongly about it then go to the public hearings and give your personal opinion but tonight in order for the roof to get studied, the foundation 21 to get fixed, by state law we have to hire an architect. That's the only contract in front of your tonight. Thank you. President Johnson — Yes, I would like to before I would speak I would like to ask Councilor Magovern to read the letter that we have in front to us, I don't want to, are you ready to read the letter Councilor because this make a good point here. Councilor Letellier -- Point of Order. What is the point of a letter from someone, you can put it in the record, it doesn't need to be read, we've had presentations. Councilor Bitzas — I think it's very important for this letter because it makes a lot of sense and I think the people have the right to know and for the study that you're talking about, the $65,000 study, Council President make an excellent point. I totally agree with him. We put the cart before the horse. We don't know what the architect charge for all these things to do. For a plain study, we have a DPW, we have engineers and we have somebody else in the town. Aren't we smart enough to do something ourselves here? Why we spend $65,000 taxpayers' money for a study that we don't know what the study ' will be for because we don't agree everybody what the barn will to be? Why you wasting $65,000? The barn is very important. I agree and support it one hundred percent. I'd like to see it, in the state it is now it needs to be improved and to be safe, to be educational for the kids. I don't see the point to have a wedding there because nobody's going to have a wedding down there, I guarantee you. I don't see the point to change the barn and put a lift or to go upstairs or to put bathrooms in a barn? To put air condition, and put a kitchen? I think the talk out there, I don't know who Debbie's talking to but everybody I talk to they're totally against—they want the barn to stay like a barn and they want a community center but not right down there, community center some place that the town, that I think someday work hard and build some beautiful modern building and have the youth and the middle age and the oldest and enjoy it. So I would pass to somebody else and I have some more to say later. Thank you. President Johnson—Other discussion? Councilor Rheault? Councilor Rheault — I just wanted to make one point that in the discussion it was mentioned that children came in and were all excited, well they were also looking at a barn, they weren't looking at a renovated facility to accommodate weddings or whatever you have. If you take a look at that brochure on the Uxbridge comparison, there's nothing that compares what they did with it that changes it from a historical barn to a ' commercial enterprise at all. President Johnson —Councilor Magovern? Councilor Magovern — I'd like to read this letter for those of you that are in the audience, I know that Council has it and I also wanted it to go into the record and this is a letter that I receive from Dennis Picard and for those of you who don't know Dennis Picard, he is the Director of the Historic Museum over at Storrowton and if you have ever gone over to Storrowton, you see all the kids running around over there. You know the 22 ' historic lecturing that they do over there and I brought him over to take a look at the barn to get his opinion on it and I just want to read you what he wrote me and it says "Dear Bob, thank you for allowing me to accompany you to the School Street Barn to explore the extended red barn there. As you know, I have many years of experience working with post and beam structures, was a member of the historic construction crew for Old Sturbridge Village, have spoken at the participation of several barn conferences and tours and consulted with other communities about their barn and agricultural buildings. I was extremely impressed with the quality of the very well preserved frame. The building is ' an interesting example of a gable and entry and a two drive ramp. Most barns of this type exhibit only a single drive but Agawam's example has the added advantage of a second drive, therefore eliminating the need to back a team with an empty hay rack out of the barn. The frame is a particular principle perlin(?) style with a total saw members which generally date it and with other supported evidence to the late 19ffi or early 20`h century. It is amazing that it still maintains its tack and tool room as well as a horse stall. As to 1 your question about possible alterations to the structure that written material and spoken descriptions you shared would not in my opinion be classified as a restoration. To use a poured concrete foundation with brick facade and not a full brick foundation to replace ' the ramps with those that properly slope to meet ADA standards, to remove the remaining interior agricultural fixtures and to insulate the interior walls and sheath them covering the existing frame would actually be called adapted re-use or in some circles facadism. You would save only a very small portion of what now exists and not replace what is missing with period appropriate materials or process. This would not celebrate the building but subjugate it to another use. I am not making a quantitative judgment of either approach, please let me be clear about that but I am merely pointing out what restoration means in the museum world. Many buildings have been, are repurposed and therefore saved from destruction but they are not the same buildings. They have entered a new phase of their life. The existing barn could be truly restored and used as a foundation to offer agricultural based programming to Agawam students and visitors. These programs could address the barn's special history, the area's agricultural history but also modern 2 1" century interested in gardening, cooking and canning and preserving community gardens, urban farm animals. It does not meet standards for accessibility and that is the main drawback as it exists now. I would be happy to discuss any and all of the above in more detail at a mutual agreeable time." In other words, I brought somebody in who is a barn expert. He's worked on barns. He's restored barns and I know he hasn't seen Debbie's wonderful presentation but I don't see where spending $700,000.00 to ' create a as it says here `a community event center' and the architect that we're proposing to give the money to is hired based on coming up with plans for a community events center. In spite of what Debbie says that is what he was hired for and interviewed for so I think that unless we gave specific instructions which is not our place tonight to do as to how this is gonna be spent, I'd like to go forward and just say that I'm not in favor of expending this money for something that is an open check book that would be $60,000+ for the architect and then another $6 — 7 - $800,000 that this town does not have to spend for a community events center. We don't have six to seven hundred thousand dollars which it's going to cost minimally and those are the numbers that I've heard so that's my say. Thank you. 23 President Johnson — Stepping from the Chair, Councilor Bitzas has spoken four or five times already on the item. I agree on Councilor Letellier's evaluation. I take the ' proponents at their word that they'll do the evaluation and have the public hearings. I personally am not sold on the concept of a community events center. That's personally not what I'm sold on. I don't believe that Agawam has the financial wherewithal to do it or the need for it exists. I do strongly support the re-use of the barn and the restoration of the barn and the first logical step is to figure out through a professional engineer and architectural firm, what's necessary to restore the barn and give us the options. That's all they're gonna do. Obviously there's a bunch of different opinions up here that I've heard sitting up here and that's exactly what we need to go and express at the public hearings and again I think you're getting a taste and I'm not trying to speak for the entire Council but you're getting a taste of what you will feel if you come back looking for the funding if you don't hold those public hearings and allow all the members of the community as well as the Council to have their input as to what ultimate use this barn will be put to but like I said speaking from personal experience, Debbie can be pretty persuasive and she'll probably work on me after the meeting I'm sure but at this point I'm not sold on a community events center but I am sold on the need at this point to have an architect and an engineer look at the barn and figure out what needs to be done to restore it, to make it safe so that it will be standing 130 years from now. I've got a Motion by Councilor Mineo to move the question, seconded by Councilors Cichetti and Calabrese. All those ' in favor of moving the question say Ay? Any opposed? The question has been moved and I'd ask the Administrative Assistant to call the roll. A yes vote is to appropriate $61,750.00 from the CPA for the design contract for the School Street Barn and a no vote opposed that appropriation. ROLL CALL—9 YES,2 NO (Councilors Bitzas and Magovern) President Johnson — With a vote of nine yes and two no, You've appropriated $61,750.00 from the Community Preservation Fund for the design plans for the School Street Barn. Thank you to all those who spoke this evening. Thank you to Ms. Dachos for coming and being grilled by the Council. We appreciate it. 7. TR-2012-16 -A Resolution Accepting a Gift in the Amount of Two Thousand and Five Hundred Dollars ($2,500.00) from Organic Change,Inc. pursuant to Massachusetts General Laws Chapter 44, Section 53A(Mayor) President Johnson — This is a gift from a former employee ee of the Perry Lane Park to be � p Y Y utilized to fix a drainage problem at the park. Is there a Motion? Moved by Councilor ' Letellier, seconded by Councilors Rheault and Magovern. Questions or discussion? Just by point of information, the drainage problem in question just for the public's edification, I'll be very, very quick is that when it rains the water from the pool deck flows off the pool deck and into the pavilion and the pavilion is the only covered space at the park and hence when it rams and camp is going on, all the children in the camp are brought underneath the pavilion only to have the water pour from the pool deck onto the pavilion ultimately. So a former and I don't know if he still comes in summer and works for us but a former camp director for the camp put up with the problem for years and I personally applaud his efforts to donate the money. Representatives of the company are ' 24 here tonight. They don't want to speak but they deserve recognition for seeing a problem, living with a problem but doing more than that, stepping forward and donating generously $2,500.00 so that the town can fix that problem. Councilor Cavallo? Nope? Councilor Letellier? Councilor Letellier — The family is here. The check has been given to our Administrative Assistant so thank you to the Balbony family and their representatives tonight. President Johnson — Yes, thank you. It's very much appreciated. Hearing no other discussion, I'd ask Barbara to call the roll on the resolution to accept the gift. ROLL CALL— 11 YES, 0 NO 1 President Johnson — With eleven yes, we've voted to accept the gift and again our heartfelt thanks for not only recognizing but also coming up with a solution and generously donating the funds to the town so that they can effectuate the change. 8. TR-2012-17 -A Resolution to Appropriate Funds for the Agawam Department of Public Works Employees Association (Referred to Finance ' Committee) (Mayor) President Johnson — Is there a Motion? Moved by Councilor Rheault, seconded by Councilor Letellier. Questions or discussion on TR-2012-17? I'd ask first for the report from the Finance Committee Chair, Councilor Mineo? Councilor Mineo — Yes, thank you. Yup, we met the other night, last week, again I was there, Councilor Rheault, Councilor Calabrese, Councilor Letellier who are on the committee, Councilors Bitzas and Rossi were in attendance. This resolution here is just for the increases in their contract to accept this contract. It was 0% for FYI 1, 1% for FYI and 2% for FYI3, okay, and again I want to say it is just on the contract not what's in the contract. We don't negotiate the contract. I mean there are things in here that I am ' not in favor of like some of the things that were discussed but I do want to make a point that we're voting just on the increases. I would assume that the Union has accepted this because it's before us so it was voted in favor of 3-1, myself, Councilor Rheault and Councilor Letellier voted in favor and Councilor Calabrese voted no. That is my report. President Johnson—Questions or discussion? Councilor Perry? Councilor Perry — Yes, thank you Mr. President. I am just really curious. Are all the other contracts gonna come before us? All the other negotiated contracts? Why just the DPW? President Johnson — It's my understanding from conversation with the Mayor that the other contracts were previously presented to the Council. This was the last collective bargaining agreement to be negotiated by the town. I don't know that there are any left for this three year period. 25 Councilor Letellier— Just for point of clarification for Councilor Perry. We talked about ' this at the sub-committee meeting and the Council had voted down the other contracts if you recall. Councilor Perry—Right. Councilor Letellier — And then they were put in the budget anyway so this makes the DPW Union equal with, it approves the monies that are already in the budget last, this April, this past June and then for next fiscal year so it evens them with all the raises that the other contracts were already given. I'm not saying I agree or disagree but that's procedurally where we are. If you recall, we had voted down the contracts, asked the Mayor to renegotiate, School Department said no they're not gonna renegotiate, so that means the town's side didn't renegotiate, we voted no on the contracts. Councilor Perry — But we still voted on the contract I mean on the budget which approved what's in front of me. Councilor Letellier — And that's the point that we're making is while we voted no we approved the budget and therefore the funds were in the budget for this current fiscal ' year. Councilor Perry—So — ' Councilor Letellier—There's one more year to go on the contract, the coming one. ' Councilor Perry—Right. I'm still confused. Councilor Letellier — You have the same memory I have that we discussed at the meeting, yeah. President Johnson —Councilor Rheault then Councilor Rossi? Councilor Rheault — All this does is bring it to parity to the rest of the contracts, my understanding of it, and you're not just voting on money Joe you're voting on the language as well, it's the entire contract. ' President Johnson—No you're not. Councilor Letellier—No you're not. Councilor Rheault— What do you have is this a transfer of money? Councilor Mineo —Point of information. We have no, we're not involved in any of the negotiations— 26 Councilor Rheault—That's correct. ' Councilor Mineo —We're just approving the— President Johnson -- If I could provide clarification? It's sloppy what was presented to us because appended to the resolution is the contract— Many councilors - Right. President Johnson — And that really shouldn't happen because we're not voting on the contract. Many councilors - Correct. President Johnson — By voting on the resolution that's before us, we're appropriating the money for the first year of the collective bargaining which happened to have been last fiscal year and that was a 0% increase. By voting on this, by voting on the first year appropriation and we are obliged as a Council to fund the balance of the contract so that when fiscal 2012 budget came last May or June, the Council approved the 1%. When this fiscal year coming budget fiscal 13 comes, we have a legal obligation if we pass this resolution to fund the 2% cost of living. We are not approving anything in the collective bargaining agreement, we are solely appropriating the funds and Chapter 150E Section 7 says that the Mayor has to bring to us within thirty days of ratification all collective ' bargaining agreements for appropriation of the first year. So but it's more than just that first year but voting to approve that first year we obliged ourselves legally by case law that we now have to fund subsequent years. So we can't and I'm not saying that we would, but we can't when the DPW budget comes before us come May or June we can't say no we're not in favor of the 2% increase if we vote yes for this. Councilor Rossi? ' Councilor Rossi — I agree 100% that we're not here to negotiate the contract. We're only here to agree upon the funding because that's our role but as to the way the events went if you remember correctly and maybe I can draw some clarification, this Council ' sent back those appropriations to the Mayor to renegotiate those increases. He did not honor that request. He did not enter into renegotiations with those bargaining units. He instead put those monies into the budget. When we voted for that budget then we subsequently voted for those contracts for the life of that agreement, At the time when we voted for that agreement, the Union for the DPW had not been negotiated yet. They have since negotiated. Now it is up to us to say we agree with the 2% as all the others did, or we don't. I think we might have a problem if we don't but I guess it's our prerogative if we want to turn down the 2% because it wasn't in effect when the budget ' was passed although the money is in the budget for this. President Johnson -- The one percent is but not the two percent because the two percent is the coming year. 27 Councilor Rossi — Oh, that's right, the 2% is coming but my question here is and I think I answered my own question that this wasn't in effect when our budget was passed so this would be an addendum to that. President Johnson — My understanding from conversation with the Mayor during the ' Agenda Review is that the 1% funding for this fiscal year, which is the second year of the collective bargaining agreement is already in the town budget as passed by the Council. The reason why this is before us is because they just concluded negotiations so under 150E, Section 7 we have to ratify and he has to, the Mayor has to bring it before us within thirty days for appropriation. The reason why the appropriation amount here is zero is because 150E, Section 7 says we have to appropriate for the first year, which was actually last year, last fiscal year at least but again by passing this, if we do pass it, we oblige ourselves to fund the one percent fiscal 2012 is already there, we oblige ourselves to the two percent in the coming fiscal year. Councilor Bitzas? Councilor Bitzas — Thank you. I think you clarified it Mr. President and I hope this Council, I know it's difficult times but it'd be unfair for one department to vote it down ' the 2%, 1 % / 2% raises and every other department have it, it's unfair and I hope the whole Council votes in favor and that's it. I know it's tough times but they deserve it, they work hard and 2% is not a lot. I know many of us have lost a lot of money for these times but if we don't do it then we discriminate against them and I think they agreed for this amount and they signed the contract and I hope we support it. Thank you. President Johnson — Other questions or discussion? Hearing none, I'd ask the Administrative Assistant to call the roll? ' ROLL CALL— 10 YES, O NO, 1 ABSTENTION (Councilor Calabrese) President Johnson — With a vote of ten yes, one abstention, we've approved TR-2012- 17. 9. TR-2012-18 -A Resolution Appropriating from the Community Preservation Fund and Authorizing the Expenditure of Community Preservation Funds for the Design Services for the Creation of Phase II of the School Street Park on Property Owned by the City of Agawam and Located on School Street (Referred to Finance Committee) (CPA) President Johnson — Is there a Motion to Approve? Moved by Councilor Letellier, seconded by Councilor Bitzas. This was also referred to our Finance Committee. Councilor Mineo? ' Councilor Minco — Yes, again, this was unanimously approved 4-0 and what we're looking at here is just funds for designing this phase of the park, that's it, just like with the barn, we're just approving funds for the design. We do have Chris Sparks out here if anybody would like to ask any questions, we could certainly go into Committee as a Whole if anybody wanted to and you could let him answer any questions. He did a nice 1 28 job the other night explaining everything what they're going to be doing over at the park. It's Council's pleasure. President Johnson—Councilor Bitzas? Councilor Bitzas — Yes, I'm strongly in favor for this appropriation and I believe we should finish the park, the sooner we do the better. We have the plans already and maybe we could alter it some with the help of some of our civilian organizations and hopefully ' we'll get the $500,000 grant in April or May and some well deserved money and I hope you all support it. Thank you. President Johnson—Any other? Are you still? Councilor Mineo —No I just wanted to make a comment if I could. President Johnson— Councilor Mineo? Councilor Mineo -- I just wanted to say that I'm in support of this. This again this park is a jewel of the community. I think we've come this far with this park and it would be nice that we finish it and complete it. It's definitely a great place for families. President Johnson — Just stepping from the Chair, in conversation with Mr. Sparks he indicated like the School Street Barn process, that that as this design process unfolds, they'll be public bearings so I encourage everyone to participate and have input into the second phase of the park. Hearing no other discussion, I'll ask the Administrative Assistant to call the roll on TR-2012-18. ' ROLL CALL — 11 YES 0 NO President Johnson —By a vote of eleven yes, zero no, we've approved TR-2012-18. .Item 7. Report of Council Committees 1. Auditor's Report President Johnson—The first report is the Auditor's Report. Cheryl St. John - Good evening Councilors. During the past six months in the Accounting Department, we have been busy working on accounts payable, payroll, financials and other miscellaneous things. In the accounts payable area, we processed over 10,907 payments during the past two quarters. In the payroll area, everything has been routine. In the financials area, in August I worked on the 2011 fiscal year end adjustments and prepared the fiscal year end reports for the town. These reports included ' the Department of Revenue year end checklist which included the balance sheet, cash reconciliations, outstanding receivables, debt statement and detailed analysis of the general fund balance. I also prepared the CP 1, CP2's and CP3 which summarize Community Preservation activity. In September, I worked with our auditors, Powers and 29 ' Sullivan, who performed the fieldwork for the Town of Agawam's annual audit. In October, I completed the Schedule A which summarizes all the town activities to the ' Department of Revenue. The School Department and I completed the Schedule 1 and Schedule 19 which summarizes school activities to the Department of Education. In November and December, I worked with the Assessor to complete the tax rate recapitulation forms which were submitted to the Department of Revenue to finalize the tax rate for the fiscal year 2012. In January, I attended a FEMA Briefing for the October 29th storm. In February, our independent Auditors, Powers and Sullivan issued the town's financial statements which the Treasurer Collector, Laurel Placzek, and I thoroughly reviewed. Also in February, Laurel and I went to Boston to the Mass. School Building Association to learn a new software program so we could use that to request reimbursements for the Green Repair Project. In March, I attended the Massachusetts Municipal Auditor's and Accountants Association Annual Education Program to keep my certification as a Certified Municipal Accountant. Highlights of this program included legislative updates, classes on GASB, internal auditing, alternative energy, fraud and health insurance reform. Also there was updates from the State Auditor, Suzanne Bump, the Inspector General, Helen Flaster, and from the Director of the Bureau of Accounts for the Department of Revenue, Gerry Perry. He stated that the Community Preservation state trust fund distribution will decrease to approximately 22% for fiscal year 2013. During March, I also worked with the budget team to prepare the fiscal year 2013 budget. Other miscellaneous things that our department has been busy working on during the past two quarters are journal and budget entries, monthly reports, recording fixed assets, balancing accounts receivables, attend staff, budget & council meetings, handling basic life insurance claims and answering the switchboard. I would like to thank you for your time and thank my staff for their hard work and look forward to preparing for the town's next fiscal year end this upcoming quarter. If any of you would like to review any of the reports that I just discussed feel free to come in and see me and have a good evening. President Johnson —Thank you. Any questions of our Auditor? Thank you. 2. Sub-Committee Reports (a) Finance (b) Legislative (c) Community Relations (d) Administrative iPresident Johnson — Since we just formed the sub-committees, I don't know what the Council's pleasure is do we want to hear from the four Chairs since I know at least two of them haven't met yet or do we want to— Councilor Letellier—Move to table until the next quarter. President Johnson --We have a Motion to table our sub-committee reports until the next quarter moved by Councilor Letellier, seconded by Councilor Magovem. All those in favor say Ay? Any opposed? They're tabled. 30 Item 8. Elections None. Item 9. Public Hearin s None. Item 10. Old Business 1. TO-2012-11 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Joseph A. & Mary Ann Czerpak,636 South Westfield Street, Feeding Hills, MA. (Tabled 3/7/12) President Johnson — Through prior conversation with Councilor Rossi, several of the abatement items that will be coming tonight some they are still working on at the committee level, so we'll take them one at a time. This is an item that the sub-committee is ready to make a recommendation on so the Chair will entertain a Motion to take it off the table. Moved by Councilor Letellier, seconded by Councilor Rossi. All those in favor of taking it off the table say Ay? Any opposed? It's off the table. At this point, the Chair will entertain a Motion to approve TO-2012-12, is there a Motion? Moved by Councilor Calabrese, seconded by Councilor Rheault. At this point, Chair will refer to ' Councilor Rossi for the recommendation of the Administrative Sub-Committee. Councilor Rossi — Thank you Mr. President. The Administrative Sub-Committee did meet on this item as listed on the Agenda here to be known as Land Parcel ID#E4-1-1 and based on the information received by this committee, there was no approved recorded sub-division plan on the aforementioned land at the time of the original assessment. Subsequently, the assessment made was made correctly according to the land's zoning that was in place at the time of the original assessment. The Motion to Deny the application was made and seconded and carried a 5-0 vote. President Johnson — Questions or discussion? So the recommendation of the sub- committee is to deny the application for abatement. So if you're in favor of the sub- committee's recommendation you vote no. If you're in favor of granting the abatement application, you vote yes. Any other discussion or questions? Hearing none, I'd ask the Administrative — Councilor Rheault—Want to read it back, is it the other way around? President Johnson — Right the item is written as an Order granting the abatement so to deny it, you must vote no. Motions are made in the positive and then you act negatively and again the recommendation of the sub-committee is again to deny the abatement application. So if you're gonna go along with the sub-committee recommendation, the vote is no. If you want to grant the application for abatement, the vote is yes. I'd ask the Administrative Assistant to call the roll please. i 31 i S ROLL CALL—0 YES, 10 NO, 1 ABSTENTION (Councilor Cavallo) President Johnson — With a vote of zero yes, ten no and one abstention, we've denied the application for abatement. ' 2. TO-2012-12 - An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Ralph DePalma for the Property Located at Rear 683 Westfield Street,Feeding Hills,MA. (Tabled 3/19/12) (Referred to the Administrative Sub-Committee) President Johnson — The next two items are on the table and the Chair of the sub- committee asked that they remain on the table. I don't know that we need to — Move to keep these two items on the table by Councilor Rheault, seconded by Councilors Cichetti and Magovern. All those in favor say Ay? Opposed? They remain on the table. 3. TO-2012-13 -An Order Granting an Application for Abatement, Redetermination, Extension or Deferral of Sewer Betterment Assessment Requested by Giuseppe Tirone and Ralph DePalma for the Property Located at 497 South Westfield Street,Feeding Hills, MA. (Tabled 3/19/12) (Referred to the Administrative Sub-Committee) President Johnson — See #2 4. TO-2012-14 -An Order Granting an Application for Abatement Pp Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Joseph A. & Mary Ann Czerpak,for the Property Located at South Westfield Street,Feeding Hills, MA. (Tabled 3/19/12) (Referred to the Administrative Sub-Committee) President Johnson -- This matter is on the table. The Chair will entertain a Motion to take it off the table. Moved by Councilor Rossi, seconded by Councilor Letellier. All those in favor of taking it off the table say Ay? Opposed? It's off the table. The Chair will entertain a Motion to approve TO-2012-14. Moved by Councilor Letellier, seconded by Councilor Rheault. The Chair would again refer to Councilor Rossi? 1 Councilor Rossi -- Thank you Mr. President. The Administrative Sub-Committee did meet again and as previously stated in the other (-11) based on the information received by this committee, there was no approved recorded sub-division plan on the aforementioned land at the time of the original assessment. Subsequently, the assessment was made correctly and according to the land zoning that was in place at the time. The Motion to deny the application was made and carried with a 5-0 vote. President Johnson — Again, same as on the last item, if you in favor of the sub- committee recommendation, the vote is no. If you're in favor of the abatement application, the vote is yes. Any other questions? Is your light just on Don or do you have a question? 32 Councilor Rheault—Oh, sorry. ' President Johnson—I'd ask the Administrative Assistant to call the roll please? ROLL CALL—O YES, 10 NO, 1 ABSTENTION (Councilor Cavallo) President Johnson — With a vote of zero yes, ten no and one abstention, we've denied ' the application for abatement and redetermination. 5. TO-2012-15 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Luigi Chiarella for the Property Located at 371 South Westfield Street,Feeding Hills,MA. (Tabled 3/19/12) (Referred to the new Administrative Sub-Committee) President Johnson — The Chair will entertain a Motion to remove the item from the table. Moved by Councilor Rheault, seconded by Councilor Rossi. All those in favor of taking it off the table say Ay? Any opposed? It's off the table. The Chair will now entertain a Motion to approve TO-2012-15? Moved by Councilor Letellier, seconded by Councilor Cavallo. Councilor Rossi? Councilor Rossi — Thank you Mr. President. The sub-committee did meet to review the ' application of ID Parcel 4E6-2-1 and based on the information received by this committee, the original assessment were in fact made correctly in accordance with 175 of the Town of Agawam Code. The assessments made were the total maximum number of units that can be directly served with this Special Benefits Facility and there was evidence to show that there were two businesses operating on that parcel therefore according to Town Code, they should be served with two betterment assessments and that they were in fact were assessed correctly and there was a Motion made to deny the application. It was carried by a 4-0-1 abstention, Councilor Magovern abstained. President Johnson -- Again, as with the last two items, the recommendation of the Sub- Committee is to deny the application, so if you agree with the Sub-Committee recommendation, the vote is no. If you believe the abatement should be granted, the vote is yes. Questions or discussion? Seeing none, I'd ask the Administrative Assistant to call the roll please? ROLL CALL—0 YES, 10 YES, 1 ABSTENTION (Councilor Calabrese) President Johnson -- With a vote of zero yes, ten no, one abstention, you've denied the application for abatement, redetermination, extension or deferral. 6. TO-2012-16 -An Order Granting an Application for Abatement, Redetermination, Extension or Deferral of Sewer Betterment Assessment Requested by Thomas S. and Paul J.Napolitan for the Property Located at 33 South Westfield Street,Feeding Hills,MA. (Tabled 3/19/12) (Referred to the new Administrative Sub-Committee) President Johnson — The next three items TO-2012-16, TO-2012-17 and TO-2012-18 are requested to remain on the table. The Chair will entertain a Motion to leave those t items on the table. Moved by Councilor Rheault, seconded by Councilor Magovern. All those in favor of leaving the items on the table say Ay? Any opposed? They remain on the table. 7. TO-2012-17 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment ' Requested by Thomas S.and Paul J.Napolitan for the Property Located at South Westfield Street,Feeding Hills, MA. (Tabled 3/19/12) (Referred to the new Administrative Sub-Committee) President Johnson —See #6 S. TO-2012-18 -An Order Granting an Application for Abatement, ' Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by St. Anne's for the Property Located at South Westfield Street, Feeding Hills,MA. (Tabled 3/19/12) (Referred to the new Administrative Sub-Committee) President Johnson — See # 6 9. TO-2012-19 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment ' Requested by Paul G.,Karl J. and Linda Schmaelzle for the Property Located at 336 South Westfield Street,Feeding Hills,MA. (Tabled 3/19/12) (Referred to the new Administrative Sub-Committee) ' President Johnson — This item is on the table. The Chair will entertain a Motion to remove it from the table. Moved by Councilor Rheault, seconded by Councilor Letellier. ' All those in favor of taking it off the table say Ay? Any opposed? It's off the table. The Chair will now entertain a Motion to approve TO-2012-19? Moved by Councilor Rossi, seconded by Councilor Magovern. Again,the Chair will refer to Councilor Rossi. Councilor Rossi — Thank you Mr. President. The Agawam Administrative Sub- Committee met, acted on this and based on the information, the updated information I should say, received by this Committee, it was determined that the applicant now longer owns the property in question known as Parcel IME7-1-2. The property was taken by the Commonwealth of Massachusetts for the Rt. 57 project and it's now considered ' public land and will have to be assessed accordingly. The applicant requests that all liens be removed from the property and a letter be sent to the law office to determine whose responsibility it is to have all liens removed from the applicant's properties. The recommendation was made by the Sub-Committee to the Full Council to uphold the applicant's request. 34 President Johnson — So this, the Sub-Committee made the recommendation to grant the application for abatement, so if you're in agreement with the Sub-Committee's recommendation, the vote is yes. If you're opposed to granting the abatement application then the vote is no, Questions or discussion? Councilor Letellier? ' Councilor Letellier — Maybe this is a really basic question but why do they need to abatement a bill for property they don't own? They were charged for it but isn't it a matter of the town correcting the bill versus abating it since they don't own it? President Johnson —The difficulty is is that the abatements have already been published and recorded in the Registry of Deeds so theoretically from a legal standpoint, we as a ' Council as the body that made the original assessment, the only legal way that we have to undo the assessment is to abatement. I understand the chagrin because this was clearly a situation where the town's maps were not updated relative to the land that was taken for ' Rt. 57 going back many years ago and the Schmaelzle's were improperly assessed three potential buildable lots on property that they no longer own and haven't owned for years. ' Councilor Letellier — And this is my question then, are we then by abating, we're just abating it in the Schmaelzle's name but we can collect against the address, the property? ' President Johnson —Yes. Councilor Letellier—That's what I want to make sure. President Johnson — Yes, the property is owned by the Commonwealth of Massachusetts, we can assess against them but by statute it becomes an automatic ' deferral until they no longer own it. Councilor Letellier- Okay, thank you, sorry. ' President Johnson—I don't know that any of else will ever see but— Councilor Letellier—But I just wanted to double check, okay, thanks. President Johnson — Again, if you're in favor of the Sub-Committee recommendation, ' the vote is yes. If you're opposed, the vote is no. I would ask the Administrative Assistant to call the roll please? ' ROLL CALL— 11 YES, 0 NO ' President Johnson —By a vote of eleven yes and zero no, we've approved the abatement application. I will follow up with Ms. Placzek to make sure that the recording happens to release the betterment assessment regarding that particular property. They still do own ' some of the back land so that's why it affects them personally but they don't own any of the frontage which is all that's assessable under the sewer betterment. 35 ' Item 11. New Business 1. TR-2012-19 -A Resolution Confirming the Reappointment of Howard Safford,92 Juniper Ridge Drive,Feeding Hills,MA to the Agawam Liquor License Commission to a Term Expiring the First Monday in June 2016 ' (Mayor) President Johnson—That'll go off to our next Agenda. ' 2. TR-2012-20 -A Resolution Accepting an Easement for Storm Drains from Ralph E. Street(Mayor) President Johnson—That'll also go off to our next Agenda. ' 3. TOR-2012-1 - An Ordinance regarding Civil Service Status of Building Maintenance Association Members(Mayor) President Johnson — This was incorrectly given to us as an Ordinance Amendment. ' During our Agenda meeting with the Mayor this morning, we pointed this out and they re-wrote it as a Resolution and Council's pleasure as to whether I rule it off the Agenda ' or put it on as the substituted number. The Mayor said at this point given how long it's taken to deal with this issue, they're not in any great hurry. They'd like to resolve it but it's not of eminent—so— ' Councilor Rheault—Put it back properly. ' President Johnson — Right, I would rule it off the Agenda because it's not an Ordinance Amendment and we'll allow them to resubmit the Resolution that they gave us this afternoon. ' Item 12. Any other matter that may legally come before the City Council. ' President Johnson — Not remembering which side, I wanna go with Attorney, I mean, Councilor Letellier, also Attorney Letellier. ' Councilor Letellier -- Thank you. I just wish everyone a Happy Easter, Passover, or whatever you're celebrating. Enjoy the time with your family. Thank you. ' President Johnson —Councilor Rossi? Councilor Rossi— Yes, I would as well like to wish everyone a Happy Holidays. Also, I would like to have a letter sent if I may Barbara to the law department. There was a question that Mr. Schmaelzle raised concerning whose responsibility it would be to remove that lien seeing how it was inadvertently placed on his property. I could make ' my guesses but he asked for clarification so I would ask the law department to make the clarification, not only send this Council a copy but also send a copy to Mr. Schmaelzle. 36 ' President Johnson —To save the need, the Treasurer/Collector is the one that records the releases of the betterment assessments and I only know that because I'm a real estate attorney so Laurel can, I'll follow up with Laurel to make sure she processes the release. There's, if you look at the sewer betterment assessment in the Registry of Deeds, there's already several more releases for those who have paid that have already been recorded so ' Laurel can follow up and record the release which will release the balance of the property. ' Councilor Rossi—Okay, the question was is there a fee? President Johnson — There is a fee to record but the town will absorb the fees since the ' assessment was made incorrectly. Councilor Rossi—Okay. President Johnson—Councilor Mineo? Councilor Mineo — Yeah, I would also like to wish everybody a Happy Easter. We had a speaker here tonight for Relay for Life and my wife is on that committee and she has asked me if the City Council could put a team together for this. I know a lot of families ' have been touched by cancer. I know my family's been touched. I lost my father to bone cancer back in 1983 and we have another family member that has cancer and I hope we can put a team together. Thank you. President Johnson —Councilor Magovern? Councilor Magovern — I'd just like to wish everybody a Happy Easter. I hope it's a time to get together with family and again I want to thank CeCe for taking the leadership on Rosie Robotics and having these accommodations this evening. I think that we have a real gem in Rosie Robotics and I think that it's wonderful that they're going to go compete internationally and carry the banner for Agawam. That's all that I have. Thank ' you. President Johnson —Councilor Rheault? Councilor Rheault--I'd like to wish everybody a Happy Easter, members of the Council and all those in the audience. ' President Johnson—Councilor Perry? ' Councilor Perry—1, too, would just like to wish everyone a Happy Easter. Thank you. President Johnson —Councilor Cichetti? ' Councilor Cichetti--Just like to wish everyone a Happy Easter. Thank you. 37 ' President Johnson—Councilor Calabrese? ' Councilor Calabrese—Thank you. Have a blessed Passover, Happy Easter, and Joe, I'll be more than happy to be on your team for Relay for Life. Thank you. ' President Johnson—Councilor Bitzas? Councilor Bitzas — Yes, Happy Easter to all of you and the people who are watching us ' and Happy Spring! President Johnson —Councilor Cavallo? Councilor Cavallo — Happy Easter to everyone and I have one other comment to make. I did call the, well Barbara called the Superintendent's Office and requested prior to the ' School Budget Sub-Committee meeting on Thursday, I wanted a copy of the budget and I got it and it was placed in front I think of all of your, I think Bobby received one, all of you received one and I think this is being a little bit more proactive. I did not want to go ' before the School Committee and have nothing in my hand. Here we have an opportunity to review this, look it over, make some notes. The meeting is Thursday, it's here in the cafeteria at 6:00 and I think we've gotta make sure that we're gonna go through this thing with a fine toothed comb. We know there's some issues so please make sure you do read it. Document anything you have questions about. Now's the time to ask them. It's pretty complete and it's, I asked him to highlight and he did highlight so we'll have our ' work cut out for us but I think we'll do a good job. We've got a good committee and it's over fifty percent of the budget. Let's not forget about that. Thank you. ' President Johnson — As Barbara pointed out in an email today, Council Vice President and myself attended the Mass Councilors Association of Presidents and Vice Presidents. It was very informative. We have written materials if anyone is interested at the Council Office. Barbara can scan it and email it out to you but it was nice to go and talk with our fellow councilors. I want to just thank Dennis for going with me that evening and thank you all for a great round of work tonight. Happy Easter to everyone. The Chair will ' entertain a Motion to adjourn. Moved by Councilor Rheault and Councilor Rossi, seconded all around. All those in favor say Ay? Opposed? We are adjourned. Thank ' you. Adiournment. 38