TR-2010-41 CPA FOR IRRIGATION SYSTEM FOR MEMORIAL FIELD � 1
- ?tQ-L( ( Cal
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Town of Agawam
Law Department
Vincemi". 00";6a,c1tvs0fic-IlOr
-Pro-
November 9. 2010
COL1116101- Robert Rossi
44 Coleman Street
Feeding Hills, MA 01030
Deal-COUnCilor Rossi,
In a previous memorandum, dated June 29. 2010. 1 addressed tile decision in
Sehlenum 1% 01),qfNeivion, u recent case which stated that tile City ol'Nicxvton could not
utilize CPA funds to-enoage in activities gich as "reorganizing existing park I'acilities,
611-01[Plll[:-� the, pia)"JOUnd structures,togetlier� building a new tennis COUrt-X011SU'LICU110
I Z.- Z11 Z7
bleachers. installing additional lighting, interpretative si-nm,c and picnic tables and
preserving the ball fields." Seide'rnan.-452 Mass, 472. 475 (2008). "'I'lie court held (hat
Newton"s anticipated useof-the�'CP'A�funds was for tile creation of'new. recreational uses
oHand already devoted.to s'u6lipurposc�, and since that recreational land had not been
-'A Finds, this use wa� prohibited. 141. at 478� Under this rationale, I
purchased with Ci -L
advised the Council against using CPA Funds to purchase ,in irrig'atioll systeili,
Shortiv after drafting this memorandum, CPA Community Chairman Kozioski
tbrivarded additional int'orniation to tile. 'rhe first of these dOC1.1111CIIAS is t letter fi-0111
Stu�iriSai,iiior, [L-xectitiveDiree,torOf'�IhCCO]IIJIlLinityl)i-eserx,atioiiCt)�,ilitioti. Inthat
letter, Mr. Saginor details a letter previously supplied by the Massachusetts Department
o1'RcVCllLlC that detai Is al lowable�uses of CVA f1inds to preserve recreat ion land,
irrespective of�thal [and,having been purchased with CPA funds. These USeS al-C Vel-\'
narrow, bUk include the projects which provide "drainage, irrigation, or erosion Control"
as tile 6
se systems protect [lie iand-fi- fii "in'jOry.-harni or destruction" bUt ClOWt nlCILKIL:
maintenance. Director Saginor states that wilile installing such a system would be On
Ll
allowable LISC. USC 01�111C I' ]Ids to P,')) 1Ol' thC Cost 01'aCtUalk' 1-1.11111inUl tile hTl�uaiwn
I
sysWin would not be. as that would be maintenance ol'the recreational land, not
preservation. The Department of'Revcnue has not rendered this interpretation invalid at
present.
Another dOCU111CF11 SUbmitted to this Ofl-ICC Was �1 10tel- 111-0111 tile N+ISS�ICIWSCUS
Department of'Revenue written by Chief'David Murphy which states (hat CIIA funds
mav be used to -make particular improvements oil reereatioffill PrOI)COV ONVnCd by the
town bel'ore tile zidoption oi'the CPA...for the limited purpose ol'protectin- the properl�
fi-0111 ill Lll-V� harin. or destruction." More speciiie�dly, ChlcI'ML11-pIlV SIUWS tile Cl'1\
Funds may be Used to purchase itellIS SUCh as a sprinkler system to protect 1'ronl I'll-C
darilave Or a root'replacenlent to shield �1 SUIMUI-C I'l-0111 CIC111CIlL11 d,1111MIC. IiOSed Up011
36 NI.tin S(�ruci, Ag-a\vmi, j'\]A 01001 Tel: (41,3) 786-0400 cm, 281 (4 13) 786-90217
the interpretation ol'the law provided by tile Department of'Revell=, tile SO1iCiLOr"S
0-'-ce aorecd that the building ofan irrigation systerti would be permitted mider the
CPA. Upon review ofthese documents, I revised my previous opinion to reflect tills 110N,
ilifiorillation,
Recently, there has been discussion about utilizing CPA funds, to rehabilitate tile
Agawam High School Track. This would most likely not be an allowable use o1'CPA
I'Linds because it is not an action taken to"prescrve" the land—the track is alr(:ady '111 It
state ol'disrepair aiid is going to need to be compictely restored. In short, tile -ii jul'N�.
harm or destruction" to tile Agawam 1-lighTrack has aiready occurred, mid it necds,
rchabilliation. not pi-cservation. It would also fall under the same rafionale as illustrated
in ,S'eidemam as the track is an already existing use llot purchased with CPA funds. The
complete restoration ol'a high school track bears strong similarities to the pro.1ccis iilit
the city of'Newton wanted to engage in.
We recognize that theseare rule distincti(iiis that often drive mam, cases to the
mar-ins. But Ws these distinciio'ns that are precisely�,%,hy tile Current Slate lelliSlaitll-C i,-;
aticnipting to amend the�stdtutc. Until suchan amendment passes. there will cominue to)
be difficult cases.
I hope that this clarifies my position in this mattei% II'Lliere are any t1l)-ther
quest oils,
I please contact me.
e4j) ctfill Y.�
VillCellL 1"'. GiOSCia
City Solicitor
36 Mairt Strcet, Agawam, NIA 0 100 1 Tel: (413) 786-0400 281 Fav (4 1)) 786-9927
Agawam Law Deparunclit
TR-2010-41
A RESOLUTION AUTHORIZING THE COMMUNITY PRESERVATION commoTTEE TO SPEND$7,000.00 FOR
THE PURCHASE OF AN IRRIGATION SYSTEM TO PRESERVE MEMORIAL FIELDS AS PROVIDED FOR UNDER
THE PRESERVATION OF OPEN SPACE SECTION OF THE COMMUNITY PRESERVATION ACT
(Sponsored By: Councilor George Bitzas)
WHEREAS, the voters of Agawam chose to form a Community Preservation Committee; and
WHEREAS, of the Committee's Functions, as provided by the Community Preservation Act, is related to
the acquisition, preservation of open spaces;and
WHEREAS, the Committee has recommended that $7,000-00 should be expended for the preservation
of open space at Memorial Fields; and
WHEREAS, the expenditure will preserve, and protect these valuable Town assets; and C)
WHEREAS, the Agawam Department of Public Works will install will cover the cost of installapmn. '�t*F
— 2EC")
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-0
NOW THEREFORE, the AGAWAM CITY COUNCIL hereby resolves, appropriates and aut6lom��he
N1
expenditure of Community Preservation Funds in the amount of Seven Thousand and 00
,�,100 dcMrs
($7,000.00) from the Fiscal 2011 undesignated fund balbnce for the purchase of an irrigation-0systertchfor
preservation of Memorial Fields in accordance with Massachusetts General Law 44B,Section 2.
Dated this jkd\ay of 2010
PER ORDER OF THE AGWAM CITY COUNCIL
OAjo C, C&h-L
Donald(M'Rheauit, President —4
CAPPROVED AS TO FOR AND LEGALITY
Vincent F. Gioscla,City Solicitor
MAYORAL ACTION
Received this dayof 2010 from Council Clerk.
Signed by Council President this dayof 2010.
APPROVAL OF LEGISLATIO
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this IP"k�dayof
2010.
'z
Rich-qrd A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended,I hereby veto the passage of the above legislation on this day of
2010 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this d ay of
2010.
INTEROFFICE MEMORANDUM
TO: CITY COUNCIL
FROM: COUNCILOR GEORGE BITZAS
SUBJECT: TR-2010-41
DATE: 10/7/2010
In order to clarify which CPA fund account should be used for the purchase of
an irrigation system to preserve Memorial Field (T R-2010-41), I made a minor
change to the resolution. Therefore, the attached revised resolution w1lich has
been approved and signed by the Solicitor now reads:
NO W1 THEREFORE, the AGA WIAM CITY CO UNCIL hereby resolves, appro nate nd a thon e
, P sa Y z S
the expenditure of Communto Preservation Fmndr in The amomnl of Seven Tbomsand and 00/100 Dollars
($7,000.00)fmm the Fiscal 2011 undeii
.gnatedfund balance for The pmrrhase of an ir7igafion gstem for the
preservation ofMemonal Field in accordance with Massacbusefts General Law 44B, Section 2.
If you have any questions, please do not hesitate to contact me.
cc: Mayor, Solicitor, Chris Sparks, Henry Kozloski, CPA
TR-2010-41
A RESOLUTION AUTHORIZING THE COMMUNITY PRESERVATION COMMETTEE TO SPEND$7,000,00 FOR
THE PURCHASE OF AN IRRIGATION SYSTEM TO PRESERVE MEMORIAL FIELDS AS PROVIDED FOR UNDER
THE PRESERVATION OF OPEN SPACE SECTION OF THE COMMUNITY PRESERVATION ACT
(Sponsored By:George Bitzas)
WHEREAS,the voters of Agawam chose to form a Community Preservation Committee;and
WHEREAS, of the Committee's Functions, as provided by the Community Preservation Act, is related to
the acquisition, preservation of open spaces; and
WHEREAS, the Committee has recommended that $7,000.00 should be expended for the preservation
of open space at Memorial Fields; and
WHEREAS,the expenditure will preserve,and protect these valuable Town assets; and
WHEREAS,the Agawam Department of Public Works will install will cover the cost of installation.
NOW THEREFORE, the AGAWAM CITY COUNCIL hereby resolves, appropriates and authorizes the
expenditure of Community Preservation Funds in the amount of Seven Thousand and 00/100 dollars
($7,000.00) from the Fiscal 2011 undesignated fund balance for for the purchase of an irrigation system
for preservation of Memorial Fields in accordance with Massachusetts General Law 44B, Section 2.
PER ORDER OF THE AGWAM CITY COUNCIL
Donald M. Rheault,?resident
APP D AS TO F AND LEGALITY
Ifncent F.Giosci"I a,City Solicitor
TR-2010-41
A RESOLUTION AUTHORIZING THE COMMUNITY PRESERVATION COMMITTEE TO SPEND$7,000.00 FOR
THE PURCHASE OF AN IRRIGATION SYSTEM TO PRESERVE MEMORIAL FIELDS AS PROVIDED FOR UNDER
THE PRESERVATION OF OPEN SPACE SECTION OF THE COMMUNITY PRESERVATION ACT
(Sponsored By: George Bitzas)
WHEREAS, the voters of Agawam chose to form a Community Preservation Committee; and
WHEREAS, of the Committee's Functions, as provided by the Community Preservation Act, is related to
the acquisition, preservation of open spaces; and
WHEREAS, the Committee has recommended that $7,000.00 should be expended for the preservation
of open space at Memorial Fields; and
WHEREAS, the expenditure will preserve, and protect these valuable Town assets; and
WHEREAS, the Agawam Department of Public Works will install will cover the cost of installation.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the Community Preservation
Committee is authorized to expend up to $7,000.00 for the purchase of an irrigation system for
Memorial Fields in accordance with Massachusetts General Law 448,Section 2.
PER ORDER OF THE AGWAM CITY COUNCIL
Donald M. Rheault, President CZ1
APP VED AST ORM AND LEGALITY
NJ
�7ince4 F. Gioscia, City Solicitor
TR-2010-'A
A RESOLUTION AUTHORIZING THE COMMUNITY PRESERVATION COMMETTEE TO SPEND$7,000.00 FOR
THE PURCHASE OF AN IRRIGATION SYSTEM TO PRESERVE MEMORIAL FIELDS AS PROVIDED FOR UNDER
THE PRESERVATION OF OPEN SPACE SECTION OF THE COMMUNITY PRESERVATION ACT
(Sponsored By :
WHEREAS,the voters of Agawam chose to form a Community Preservation Committee; and
WHEREAS, of the Committee's Functions, as provided by the Community Preservation Act, is related to
the acquisition, preservation of open spaces; and
WHEREAS, the Committee has recommended that $7,000.00 should be expended for the preservation
of open space at Memorial Fields; and
WHEREAS, the expenditure will preserve, and protect these valuable Town assets; and
WHEREAS,the Agawam Department of Public Works will install will cover the cost of installation.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the Community Preservation
Committee is authorized to expend up to $7,000.00 for the purchase of an irrigation system for
Memorial Fields in accordance with Massachusetts General Law 44B,Section 2.
PER ORDER OF THE AGWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORMAN D LEGALITY
Vincent F. Gioscia,City Solicitor
.COUNCIL CLERK OFFILL
I AGAWAM.MA-,
A �2010 SEP 2 1 A Z� 3
N
Town of' Agawam
Interoffice Memorandum
Datm September 24,2010
To: Town Solicitor
Cc: Barbara Bard,Cheryl St John
Fmrm Jennifer Bonfiglio
RF-- CPA Application
Enclosed is an application from the Michael Piccin for the Memorial Field irTigabon project.
This application was recently approved by the Community Preservation Committee and will
be recommended to the City Council for approval. Based upon the bids received and a 20%
contingency, the CPA committee has recommended a $7,000 appropriation which will be
funded through the CPA Undesignated fund.
A resolution YAII be needed so that this may be included in the packages being sent 9/29/10
and placed on the next Council agenda for 10/4110.
Please let me know if you have any questions or need any additional information
Thanks You,Jennifer
COMMUNITY PRESERVATION
PROJECT APPLICATION COVER SHEET
I'ect I 1-ni
nfo AtIon
Project Title: Memorial Field Irrigation
Project Summary:
To purchase material needed for an irrigation system at Memorial Fields to preserve the fields used by youth
football and baseball. Due to lack of irrigation the fields dry out making it very dusty, unhealthy and difficult to
use. DPW will cover cost of installation.
Estimated start date: Fall 2010 Estimated completion date: Fall 2010
CPA Program Area(cheick all that apply):
—Open Space —— Historic Preservation
—Community Housing X Recreation
`11.� A H nt/Developer tn&r tion
PP lea Ma
Contact Person and or/primary applicant: Michael Piccin, Deputy Superintendant
Organiwation (if anplic.able.)- Town of Agawam DPW
MailingAddress: 1000 Suffield Street Agawam, MA01001
Daytime phone 4: 821-0600 Fax#:
E-mail address:
Project Manager: Michael Piccin
Budgd Summary
Total budget for project: $6500-$8000
CPA funding request: $10,000
CPA request as percentage of total budget: 100%
Applicant's Signature: At dtA
Date Submitted.-
COMMUNITY PRESERVATION
ITEMIZATION OF FUNDS REQUESTED
Town of Agawam Page I of 3
2010 Community Preservation Plan
Cost
Item —per unit of units ITotal Cost- Comments
See attached
,.Contingency $ $ 2000.00
-ofessional Fees jDesign, Architectural, L gal, Permits Fees)
Cost 4
Item per unit of units Total Cost Comments
$
S S
te Work (Clearing Excavation, Infrastructure& Landsca2ing)
r
Icost III I - I
I tem per unit of units ITotal Cost Comments
instruction SMaterials, Labor)
$
Town of Agawam Page 2 of 3
2010 Community Preservation Plan
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The project contributes to the preservation of and recreation. It preserves, utilizes, protect.,
Thereand enhances town-owned*assets, This proposal will save resources that would otherwise be threatened. Othe-
funding sources are' not readily available. This project is economically or otherwise reasonably feasible to implemen,
and can be implemented expeditiously and within budget.
This project serves multiple needs and populations, Many individuals visit and use the field at Phelps School lot
Little League baseball and Youth football. The practice field is the only area at Memorial field without Irrigation.
therefore the grass is difficult to preserve and the field is very dry and dusty. This also poses a problem for children
playing on the field with breathing disorders,
—_- '--_ _ongoing -_--------' --- _r---z --q-----
-
Project Budget: see attachment
Quotes;are not needed, as this vendor imonthe stateTown of Agawam Page 3 of 3
20 10 Community Preservation Plan
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A r-drl
town of Agawam
DEPARTMENT OF PUBLIC WORKS
1000 Suffield Street
Agawam, Massachusetts 01001
Tel. 413-821-0600 Fax 413-821-0631 '
Scope of Work- To install an irrigation system at'the Phelps Field at Phelps
Elementary School on Main Street in Agawam, MA.
Parts list, cost and field layout below.
Contact: Michael Piccin, DPW Deputy Superintendent
Quantity Part P r i ce E-ac h Ttvi-A
28 2001 Stainless Heads (Toro)
1 9 Zone Controller (Clock)
7 P220 Valves 1 1/2"
7 10" Round Valve Boxes
500 �eet 1 1�/2" PVC Pipe Mainline
600 Feet 14-1 Wire (Common)
. 600 Feet 18'-TWire (Zones)
200 Feet 1 1/2" Poly Pipe
800 Feet 1-1 1/4" Poly Pipe
600 Feet I" Poly Pipe
Asst. Fittings for PVC Pipe
Asst. Fittings for Poly Pipe
TOTAL
lof
Telephone:(4131789-0336 Fax:(413) 736-0848
Landscaping Hydroseeding
Lawn Sprinklers Patios and Walks
PROPOSAL
ASCIO .6
ompany �
262 Meadow St. Agawam, MA 0 100 1
0*
Submitted t Mike 'ccin Date: August 25, 2010
Address: Submitted by: Tom Cascio
Notes:
LIST FOR PARTS AT NEW PHELPS SCHOOL SOCCER FIELD
QTY PART ' PRICE EA. j TOTAL'
28 2001 heads (stainless steel) 76.23 2134.44
1 9 zone controller 250,00 250-00
7 P220 valves 1 Y; 135M 945.00
7 10" round valve boxes 15�63 109�41
!)U0 Feet of 1 Yz PVC pipe mainhile M5 475M
600 Feet of 14-1 wire (common) 0.30 i80.00
600 Feet of 18-7 wir6 (zones) 0.90 54()�O()
200 Feet 1 % poly pipe 1.10 220M
800 Feet 1 X poly pipe 0.75 600.00
600 Feet I" poly 038 228.00
Asst. rittings for PVC pipe. MOO"
Asst. Poly fittings,for-zones 175 00
. SUBTOTAL S886.85
20% DISCOUNT ON PARTS -1177,37
, SUBTOTAL F4709.48
Labor and equipment to instafl 1000m
ITOTAL
-313/22/2010 13:50 14135926005 FIYDRO/PRO IRRIGATION PAGE 02
Hy&o-Pro Inigafion, Inc. Estimate
16 Robbins Road DATE ESTIMATE NO.
Chicopee, MA 01020 — —1
9/2212010 29
NAMEIADDRESS
Town of Agawwn
tOOO Suffield Strczt
Agawwn,MAO 100 1
PROJECT
DESCRIPTION QTY COST TOTAL
INS�TLATION OF INGROUND SPRrNKLEk SYSTEM AT 11,9X00 t 1,93&00
THE PHELPS FIELD AT PHELPS ELEMFNTAPY SC1900L ON
MAIN STREET 1�AGAWAM,ivb�,
nno
TOTAL
Aqua-Matic Lawn Sprinkler& Irrigation, Inc.
320 Granby Road
Chicopee,MA 0 10 13
413-592-5011
Town of Aumvam
1000 SLIN'101d St
A,in wa m N1 n 0 100 1
tMichael PICC111 DPW Deptity S�Iperlritelldel.it
1--stiiji�i(e to install irrigation to Phelps Field—
ack F.
Aqua-!Matic will install sprinkler system per pians
2 war warrantv on parts and labor
%Vi ii.tei Ize system first yeat
ToLal cosi of materials mid labor 10250.00
I ael Sweeney
-567-3458
4!'�-5�2-5033
7unrmatircrjverizon.net
Page I of I
barbara bard
From: Nicole Thiffault(nikkifrank@comcast.net]
Sent: Friday, October 15, 2010 11:19 AM
To: barbara bard
Subject: Benjamin Phelps School
Dear Council Members,
My name is Nicole Vargas. I am a resident in the Town of Agawam and a registered voter. My daughter,
Kaitlin Winters, attends Benajamin Phelps School and is in the 2nd grade. I am writing regarding your
vote on the installation of the sprinkler system for the school fields. I understand that this project will be
funded by the CPA and is ready to go pending your approvaL
I would like to express what a benefit this would be for the students at Phelps and the residents of
Agawam should you approve this project. The children use the fields for PE, recess, baseball games and
other school events, such as the 4th Grade Picnic and Field Day, In addition to the beautiful playscape,
the installation of the sprinklers would enhance what we already have and make attending the events and
the use of the fields that much more pleasant and enjoyable.
We would really appreciate your vote(s) in support of this project! The residents and children would take
pride in their school grounds and we would be honored.
Thank you for your time,
Nicole Vargas
eta
##W 34
131.40 '031113"?,YIN n 0 1-
10/15/2010
Page I of I
barbara bard
From: stacyiaz@oDmcast.net
Sent: Monday, October 18, 2010 7.02 AM
To: Cheryl StJohn; barbara bard, Mayor Richard Cohen; Linda Mercadante; Rebecca Budreau
Subject: Vote tonight
City Council Members,
I am writing regarding your vote on the instilation of the sprinkler system for Phelps School
Fields (Memorial Field). As I understand this will be funded by the CPA and is ready to go,
pending your approval.
Approving this project would be such a benefit for the Students of Phelps and the residents
of Agawam.
The kids use the fields for PE, recess and other school events such as the 4th Grade picnic
and Field Day. I can't tell you how many baseball games are played on those fields every
year, or the visitors to Phelps because of our beautiful play scape.
Thank you for voting in support of this project.
Stacy Wieners
Plielps PTO President
Parent
Registered Voter Town qfAgaivain
786-5039
10/18/2010
1: Pr(kiect Information
11- Applicant/Developer Information
111- M................
III: Budget Summary
Cost
Item
_perunit pfunits 'TotalCost Comments
See attached
Contingency__ IS2000.00
ifessional Fees (Design, Architectural, L gal,Permits, Fees)
Eltem Cost #
-per un t of units Total Cost Comments
$
$ J
:e Work (Clearing Excavation, Infrastructure& Land caping)
Cost #
Item per unit of units Total Cost Comments
$ S
S
)nstruction (Materials, Labor)
Total $
Town of Agawam Page 2 of 3
2010 Community Preservation Plan
. .
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The project contributes to the preservation of Agawam's open space and recreation, It preserves, utilizes, protects
and enhances town-owned assets. This proposal will save resources that would otherwise be threatened. Other
funding sources are not readily available. This project is economically or otherwise reasonably feasible to implement
and can be implemented expeditiously and within budget.
~
This project serves multiple needs and populations. Many individuals visit and use the field at Phelps School for
Little �
therefore the grass is diffitcult to preserve and the field is very dry and dusty.` This also poses a problemfor children
pla '
r_g ---- ---with breathing disorders. ~ |
There is no ongoing maintenance and upkeep required. ' x
Pro
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____-
' / e
Quotes are not_needed,_ this_ vendor_ o_ statethe_--_ —_-___~ ~ .
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Town of Agawam
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- Page 3 of 3
2010 Community Preservation Plan
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FA Town of Agawam
V,� U-1
DEPARTMENT OF PUBLIC WORKS
%tot 1000 Suffield Street
Agawam, Massachusetts 01001
Tel. 413-821-0600.'* Fax 413-821-0631
Scope of Work- To install an irrigation system afthe Phelps field at Phelps
Elementary School on Maih Street in Agawam, MA.
Parts list, cost and field layout below.
Contact: Michael Piccin, DPW Deputy Superintendent
Quantity Part Price Each Total
28, 2001 Stainless Heads �(Toro)
1 9 Zone Controller (Clock)
7 P220 Valves 1 1/2"
7 10" Round Valve Boxes
500 Feet 1 1/2" PVC Pipe Mainline'
600 Feet 14-1 Wire (Common)
600 Feet 18-7,Wire (Zones)
200 Feet 1 1/2" Poly Pipe
800 Feet 1 1/4" Poly Pipe
600 Feet 1" Poly Pipe
Asst. Fittings for PVC Pipe
Asst. Fittings for Poly Pipe
TOTAL
7�1
Telephone:(4131789-0336 Fax:(413) 786-0848
Landscaping Hydroseeding
Lawn Sprinklers Patios and Walks
PROPOSAL
4f
AlAiL
ASCIO
ompany
262 Meadow St. Agawam, MA 0 100 1
8ubmitted to: Mike Piccin Date., August 26, 2010 1
Address: Submitted by: T)m Casdo
Notes,
LIST FOR PARTS'AT NEW PHELPS SCHOOL SOCCER FIELD,
QTY PART ' PRICE EA. TOTAL
28 2001 heads (stainless steel) 76.23 2134.44
1 9 zone controlle' r 250.00 250.00
7 P220 valves 1 Y2 135-00 945M
7 10" round valve boxes 15.63 109.41
Soo Feet of 1 Y2 PVC pipe mainline 0.95 475.00
600 Feet of 14-1 wire (common) 0.30 180M
600 Feet of 18-7 wire(zones) 0.90 540M
200 Feet 1 Y, poly pipe 1.10 220.00
800 Feet I Y4 poly pipe 0.75 600-00
600 Feet I" poly 038 22&00
Asst. Fittings for PVC pipe 30-00
Asst, Poly fittings for.zones 175,00
SUBTOTAL 5886.85
20 % DISCOUNT ON PARTS -117737
SUBTOTAL VM48
Labor and equipment to install 1000.00
$5709.48
�9/22/2010 13:50 14135926005 HYDRO/PRO IRRIGATION PAGE 02
Hydro-Pro Irrigation, Inc. Estimate
16 Robbim Road DATE ESTIMATE 140�
Chicopee,MA 0 1020 i
9/22f2010 29
NAMEIADDRESS
Town of Agawam
1000 Suffield Strod
Agawam,)AA 0 100 1
PROJECT
DESCRIPTION QTy COST TOTAL
INSTALLATION OF INGROUND SPRTNY�LER SYSTEM AT 1),936-00 1 t,936�00
T14E PHELPS FIELD AT PHELPS ELEMENTARY SCHOOL ON
MAIN STREET IN AC3AWAM,MA.
nno
TOTAL $11,936-00
Aqua-Matic Lawn Sprinkler& Irrigation, Inc
320 Granby Road
Chicopee,MA 0�0 13
413-592-5011
Town of Agawarri
1000 SUffield St
A,.,1awam Ma 0 100 1
Michael Picein.DPW DCPLtty Stiperinteriderit
Estintate to install irrigation to Phelps Field
-I A --pplv,wn -m- and 0 1 aw
,;j, j r-tga wap lko, sou, Fl.,
A(ILM-MatiC Will install sprinkler system per plarts
2 year warranty on parts and labor
Winterize systern first year
Total cost ofmaterialsand labor 10250.00
Id
Michael Sweeney
413-567-3458
413-5 9 2-5 03 3
juamacic@ver�zon.ner
Phelps Field Irrigation System
Material and Cost Proposal
I rnet with Torn Cascio of Cascio Company. This company has installed a
number of irrigation syst'ems for the Town of Agawam. Tom and went over
the proposed project and came up with the following three plans.
I Department of Public Works Installs System
$6500 cost for materials
2. Cascio Company working with the Department of Public Works
$7500 for assistance and materials
3. Ca'scio Company fully installing system
$8000
I must tell the Commission that the Department of Public Works normally
installs irrigation systems in the fall when most of the construction season is
over. lf'you would like the system installed for August, I would recommend
plan #3.
Materials
350 feet of 1 1/2 inch main line pipe
1,120 feet of,zone piping
8 valvesand boxes
28 sprinkler heads
1,000 feet of electrical wire
I clock timer
Town of Agawain
11, Jo
Department of Public Works
1000 Suffield'Street
Agawam, Massachusetts 01001-1837
413-821-0600
May 26, 20 10
To the Conservaiion Commission:
I recently had an opportunity to speak with Flenry-Kozloski regarding a concem I have-every season
with the fields behind Phelps School. rhese practice fields are used by,the youth baseball league as,
well as the youth football program beginning the first week of August. Unfortunately, due to the
C7 C
lack of watering,the fields are all burnt and brown bythe second week of AuOust, Playing oil 'such a
surface is very dusty and unhealthy for players.
I am writing to inquire if the Commission is able to use CPA funding to purchase the material,,,
needed to install all irrigation system in this area. The cost of materials would-run between $7000
and $9000,.with the Department of Public Works'covering the cost ofinstallation.
Your consideration of this project would be much appreciated.-
Michael Piccin
Deputy Superintendent, DPW
Hiahway and Grounds
COMMUNITY PRESERVATION
ELIGIMLITY DETERMINATION FORM
-he purpose of this forni is to make sure that all pro ect applications applyin" for COMM Lill-I ly Preservation Act
'i Z�
uiding are eligible for funding. Please refer to Appendix-B in the Community Preservation Plan when lflilliqc'-
is-form. This form 1111.1st be approved in order.for ,in application to be accepted.
m.ject Title., Meni-lorial Field Irrigation
rqje�t Sponsor/0' rt-ganization! Town of Agawam DPW
mit,
act Name: Michael Picein
Lailino Address: 1000 Suffield Street A,,awam. MA 01001
)a' Phone 821-0600
-Mail address�.
'PA Program Area �chec'k those that apply).
Open Space Historic Preservation
Community Housing X Recreation
r0.jeC( Purpose (check those that apply).
—'AcqUiSlli011 —Creation X Preservatioll
Support — Reliibilit,,ttloii/Restoratiori
11,0J ect Summary: Please,prov ide a brief description offlie proj.ect,
0 j)LlrClla-1;e 111,11Crial needed for an irrigation system at Memorial Fields to preserve the fields used by ybuth bootball
nd baseball. Due to lack of irrivation ihe fields dry out making it very dusty. unhealthy and difficult to use. DPW
vif] cover cost ofiristallation.
or CPC Use Eliaible: Not Eliuible: Date: Reviewer:
Town of Agawam
Interoffice Memorandum'
DaW. June 15,2010
To., Vinoent CDsda:Town Solicitor
From Jennifer Bonfiglio,
RE. CPA Application
The Community Preservabon Committee is in receipt o�three new Eligibility Determination
`� fo
Forms/Applications, Can you please review these to determined the projects are eligible r
CPA funds under the Act?
1. Sportsman Club property purchase (Open SpacetRecreation)
2. Memorial Field Irrigation(Recreation)
3. Town of Agawam Clerks Office Records Preservation(Historic Preservation)
Please let me know if you have any questions or need any additional information.
Thanks You,Jennifer
rint
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Date: 6/23/10
Parcel 10: L10 5 1 0 S02 1005 Meters
Owner:TOWN OF AGAWAM Parcel Map I.- --
Parcel Address: 689 MAIN ST Scale: 1"=502' (1:6030)
http://hosting,tighebond.com/agawam/print.aspx?maptype--I&image=http�/�3a�/�2fl"`/�2fprojects.tighebond,.,. 6/23/22010
:T10fflci,,d Properly Rccorc,] Card
Unofficial Property Record Card - Agawam, MA
General Property Data
Parcel ID, LIG 5 1 Account Number
PrOv Parcel 10 EXEMPT
Ir TOWN OF AGAWAM Propetty Locabori 689 Mukw ST
F314ELPS SCHOOL Propertk�Use IVUNH,,,PL
MMIung Address 36 RIAM ST Most frecefASMe Date 31'21M,997
Legal Reference 9%til)l 32
City A,(-,;AWAM' Grantor LEONARD CHARLES
ma,,kjjpg Sjjetg� MA Zip Sate,Price 0
Parce$Zoning RIA41 I-and,Ares 18,200 awes
Current Propefty Assessment
Mrs Fou'utim
C,aid I Value &'jjrjj lng V;4jue 2,915,000 $1,400 Land Value 964,400 Totai Value 3,960,8cli)
VaWe
Building Description
BhMdWiq Style SCHOOL Foundatior Type",,",ONCRETE Floormij Typ(,,�LINOMNYi,
A of Living Units I Frame Typo WOOD Basermwa Floor CONCRETE
Year 84"I"t 1938 Roof Strvicture GAMX Hearing FORCIE,"C',
i,'3k,ffldkvg Grade GOOD Roof Covor ASPHALT Hknflng Net OR.
Building Candwon Good S tdin g 8 R�0 IT Mr Conditionnnp 50%
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Nwwoe,F Roonts,0 1 f4 sedroom"T,0 9 of FuH Satbs 0
I k',q 3-14(laths 0 0 of 112 Saft 23 #of Other FiXturan 41
wwwatm
Legal Description
MANX0104
Narrative Description of Property
I'Ma t"mot'reft"'y' 18"200 vacir'sal land Mainly classit"as IMUNICK w0th ain)SCHOOL style building .uOt about 193,8 having SAICX oxurlor armt
ASPHALT roof(:ever,with 1 unit(%),0 roonr(s�,0 bedroomis),0 hamfsl,23 half bath(s),
*mamma
--Pro erty"t Images
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FA Town of Agaw' am
DEPARTMENT OF PUBLIC WORKS
1000 Suffield Street
Agawam, Massachusetts 01001
I
Tel. 413-821-0600 Fax 413-8217'0631
CGL
Scope of Work: To install an irrigation sy s.'tem at the Phelps Field at Phelps,
Elementary School on ,Main Street in Agawam, MA.
Parts list, cost and field layout below.
Contact: Michael Piccin, DPW Deputy Superintendent
Quantity Part Price Each Total
28 2001 Stainless Heads (Toro)
1 9 Zone Controller (Clock)
7 P220 Valves 1 1/2"
7 10" Round Valve Boxes
500 Feet 1 112" PVC Pipe Mainline
600 Feet 14-1 Wire (Common)
600 Feet 18-7 Wire (Zones)
200 Feet 1 1/2" Poly Pipe
800 Feet 1 1/4" Poly Pipe
600 Feet I" Poly Pipe
Asst. Fittings for PVC Pipe
Asst. Fittings for Poly Pipe
TOTAL
0_1
Telephone:1413)789-0336 Fax:14131.786-0848
LandsCaping . Hydroseeding,
Lawn Sprinklers Patios and Walks
PROPOSAL
AaMill
ASCIO 1.8
omplany
262 Meadow St. Agawam,MA 0 100 1
Submitted to.- Mike Piccin Date., August 25, 2010
Address: Submitted by.� Tom Cascio
Notes:
LIST FOR PARTS AT NEW PHELPS SCHOOL SOCCER FIELD
QTY PART, PRICE EA. TOTAL
28 2001 heads (stainless steel) 76�23 21134�44
1 9 zone controller 250M 25GM
7 P220 valves 1 Y2 135.00 945M
7 10" round valve boxes 15.63 109.41
500 Feet of 1 Yz PVC pipe mainline 0,95 , 475.00
600 Feet of 14-1 wire (common) 0.30 180.00
600 Fe*et of 18-7 wire (zones) 0.90 540.00
200 1 Feet I Y2 poly pipe 1.10 220.00
'800 Feet I Y4 poly pipe 0.75 600.00
600 Feet 1". poly 0.38 22&00
Asst. Fittings for PVC pipe 30.00
Asst, Poly fittings for zones 175.00
SUBTOTAL . 5886.85
20 % bISCOUNT ON PARTS -1177,37
SUBTOTAL- 4709-48
LLabor and equipment to install 1000,00
ITOTAL $5709.48
�9/22/2010 . 13�56. �14135926005 HYDRO/PRO IRRIGATION PAGE 02
Hy&-o-Pro Irrigation, Thc.
EsEIMMO
16 Robbins Road DATE ESTIMATE NO.
Chicopee, MA 0 1020
9/22/2010 29
NAMEIADDRESS
Town of Agavvam'
1000 Suffield Strcct
Agawam,MA 01001
ORojr-cT
DESCRIPTION CITY COST 'TOTAL
INSTALLATION OF INGROUND SPRMLER SYSTEM AT 11,936,00 11,936.00
THE PHELPS FIELD AT PMLPS ELEMENTARY SCHOOL ON
i\,LA,TN STREET IN A GAWAN�MA.
I MIA SMFS TAX 16,2-5% 0.00
TOTAL S111936-00
Aqua-Matic Lawn Sprinkler&Irrigation, Inc,
320 Granby Road
Chicopee,MAO 10 13
413-592-5011
Town of All�lw.lm-
1000 S11 ffield St
Agawam Ma 01001
Kichael Pi�cin DPW Deputy S6perinterident
Estimate to Install Irrigation to Phelps Field
I A --A 0-11 M-1
I 0"Wil 0, ry 'jj.� Tj.,, 0%
Aqua-iMatle will install sprinkler system per plans
2 year warranty on parts and labor
Winterize system First year
Total cost of maLerials and labor 10256,00
Michael sweenev
413-567-3458
tx 413-592-5033
juamadC@verizoh.neE
Jennifer Bonfigho
From: Jennifer Bonfiglio
Sent: Monday, September 20, 2010 2:26 PM
To, Jennifer Bonfiglio; Michael Piccin
Cc: Henry
SubjOct: RE: Irrigation project
Hello again. Just to let you know that you are on the agenda for Wed 9/22 at 6:30. This item will be voted on and you or a
representative will need to be present with the three bids. Thanks ag2in!
From: Jennifer Bonfigho
Sent: Wednesday, September 15, 2010 3:22 PM
To� Michael Piccin
CC: 'Henry'
Subject: Irrigation project
The CPA committee is meeting Wed. 9/22JI0 at 6:30 to hear the application again for the Memorial field irrigation. I believe Henry
has spoken to you about obtaining 3 quotes. Do you think you will have those ready for the 9/22 meeting?
Thanks,
Jennifer Bonfiglio
Community Preservation Act Administrator
36 Main Street
Agawam, MA 01001
(413)786-0400 ext. 253
(413)786-9927 fax
jbonfiglio-@agawam.ma,ur>
9/20/2010
Town of Agawam Law Department
Memorandum
0,
To: Jennifer Bonfiglio
From: Vincent Gioscia
Date: June29, 2010
Subject: CPA Applications
1. Town of Agawam derk's Office Records Preservation
As you are aware a distinct purpose of the CPA is historic preservation. See
M.G.L.4413§2, which states ""'Historic resources", a building,- structure, vessel
real property, document or artifact that is listed or eligible for listing on the state
register of historic,places or has been determined by the local historic preservatiori
commission to be significant in the history.. archeology, architecture or culture of
a city or town."(Emphases added) The keeping of various records maintained by
the City Clerks Office is of an historic nature as these records,are referenced by
historians, scholars and genealogist. I am unaware of any determination by the
Agawam Historical Commissions determination regarding these records. It is my
opinion that the uses of funds for this purpose are proper. However, the bidding
process used by the Town to secure such smices should be utilized to procure a
contractor or. a contractor on the state contractor list may be used: See attachment
of the Community Preservation Coalition.
2. Memorial Field Irrigation.
MGL 44B§2, which states "Community preservation". the acquisition, creation
and preservation of open space, the acquisition, creation and preservation of
historic resources and the creation and preservation of corhmunity housing.
(Emphases' added) Section two further defines preservation as, "protection of
personal or real property from injury, harm or destruction, but not including
maintenance." (Emphases added) Maintenance is further defined in section 2 as
"the upkeep of real or personal property. Recently in the cas'e of Scideman v. City
of Newton452 Mass, 472 (200'8) the Court stated that Newton's activities did not
constitute "preservation" but rather were designed to "improve substantially the
parks' over-all quality, attractiveness and usage" which is not permitted under the
CPA, unless the park had been originally acquired or created with CPA funds. If
Memorial Park was acquired or created with CPA funds the funds inay be used
for the purchase and installation of an irrigation system as maintenance is
prohibited under the statute,
3. Sportsman's Club property purchase,
The CPA may make" rec ommendat ions to the legislative body for the acquisition,
creation and preservation of open space; for the acquisition, preservation,
rehabilitation and restoration of historic resources; for the acquisition, creation
and preservation of land for recreational use; for the acquisition, creation,
preservation and support of community housing; and for the rehabilitation or
restoration of open space, land for recreational use and community housing that is
acquired or created as provided in 'this section. With respect to community
housing, the community preservation committee shall recommend, wherever
possible, Ithe reuse of,existing buildings or construction of new buildings on
previously developed sites." MOL 40B§5(b) (2). A purchase of this nature would
be an acceptable use of CPA funds, The property is currently in tax title pending
foreclosure, Also, there is a lien of approximately $817,000.00 held by the
Federal' Government for the costs of an environmental- ciewi-up, Furthermore,
there may be between 10-15 yards of contaminated "soil" in the basement of the
structure located on the premises. ,CPA funds, may be used to remediatc
hazardous waste or contamination of property as that may be defined as
preservation or restoration as defined in MGL 44B§2. There are sonic questions
as to the use of these funds to satisfy the lien. The Town is currently in
negotiations with the United States Department of Justice to agree upon the rights.
of the Town, the present owners and the United States.
What about documents Page I of 2
Community
Preservation Coalition
Pte5e,ving our post, Buit'ding our lufune.
Documents are Historic Resources, Too
sy-zennifer m. Goidson,Amp
In March 2006, the CPA statute Was amended to include "documents
and artifacts"within the definition of historic resources. Since that
time, many communities have used CPA funds for document
preservation projects, including document conservation and
restoration projects.and improvements to storage systems, such as
installing climate controls.
However, in the process of reviewing applications for preservation of documents, CPCs and commissions
have questioned which documents should qualify as"historic"under,the definition contained in the CPA
legislation. Since documents are not included on the State Register, it is necessary for the local
historical commission to determine historic significance of documents per Section 2 of the Community
Preservation Act (MGL c.44B). But, what evaluation criteria can commissions use?
Determining the Historic Significance of Documents
In discussions with document conservation professionals at the Northeast Document Conservation
Center(NEbCQ and the Massachusetts Board of Ubrary Commissioners (MBLC), the generally accepted
criteria for determining the significance of buildings,can be translated to documents to some extent,
however, age of documents may not be as important as pther factors.
As Walter Newman, Director of Paper Conservation at NEDCC
Historical Value points out, the Society of American Archivists defines the term
"'historic"as "no'teworthy among past events or old things"and
n. — 1. The usefulness or goes on to note4hat the term "historic"connotes significance,
significance of records for whereas"'historical"implies nothing more than age.
understanding the past.
To determine significance of documents commissions can refer
2.The importance or usefulness generally to the National Register Criteria: Is the document
of records that justifies their associated with a significant event or person? Does it have
continued preservation because distinctive characteristics or yield important information?
of the enduring administrative,
legal, fiscal, or evidential
information they contain; As Gregor Trinkaus-Randall, Preservation Specialist at MBLC,
archival value, explains, records designated as permanent on the state's
records retention schedules for municipal records have an
Ehe Societv of American importance to the community that transcends age —that is why
Archivists: Glossaa of Archival permanent records, like birth, marriage, and death records, can
Termingiggy) be considered historic resources under CPA if the Historical
Commission determines per the statute that they are significant
in ". - . the history, archeology, architecture, or culture of a city
or town." However, it is important to remember that, per MGL c.44B Section 6, "The'community
preservation funds shall not replace existing operating funds, only augment them," You'll want to be
careful that you are not using CPA funds to pay for expenditures or staff that are included in the
municipality's general budget, as you would be in violation of Section 6,
httv://www.communitvt)reservation.org/enew,s/hiqtnri(-, dnnnrn&.nt.q in him 6/990010
V��'h,_aa ahuut "Jocu,"n"Will"i
Firtift Ensure a Quality Storagge Environment
M,. "rrinkau-s-Randall also advi,,ies that befori, a fit-inding th,,,e
nk"I
fld first that the of tine stlorage,� a,�
documents, it shot. y and env�
coritainers r,,neet archival standards. Appropnate errvironmentzO controls i;rl 1.,h,�e reclords' storag(-,, arf,,:a1,"'i
Hy considereal, tthe most r:'o -v a t i o n st e p th a t c a n b e t a k-f Or l,a r c i
%
alre cienerral
v,Nti orfly "m
of rc:,,,cords, Fur"Untermoria, 011, does no') goad tf,"! spiend U d!,,;, on conset%-vibcm N 'J,
"n ccmdiboroi which would CU"It'01"Wi"! thl\\`� derx,\\�.rioral,�on of the matchals,
U)
As Valark,,,I Kinkade, prinicipal of Muse,,kjirr',\� Clqiileclor P,',esourg,_� atid a rnerriber of tr, d
CK,
c ain at providing proper storage materia�s, such as ari..hival
p,oinlls ouit, It's critica"11 U,,� expil
shelv�nq, iS jUst as, much a presetvatiori activiitv, as set")ding doc,,unnents off U\) a conlser�,�a`[,or,"
Ad6t,a:,.inally, fc,)r document as witt any typ.,�,,,� of CPA project, it is wise to de1'J,,,!11'11Ti,'1e t,,h(,, l0v,,,'
of nee,,�d' for prCr"I'lect - for exxnple, what cordition an�,,� Ole drx:�,,enent. 'in and whatt, �s fl`ieir �R,",,O�,_�
dc,,,,terioraflon?
Prqject Example-, Mendon Preserves the De.,claration of
a
5Y
21
Indepeidence
0 W
W W
N JA
DaOv Ni,,,n,,,,! 2
As reported by the Milfcma
n t la
-opriabor ,f $80 0
Town Meeting approved d"ie appr 0 0 r p,
in t v-
resolve huumiditN, and drainage probte'ns th 'iufll
funds
�t a
whertc! records, which date to the IT" centi,jrNy, and inOU"'.
copy of Vh,,� Declaration of Independence,',, are sttored,, TT',v,
V
photograph on the left shows Mendo� :opy of
0 M e n,,d,,,,:,n's
Declaration of Independence, P(,alter Denton
R" VV k, Ct
ConrunfUnee expfains th,,at h- 'B 31
Comrruindpy Pireservado,"i
tO SUPPOrt, the project becaL,11_50, there wcas a dear r)e(,,7,!d to
rc,.:�,,nriove '-he rno�d and s1top the detehoratior,,, c�f '01he pages. "if tlhiey continue to get mdlldy wiil bi,,,�,.
s aid K
Denton,
More, Inforniation
For rnore knformiition about docurnent conservat:w�,,,,, contad" Giregor at
17 0
9/8 j,
'a lt:er Newman at wial�
U,
1,800-952-7403 x '236 or A fl
Vk,
!, 'h, 'JI�,n I v,,,Xi', ry
IS
o"n"i"ch, tho,,�c 00,,", �r
"I"ec"",thc en,!,,fiC k Pre,01"I"ANN,fill, oilhfi,jn_
hin"
fl A
t0%wn ot Agawam
Department of Public Works
D 1000 Suffield Street
Agawam, Nla�sachusetts 010014837
413-821-0600
May 26, 20 10
To the Conservation Commission:
I recently had an opportunity to speak with Henry Kozloski regarding a'concern I have every season
with the fields behind Pheips:School. These practice fields are used by the youth baseball league as
well as the youth football-program beginning the first week of August. Unfortunately, due to the
lack of watering,the fields are all burnt and brown by the second week of August, Playing oil such a
surface is very dusty and unhealthy forplayers,
I am writing to inquire if the Commission is able to use CPA funding to purchase the materials
needed to install an irrigation system in this a"e4. The cost of materials Would run betv�cell $7000
and $9000, with the Department of Pub]ic Works covering the cost of installation.
Your consideration of this project would be much appreciated.
Michael Picein
Deputy Superintendent, DPW
Highway and Grounds
Phelps Field Irrigation System
Material and Cost Proposal
I met with Toni Cascio of Cascio Company. This company has installed a
number of irrigation systems for the Town of Agawam. Tom and N�,ent over
the proposed project and came up with the following three plans.
I Department of Public Works Installs Systern
$6500 cost for materials
Cascio Company working with the Department of Public Works
$7500 for assistance and materials
3. Cascio Company fully installing system
$8000
I must tell the Commission that the Department of Public Works normally
installs irrigation systems in the fall when most of th,e construction season is
over. If you would like the system installed for August,,I would recommend
plan #3.
Materials
350 feet of 1 1X2 inch main line pipe
11 120 feet of zone piping
8 valves and boxes
28 sprinkler heads
1 ,000 feet of electrical wire
I clock timer
F A Town of Agawam
DEPARTMENT OF PUBLIC WORKS
1000 Suffield Street
Agawam, Massachusetts 01001
Tel. 413-821-0600 Fax 413-821-0631
July 13, 2010
Re: Irrigation of Phelps Field
To: Conservation Commission
As you know, we are asking for C.P.A. funding to install an irrigation systern to an area of
Phelps Field. I fear if this funding is turned down, this field will be unplayable in the future. Do
to the over use of the area, it's becoming more difficult for the grass to recover froin the sulnnlQr
weather, even with over seeding and fertilizing. Eventually there will be no grass in this area.
Sincerely,
Michael Piccin
Peputy Superintendent
Department of Public Works
Henry & Teresa
From: Stuart Saginor[Stuart.Saginor@communitypreservation.org]
Sent: Friday, July 09, 2010 10.55 AM
To: vedany@comeast.net
Cc: Katherine Roth
Subject. Agawam Recreation Project
Attachments: DOR Letter-Norfolk Recreation Question.pdf
Hi Henry:
Thanks for your call for more information on CPA recreation projects,
Although communities cannot rehabilitate recreation land unless it was acquired or created with CPA
funds, they can "Preserve" recreation land at any time. The attached letter from DOR helps to explain
this issue. You'll notice that the letter predates the SIC recreation case from Newton, but DOR has said
that the findings of that case didn't change anything about the letter; it is slill 100% valid,
There are very few examples of what you can do'to "preserve" a held, rather th'an rehabilitating it.
However, the three common examples that have been us ed in other CPA projects are those that provide
drainage, irrigation or erosion control. Those all seem to fit the definition of"preserve;" that is, to
protect the field from "injury, harm or destruction, but not including maintenance."
You had asked if these type of preservation projects would be'considered "maintenance," Capital
improvements such as draining structures, installation of an irrigation system or-erosion control are not
normal maintenance items. The costs to operate an irrigationsystem, such as the electricity, water or
labor costs, would be maintenance, however. These costs cannot be paid for with CPA funds, but the
original capital improvement would be an a.11owable CPA expenditure.
And now for the standard disclaimer: We're not'attorneys at the Coalition, so the final decision on all
allowable use questions lies with your municipal counsel, We would urge you to seek their guidance.
Good luck!
Stuart
Stuart Saginor
Executive Director
Community,Preservation Coalition
33 Union Street, Boston, MA 02108
Tel: 617-371-0540
stuart.saginor@communitypreservation.org
7/20/2010
JWSSSft*US0ft ftv�ent of Revenue Division of Local SeMces
raPTe&Md99,Comminener JMPn J UMMY,Jr,08P*COMMOMOr
June 11,20.02
Marie Chiofolo, Acting Chairman
Corrimunity Preservation Committee
I Liberty Lane Re- Con-duunity Preservation Act
Norfolk MA 02056 Our File No. 2002-�79
Dear Ms. Chiofolo:
You asked that we review a list of eleven projec"ts that the town's �ecreation
Department proposes financing with rn'orui6s raised under the Community Preservation Act
(CPA) and advise whether the town may do so. It appears that a number of the projects may
invol.ve installations and improvements to one or more existing town recreational facilities.
We do not know all'of the'�etails for each project, but we can offer general guidelines to
assist you evaluate whether a proposal may be financed with community preservation fund'
monies.
With respect to recreational purposes, the CPA provides that monies in the
community preservation fund may be used "for the acquisition, creation and preservation of
land for recreational use and for the rehabilitation or restoration of such .. Jand for
recreational use ... that is acquired or created" under the act. (Emphasis added)., G.L. Ch. 44D
95(b)(2). "Acquisitio,e can include'obtaining a fee or lesser interest in the land, including a
lease, and "preservatiori� is defined quite narrowly to mean protection of property from
injury, harm or destruction, but not including maintenance. G.L. Ch. 44B §2. The act does
not specifically define the term"creation," but we presume the Legislature intended-the term
to be given its ordinary and gene.rally understood meaning as bringing into being,causing to
exist or producti6n. American HeriWeQ_icg9nar
.X 338 (2nd New College Editi'on 1985);
Black's Law,,Dictioaft 440 (4thed. 1968). Only those recreational properties acquired or
created with fund monies may be rehabilitated or restored using such monies.
Accordingly, we think the town may spend fund monies to do the following:
1. Acquire real property and develop it as a recreational site.
2. Acquire, an existing recreational site and rehabilitate or restore it as
needed.
5. Develop a recreational use on any real property owned by the town before
adoption of the CPA, or acquired with other municipal funds, that is not
already dedicated to recreational use.
PW Oft Box 9490,So*n,MA 02205-9490,Tet 617-96-23W,Fez 617-676-2330
33
Marie Chlofolo, Acting Chairman
Conununity Preservation Committee
Town of Norfolk
Page Two
4. Make particular improvements on recreational property owned by the
town before adoption of the CPA, or acquired with community
preservation or any other municipal funds, for the limited purpose of
protecting the property from injury, harm or destruction. This might
include such� projects as. repair or replacement of a roof to protect a
struc ture from damage from the elements or installation of a sprinkler
system to protect it from fire damage. It does not include ordinary
maintenance or upkeep of the property, nor improvements intended to
enhance or extend its use or Iffe.
Community-preservation fund monies cannot ordinarily be used to simply replace
equipment, or install additional equipment, amenities or improvements, on an existing
recreational property, Equipment and improvements ca'n be financed with fund monies,
however, where they are an integral part of a project that qualifies as the creation,
preservation, rehabilitation or restoration of recreational land. This would include any
equipment and amenities acquired or installed:
L During the original development of a new r6creational site on land
acquired for that purpose with community preservation funds. ,
2- During the original development of a new recreational site on property
owned by the town before adoption of the CPA, or acquired with other
municipal funds,that is not already dedicated to recreational use.
3. During the rehabilitation or restoration of a recreational site acquired or
developed with fund monim
4. For the,protection of the property from physical hann,
If you have any further questions on this matter, please do not hesitate to contact me
again.
Very truly yours,
Daniel J. Murphy
Chief,Property Tax Bureau
DJM/KC
34