CC MTG MINUTES SEPTEMBER 3 2013 a
REGULAR MEETING OF THE AGAWAM CITY COUNCIL
Minutes dated September 3, 2013
President Johnson—I'd call the meeting to order.
Item 1. Roll Call
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President Johnson—I'd ask Barbara to call the roll?
ROLL CALL —10 PRESENT, 1 ABSENT (Councilor Letellier)
i President Johnson — With ten present, one absent, we have a quorum. Councilor
Letellier should be along momentarily. (Councilor Letellier arrived at 7:08pm)
Item 2. Moment of Silence and the Pledge ofAllegiance.
! President Johnson — I'd ask everyone to rise for a moment of silence and the Pledge of
Allegiance please.
Item 3. Citi en's S eak Time
0 President Johnson — For those who haven't been here before, it's the opportunity for
those members of the general public to address the Council. As you approach, I'd ask
that you record your name and address for our records and given the number of people
who have signed up to speak, comments will be limited to four minutes this evening. So
the first person signed up for Citizen's Speak Time, Barbara Bard.
3 Barbara Bard — Hi. Barbara Bard, Agawam, MA. Good evening Councilors. I'm
speaking this evening in support of TR-2013-38 which is a Resolution supporting House
Bill 445 entitled "An Act Relative to Recognizing Cheerleading as a Sport". My
daughter Evan was an activist in her own small way to promote cheerleading as a sport.
This Bill is currently before the Joint Committee of Education and any support we can
3 give it locally would be most beneficial. There are approximately 29 states in the country
that recognize cheerleading as a sport. My husband Todd and I have also met with the
Mayor, the Superintendent and School Committee member Roberta Doering who are in
full support of this measure. Although Evan is no longer with us, it would mean the
world to her to see this law enacted. I ask for your support in passing this Resolution.
7 Thank you and have a good night.
President Johnson —Thank you. Next is Paula Provost?
Paula Provost — I think all of you know me. I'm Paula Provost, 355 Springfield Street
-0 and I would like to speak about TR-2013-43. I live nine houses west of Sarat Ford and
before the Big E went to 17 days, I had to call a police officer to let me out of my
driveway so that I could go to the doctor's. People would not let me out of the yard,
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there was so much traffic. I don't want any more traffic. It's nice now that there's 17
days and I'm afraid that having a casino is going to put me back into "Police Officer,
please get me out of my yard". Thank you.
President Johnson—Thank you. Next is Jeffrey Daigneau?
Jeffrey Daigneau — Good evening. My name is Jeffrey Daigneau. I live at 26 North
• Alhambra Circle in town and I also own Latitude Restaurant at 1338 Memorial Avenue in
West Springfield, directly across from Gate 4 at the Fair. This evening you may or may
not discuss the resolution about the casino and tonight I am throwing my hat in the ring
and telling everybody that I am in support of this casino. Why because it directly will
affect everybody in the Town of West Springfield and in a way, in the Town of Agawam.
If you look at what the benefits are from Springfield, you're looking at half a million
• dollars we're talking about, maybe, that they're gonna give to surrounding communities.
Hard Rock is pledging I think it was $3million every six years and then S2 %2 every single
year? That's a gift horse in the mouth if you ask me, I mean, there's so many different
things the town wants to do with money, the Red Barn project which was $413,000 that
you want to redo, there's money; textbooks for the town, you're talking about public
safety issues. If a Police Officer makes $75,000 a year, you could hire ten police officers,
things of that nature. The slowest day at the fair, I own the property, the slowest day at
the fair is 14,000 people, that's a rainy day, dreary day, 14,000 people will come. You
can check the Big E's website. I keep records every single year because every single
year my benefits,my restaurant grows, it gets bigger every single year because of the fair.
I actually benefit now. I've figured out a way to make money during the Fair which
nobody else can seem to do. So if you have 14,000, the biggest day the casino is talking
about it maybe 8,000 or 9,000 IF a Hard Rock Live show is sold out. That's a big
difference. You know everybody thinks about traffic, believe me, I'm concerned about
traffic because my normal customers don't come to the restaurant during the Fair, I'll
• admit that straight out. The biggest weekend, you'll get a million and a half people there
on a Saturday, that's what everybody I think is thinking about for the traffic. When all of
you and myself included went to this meeting back in February when Hard Rock was
announced, I was the biggest person concerned about this thing but by listening and
educating myself about everything that is going on, it makes a lot of sense. It really does.
1 mean there's a lot of revenue that's going to be coming in around here and you know
for everybody to just say no, no, no, it's the wrong thing, think about the benefits.
Everybody keeps talking about the Agawam bridge here and how terrible it is by sitting
on it, coming over here I was on the bouncy, bouncy bridge myself but they're talking
about putting money towards that, the Sullivan Bridge in town, they're talking about
redoing parts of that. Now, Hard Rock didn't ask me to come here tonight, my biggest
• concern was because what was mentioned in the Resolution was it's gonna impact
restaurants and entertainment. My restaurant is the closest restaurant to the casino and
the Town of Agawam. I was born and raised in this town. I left to go to college to CIA,
came back after graduation and decided to live here and make this my home; I decided to
open up a restaurant in West Springfield. I couldn't do it in Agawam because I couldn't
get a liquor license. I was able to secure one in West Springfield but I'm a town resident.
I will pay more in taxes this year than I made in my first six months in business so you
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know what, yeah, maybe a Hard Rock casino would be a benefit to everybody. Thank
you very much.
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President Johnson—Thank you. Next is Robert Kay?
Robert Kay-- Good evening members of the City Council and the public who are here.
I'm here to talk about the proposed rebate to condo owners for trash pickup and snow
• plowing. By the way, how many people are here from all the condos in Agawam, just
please raise your hand? That's a substantial number of the audience. Thank you. I
didn't call them personally; I didn't know who was going to be here. I'm not on the
committee that arranges that sort of thing but I'm very heartened to see this kind of
support and I hope that the Councilors note it as well. As you all know, for over twenty-
five years, a quarter of a century, condos have existed in Agawam and the condo owners
have to pay the same taxes as single-family property owners, there is no rebate or break
on plowing which is done privately, the town doesn't have to do that, so that saves the
town money and the town doesn't have to pay for trash pickup because that's also done
privately so the town doesn't have to pay for that either. That's a nice savings for the
town but that's not passed along to the condo owners so after over twenty-five years, I
• think it's about time since there's a resolution in front of you, that the City of Agawam
give the condo owners some recognition, respect and equity. Currently they generally
feel like third-class citizens. We pay taxes. We vote but we don't have the appropriate
response from the city government,particularly the Mayor, who has verbally and publicly
on many occasions come out against this resolution. There are a lot of people who live in
• condos in Agawam so there are a lot of voters. There are over 3,000 units in Agawam so
when it comes to election time, that's a lot of people who can be shall we say motivated
to vote their pocketbook in the event that we cannot get enough support from other
members of the City Council besides the few who support it right now. Those people
will also be noted as being against the condo owners, no one likes to be treated like a
• third-class citizens. That reminds me of the way certain minority groups were treated in
this country before they got the right to vote etcetera, etcetera. So we would urge you not
to continue this practice of leaving condo owners out in the cold so to speak and provide
some measure of equity around the tax issue basically providing a rebate to condo owners
for the value of trash pickup and the snow plowing.
Clerk—One minute please.
Robert Kay — Okay, so in closing, it is my understanding that the Town Council has
prepared some documents and has done some research on this issue and has come out
with a report that I think is in the hands of at least one if not several of the City Council
members and from what I understand although not having seen it, that document from the
attorney basically supports the city's position and doesn't give any credence to the
position of the condo owners. I think there needs to be some fairness and objectivity on
the part of the Law Department as well as all the folks sitting on the stage that this is not
simply a matter of some people trying to save a few bucks at the, to save their own
pocket book at the expense of the City of Agawam. I think it's important to recognize—
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Clerk—That's time.
• Robert Kay — recognize everyone's rights here, not just the city's. Thank you very
much.
President Johnson -- Thank you. Next is and I apologize, I don't know if it's Brian or
Bruce or Bryce Cone?
• Bruce Cone — Gentlemen, ladies. My name is Bruce Cone. I live at 170 Brookfield
Lane, Longbrook Estates. Thanks for the opportunity to be heard. I got up here before
and spoke and I plan on doing it every opportunity I get on this subject. Speaking about
righting a wrong that's gone on too long for service to condos, this is a matter of equality.
As long as we are taxed exactly like free standing homes, it's only right to make it right
• and to allow them the same services. Thank you.
President Johnson—Thank you. Next is Gary Sheley?
Gary Sheley — Good evening. My name is Gary Sheley and we are the owners of two
• parcels of property directly in front of this casino on Memorial Avenue. We've been
there for 59 years. We're very, very well aware of the entire area in detail. The land that
they're proposing building this on is a toxic waste dump and it's not your modern day
landfill. These kind of things that are within this one, they don't even allow any longer,
the type that glow in the dark and this is serious, real serious because you're talking now
• into the water, that as any of you that have been around for a while know, that was all
wetlands. The dike was up behind us on Memorial. They had to move the dike because
it was consistently flooded and that's explained in the 1936 map of it, your flood map,
it's very clear. In the, during the fair, cars park over there, if it rains they gotta tow them
out and these are facts. Now we took this same issue to the Department of
• Environmental Protection in 1999. Oh, they made us jump through the usual hoops, you
know, that's the way it goes, they had their experts, their environmental people, they had
their lawyers, in fact they had two different law firms, Robinson Donovan ended up
taking it from the Murray fellow out of Westfield and they challenge it and the
Department of Environmental Protection was at that point, pretty clear what was going on
and they found that there is a dump there so they issued a consent decree. I got a copy of
it, they have the original, signed by Mr. McCary and as you know it's an admissions I
hope, and consequently he had to do certain things but we were trying to prevent the
same thing but not to this extent. They were gonna dig into this toxic waste dump and I
said not possible here? And so it became a feud naturally and to go on a little further, I
want to get over that, you know what it is, you have to look into it, if you want the
• documents I have everything relating to it and then some. Now we go back, I've got an
1869 map, now this is gonna be interesting, I'm not gonna suggest anything but I'm
gonna say to you you might want to take a look at it because that Westfield/Agawam
river ran around the front side of that casino, fact. I have your historical department's
map over here. Consequently, there's maybe some other issues there but you'll have to
• look into them. There was more or less an island there but as you know when you have
two adjacent communities they own halfway to the middle of the river.
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Clerk—One minute please.
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Gary Sheley — Am I done? One minute? Quickly on the traffic, the traffic proposal is
absurd. You're gonna take a lane out of the middle of a state route, a standard design
state route by all the experts all over the state, they're gonna give that center lane
basically to Hard Rock and you can tell by the picture which is quite airbrushed and all of
that, it's got the left arrow into it, you're going nowhere but in their casino, now that's, I
don't know as we're giving away state roads here to casinos but it's inappropriate and
they're gonna narrow the roads to get this lane in. Now you have to understand you have
a company over here in Agawam — Progressive Trucking — maybe people know it. He
handles a lot of the CSX rail trailors, he does good, now he has to travel in and out of
there—
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Clerk—That's time.
Gary Sheley — They're gonna double the capacity any day now on that CSX rail as you
know they've raised the underpasses —
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President Johnson —Sir, I'd ask you to wrap your comments up?
Gary Sheley - it'll be twice as many. There's more if you want to hear it.
President Johnson—Thank you sir. Next is David Conley?
David Conley — Good evening councilors. My name is David Conley. My wife and I
currently live in Agawam. I was hired by Strathmore Paper Company as an Assistant
Superintendent of the Russell Mills in 1967. I've neither ill will nor any issues with
anybody in the area including people in West Springfield. I'm not here to advocate this
casino in Springfield or in Palmer. I'm not a member of the anti-casino group in West
Springfield. I'm here just to speak for myself on behalf of issues that I feel have not been
fully addressed regarding the proposed West Springfield casino. I have been following
the issue in the media and attended several public meetings promoting the casino. During
that time, I started accumulating a number of questions that I was sure that the people of
West Springfield or the media would ask the promoters. That did not happen and the list
that I have handed to you as councilors is my current list. Perhaps it is not too late to get
the answers, perhaps you know the answers. When I learned this past weekend that a
vote by the Agawam Council would be cast as to whether Agawam approves or
disapproves of a nearby casino, I decided to make the list available to Mr. Bitzas. He
invited me to present the concerns to you tonight. One matter that I did pursue was when
the promoters came to the Agawam Library on March 27th to present their case and after
the presentation 1 started a conversation with Mr. Gene Cassidy to say that I disagreed
with a comment in the media, his comment in the media where he implied that Mr.
Horace Moses would welcome a casino to the Eastern States Exposition. We had a
■ cordial talk and he said he found that my remarks were interesting. What I told him in
public was that when I was hired at Strathmore by Vice President Bemis Wood of West
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Springfield and Superintendent Charles Benoit of Agawam, they told me that I would be
the first salaried person hired into the manufacturing and mechanical departments that
would not be required to (1) live in the neighborhood of the mill and (2) attend the Big E
each year. I was told that such persons in the recent decades had been expected to attend
each year to be inspired by the new mechanical equipment on display. (the side light is
Strathmore manufactured with complicated mechanical devices some of the most unique
papers in the world). They also were encouraged to be inspired by the spirit and the
legacy of Mr. Horace Moses. I also told Mr. Cassidy that I worked during my initial
years with some old timers who had a variety of dealings and relationships with Mr.
Moses. I learned that Mr. Moses promoted a positive and constructive lifestyle.
Clerk—One minute please.
! David Conley — Nothing in the biography of Mr. Moses called "Achievement is My
Goal", suggest that a casino should be located at the Eastern States Exposition. The
subtitled of the book reads "The story of a great industrialist Horace A. Moses who
counted his success in terms of the opportunities he was able to provide for others." I
suggest that gambling should not be an opportunity to visitors at the fair. Thank you.
President Johnson—Thank you. Next is Brian Halla?
Brian Halla — Brian Halla. I live at 16 Castle Hill Road and I'm here with the Agawam
Condominiums for Trash Services. Council members, our resolution was to be on the
Agenda under New Business tonight. However, the Mayor's administration held the
proposed resolution for five weeks. Last Thursday a package was returned to this
Council that included a few appropriate changes, probably about half of this page and a
half here and a document dump, old, redundant, irrelevant arguments against our
resolution. That's only one example of what the Mayor will do to thwart condo residents
and our City Council. Apparently, he defames opponents to the media for not writing a
perfect resolution distinguishing condominiums from apartment complexes. In fact,
condominium complexes were referred to repeatedly in the resolution, apartment
complexes were never mentioned. I hope the Council will stand up for itself and its
members. I'd hope to speak to the matter of councilors' inclination to recuse when our
resolution comes up but breaking mayoral press statements extended my earlier remarks,
for now I'll just point out that condos are 13 '/a% of housing units in Agawam. We
probably represent a similar percentage of voter registration and a much greater
percentage of voter turnout. It's not proven that the condo population is defined under
Ethics Law as greater than ten percent though, let's work to find out one way or another
whether we are less or more than ten percent. I certainly feel that as a resident of a
• condominium that we are but that seems to be the question when it comes to ethics and
recusals, someone else will speak more on that further. Thank you.
President Johnson--Thank you. Next is Laurie Benoit?
Laurie Benoit — Good evening, Laurie Benoit from Corey Colonial. I have lived in
Agawam for the last eighteen years at Corey Colonial and I've had the opportunity to
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work with Councilor Mineo on the former condo committee when I was President of
Corey Colonial starting four years ago, I'm no longer the president. But at Corey
Colonial, we have 160 units and most of those units are occupied by more than one
registered voter. I find it disheartening that when the Mayor runs for election that he is
all in favor of supporting condos and condo issues as a former condo owner himself. But
since he has moved into a private single-family residence and has become mayor, he has
turned his back on the residents of Agawam who own property that happens to be on
condo complexes. And as previously mentioned, condominium owners still pay the
single resident tax rate but we do not get all the services afforded to those single
homeowners. We are not here to dispute the fact that by paying your property tax, we
support emergency services, we support roads, we support the schools, we support other
projects for the town. The only thing we're here for the resolution that was brought
before the Council, before the legal department, is for reimbursement for that portion of
the property tax that goes towards trash pickup because we have to pay for our own trash
pickup so we're paying our property tax in full and we're paying to have the trash
removed from our condo complex. I could go into more detail but Mr. Halla had already
spoken about a lot of the things that I wanted to say and I'm not gonna take any more of
your time but I just want to let you know how we feel. Thank you.
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President Johnson—Thank you. Next is Steve Svonkin?
Steve Svonkin — Good evening. My name is Steve Svonkin. I live at 420 Main Street,
part of the Northfield Condominiums and again part of the ACTS group. A number of
you have been pushed towards having to recuse due to the issue of how the mayor's been
putting it up, as we're looking into it, if the issue affects more than ten percent then you
don't have to recuse yourself and we're arguing that we're greater than that ten percent.
We wish you'd take the time to look into that and confirm before you make the decision
to recuse yourself on this issue. Everyone else has also spoken about the other feelings
• about how we do not use all of the services because of how we are and we're not looking
for everything. We're looking just for this trash. We're also not looking to blaze any
new paths here; we are not the first community looking to do this. As I mentioned the
last time I addressed this Council, there's over 35 other communities that have already
addressed this in a positive manner. So we're just looking to kind of do the same thing
. and be fair as other communities in Massachusetts have done. It was also within this
city's best interest when a recycling plant was put up and in conjunction with the other
communities for you to come in and collect our recycling, that has since stopped now that
the tonnage has been met. We wish that would have continued as well but we still want
just the fairness for figuring out what to do with the trash. Thank you for your time.
Please give some thoughts on this. Thank you.
President Johnson—Thank you. Next is Diane Arvantos?
Diane Arventos — Good evening. My name is Diane Arventos and I live at 84 Corey
Colonial. I'm just asking the Town Council to please support the trash resolution. It's
the only fair thing to do to do to all the people in Agawam. I'd appreciate you helping us.
Thank you.
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President Johnson—Thank you. Next is Rosalind Alford?
Rosalind Alford — Good evening. My name is Rosaline Alford. I live at 80 Dogwood
Lane in Agawam and I want to thank the City Council members for allowing me to
speak. It's funny, I was just thinking of how long I've lived in Agawam and actually
other than two moves to Florida and back, I've lived in Agawam for 48 years. I owned a
house on Simpson Circle, on Channel Drive and oh my God, there was one other one,
anyway, and have moved to a condo twice and I'm amazed that my taxes on my home
with large pieces of property and a pool were the same amount as I'm paying now for a
garden apartment on the second floor, three rooms really, it's two bedrooms, two
bathrooms and one large room in the middle which is your living room/kitchen/dining
area but it's really just three rooms and I understand that the Town of Agawam does
benefit by our recycle pickup which they're happy to pick up because you get paid so
much per town, so the town does make money on our recycle. I don't understand why
we can't have.the trash pickup. I know that something was said at the last meeting that
because of the way that the buildings are attached or something that you weren't allowed
to pick up trash, it doesn't make sense to me if you can pick up the recycle. So just
please treat us fairly and realize that we're paying, I don't know what everyone pays, it
depends on if they have a garden or a townhouse, but it's well over$2000 a year which is
the same as, I was looking online recently, actually looking into a house again, but I don't
want to take care of a yard, I can't do it any longer at 70 and shovel driveways, so we're
paying our condo fee, we're paying our taxes as much as people are paying who have
homes. It's just not fair and please look into it and please think of all of us. Thank you
for your time.
President Johnson—Thank you. That concludes Citizen's Speak Time.
Item 4. Minutes
1. Regular Council Meeting—August 5,2013
President Johnson — Is there a Motion? Moved by Councilor Cichetti, seconded by
Councilor Magovern. Questions or discussion on the Regular Meeting Minutes of
• August 5`h? Seeing none, all those in favor say Ay? Any opposed? Please note
Councilor Cavallo and Councilor Mineo's abstention, otherwise voice unanimous.
Item 5. Declaration from Council President
• None.
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Item 6. Presentation of Petitions,Memorials & Remonstrances
1. TR-2013-30 -A Resolution entering into a Memorandum of
Understanding for Emergency Transportation (Mayor) (Referred to
Community Relations Committee) (Tabled 815113)
President Johnson —The item currently sits on the table, while there's no discussion on
tabled items, I will tell the Council that we're awaiting information from the PVTA and
r we expect to have it by our next meeting. So with that I would suggest that, the Chair
would entertain a Motion to leave the item on the table. Moved by Councilor Rheault,
seconded by Councilor Magovern. All in favor of leaving the item on the table say Ay?
Any opposed? The item remains on the table.
2. TR-2013-38 -A Resolution supporting House Bill 445 entitled"An Act
relative to Recognizing Cheerleading as a Sport" (City Council)
President Johnson — Is there a Motion? Moved by Councilors Cavallo and Bitzas,
seconded by Councilors Rheault and Letellier. Questions or discussion on TR-2013-38?
Councilor Bitzas then Councilor Cavallo, then Councilor Rheault.
Councilor Bitzas — Thank you Mr. President. It's a great resolution and I hope and I
know the Full Council will support it. This support, with our support, we are honoring
one of our own's daughter, Barbara, Evan, she would be happy with us what we're doing
for her. I think cheerleader, it is an athlete, cheerleader is an athlete also and deserves to
be recognized and I hope and every other town and city in the whole country would
support that and adopt it. Thank you.
President Johnson—Councilor Cavallo?
Councilor Cavallo — Yeah, having worked at the High School for many, many years in
my capacity as Guidance Director and also in administration, I can remember many,
many afternoons with these girls practicing, having to practice out in the hallway because
other sports took precedence and they couldn't get into the gym. My niece was a
cheerleader many, many years ago at the High School, they certainly are worthy of this
recognition. They work real hard. They spend hours and hours preparing for their show
at halftime. There's no doubt about it. This is long overdue. They're deserving of it and
I do hope that this does pass. Thank you.
President Johnson—Councilor Rheault, then Councilor Rossi.
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Councilor Rheault — I believe that the Council will fully support this and it's the very
least we can do in memory of Evan who had a strong, very strong passion for
cheerleading.
President Johnson —Councilor Rossi?
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Councilor Rossi — Thank you. I think if not supporting it for Evan's purpose isn't
enough, I'm very close to cheerleading, my granddaughter is a cheerleader, she's a
junior, now a senior in high school and I can tell you how busy she is and how much she
trains, in high school she is known as one of the flyers, so she's on the top and does the
flying, so and even during the summer months, she had to go after work, she had to go
every day at 4:00 for the competitions to start back in September and October of this year
so to say cheerleading is every bit of a sport is no exaggeration in my opinion and I think
the recognition from the state is most deserving.
President Johnson —Councilor Magovern?
Councilor Magovern — I'd just like to see a unanimous passage of this as Councilor
Rossi just stated, the hours that go in to practice, practice, practice to make perfect and I
think we've had a cheerleader squad over the years that we could be proud of so I'm
supporting this measure. Thank you.
President Johnson—Councilor Perry?
Councilor Perry — Yes, I too agree that we should fully support this for Evan but also
the sport itself and I call it a sport because it is. Cheerleading has evolved into a sport. I
think back in the days when I was in high school and that was many years ago, the
cheerleaders were on the side of the football game and in the gym on the basketball
game, not taking nothing away from them, Barbara was a cheerleader back then with my
wife AnnMarie, they were on the same squad, I think it's totally changed since those
days. There's routines, there's competitions, it's just amazing what they go through and
it's definitely a sport, there's no question about it and I fully support it. Thank you.
President Johnson — Any further discussion? If not, I'd ask Barbara to call the roll
please?
ROLL CALL— 11 YES, 0 NO
President Johnson—With a vote of eleven yes, we've passed TR-2013-38.
3. TR-2013-39 - A Resolution accepting a Grant from the Commonwealth of
Massachusetts Emergency Management Agency pursuant to Massachusetts
General Laws, Chapter 44,Section 53A to Agawam Emergency
Management(Mayor)
President Johnson — Is there a Motion? Moved made by Councilor Rheault, seconded
by Councilors Mineo and Magovern. Questions or discussion on TR-2013-39? For the
public's information, it's a grant in the amount of$6,030.00 to purchase portable radios,
batteries and chargers. Seeing none, all those in favor of TR-2013-39 say Ay? Any
opposed? It's unanimous.
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4. TR-2013-40 -A Resolution authorizing the borrowing and appropriation
in the amount of$6,340,000 for the North Westfield Street Water Main
Improvement Project(Mayor)(Referred to Administrative Committee)
President Johnson -- Is there a Motion? Moved by Councilor Rheault, seconded by
Councilor Rossi. The item was referred to the Admin Sub-Committee, Councilor Rossi?
Councilor Rossi—Yes, thank you, Mr. President. The Admin Committee met on August
S 26`h at 6:30pm at the library and present were myself as Chair, Councilors Magovern,
Rheault and Mineo who are committee members and attendees were Councilors Cichetti
and Cavallo. Also in attendance was Todd Brown, Tighe & Bond, Chris Golba, DPW
Superintendent, Katherine Peterson, Executive Director of Springfield Water & Sewer
and Robert Stoops, Chief Engineer of Springfield Water & Sewer. The project summary
and pretty much if I can just bring it down a little bit. Back on the November 26, 2012,
there was a break in the main line; a 54-inch line was compromised up in the area of Northwest
and North Westfield Street. That has since been repaired but subsequent to those repairs the
entire pipeline which feeds, I might add, approximately 80% of Agawam's water supply. The
engineers went down and they did a survey and an evaluation and found that that whole pipeline,
31,000 feet of it, had to be replaced. That replacement is gonna take approximately two years and
during the construction portion of that, it would take, Agawam's water would be significantly
affected by loss of water pressure and probably even worse should further complications occur
during the construction period. So the thought process was simple, was for Agawam to repair it's
portion of the line going from North Westfield Street down to North Street where the line, and
once that line was in place, it would be a 24 inch pipe line, once that line was in place Agawam's
' water would remain constant during the construction period of Springfield's mainline 54 inch
pipe line so after a lengthy round table discussion with the members and all the attendees, it was
determined that it would be in the best interest of our committee to submit a positive
recommendation to the Full Council to eliminate the possibility of having any sacrifices or
reduction and loss of our power and water flow by not doing this project as well as future
maintenance of the system would be significantly impacted. We would have less maintenance
' because the pipeline that's in there now was put in in 1928 so you could imagine the quality of
the materials that were put in in 1928 isn't quite the same as the qualities of materials that are
being used today so the only other note that I wanted to make here was it was determined that the
bonding obligation would come from the water retained earnings of our water retention, our
reserve programs, that would bring down the initial debt of the bonding and the remaining debt
would be paid by an increase in water rates. As of the committee meeting, there was no actual
figures of what that rate would be in order to offset the cost of the project but I would imagine it
would be coming along shortly so if the committee, if the Council, needs that information before
they can make a determination on that, I will certainly make sure that they have the information
for the next meeting, however I believe in the end, at the end of the day, it would be in the best
interests of Agawam to support this measure and the total cost is going to be $6,300,000 for the
entire project.
President Johnson—Thank you Councilor Rossi. Councilor Perry?
Councilor Perry -- Yes, if I could, through the Chair to Bobby, is there a time frame in
regards to when they want to start this project? I mean could we delay it until our next
meeting as far as the vote to try and get what the water rate increase would be?
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Councilor Rossi — Well, they wanted to get this done as quickly as they can and
Springfield does not want to do the actual construction on their portion of that 54 inch
pipe until Agawam's 24 inch pipeline is in place because they don't want to, because this
pipeline is so important to 80% of the water users in Agawam, they don't want any kind
of compromises in the water so what they want to do is they want to get this project
underway as quickly as they can, whether or not another week and a half or two weeks
would matter I don't think that that would be a big deal, but I think at the end of the day,
Councilor Perry, I think we're gonna have to wind up doing it regardless of what the rate
is, I don't think that we have a real choice here to be perfectly honest with you, at least
that's the way I see it.
President Johnson —Councilor Magovern?
Councilor Magovern — The project really is a lot larger than what Councilor Rossi is
mentioning in that our portion for Agawam which is going to be the safeguard so that we
can keep our water, and keep our water pressure, six million dollars but the main pipe
that the water department of Springfield is putting in is another ten million dollars on top
of what we're spending so that we're spending six but the Springfield Water Department
has to spend ten so that there"s quite a bit of engineering that's going into this and they do
want to have this completed as rapidly as possible which is why they were kind of
pressuring us to get a decision done as quickly as we can but there's nothing that we
really can do. The piping is amazing that it's lasted this long but when that splits, you're
talking about a geyser of water going tens of feet, thirty feet, up in the air as was
experienced with the breaking they had last fall and there's really no telling how much
longer that pipe line will stay intact but it's a tremendous project.
President Johnson—Councilor Rheault and then Councilor Mineo.
Councilor Rheault — Between Councilor Rossi and Councilor Magovern, they answered
basically the questions I was about to raise but there's no question that the town would
suffer without water if there's a rupture in that line so the need is there and that's why the
Council committee recommended 4-0 and Councilor Perry, that very question was posed
at the meeting —when would they start—and the answer was immediately.
President Johnson —Councilor Mineo?
Councilor Mineo — Yeah, 1 just wanted to say it's an expensive project but it's just
something that has to be done. I mean when we were at the meeting the other night, I
don't know if everybody received the pictures that we received with the crack in that
y pipe, I mean we've got pictures of what that geyser was like with that crack, right Bobby?
I mean the thing, the things thirty feet in the air, I mean hey, no one wants to spend six
million dollars but when you've got, when you want to protect or save our infrastructure
here, I mean you've got a pipe from 1928. If my math is right, that's 85 years old and if
you saw the picture and you saw the crack, it's just something that needs to be done.
President Johnson—Councilor Cavallo?
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Councilor Cavallo — Yeah, I was present at the meeting and I just want to commend the
committee, you did an excellent job and I agree with your findings and I certainly will
support that this evening but I just want a side to this — I was very impressed with the
presentations that were made by our Superintendent Golba and also the fellow from
Springfield. If you're a layman and you don't know a lot about this, they when they
talked they actually painted a picture. I was really impressed and I've been to a lot of
meetings but I thought that, they can get complicated but I was really tuned right into
both individuals and they were excellent and I could see even the committee was
absorbing and realized hey, these people are telling us the real problem and we've gotta
act right away. So I commend the committee and I will support this this evening.
S President Johnson—Any other discussion? Stepping from the Chair, my concern is that
we're again buying the pig in the poke. I don't dispute the need to do the project but they
could have prepared the rate information. It's not difficult. Why they haven't to this
date, I don't know. Beyond that, as most of you are aware, the town has had since the
late 1990's a project request in with Mass Highway to reconstruct North Westfield Street
from the intersection of Southwick Street and Springfield Street to the Westfield city line
and this particular project covers a great portion of that section of North Westfield Street
so the question I have is are we gonna rip it all up, put the water line in, repave it all only
to have the state come forward and finally approve that Route 187 reconstruction project
and rip it all back out again and do the road widening and adding the sidewalks that are
part of that project. So those are the two specific questions that I would have relative to
again, not disputing the need to replace the water line, but again buying the pig in the
poke, we have no rate information whatsoever as to what this is going to do to potential
water rates, not even information relative to what portion of the $6.3 million is gonna
come from Retained Earnings versus be borrowed. Our Resolution says and gives them
full authority to borrow the full $6.3 million. So if you want to vote tonight, I won't be
voting in favor of it. I want that information before I feel comfortable putting it on the
rate payers of Agawam and again, this was put on our Agenda over a month ago. Your
meeting was a few weeks ago, they could have prepared the rate information and
provided it. Stepping back into the Chair, further discussion? Councilor Bitzas?
Councilor Bitzas — Do you have any information about the project for the North
Westfield Street, what stage now the percentage to complete the state to get the money? I
think it's pretty close to a year maybe, or less than a year for the construction?
President Johnson — I don't know the current update on it but I know that it started to
move again and like I said, my concern was a big portion of the cost of this particular
y project is going to be digging up North Westfield Street and then resurfacing it. If the
state's gonna approve the Route 187 construction project shortly thereafter, we're
duplicating a lot of expense.
Councilor Bitzas — Thank you. It's common sense. If you do once, let's do the right
thing and let's see if we can go write a letter to the State Representative or somebody in
the Highway Department and see what we stand and see if we can do both at same time.
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I don't know if it's too late or can we do that but I want to see the project done but I don't
want to see spend taxpayers' money twice. Thank you.
President Johnson --Councilor Rossi?
Councilor Rossi — Again, the information wasn't available. I was hoping that it would
be available and like I said, I think at the end of the day, we're gonna wind up doing this
project but if you want to wait and defer until we get the information, I don't think it's
gonna be crucial. Another couple weeks isn't gonna matter. I know that they want to
start the project as soon as they can. They were hoping to get it done, at least started in
this construction period and go as far as they can through the winter months before they
stop but it's certainly reasonable if those questions, the answers to those questions if the
Council feels comfortable, I'll be more than happy to go along with a tabling Motion.
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President Johnson—Councilor Perry?
Councilor Perry —Thank you Mr. President. Again, through the Chair to Bobby, it's, to
me I would feel much better if I knew what the division of the costs were gonna be, know
what the tax rate was gonna cover, the increase what it's going to be. We've got other
projects we want to talk about to realize the impact that this project may have on those
projects, I think and again that's the main reason I asked if there was a dire need to get
this going ASAP or is two weeks gonna impact the project itself? If we can wait the two
weeks, have them get that information to us, it would make our decision on this and the
future ones that we're gonna be discussing in the workshop easier. That's just my
recommendation to the Council. Thank you.
President Johnson —Councilor Letellier,then Councilor Magovern.
Councilor Letellier- Yes, thank you. I think regardless of what the rate, what the impact
on the water rate's gonna be, we're gonna have to approve the project but I do agree with
Councilor President Johnson that the way the Resolution is worded gives the town the
right to borrow the whole $6 million and if we're gonna use an amount from Reserved
Earnings, then the Resolution should say a cap on how much the borrowing can be based
on how much is gonna be used from Reserved Earnings. I know the construction season
and the time is getting, were getting further into the fall but I think we have to look at
our Capital Improvement Program and our borrowing and if we can limit our borrowing,
I think that that's really in everyone's best interest when it's only hopefully gonna be a
two week delay because the information should be readily available. All we need is a
print out from Cheryl saying what's in the Reserved Earnings Account, how much, what
percent of that Reserve Account are they gonna use and so I would recommend that we
do table it for the two weeks but I wanted everybody to kind of speak first.
President Johnson—Councilor Magovern?
Councilor Magovern —I feel that two weeks can make a difference only in the fact that
they want to get this started right away. They've got the people ready but if we wait for
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two weeks that it's not a two week wait, it pushes it off for substantial period of time
because we could miss the window of getting any construction started whatsoever. I
don't like voting for anything that I don't know what it's gonna cost us but I think in
talking with Chris Golba at the meeting, that he was fairly clear in what the costs were
gonna be although he wasn't exactly, it's gotta be done regardless whatever way we go,
we've gotta replace those pipes and I wouldn't like to see a pipe burst because we had to
wait an entire construction season to get this project started so I am for moving it tonight
even though I can see that it's probably gonna be tabled, I would rather see it moved this
evening. Thank you.
President Johnson —Councilor Perry?
' Councilor Perry — Just again, I understand your concerns Bob in regards to, and it's
mine too, but I know a project of this magnitude I mean unfortunately I wasn't able to
attend the meeting, I was on vacation Bobby because I'm a member of the committee,
were the design plans for this whole project already completed and ready to go?
Councilor Rossi— Yes, they were and just let me make one side note here to this whole
thing. The Council can do whatever they want and I'll defer to whatever pleasure they
have, waiting I suppose is up to the City Council but my understanding of this project in
talking with the Springfield Sewer and Water people, they're not gonna do anything until
Agawam has this 24" pipe in place. They just don't want to take the chance that the
Agawam citizens would be compromised in this water flow and pressure, so there not
gonna do anything. What they said to us was at the committee and my committee
members will attest to this is that pipe is 85 years old. It's been compromised once. That
has been repaired; subsequent inspections say with the history of leaks, it probably will
fail again. So with what they said is they can't do the construction, they don't feel
comfortable doing the construction until Agawam has this pipe in place. So if it's not in
place, they're not gonna do the construction and should something happen in the
meantime it could be catastrophic. So whatever the Council wants to do it's okay with
me, you have that kind of information—that's the information that you have.
President Johnson—Councilor Cavallo?
Councilor Cavallo — Yeah, to Councilor Rossi, at the meeting didn't I think Mr. Golba
or the other gentleman say that it could be more catastrophic than it happened, when it
blew, right? Remember? They said that it could have actually cost us a lot more money
to repair, wasn't that brought out at the meeting?
Councilor Rossi—Well it did. They repaired it in a relatively short period of time.
Councilor Cavallo—Right.
Councilor Rossi—But in, during, while doing that, they repaired and they found out with
the history of the pipe, that it most likely will happen again and it needs to be replaced
and in order to expedite their portion of it, that 31,000 pipe is gonna go in the same trench
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alongside so that's the way they're gonna do this to eliminate some of the permitting cost
and problems that would arise from that. So that's what they're gonna do. I don't know
any other way to word this thing, they just, they don't feel comfortable with their portion
of the construction until Agawam's is in place. As I said earlier and for the sake of being
redundant, 80% of the people in Agawam will be affected should something happen to
that pipe.
Councilor Cavallo - Yeah, my concern is that it happened once and as they said, it's 85
years old, it can happen again. That's my concern so how long do you put it off as
Councilor Magovern said, you're gonna be getting into the construction season
terminating pretty soon, the weather factors and so forth play a role every day when
you're digging, frost lines and so forth, I mean if the Council does decide that they want
to put it off for two weeks, fine, but as Councilor Magovern also pointed out, how long
after that will it take us to get the ball rolling? That's my concern because I just hate to
hear about it erupting again,that's the concern, it's gotta be done.
Councilor Rossi — It is and I'm assuming that their ducks are in a row. We just didn't
have that information here and I don't think it's unreasonable to have that information,
we just didn't have it available for it at the committee time and that's unfortunate and
maybe I share some of the responsibility in that without being forceful before the
committee meeting here tonight but to be perfectly honest with you I think the committee
felt at that time that whatever concerns, whatever issues collateral issues that were
involved here could be worked out so we didn't see it as much of an issue but apparently
it is so whatever the Council wants to do and again if the Council wants to take another
two weeks to digest this and try to get the information, that's okay with me but at least
you have the information available to make the decision as to whether or not you want to
table it or whether or not you want to go forward with the project.
President Johnson--Councilor Magovern?
Councilor Magovern — I'd just like to add that I wish we had the photos to show you
here this evening. We had in our packet and I wish that they had been given to the entire
Council because the Water Department did tell us that, pass that one around, I don't
know if everyone's seen it.
President Johnson—It came in everyone's packet.
Councilor Magovern — If it had not been in the location where that break happened, it
would have been catastrophic. I think that, he said it could have been catastrophic if that
had happened in a more populated area where there was not a spot for the water to run off
to because the amount of water that was lost in that burst was just unbelievable but they
were able to get to the valve, shut the water down and do their repairs fairly quickly and
as I said, you may think one meeting's not gonna be that traumatic but it really does cut
into the construction phase and they're waiting tomorrow morning to have an okay and if
the Agawam okay's it,then they can get the ball rolling and I think that two weeks during
the fall time can make a major difference in the construction. Thank you.
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President Johnson —Just stepping from the Chair, it's incredible the urgency that's been
created when this water main break happened ten months ago so obviously it wasn't such
high priority to get it to us even nine months ago, it took them ten months to get it here
because the water main, and Agawam it wasn't Agawam's water main, it was
Springfield's Water & Sewer water main that broke, not ours, okay, and it happened ten
months ago. Second, the final design plans aren't done because there's been no
appropriation approved by this Council to do them. All that's prepared at this point are
the schematics. So even if we were to approve this tonight, chances are nothing's gonna
happen for months on it because Tighe & Bond will then have to prepare the final design
plans to bid package and then go out to bid. Again, I reiterate my position and it's
common sense 101 — if you're gonna present a six million dollar which is probably the
largest water project in the last 30 or 40 years in Agawam, then you should present us
with what portion's gonna get paid out of the Water Reserve and what portion's gonna be
borrowed and you should give us rate analysis so that we can tell the residents and
business owners in Agawam what their water rate's gonna go up as a result of the project.
Whether we have to do it or we don't, that's common sense information, then again, this
has been on our Agenda for a month now, and it hasn't been provided. Councilor
Rheault?
Councilor Rheault — Yes, just to answer one of your questions. The bids have been
submitted and in fact they were within $24,000 of each other, the two lowest bidders and
they're prepared to issue it to the lowest bidder immediately — and that was a little over
$5million.
Councilor Perry --I was just gonna make a Motion to table.
President Johnson — I have a Motion to table. Is there a second? Made by Councilor
Perry, seconded by Councilor Letellier. If you're in favor of tabling the item, vote yes.
If you're opposed, vote no. I'll ask Barbara to call the roll?
ROLL CALL — 6 YES (Councilors Bitzas, Calabrese, Cichetti, Johnson, Letellier
and Perry), 5 NO (Councilors Cavallo, Magovern, Mineo,Rheault and Rossi)
President Johnson—With a vote of six yes, five no, you've tabled TR-2013-40.
5. TR-2013-41 -A Resolution accepting a Grant from the Commonwealth of
Massachusetts to Massachusetts General Laws Chapter 44, Section 53A to
the Agawam Police Department (Mayor)
President Johnson — Is there a Motion? Moved by Councilor Letellier, seconded by
Councilor Cichetti. For the public's information, it is to receive a grant in the amount of
$70,999.00 for communication equipment and an air conditioning unit. Questions or
discussion on TR-2013-41? Seeing none, all those in favor say Ay? Opposed? It's
unanimous.
Item 7. Re ort of Council Committees
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None.
Item 8. Elections
None.
Item 9. Public Hearings
1. PH-2013-12 (TOR-2013-7) -An Ordinance to Amend Chapter 180 of the
Code of the Town of Agawam Temporary Moratorium on Medical
Marijuana Treatment Centers(Mayor) (1/2 readings)(Referred to
Legislative Committee)
President Johnson — Council's pleasure but I think we'll get the Public Hearing out of
the way and then we'll make a Motion, get a Motion and a second and get the Legislative
Committee's report. With that, the Chair will open the Public Hearing and ask anyone
wishing to speak in favor of TOR-2013-7 to approach? Seeing none, anyone wishing to
. be recorded in name only in favor of TOR-2013-7? Seeing none, anyone wishing to
speak in opposition to TOR-2013-7? Seeing none, anyone wishing to be recorded in
name only in opposition to TOR-2013-7? Seeing none, the Chair declares the Public
Hearing closed. The Chair will now entertain a Motion on TOR-2013-7? Moved by
Councilor Letellier, seconded by Councilor Cichetti. The item was referred to the
Legislative Committee, Councilor Cichetti?
Councilor Cichetti — Thank you Mr. President. We met on this issue on August 27,
2013 at 7:00. Those present were myself, Councilor Letellier, Councilor Cavallo,
Councilor Bitzas, absent was Councilor Rossi. Also in attendance was Councilor Mineo.
We called the meeting to order at 7:02. We had a little discussion regarding this item.
Councilor Letellier thought it was a good idea to look into creating a similar overlay
district as was done by the Council when they did the adult entertainment overlay and she
was going to speak to Debbie Dachos on that item. The Motion was made by Councilor
Letellier and seconded by Councilors Bitzas and Cavallo to send a positive
recommendation to the Full Council and the vote was 4 to 0 in favor with one absent.
Thank you.
President Johnson —Questions or discussion on TOR-2013-7? Before us this evening is
the first reading, eight votes are required. If you're in favor, vote yes. If you're opposed
vote no. I'd ask Barbara to call the roll please?
ROLL CALL— 11 YES, 0 NO
President Johnson — With a vote of eleven yes, you've approved the first reading. The
second reading will go on to our next Agenda.
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Item 10. Old Business
1. TO-2013-21 -Voucher for Massachusetts Municipal Association Annual
Dues in the amount of$4,972.00 (City Council)
President Johnson —I realize everyone has signed the voucher list but to close the loop,
the Chair would entertain the Motion to approve. Moved by Councilor Rheault,
seconded by Councilor Magovern. All those in favor say Ay? Any opposed? It's
unanimous.
Item]]. New Business
1. TO-2013-22 -Budgetary Transfer from Line Items Reserve Fund (16605-
57300)to Clerk Regular Temp (11611-51020) for$5,000 due to a Special
Senatorial Election on October 8,2013 and November 5,2013 (Mayor)
President Johnson —That'll go on to our next Agenda.
2. TR-2013-42 -A Resolution authorizing the posting of the warrant for the
Local and Special Senatorial Election on October 8,2013 and Local and
Special Senatorial Election on November 5,2013.
President Johnson—That'll also go on to our next Agenda.
3. TR-2013-43 -A Resolution Opposing the Proposed Destination Casino to
be located at the Big E fairgrounds in West Springfield,MA (Councilor
Bitzas)
President Johnson — That item will be referred to our Community Relations Sub-
Committee, next Agenda.
4. TO-2013-23 -Order granting an expanded Class 2 Dealer's License to V
&F Auto,Inc. at 7 Harding Street, Agawam,MA (Clerk) -
President Johnson — That would be referred to the Admin's Sub-Committee, next
Agenda.
Item 12. Any other matter that may legally come before the City Council.
President Johnson — Forgetting since it's been so long, we'll start with Councilor
Letellier this evening.
Councilor Letellier— Thank you, Mr. President. I apologize for my tardiness. Big day
in our house today — first day of preschool, immediately followed by first day of soccer,
immediately followed by a Council meeting but I'm glad I didn't miss any votes. I want
to wish all the children and the teachers out there a successful and happy school year.
Thank you.
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President Johnson —Councilor Rossi?
Councilor Rossi —Yes,just a little bit of housekeeping. Barbara, would you schedule a
meeting for the Admin Committee at your earliest convenience at the library? I'd
appreciate it.
President Johnson—Councilor Mineo?
Councilor Minco —Nothing tonight.
President Johnson—Councilor Magovern?
Councilor Magovern — Again, I'd like to wish all the students a good year, all the
teachers a good year, the administrators a good year and the parents a good year. School
starts and I think it should be a great time and again to emphasize a little bit on that
question you were bringing up about the location of the Hard Rock Cafd — I've got some
old maps of Agawam in my historical files that show that entire location of the Hard
Rock Cafe is within the boundaries of Agawam. So I think it'd be very interesting to find
S because the river changed course but the original line for the boundary between Agawam
and West Springfield ran right through the center of the river which happened to be a
horseshoe that encompasses that entire piece of property and if you look at the proposals
that Hard Rock is putting forth, it shows it's surrounded by water. Well that water is the
Agawam River, the center of that water is Agawam so I think they owe us the $20million
S in taxes they're gonna pay West Springfield. So,just a little aside, but that's all I've got
for this evening. Thank you.
President Johnson —Thank you. Councilor Rheault?
Councilor Rheault —Quickly, I think that you ought to draft a letter to the powers-to-be
to get some immediate answers regarding that water problem.
President Johnson —Will do. Councilor Perry?
Councilor Perry —Nothing this evening. Thank you.
President Johnson —Councilor Cichetti?
Councilor Cichetti—Nothing this evening. Thank you.
President Johnson—Councilor Calabrese?
Councilor Calabrese — Barb, if we could get some dates for that Community Relations
Sub-Committee meeting, that'd be great. Thank you.
President Johnson—Councilor Bitzas?
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Councilor Bitzas — Yes, I'd like three things to report to you. The Track Advisory
Committee, we just finished and we sent the Mayor, of course, a couple months ago, our
recommendations to have a new track built in the High School. It is embarrassing for our
town to have this track, this is absolutely so bad, but very important thing is tomorrow the
CPA going to have a meeting, 6:30 at the library, I urge you and the people who are
watching us to go there and ask to appropriate $20,000 for the Master Plan. If that goes
through as soon as possible it will then come to us and then hopefully we approve it, then
we start the project and go to bid. So this very good news. The other thing is September
I I'h celebrations, memorial celebration will be September I I1h, a small event, not a big
ceremony, 9:30am front to the Fire Station. The other thing is the Rotary Club, I told
some of you Councilors to come for the dinner, it's we have a Glow Ball Golf
Tournament in Tekoa which benefits the Rotary Club and it's $45 to play and have a
dinner also. Very, very low price and if you like for the dinner only and I think some of
you are coming so $15 and that supports the Rotary and with that, happy school year.
Today I went to the Junior High with all the teachers there for the opening and I think we
have good teachers and we have a good school system and I wish them all the students
the best luck. Thank you.
S President Johnson—Councilor Cavallo?
Councilor Cavallo —I have nothing this evening.
President Johnson — Certainly on behalf of the Council, we wish all those who are
starting their school year success and as a parent of school-aged children, they people
who wrote up the Staples commercial a few years ago certainly were accurate when they
said it's the most wonderful time of the year. With that, the Chair would entertain a
Motion to adjourn. We have a Motion and a second. All in favor of adjournment say
Ay? Any opposed? We are adjourned. Thank you.
Adoournment 8:09pm
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