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TR-2011-31 OPERATING BUDGET FY 2012 I I I IT-go I I ro-11 M &A b"0- OFFICE OF THE MAYOR ADMINISTRATIVE COMMUNICATION #2011- 22 DATE: AUGUST 3, 2011 TO: TOWN CLERK, LIBRARY DIRECTOR & EXECUTIVE DIRECTOR, COUNCIL ON AGING SUBJECT: FY2012 ADOPTED BUDGET FIGURES Attached please find one set of the adopted FY2012 budget figures to be placed on file. Copy is also provided to the Library Director and Executive Director, Council on Aging for public viewing purposes. Should you have any questions, please contact my office. Richard A. Cohen Mayor C') ng 4M' co C") CD TOWN OF AGAWAM - FISCAL YEAR 2012 BUDGET,, pi= DEPARTMENT 2 10: POLICE DEPARTMENT C:) Org Object Fiscal 2011 Fiscal 2012 Fiscakol?w:,r Account Description Code Code Appropriated Recommended AdoF .Led PERSONNEL &0 REGULAR PERMANENT 12101 51010 3,169,624 3,216,323 S 3,216,323 REGULAR TEMPORARY 12101 51020 $ 15,500 15,500 $ 15,500 OVERTIME 12101 51030 $ 161,095 $ 162,705 $ 198,722 HOLIDAY 12101 51050 $ 161,900 $ 163,371 $ 163,371 UNIFORM ALLOWANCE 12101 51070 S 59,700 $ 59,700 $ 59,700 COURT TIME 12101 51080 $ 80,000 $ 80,000 $ 80,000 SCIENCE COLLEGE 12101 51120 $ 439,755 $ 459,521 $ 459,521 FIREARMS QUALIFICATIONS 12101 51130 $ 19,126 $ 19,125 $ 19,125 LONGEVITY 12101 51400 $ 23,800 $ 24,850 $ 24,850 PERSONNEL TOTAL $ 4,130,500 $ 4,201,095 $ 4,237,112 PURCHASED SERVICES EQPT. - REPR, MAINT. & REPI 12102 52030 $ 12,000 $ 12,000 $ 12,000 EQUIPMENT RENTALS 12102 52070 $ 900 $ 900 $ 900 TELEPHONE 12102 52150 $ 15,071 $ 15,071 $ 15,071 DUES & SUBSCRIPTIONS 12102 52170 $ 2,600 $ 2,600 $ 2,600 TRAINING & EDUCATION 12102 52180 $ 22,865 $ 23,704 $ 23,704 PROFESSIONAL SERVICES 12102 52190 $ 10,300 $ 10,300 S 10,300 CONTRACTUAL SERVICES 12102 52360 $ 15,486 $ 15,871 $ 15,871 ANIMAL CONTROL SERVICE 12102 52992 $ 5,000 $ 5,000 $ 5,000 PURCHASED SERVICES TOTAL $ 84,222 $ 85,446 $ 85,446 SUPPLIES OFFICE SUPPLIES 12103 52230 $ 3,500 $ 3,500 $ 3,500 OTHER SUPPLIES 12103 52240 $ 2,000 $ 2,000 $ 2,000 MEDICAL& SURGICAL 12103 52260 S 1,500 $ 1,500 $ 1,500 CHEMICALS & LAB 12103 52310 $ 1,500 $ 1,500 $ 1,500 PROTECTIVE & SAFETY GEA 12103 52410 $ 21,823 $ 21,823 $ 21,823 SUPPLIES TOTAL $ 30,323 30,323 $ 30,323 CAPITAL 0 UTLA Y DATA PROCESSING EQUIPMI 12104 52040 $ 3,352 $ - $ - MOTOR VEHICLE 12104 58500 $ - $ 27,125 $ 27,125 CAPITAL OUTLAY TOTAL S 3,352 $ 27,125 S 27,125 DEPARTMENT 2 10: POLICE DEPARTMENT $ 4,248,397 $ 4,343,989 $ 4,380,006 TOWN OF AGAWAM - FISCAL YEAR 2012 BUDGET DEPARTMENT 300: SCHOOL DEPARTMENT Org Object Fiscal 2011 Fiscal 2012 Fiscal 2012 Account Description Code Code Appropriated Recommended Adopted GENERAL SCHOOL ACCOUNT $ 31,944,937 $ 32,263,439 $ 32,477,422 TRAN-SPORTATION COST CTR $ 1,964,561 $ 1,930,728 $ 1,930,728 fNTERGOVERN MENTAL 16820 59000 S 33,909,498 $ 34,194,167 $ 34,408,150 DEPARTMENT 300: SCHOOL DEPARTMENT $ 33,909,498 $ 34,194,167 34,408,150 TR-2011-31 A RESOLUTION ADOPTING THE FISCAL YEAR 2012 ANNUAL OPERATING BUDGET FOR THE TOWN OF AGAWAM WHEREAS, Under the provisions of Chapter 44, Section 32 of the MassachJsettsj2"Q '== 0 r— ' General Laws and Section 5-1 of Article 5 of the Agawam Home Rule Charter,the prop4gged 3;,- �0:cl FY2012 Annual Operating Budget was submitted on May 12, 2011; and );P'r— I M WHEREAS, Under the provisions of Section 5-2(a) of Article 5 of the Charte , a 3P'-.n public hearing on the proposed annual operating budget was held on June 20, 2011, noti8e thereof having been published in one issue of a newspaper of general circulation in the T016 of Agawam more than fourteen (14) days before such hearing; and WHEREAS, It is in the best interests of the Town of Agawam to adopt the attached Fiscal Year 2012 Annual Operating Budget; and NOW THEREFORE, THE AGAWAM TOWN COUNCIL HEREBY RESOLVES AS FOLLOWS: I That pursuant to the provisions of Chapter 44 of the Massachusetts General Laws and Article 5 of the Agawam Home Rule Charter,the Annual Operating Budget for Fiscal Year 2012 which begins July 1, 2011, a copy of which is attached hereto and incorporated herein by reference,is hereby adopted,and the several sums therein set forth to be raised by the levy of a tax upon all taxable property within the corporate limits of the Town of Agawam, Massachusetts, all other funds and receipts are hereby'appropriated for the several purposes therein st�ted. 2. The Fiscal Year 2012 Annual Operating Budget is adopted according to the departmental and line item categories contained therein. Said adoption allowing administrative transfer of funds from any line item within any category of any departmental or the line item budget to any other line item within the same category of the same departmental or line item budget. 3. There is hereby appropriated in the Line Item - Contributory Retirement an appropriation to the credit of the Hampden County Retirement Board to satisfy the Town of Agawam's share of the Pension and Expense Credit Funds. 4. Consideration has been given for anticipated receipt of funds from the Commonwealth of Massachusetts for street reconstruction purposes as set forth in the Highway portion of the budget which is attached hcreto. 5. In addition to any specific appropriation, revolving, gift and grant funds are hereby established under Massachusetts General Laws Chapter 40, S 3 and Chapter 44 S 53A, S 53D and S 53 El/2 for the fiscal year beginning July 1, 2011, with the specific receipts credited to each fund, the purposes for which each fund may be spent and the maximum amount that may be spent from each fund for the fiscal year, as described in Exhibit A. 6. There is hereby appropriated all money from the Commonwealth of Massachusetts, the United States of America, as well as, from any grants or donations received for public purposes. 7. There is hereby appropriated all money received from the interest income on short term investments including the interest earned on funds in interest bearing bank accounts. 8. That the Assessor use not more than $1,500,000 of"Certified Free Cash" to reduce the Fiscal 2012 Tax Rate. 9. The Agawam City Council hereby resolves, authorizes and appropriates $110,499 from the Agawam Municipal Golf Course Retained Earnings,account 65200-315 10 to Fund Balance Appropriations, account 65210-48500. 10. The Fiscal Year 2012 Annual Operating Budget for the Town of Agawam is hereby adopted as follows: GENERAL OPERATING BUDGET Council $ 169,298 Mayor $ 285,085 Administration Building $ 323,404 Law Department S 121,300 Auditor $ 150,015 Clerk/Elections $ 219,278 Assessor $ 246,729 Data Processing $ 203,440 Treasurer/Col lector $ 293,274 Police Department $ 4,343,989 Fire Department $ 3,474,577 Inspection Services $ 271,680 Health Department $ 578,048 Community Development $ 125,289 Library $ 996,349 Parks & Recreation $ 163,269 Council on Aging $ 355,716 DPW Administration $ 49,565 Highway& Grounds $ 1,753,338 Motor Vehicle Maintenance $ 647,914 Engineering $ 183,391 Building Maintenance S 3,731,872 Agawam Public Schools $ 34,194,167 Emergency Management $ 33,195 Line Items $ 20,138,020 TOTAL - GEN. OPERATING BUDGET $ 73,052,202 CAPITAL IMPROVEMENT BUDGET $ 495,428 TOTAL GENERAL FUND $ 73,547,630 SELF SUSTAINING DEPARTMENTS Wastewater Department $ 3,306,250 Wastewater Capital Improvement Budget $ 47,174 TOTAL - WASTEWATER $ 3,353,424 Water Department $ 3,618,774 Water Capital Improvement Budget $ 35,995 TOTAL- WATER $ 3,654,769 Golf Course $ 718,995 Golf Course Equipment 60,000 TOTAL - GOLF $ 778,995 TOTAL - SELF SUSTAINING DEPTS "-.787,IU TOTAL - ALLDEPARTMENTS S 81,334.8111 11. There is hereby levied upon all taxable property within the corporate limits of the Town of Agawam,Massachusetts upon each dollar of assessed value thereof,taxes in an amount to be determined. 12. The following available funds are transferred/appropriated for use in the Fiscal Year 2012 Annual Operating Budget to help reduce the tax burden: Ambulance Fees S 50,000 13. Authorize the Western Hampden District Veteran's Service to exceed its assessment limitation by$97,351.81 (Agawam's share)pursuant to Massachusetts General Laws, Chapter 59, Section 20B. 4W RULUU PI&erv(- IfWs- 51300) �j 4 2,601 too Dated this day of -11)itc, , 2011. PER ORDER OF TH�.A�AWAM TOWN COUNCIL I - XkZ1 _A�1- 0j,1��,._4 Dohaa M. Rheault, President PR VFD,-AtS FOR�M AND LEGALITY Vincent'F. biosc*�I`a, City Solicitor Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 NOTICE OF PUBLIC HEARING The Agawam Town Council will hold a public hearing on Monday,June 20, 2011, at 7:00 P.M., at the Agawam Middle School, Auditorium, 68 Main. Street, Agawam, Massachusetts on the Proposed Annual Operating Budget for Fiscal Year 2012, as submitted by the Mayor. The Annual Operating Budget for FY2012 is available for inspection at the Town Clerk's Office, 36 Main Street,Agawam, Massachusetts between the hours of 8:30 A.M. to 4:30 P.M., Monday through Friday. The budget is also available at the Agawam Public Library, 750 Cooper Street,Agawam, MA and the Agawam S.enior Center,954 Main Street,Agawam, MA. Richard A. Cohen, Mayor Ca C=) POST: CZ :Z Town Hall -Bulletin Board — Council on Aging (Senior Citizens' Center Bulle3rh Board)—Agawam Public Library Bulletin Board --c C-) DISTRIBUTION- > Town Clerk—5Copies Summary Sheet—Public Viewing Council Administrative Assistant— I .Copy Summary Sheet .W Agawam Public Library— I Copy Summary Sheet— Public Viewing Agawam Senior Center— I Copy Summary Sheet— Public Viewing Town of Agawam 36 Main Sireet Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 0 NOTICE OF PUBLIC HEARING The Agawam Town Council will hold a public hearing on Monday,June 20, 2011, at 7:00 P.M., at the Agawam Middle School, Auditorium, 68 Maiw Street, Agawam, Massachusetts on the Proposed Annual Operating Budget for Fiscal Year 2012, as submitted by the Mayor. The Annual Operating Budget for FY2012 is available for inspection at the Town Clerk's Office, 36 Main Street,Agawam, Massachusetts b 4:30 P.M., Monday through Friday. T Agawam Public Library, 750 Cooper S Senior Center,954 Main Street,Agaw Richard A. Cohen, Mayor CD POST: Town Hall -Bulletin Board — Council on Board)—Agawam Public Library Bulletin Board DISTRIBUTION: > Town Clerk—5Copies Summary Sheet— Public Viewing C) -77 Council Administrative Assistant— 1 Copy Summary Sheet -n .W C-� Agawam Public Library— 1 Copy Summary Sheet—Public Viewing' Agawam Senior Center— I Copy Summary Sheet— Public Viewing (_ff"1AJV' AFrKUrKtAT10NS FISCAL YEAR 2012 BUDGET Personnel Purchased Capital DEPARTMENT Services Services Supplies Outlay TOTAL GENERAL OPERATING BUDGET Council $158,363 $10,600 $335 $169,298 Mayor $284,135 $950 $285,085 Administrative 13�ild�g $21,129 $302,275 $323,404 Law Department $41,800 $79,500 $121,300 Auditor $149,890 $125 $150,015 Clerk/Elections $216,623 $2,655 $219,278 Assessor $193,429 $53,300 $246,729 IT $133,617 $56,873 $12,950 $203,440 Treasurer/Collector $274,974 $)3,500 $0 $4,800 $293,274 Police Department $4,201,095 $85,446 $30,323 $27,125 $4,343,989 Fire Department $3,342,977 $108,850 $22,750 $3,474,577 Inspection Services $271,680 $271,680 Health Department $572,948 $2,600 $2,500 $578,048 Planning and Community Development $125,036 $253 $125,289 Agawam Public Library $871,146 $6,325 $118,878 $996,349 Parks&Recreation $146,039 $11,030 $1,000 $5,200 $163,269 Council on Aging $274,916 $80,800 $355,716 DPW Administration $45,715 $3,800 $50 $49,565 Highway&Grounds $1,087,593 $274,8iO- _$390,865 $1,753,338 Motor Vehicle Maintenance--.----. $181,129 $59,115 $407,670 $647,914 Engineering $163,899 $18,292 $1,200 $183,391 Building Maintenence $2,019,237 $1,567,113 $145,522 $3,731,872 Agawam Public Schools $34,194,167 Emffgcncy Management $15,250 $17,945 $33,195 Line Items $20,138,020 TOTAL-GENERAL OPERATING BUDGET $73,052,202 CAPITAL IMPROVEMENT BUDGET S495,428 TOTAL GENERAL FUND $73,547,630 SELF SUSTAINING DEPARTMENTS Wastewater Department $541,723 $2,709,275 $55,252 $3,306,250 ��astewater Capital Improvement Budget $47,174 $47 174 Wastewater Total $3,3532424 Water Department $817,769 $2,333,422 $467,583 $3,618,774 Water Capital Improvement Budget $35,995 $35,995 Water Total $3,654,769 Agawam Municipal Goff Course $416,745 $129,850 $172,400- $718,995 Agawam Municipal Golf Course Equipment $60,000 $60,000 Agawam Municipal Golf Course Total $778,995 TOTAL-SELF SUSTAINING DEPARTMENTS $7,787,188 'TOTAL-GENERAL FUND AND SELF SUSTAINING DEPARTMENTS $81.334,919 Page I I IeAcLfs ILI 400 4Lo q11 ud u�f &,UieE�L Ik U M rid— Q W N 1 Y — U QAcVecQ � c,Jvia.,- - (,Jlna.f- s kak-( Page I of 2 barbara. bard From: Robert Rossi [Itrer@msn.com] Sent: Friday, June 24, 2011 7.32 AM To: Dennis J. Perry ; don@messageonholdne.com; George Bitzas; George Bitzas; ginalet@verizon.net; James Cichetti; dbsjps@comcast.net; jill.messick@comcast.net; John Walsh;jmineo@getajob.cc; Robert Magovern; barbara bard Subject: Re: Please forward to the city coucilors Barb, Please reply to Mr. Janik's e-mail, et. al.. Speaking for myself, my vote was not intended for him or any other member of his association. However, he' may want to send thanks to the Para-professionals and others that he and other members of his group threw under the bus. Additionally, the "put children first" slogan on his e- mail is a joke!! Thanks, Bob R. ---Original Message From: barbara bard To: Denni's J. Perry ; D nald M. Rheault(don@messacleonholdne.com) ; George Bitza� ; GepLqe ffitzas ; Gina M. Letellier(ginalet@verizon.nat) ; James Cichetti ; Jill P. Simpson (dbsaps@comcast.net) : Jill S. Messick (ai 11.messickCdcom cast.net) ; John Walsh Joseph Mineo (imineo(a-)qetaiob.cc) ; Robert E. Rossi (Itrera-msn.com) Robert Ma-Qovern Sent: Thursday, June 23, 2011 8.53 AM Subject: FW: Please forward to the city coucilors Barbara A. Bard Administrative Assistant to the City Council 36 Main Street Agawam, MA. 01001 (413) 786-0400 x233 (413) 786-9927 fax bbard0agawam.ma.us 6/27/2011 Page 2 of 2 -4 From: Robert Janik (mailto:danik@agawamteachers.org] Sent: Thursday, June 23, 20118:51 AM To: Lisa Beaulieu; Deborah Rowe; Barbara Stevens; Mary Ellen Berselli; Brian Hollister; Jocelyn Maksymiw; Laura Latulippe; Alan Cohen; Sarah Barnett; Nancy Farrell; Robert Janlk; Teresa Holl; Colleen Moren; Karen Shugrue; Frank Meagher; Lisa Bruno; barbara bard; Jessica Paulo; Kristen Pilotte; Mary Ellen Bruce; Donna Ormsby; Debra King; Gloriajean Sheiber; Susan Brown; Marcia Scherpa; Carol Patrick; Lisa Howe; Karen Albano; Jane Sauter Subject:-Please forward to the city coucilors Speaking for all the members of the Agawam Education Association,we wish to thank all the city councilors for supporting education with their recent budget vote. Bob Janik,President of the Agawam Education Association. "Put Children First" Confidentiality Statement This Agawam Public Schools electronic message along with any corresponding attachments may contain privileged or confidential information. This information is for the use of the intended recipient(s) only. Any disclosure, copying, distribution, or use of the contents of this message in any manner is strictly prohibited by anyone other than the intended recipient(s). If you have received this e-mail in error, please contact the Superintendent's Office immediately at 1-413- 821-0552 and delete all copies from your network. Thank you. 6/27/2011 Page I of I barbara bard From: Robert Janik[rjanik@agawamteachers.org] Sent: Thursday, June 23, 2011 8:51 AM To: Lisa Beaulieu; Deborah Rowe; Barbara Stevens; Mary Ellen Berselli; Brian Hollister, Jocelyn Maksymiw; Laura Latulippe; Alan Cohen; Sarah Barnett; Nancy Farrell; Robert Janik; Teresa Holl; Coleen Moren; Karen Shugrue; Frank Meagher; Lisa Bruno; barbara bard; Jessica Paulo; Kristen Pilotte; Mary Ellen Bruce; Donna Ormsby; Debra King; Gloriajean Sheiber; Susan Brown; Marcia Scherpa; Carol Patrick; Lisa Howe; Karen Albano; Jane Sauter Subject: Please forward to the city coucilors Speaking for all the members of the Agawam Education Association, we wish to thank all the city councilors for supporting education with their recent budget vote. Bob Janik, President of the Agawam Education Association. "Put Children First" Confidentiality Statement. This Agawam Public Schools electronic message along with any corresponding attachments may contain privileged or confidential information. This infon-nation is for the use of the intended recipient(s) only. Any disclosure, copying,distribution, or use of the contents of this message in any manner is strictly prohibited by anyone other than the intended recipient(s). If you have received this e-mail in error,.please contact the Superintendent's Office immediately at 1-413- 821-0552 and delete all copies from your network. Thank you. 6/23/2011 FA Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 June 22, 2011 Mr. Richard Theroux Clerk's Office 36 Main Street Agawam, MA 0 100 1 Dear Mr, Theroux, At its June 20, 2011 meeting, the Council voted for the budget as recommended by my office. Said budget includes the negotiated salary increase for 2011-2012. Although the Council voted for the budget, the Council made it very clear that they wanted me to request that the unions reopen contract negotiations for the purpose of discussing the reduction of the two percent (2%) salary increase scheduled for the 2012-2013. Said request is being made in an effort to maintain services and staffing. Please notify Russell J. Dupere, Esq., Labor Counsel, at (413) 527-4716 as soon as possible regarding your willingness to reopen contract negotiations for this purpose. Thank you in advance for your consideration and willingness to work with the Town in these difficult financial times. Sincerely, 01 Mayor Richard A. Cohen cc: Council Russell J. Dupere, Esq. FA Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 E June 22, 2011 Ms. Kimberly Robinson c/o Robinson Park Elementary School 65 Begley Street Agawam, MA 0 100 1 Dear Ms. Robinson, At its June 20, 2011 meeting, the Council voted for the budget as recommended by my office. Said budget includes the negotiated salary increase for 2011-2012. Although the Council voted for the budget, the Council made it very clear that they wanted me to request that the unions reopen contract negotiations for the purpose of discussing the reduction of the two percent (2%) salary increase scheduled for the 2012-2013. Said request is being made in an effort to maintain services and staffing. Please notify Russell J. Dupere, Esq., Labor Counsel, at(413) 527-4716 as soon as possible regarding your willingness to reopen contract negotiations for this purpose. Thank you in advance for your consideration and willingness to work with the Town in these difficult financial times. Sincerely, 'Zzld- '/'9 L Mayor Richard A. Cohen cc: Council Russell J. Dupere, Esq. A Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 June 22, 2011 Ms. Barbara Brizzolari 1000 Suffield Street Agawam, MA 01001 Dear Ms. Brizzolari, At its June 20,2011 meeting, the Council voted for the budget as recommended by my office. Said budget includes the negotiated salary increase for 2011-2012. Although the Council voted for the budget, the Council made it very clear that they wanted me to request that the unions reopen contract negotiations for the purpose of discussing the reduction of the two percent (2%) salary increase scheduled for the 2012-2013. Said request is being made in an effort to maintain services and staffing. Please notify Russell J. Dupere, Esq., Labor Counsel, at(413) 527-4716 as soon as possible regarding your willingness to reopen contract negotiations for this purpose. Thank you in advance for your consideration and willingness to work with the Town in these difficult financial times. Sincerely, Mayor Richard A. Cohen cc: Council Russell J. Dupere, Esq. Atty. John Connor FA Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 June 22, 2011 Patrolman John Kunasek c/o Agawam Police Department 681 Springfield Street Agawam, MA 0 100 1 Dear Patrolman Kunasek, At its June 20; 2011 meeting, the Council voted for the budget as recommended by my office. Said budget includes the negotiated salary increase for 2011-2012. Although the Council voted for the budget, the Council made it very clear that they wanted me to request that the unions reopen contract negotiations for the purpose of discussing the reduction of the two percent (21/o) salary increase scheduled for the 2012-2013. Said request is being made in an effort to maintain services and staffing. Please notify Russell J. Dupere, Esq., Labor Counsel, at (413) 527-4716 as soon as possible regarding your willingness to reopen contract negotiations for this purpose. Thank you in advance for your consideration and willingness to work with the Town in these difficult financial times. Sincerely, Mayor Richard A. Cohen cc: Council Russell J. Dupere, Esq. Atty. John Connor A Town of Agawam 36 Main Street Agawam., Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 E June 22, 2011 Supervisor Sergeant Steve Grasso do Agawam Police Department 681 Springfield Street Agawam, MA 0 100 1 Dear Sergeant Grasso, At its June 20, 2011 meeting, the Council voted for the budget as recommended by my office. Said budget includes the negotiated salary increase for 2011-2012. Although the Council voted for the budget, the Council made it very clear that they wanted me to request that the unions reopen contract negotiations for the purpose of discussing the reduction of the two percent (2%) salary increase scheduled for the 2012-2013. Said request is being made in an effort to maintain services and staffing. Please notify Russell J. Dupere, Esq., Labor Counsel, at(413) 527-4716 as soon as possible regarding your willingness to reopen contract negotiations for this purpose. Thank you in advance for your consideration and willingness to work with the Town in these difficult financial times. Sincerely, Mayor Richard A. Cohen cc: Council Russell J. Dupere, Esq. Atty. John Connor FA Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 ED June 22, 2011 Mr. Robert Janik c/o Agawam High School 760 Cooper Street Agawam, MA .0 100 1 Dear Mr. Janik, At its June 20, 2 011 meeting, the Council voted for the budget as recommended by my o ffi ce. S ai d budget includes the negotiated salary increase for 2011-2012. Although the Council voted for the budget, the Council made it very clear that they wanted me to request that the unions reopen contract negotiations for the purpose of discussing the reduction of the two percent (2%) salary increase scheduled for the 2012-2013. Said request is being made in an effort to maintain services and staffing. Please notify Russell J. Dupere, Esq., Labor Counsel, at (413) 527-4716 as soon as possible regarding your willingness to reopen contract negotiations for this purpose. Thank you in advance for your consideration and willingness to work with the Town in these difficult financial times. Sincerely, x z' Z""�- /;; , Mayor Richard A. Cohen cc: Council Russell J. Dupere, Esq. -W low- op lqw 7 op qWMSPF zN 7 N6 rnor ............ Agawam City Council Brian D Halla 36 Main Street 16B Castle Hill Road Agawam, MA 01001 Agawam, MA 01001 June 16, 2011 RE: Proposed FY'12 Budget Ladies&Gentlemen: While I expect you've gained an understanding of the budget in your committee meetings that far exceeds that of the average citizen, I ask you to consider a few points from this citizen's perspective. 1) Building the reserve fund($500K)in a year when state&federal "revenue sharing"will be down approx$3M,and taxpayer's ability to pay is still down(see below),seems inappropriate. 2) More than doubling the capital improvement budget, despite the lack of federal "stimulus' funding received in FY'12,seems odd. 3) Despite the elimination of 32 School Department positions,that department's budget isn't flat/lower? Between those cuts and a proposed net overall increase,there must be more than $21VI of increases elsewhere in the department!While something on the order of$500K is probably for benefits(see below),what else went up so much?How much is salary increases? How much is salary increases for new hires on the first day of school (as happened last year)? Salaries have been nearly flat in the overall economy.That means that any increases government employees get are being paid for by people whose salaries have declined 1 4) "Benefits&Insurance spending"increases nearly 10%(>$IM)! While I understand there are collective bargaining contracts in place that drive these costs(and salaries),they are not sustainable for much longer.while it'd be nice to avoid the cuts and resulting scenes of unrest reported from around the world, I don't know that we'll be able to indefinitely. 5) "The taxpayer" in Agawam is typically a worker who hasn't seen his income increase,or a retiree who can generate little income from cash savings(one of the Federal Reserve's indirect bank bailout programs).At the same time, "the taxpayer" has seen cost increases in food,fuel, et al. if I understand correctly*, property tax increases would be needed to fund both the$I.8M+increase in the total budget ard the reduced"revenue sharing"of almost$3Ml if I've got this right, I must ask, is the mayor crazy? Please send the proposed budget back for reduction. Regards, Brian D Halla *Based on data gleaned from "The Republican's"May 14 th report by Sandra Constantine Town of Agawam Interoffice Memorandum To: Joseph Mineo, City Councilor CC: From: Richard A. Cohen, Mayor Date: 6/13/11 Subject: Cell Phone Usage Per your request I have asked the Auditor to provide the current list of town employees that currently use a cell phone paid for by the Town of Agawam. Please feel free to contact my office should you have any questions. Thank you, Richard A. Cohen Mayor C- FROM THE DESK OF... REBECCA BUDREAU ADMINISTRATIVE ASSISTANT TOWN OF AGAWAM 36 MAIN ST AGAWAM,MA 01001 rbudreau@agawam.ma.us 413-786-0400 X 201 Fax:413-786-9927 Verizon Wireless Town Dept Employeeor Locafion Position Account# Account Descripfion Water Mon-Fri Gary Masciotra Water Maintenance Craftsman 60142-52150 Water Telephone Sat-Sun Standby Person Engineering Shared n/a 14102-52150 Engineering Telephone Police Chris Brunelle Court Officer 12102-52150 Police Telephone Police Peter Betera Detective 12102-52150 Police Telephone Police RJ Brown Detective 12102-52150 Police Telephone Police Mike DeCaro Detective 12102-52150 Police Telephone Police Jen Blanchette Detective 12102-52150 Police Telephone Police Dan Bonafilia Detective 12102-52150 Police Telephone Police Steve Grasso Detective 12102-52150 Police Telephone Police Robert Cam2bell Police Chief 12102-52150 Police Telephone Police Shared Police Supervisor 12102-52150 Police Telephone Police Brian Machos Detective 12102-52150 Police TeleVhone IT Jeff Hulbert IT Director 60752-52000 CATV Data Support IT Peter Kochanek System Administrator 60752-52000 CATV Data Support Fire Engine I n1a 1220252150 Fire Telephone Fire Engine 2 n/a 1220252150 Fire Telephone Fire Ambulance 1 n/a 2282252150 Ambulance Fund Telephone Fire Ambulance 2 n/a 2282252150 Ambulance Fund Telephone Fire Alan Sirois Fire Chief 1220252150 Fire Telephone Fire New Hire Fire Deputy 1220252150 Fire Teelepbone Fire Scott Mitchell Fire Inspector 1220252150 Fire Telephone Emergency Emergency Management .Mgt Chet Nicora Pirector 16604-52190 Line Items Telephone [God Ron Dunn IGolf Course Manager 65262-52150 Golf Teleehone INTEROFFICE MEMORANDUM TO: MAYOR RICHARD COHEN FROM: JOSEPH MINEO, CITY COUNCILOR SUBJECT: CELL PHONE USAGE DATE: 6/.9/2011 Would you kindly provide a detailed list of any and all town employees that are currently using or will be using a cell phone that is paid for out of the FYI 2 Operating Budget and/or any grants? Thank you. cc: Full Council Auditor Superintendent of Schools School Committee 1305 Springfield Street Suite 1 Agawam Public Schools Feeding Hills, MA 01030-2198 MARY A.CZAJKOWSKI.Ed D. WILLIAM P.SAPELLI,C.A.G.S. Superintendent of Schools PATRICIA A.CAVANAUGH,M.B.A.. Assistant Superintendent for Curriculurnlinstruction (413)821-0548 Assistaril Superintendent for BusinesslHurnan Resources (413)821-0568 Fax(413)789-1835 (413)821-0550 www.agawarripublicschools.org MEMO TO: Joseph Mineo, City Councilor FROM: Dr. Mary A. Czaikowski/AdL DATE: June 10, 2011 SUBJ: Cell Phone Usage I am in receipt of a copy of your memorandum dated June 9, 2011, which was sent to Mayor Richard Cohen, requesting "a detailed list of any town employees who are currently using or will be using a cell phone that is paid for out of the FY'12 Operating Budger and/or any grants." Attached is a list of those school department employees who have been issued cell phones for school business as well as the funding source noted in bold ink. The annual cost for cell phone usuAge is approximately eight thousand dollars ($8,000.00). If you have any questions regarding this information, please do not hesitate to contact me. af Attached c: Mayor Cohen P. Cavanaugh School Committee Full Council Put Children First" Agawam Public Schoo�I S 1/5111 .ADMINISTRATORS' CELL PHONE NUMBERS 2010-2011 PAID BY SCHOOL BUDGET PAID BY SCHOOL BUDGET P. CAVANAUGH M, FEELEY W. SAPELLI A. FLYNN R. JURY K POGGI S. LEMANSKI M. LEAVER S. HOFFMAN B. STACY T. SCHNEPP S. FEYRE PAID BY BEFOREIAFTER SCHOOL REVOLVING S. SCHOENBERGER A. CICHETTI N. ROBBINS M. DONOVAN" PAID BY FEDERAL COUNSELING GRANT M. CONSTANZI C. ADAMS S. FEDERICO, K. LAROCHELLE T. URBINATI M. MAYNARD C. PALAZZI M. RYCZEK S. HOWARD T. THOMAS . PAID BY ATHLETIC REVOLVING ACCOUNT J. PROVOST D. STRATTON A. RIST T. JACQUES R. FERNANDES varies H. MARGANTI varies 2 additional phones are used by coaches over the three seasons as deemed necessary. The 4 lines are necessary for the plan in use. Agawam Public Schools T cl� 130 5 S pri ngf ie ld Street Su ite 1 41 Feeding Hills, MA 01030-2198 ED MARY A.CZAJKOWSKI,Ed D. WILLIAM P,SAPELLI,C.A.G.S. Superintendent of Schools PATRICIA A.CAVANAUGH, M.B.A.. Assistant Superintendent for Curriculum/instruction (413)821-0548 Assistanl Superintendeni for BusinesslHuman Resources (413)a21-0568 Fax(413)789-1835 (413)821-0550 www.agawarnpublicschools.org MEMO TO: Joseph Mineo, City Councilor FROM: Dr. Mary A. Czajkowski DATE: June 10, 2011 SUBJ: Cell Phone Usage I am in receipt of a copy of your memorandum dated June 9, 2011, which was sent to Mayor Richard Cohen, requesting "a detailed list of any town employees who are currently using or will be using a cell phone that is paid for out of the FY'12 Operating Budger and/or any grants." Attached is a list of those school department employees who have been issued cell phones for school business as well as the funding source noted in bold ink. The annual cost for cell phone usuage is approximately eight thousand dollars ($8,000-00). If you have any questions regarding this information, please do not hesitate to contact me. af Attached c: Mayor Cohen P. Cavanaugh School Committee Full Council 1h. C1. Tut chiCcCren First" IVAgawam Public Schools 1 1/5/11 ADMINISTRATORS' CELL PHONE NUMBERS 2010-2011 PAID BY SCHOOL BUDGET PAID BY SCHOOL BUDGET P. CAVANAUGH M. FEELEY W. SAPELLI A. FLYNN R. JURY K. POGGI S. LEMANSKI M. LEAVER S. HOFFMAN B. STACY T. SCHNEPP S. FEYRE PAID BY BEFORE/AFTER SCHOOL REVOLVING S. SCHOENBERGER A. CICHETTI N. ROBBINS M. DONOVAN PAID BY FEDERAL COUNSELING GRANT M. CONSTANZI C. ADAMS S. FEDERICO K. LAROCHELLE T. URBINATI M. MAYNARD C. PALAZZI M- RYCZEK S. HOWARD T. THOMAS PAID BY ATHLETIC REVOLVING ACCOUNT J. PROVOST D. STRATTON A. RIST T. JACQUES R. FERNANDES varies H, MARGANTI varies 2 additional phones are used by coaches over the three seasons as deemed necessary. The 4 lines are necessary for the plan in use. INTEROFFICE MEMORANDUM TO: MAYOR RICHARD COHEN FROM: JOSEPH MINEO, CITY COUNCILOR SUBJECT: CELL PHONE USAGE DATE: 6/9/2011 Would you kindly provide a detailed list of any and all town employees that are currently using or will be using a cell phone that is paid for out of the FY12 Operating Budget and/or any grants? Thank you. cc: Full Council Auditor Superintendent of Schools School Committee INTEROFFICE MEMORANDUM C_ To: Councilor George Bitzas From: Vincent Gioscia,City Solicitor ;Z Subject: FY12 Operating Budget Date: June 7, 2011 Lr% 1. As the Charter States,we as a Council shall pass the budget with any amendments to cut 6rpass it without any amendments as presented. Can the City Council vote against the budget without any specific amendments and send it back to the Mayor? No. Section 5-2 of the Town Charter states the action the Council shall take regarding the budget. (a) Public Hearing -- The town council shall publish in one or more newspapers of general circulation in the town the general summary of the proposed budget as submitted by the mayor and a notice stating: (1) the times and places where copies of the proposed budget are available for inspection by the public, and (2) the date, time, and place not less than two weeks after such publication, when a public hearing on said proposed budget will be held by the town council. (b) Adoption of the Budget --The town council shall adopt the budget, with or without amendments, within forty-five days following the day the budget is received by it. (Emphasis added) In amending the budget, it may delete or decrease any programs or amounts except expenditures required by law or for debt service. Except on recommendation of the mayor, it shall not increase any amount in, or the total of,the proposed budget. If the town council fails to take action with respect to any item in the budget within forty-five days after receipt of the budget, such amount shall, without any action by the town council, become a part of the appropriations for the year and be available for the purposes specified. The emphasized language above seems to remove any discretion regarding passage. The language stated in Section 5-2 of the Town Charter is consistent with M.G.L. ch. 44 s. 32. That is, the language in the charter appears to require passage of the budget as submitted by the Mayor or with amendments. Furthermore, amendments may only decrease a program or amount except amounts required by law or for debt service. An example of matters that require funding by law would be the positions stated in section 49-7 of the Town Code. It is apparent that the Town Charter is stricter regarding action that the Council may take regarding the budget. The Charter states "shall pass" and the statute, M.G.L. ch. 44 s. 32 (attached as Exhibit 1), is permissive sating. "may by majority vote." The Town may adopt provisions within its charter that are stricter than similar provisions in the General Laws, provided that these provisions are not "inconsistent with the constitution or laws enacted by the general court." Bloom v. City of Worcester, 363 Mass. 136, 145 (1973). Generally, municipalities have considerable latitude in creating regulations involving their own governance, barring the state creating an explicit statutory system that pre-empts local regulation. Id. at 154. 2. Can the City Council tell the Mayor specifically what to cut in personnel services and/or salaries? No. The Council in amending the budget may delete or decrease any programs or amounts except expenditures required by law or for debt service. It may not tell the Mayor to cut specific personnel. Services may be construed to be included in "programs" and the Council may not cut a specific employee's salary, The Mayor has a statutory obligation to fund municipal salaries and wages in the budget. See James v. Mayor of New Bedford 319 Mass. 74 (1946) which held that M.G.L. ch. 44 ss. 32 -34 did not contravene the duty of a mayor to provide for salary increases. 3. Can the City Council simply cut a dollar amount without specific recommendations and ask the Mayor to increase the school budget or the town budget by that specific amount? No. The Council may cut the budget pursuant to its authority to amend the budget. It shall not increase any amount in, or the total of, the proposed budget without the consent of the Mayor. When examining the issue of the School portion of the budget, guidance can be gained by examining language from MGL ch. 44 s. 32, as the charter is silent. however, that in the case of the school budget or in the case of a regional school district assessment, the city council, on the recommendation of the school committee or on recommendation of a regional district school committee, may by a two-thirds vote increase the total amount appropriated for the support of the schools or for the regional district schools over that requested by the mayor; and provided,further, that no such increase shall be voted if it would render the total annual budget in excess of the property tax limitations set forth in section twenty-one C of chapter fifty-nine. MGL c. 44 s.32 Also, it is the responsibility of the framers of the budget, in Agawam the Mayor, to provide for salaries for teachers as voted by the school committee. Decatur v. Auditor of Peabody, 251 Mass. 82 (1925). Therefore, the Mayor has a responsibility to present a budget as well as provide for salaries as voted upon by the School Committee. The School Committee prepares the annual budget for the school department and the legislative body of the city or Town must appropriate the funds necessary within the framework of M.G.L. ch. 44. s. 32. See also McDuffy v. Secretary of Executive Office of Education, 415 Mass.545 (1993). 4. Can the City Council vote to reduce the salaries of Department Heads or can this only be accomplished with Union approval? The Council can vote to amend the budget and not appropriate the funds within the budget. However, this would just reopen negotiations or if negotiations result in an impasse then litigation would ensue as the unions have a right to negotiate in Massachusetts.See Labor Counsel's letter dated February 17, 2001 (attached as Exhibit 2). You should be aware that the Mayor had requested appropriations for the contracts and the Council voted not to appropriate the funds. The Council seemed, upon examining the minutes of the prior meeting on March 7,2011,to be in favor of the appropriations but was concerned about where the funding was coming from. See Minutes of Meeting attached as Exhibit 3.The budget as presented provides for the increases in salaries as negotiated by the unions and Mayor in good faith. See Mayor's Memo dated March 8, 2011, attached as Exhibit 4. 5. Can the City Council increase the town budget or the school budget? No. The Council cannot unilaterally increase the budget. The Council cannot increase any item in the budget pursuant to M.G.L. ch.44 s. 32. "it shall not(Emphasis added) increase any amount in or the total of the annual budget -nor add thereto any amount for a purpose not included therein except on recommendation of the mayor,and except as provided in section thirty-three..." M.G.L. ch. 44 s. 32. See also Flood v. Hodges 321 Mass. 252 (1918) and Whalen v. City Forester of Waltham 279 Mass. 287(1932) and Allen v. Cambridge 316 Mass, 351 (1944). 6. Can the City Council cut the Town budget and increase the school budget by that specific amount? No. See number three (3)above, ` . . General Laws: CHAPTER 44, Section 32 Page I of -- Print ' '-' '--' - ---- ------ '--------- --' ---- ------ --'-- - ----- --- -' | ' PART I ADMINISTRATION OF THE GOVERNMENT TITLE VIICITIES, TOWNS AND CHAPTER 44 MUNICIPAL FINANCE Section 32 Submission to city council; procedure for approval, rejection or alteration Section 32. Within one hundred and seventy days after the annual organization of the city government In any city other than Boston, the mayor shall submit to the city council the annual budget which shall be a statement mfthe amounts recommended by him for proposed expenditures uf the city for the next fiscal year. The annual budget shall he c|aoo|Vod and designated so as to show separately with respect to each officer, department or undertaking for wmchanappmpriationisrecommended:— ~ (1) Ordinary maintenance, which shall also |ndudedebtand Interest charges matured and maturing during the next fiscal year, and shall be subdivided asfoUows:-- ' (a) Salaries and wages of officers, oMir|a|s and employees other than laborers or persons performing the duties of |obonom; and (b) Ordinary maintenance not Included under (a); and (a) pnnp9sed expenditures for other than ordinary maintenance, Including additional equipment the estimated cost of which exceeds one thousand dollars. The foregoing shall not prevent any city, upon recommendation of the mayor and with the approval of the council, from adopting additional classifications and designations. The city council may by majority vote make appropriations for the purposes recommended and may reduce o, reject anvamountrecommendedintheannualbudget. ItshaUnut|ncreaseanyamountinorthmtnta| nf the annual budget nor add thereto any amount for a purpose not included therein except on recommendation of the mayor, and except as provided in section thirty-three; provided, however,1hat|n the case of the school budget or In the case of regional school district assessment' the city council, on the recommendation of the school committee o,on recommendation of regional district school committee' may by a two-thirds vote increase the total amount appropriated for the support of the schools o, for the regional district schools over that requested by the mayor; and provided, further, that no such Increase shall be voted If It would render the total annual budget in excess of the property tax limitations set forth In section twenty-one C of chapter fifty-nine. Except as otherwise permitted by law, all amounts appropriated by the city council, as provided In this section, shall be for the purposes specified. In setting up on appropriation order ororders based on the annual budget, the council shall use, so far as ppssib|e, the same classifications required for the annual budget. If the council fails to take action with respect to any amount recommended in the annual budget, either by approving, reducing or rejecting the same, within forty-five days after the receipt of the budget, such amount shall without any action by the council become a part of the appropriations for the year, and he available for the purposes specified. ' If, upon the expiration of one hundred and seventy days after the annual organization of the city guvornmnnt, the mayor shall nct`havesubmitted to the city council the annual budget for said year, the city council shall, upon its own initiative, prepare such annual budget by June thirtieth of such year, and such budget preparation shall be, where applicable, subject to the provisions governing the annual budget of the mayor. Within fifteen days after such preparation of the annual budget, the city council shall proceed to mot by voting thereon and all amounts so voted shall thereupon be valid appropriations for the purposes stated therein to the same extent as bttp://pww.00aJugiola1uze-Qov/Lawo/]mocru}l.owu/»artI/Tidc\/ll/Chanter44/Seutioo32/Prio1 5/31/2011 6�neral Laws: CHAPTER 44, Section 32 Page 2 of 2 though based upon a mayor's annual budget, but subject, however, to such requirements, if any, as may be imposed by law. If the council fails to take action with respect to any amount recommended in the budget, either by approving, reducing or rejecting the same, within fifteen days after such-preparation, such amount shall, without further action by the council, become a part of the appropriations for the year, and be available for the purposes specified. Notwithstanding any provisions of this section to the contrary, the mayor may submit to the city council a continuing appropriation budget for said city on a month by month basis for a period not to exceed three months If said city has not approved an operating budget for the fiscal year because of circumstances beyond its control. Nothing in this section shall prevent the city council, acting upon the written recommendation of the mayor, from voting appropriations, not In excess of the amount so recommended, either prior or subsequent to the passage of the annual budget, The provisions of this section shall apply, in any city adopting the Plan E form of government under chapter forty- three, only to the extent provided by section one hundred and four of said chapter. Neither the annual budget nor appropriation orders based thereon shall be in such detail as to fix specific salaries of employees under the direction of boards elected by the people, other than the city council. The city council may, and upon written request of at least ten registered voters shall, give notice of a public hearing to be held on the annual budget, prior to final action thereon, but not less than seven days after publication of such notice, in a newspaper having general circulation In the city. At the time and place so advertised, or at any time or place to which such public hearing may from time to time be adjourned, the city council shall hold a public hearing on the annual budget as submitted by the mayor, at which all interested persons shall be given an opportunity to be heard for or against the proposed expenditures or any Item thereof. http://www.malegislature.gov/Laws/Genera]Laws/Partl/TitleVII/Chapter44/Section32/Print 5/31/2011 OQ QJ&ff.8 73 WwA."o, -AQkAdoj 0 078 February 17, 2011 Richard A. Cohen Mayor Town of Agawam BY: Email Dear Mayor Cohen: it is my understanding that you have requested my legal opinion regarding the process for appropriation and submission of the tentative collective bargaining agreements to the Town Council. It is my further understanding that the Town Council has requested copies of the tentative collective bargaining agreements, and that the Town Council has not yet appropriated monies to fund the collective bargaining agreements. In accordance with the parties' ground rules, the bargaining process is being conducted in executive session. Therefore,until the bargaining process is complete,including appropriation of monies to fund the agreements, the documents are executive session materials. As such, it is my legal opinion that the documents cannot be released publicly. However, the parties' ground rules also provide that the parties have the right to keep their constituencies informed concerning the progress of negotiations. Therefore, it is my legal opinion that the tentative collective bargaining agreements may be released to the Town Council. The tentative collective bargaining agreements should not be released to the public and/or press, and the contents thereof, other than the appropriation amount necessary to fund the agreements,also should not be discussed publicly. The discussion regarding whether to appropriate the monies necessary to fund the collective bargaining agreements, however,would be conducted in open session as said discussion does not involve negotiation with the bargaining units. If the Town Council votes to appropriate monies sufficient to fund the agreements,then the collective bargaining agreements would become public documents subject to release. If the Town Council does not vote to appropriate monies sufficient to fund the agreements,then the parties would recommence negotiations and the tentative collective bargaining agreements would remain executive session materials. If you have any questions regarding this legal opinion,please feel free to contact me. Please provide the Town Council with a copy of this legal opinion. Sincp ly, nq ussell J.�u ere'i—". cc: Vincent Gioscia, Solicitor TowN OF AGAWAM MEMORANDUM To: Agawam City Council CC: From- Richard A. Cohen Date: March 8, 2011 Subject: Council Resolution TR-2011-18 I am sending this memorandum to clear up some of the Council's questions regarding the resolution that you defeated at last night's City Council meeting. • At the meeting I was misquoted several times. In the State of the City Address, I stated that there would be no request for an override and that taxes would be levied within the constraints of Proposition 2 1/2. This means that we will continue to operate within our means. • The Council also had concerns regarding how the negotiated increases would be funded within the budget. As in the past, all budgetary items, including raises for employees, will be accounted for in the budget process and come from cost savings, the general levy, state aid and local revenues, As always,I will continue to present a balanced budget to the City Council. • Councilor Mineo questioned why this matter was before the Council. I would like to inform Councillor Mineo that the Council leadership requested it. In the past, as Councilor Mineo noted, a resolution of this nature did not appear on the agenda. All contract appropriations were made through the budgetary process when the Council authorized budgeted appropriations. Agawam City Council Page Two March 8,2011 In closing,my administration is continuing the bargaining process with the other collective bargaining units that were not included in the resolution before you last evening. Therefore,I am unable to comment on your actions. However, my administration is available to address any questions or concerns you might have regarding the signed agreements. As ongoing negotiations conclude for all unions, the administration will return to the Council for appropriation when I submit the balanced budget for fiscal year 2012. FRom THE DESK OF... RICHARD A.COHEN MAYOR TOWN OF AGAWAM 36 MAIN ST AGAWAM,MA 0100 1 (413)786-0400 X 200 Fax:(413)786-9927 President Rheault—Nine yes, two absent, you have approved the confirmation. 2. TR-2011-18 -A Resolution to Appropriate Funds for the Agawam Clerical Employees Association,Agawam Administrative Union,Agawam Patrolmen's Association,Agawam Police Supervisor's Association and AFI, CIO Local 1973 Firefighters(Referred to Finance Committee) (Mayor) President Rheault — Moved by Councilor Walsh, seconded by Councilor Rossi. If I could just for the benefit of the audience and for a reminder to the Council -the Council's role regarding this item of Agenda is purely to; we are either to fund or not to fund, We played no role in any part of the negotiating process. Pursuant, and this is the opinion for our Labor Attorney, pursuant to the statutory collective bargaining scheme provided by Mass General Law 150E, the legislative body role is solely to approved the funding of the contracts. Do I like it? No but this is the system that we, the Council, are mandated to follow. We have nothing to say about the contracts except to say yes or no to the percentage over a three year period. With that, I'll entertain a motion to open the discussion to the floor. For the record I'm going to read the Resolution. TR-2011-18—A Resolution loAppropriatefundfor the Agawam Clerical Employees Association, Agawam Administrative Union,Agawam Police Patrolmen's Association, Agawam police Supervisor's Association, AFL-CIO Local 1973 Firefighters. WHEREAS, the Town of Agawam has negotiated Collective Bargaining Agreements with the following Unions: Agawam Clerical Employees Association, Agawam Administrative Union, Agawam Police Patrolmen's Association, Agawam Police Supervisor's Association, and the AFL-CIO Local 1973 Firefighters, and WHEREAS, the Town and those Unions have executed Settlement Agreements; and -WHEREA S, those Settlement Agreements have been rali(led and executed by the Unions; and WHEREAS, all the Settlement Agreements providefor increases osfollows: a. Effective July 1, 2010—0%FY 2011 b. Effective July 1, 2 011—I%FY 2 012 C. Effective July 1, 2012—2%FY 2013, and WHERF-4S, pursuant to Massachusetts General law Chapter 150E Section 7, the Agawam City Council must appropriate necessaryfunds; and WHEREAS, it is in the best interest of the Town ofAgawam to appropriate the necessaryfiinding. NOW THEREFORE< BE IT RESOLVED BY THE AGA IVAM TOWN COUNCIL that the Agawam Toun Council hereby approved necessary funds to fund the first year of said Agreements, said amount being $0.00. Dated today, President Rheault— Floor is open. Councilor Walsh? Did you want to say something? Finance did not meet because there was at that time no information and they cannot discuss anything regarding the contract anyway. Do you have any input John? 4 Councilor Walsh —No, I think that's true because the figures that we had in our packet was information that I think we would have needed in order to have a discussion at the Finance Committee level because we can't really discuss the contract other than the funding and we didn't get that information until it came out Friday. So the meeting had originally been scheduled for I think the prior Tuesday so we had to cancel that meeting because the figures weren't available for us to discuss. President Rheault—Councilor Rossi? Councilor Rossi —Thank you, Let me just say at the onset, I am not personally opposed to any increases for public employees. I understand their plight especially those at the lower levels. I know that their jobs are often frustrating. The pays are low and the hours are long and that can be very difficult circumstances under which to work but that being said, our role as a legislative body up here is to appropriate the funds. It is the duty of the ,municipality and collective bargaining that the community be able to identify those funds and where they're going to be coming from. I had previously asked that that be done. I asked for a breakdown department by department to find out just exactly what these costs were gonna come from I mean cost the community because they're gonna have to be added to the levy, the tax base. What I got was something I didn't quite understand, maybe my knowledge doesn't go quite that deeply, I was hoping to have a little better breakdown but what I really wanted was contract by contract, department by department, to find out just exactly where these funds are coming from and if I can draw a little example of where I'm coming from —just recently I attended a State of the City address by Mayor Cohen and in that address he keyed pretty much around the economic situation of this time which I don't have to tell anybody in this room that they are very, very difficult and our budgets right now are a little fragile. So that being said, in his statement he said he is NOT going to ask for an increase in taxes. He said that clearly. In fact he accentuated it a couple of times. That being said, how is he ever gonna give these people these percentage increases without increasing the tax? We have no knowledge of where these funds are coming from. I've asked the question. No one seems to know. I want to see a plan. Do we have a yearly plan o f where — these contracts are gonna take affect starting in next July, July I" to that June 30th — and then the subsequent year will take affect the following July — I don't see a plan on where this money's gonna come from this year. I don't see 'any projected plans on where the money's gonna come from in the succeeding years. Just exactly where's it gonna come from? I think it would be irresponsible of this body to actually go out and say and commit ourselves to 1%, 2% or any percent for that matter without exactly knowing just exactly where this money's coming from. Now I for one would like to know that before I could vote and I don't think we could vote intelligently on it and that's not to say that I am opposed to It as I said earlier. I'm not opposed to these raises. I would love to give everybody a raise and I think in some circumstances I think the people deserve even more than 2%or 3%. 1 think they do a great job. I listened to Officer O'Brien talk up here. Coming from a police background myself, I know exactly what he was talking about. It's a difficult, difficult situation to be in especially faced when you're not gonna get an increase but I can't look at it like that. I have to look at it from where I was elected to do and I what I was elected to do is watch out for the people in this community, to pay attention to their pocketbooks. 5 The people out there just cannot absorb anymore taxes. We're gonna be faced with user fees and all these other things and I know that that's not the problems of the Unions. I understand that but those are OUR problems. Those are problems that we have to deal with so until I can get a breakdown of where this money's gonna come from and as the Mayor says without raising taxes and that's why I wanted a breakdown by contract by contract. For example if we give a I% increase to say the Police Department for example and I'm not singling them out but'just as an example, if we're gonna give them a 1% increase and that amounts to or equates to a certain dollar amount, then we're gonna have to cut somewhere in that Police Department to make up that difference and that goes for the Fire and Administrative Union and the Clerical Union, If he's gonna stick to his word and we're not gonna have any increases and if you're gonna get wage increases, then we're gonna have to cut somewhere. Just exactly what's he gonna do? I'd like to see that and that's particularly my opinion at this point. President Rheault—Councilor Magovern? Councilor Magovern — I'd just like to add on a little bit as to what Councilor Rossi said. Nobody can be more supportive of the Police and the Fire of this community than I am. I've experienced the use of the Fire Department both with a house fire and I've used the EMT service with my parents. I think we have one of the best EMT services anywhere in the Valley. We have a phenomena] Fire Department. We have a great Police Department and they deserve the 2%, 3%, whatever but we're elected by the citizens of Agawam to look at the cost, look at the taxes and I know there's been no increases in COLA for Social Security for the past several years. The retirees' in this town are living on a set income. There's absolutely no way, there is no money to make up the difference. I mean Officer O'Brien stated the facts very eloquently as to why the Police Department deserved the money but by the same token he also said that they're driving around on snow tires in the middle of the summer. This also equates up to what the problem is — that if we've gotta ride around on snow tires in the middle of the summer, we don't have the money for the maintenance of the vehicles. We've gotta have the money. If we're not gonna have increases in taxes next year then we've gotta cut somewhere. It's so much easier to say yes than it is to say no but in this economy until we know exactly where the m'oney's coming from - We're looking at the loss of $2 million in federal funding, state funding, all the other fundings so we've gotta really scurry to find the money for the School Department, for the snow tires to be replaced, for all the other vehicles and it's just part of the economic hardships that we're all facing. And you're right. The Police have suffered and taken the brunt of some of these problems. We've all gotta just hang in there and hope that the economy picks up and we end up with some more industry moving into the town which is part of our overall problem. If we bring a few more businesses in, some good sized industry, we can enlarge the tax base. When we enlarge the tax base, then we'll have more money to spend but we've gotta look at where the revenue comes from and what we can do to make Agawam the jewel of the area to bring the businesses into the community to have the: tax dollars to spend on our essential services. So that's really all I have to say. Thank you and again thank you for your good work. Hang in there. Support us please. Be with us. We're trying to fight 6 this together but we're gonna have a tough time next year and the year after with taxes. Thank you. President Rheau It—Councilor Perry? Councilor Perry — Yes, thank you Mr. President. Before we get into any more of the discussion, I just want to make sure exactly what we're voting on here this evening because you've read the Resolution and if you go down to the very last line it states 'Now therefore be it resolved by the Agawam Town Council that the Agawam Town Council hereby approves the necessary funds to fund thefirst year of said agreement, said amount being zero.' Are we voting on the first year according to what it states here or all three years? I need that clarification. President Rheault—I'll give you the clarification. If you vote on the first, say you voted yes on 0%, you are also voting yes on 2% and 3%. So the vote is really for the three, not just for one. Councilor Perry—Thank you. President Rheault—Councilor Walsh? Councilor Walsh — Yes, we have a fairly good inclination of what next year is going to look like based upon state revenues and the cuts that have been proposed. We really don't know about the following years after t'hat so I think when it comes down to where's the money going to come from, it may be a matter of less than money coming in as a matter.of cutting other expenses to basically offset any increases that we have here so we might end up, when you get out into the third year of the contract with the 2% increase and if the state's still cutting the budget at that point in time, then we know what our revenues are, we have to then cut other expenses in order to fund that 2%. So we're never going to know what the future actually brings as far as the funds go but we have to I think at least go on the good faith of the negotiations that have taken place at this point and trust that the state's not going to tie our hands in the future. I think that's about all I have to say on it. President Rheault—Councilor Mineo? Councilor Mineo — Just one question and this is my twelve year on the Council and I don't ever remember doing this. For any of the contract negotiations, cuz we're not involved in the contract negotiations so I just don't understand why this is in front of us. In twelve years, I mean I've gone through, I've been around long enough where I where each department has gotten increases but we've never voted on them. I mean usually it's at budget time, isn't it at budget time when we vote? President Rheau It—No we usually vote a transfer of monies once the agreements, once, when we vote the transfer, we never realized up until a few years ago by accident, that we 7 were actually approving a three-year contract. So that brought to light a situation that got by this Council unfortunately for several years and that was brought to my attention— Councilor Mineo— I am correct in that— I know that I mean I've served with you for 12 years and George and Bobby and most of you up here, I just don't remember receiving anything like this in 12 years. President Rheault—Well what it is is you are now AWARE of what you're voting for. Councilor Mineo — Okay. Thank you. Does that mean that there's no transparency in the budget? President Rheault—Transparency? Councilor Mineo-There's so—well — President Rhe2ult—If this took place? Councilor Minco — What you're saying is there hasn't been transparency in the budget over the last— President Rheault—There wasn't because it was a separate transfer prior to budget time. Councilor Mineo- Okay. That was my question. President Rheault—Councilor Rossi? Councilor Rossi — Yea, I think maybe to clean it up a little bit. What they did was they put these increases into the budget and when the budget came to us, some of us councilors were not aware of that we were voting for salary increases and once we voted the budget through, that meant the contracts were approved. Since we became aware of the fact, we asked which is in our prerogative because the legislative branch has the obligation to appropriate the funds that are negotiated and if this Council does not appropriate those funds, we're to come back with a negative rejection and send it back to the Mayor and negotiating team to re-negotiate. I mean that's our job. That's what supposed to be our job over the years. That hasn't been our job because we haven't been aware of it because it's been put into the budget and most of us haven't been aware of it. But I think the real thing that we're looking at here is and we can sit around and talk about dollars and tax dollars until the cows come home but that's not gonna make it here, What's gonna make it here is a plan. We need a definite plan as to how we're gonna proceed with this thing. Now very specifically it says that the community has to come up with a plan,of where these funds are coming from. It has to make funds available for these contracts. Now if that hasn't been done, I think that maybe the best thing to do is and maybe if we need a little bit more time to vote on these things intelligently— I don't think anybody wants to reject these things and to sit up here and just give a blanket rejection to all these union contracts would not be unfair to anybody I mean it would be 8 unfair to everybody. What I think is I think we should send this back and we should ask quite clearly for a plan where these funds are gonna come from. If we're gonna make funds available for these contracts, where are they gonna come from? If we're supposed to be into a level budgeting contract or level budgeting budget and the Mayor has already said publicly he's not gonna increase taxes, then where are these funds gonna come from? To sit up here and say let's add 1%, 2%, or 3% and that's gonna go to the levy, I mean where else is it gonna go? If it goes to the levy� it's gonna increase the taxes. I mean that's just the way the system works. I say I want to see a plan. Not that I'm against the raises, I want to see a plan on how we're gonna do it. That's all I say. So maybe we need a little bit more time and if the Council's Oleasure is to maybe table this thing until that infon-nation comes to us, then maybe we can sit down and intelligently vote on this thing and come to a decision that makes sense. Maybe that's the answer. If that is, I'll entertain a motion to table. President Rheault—Councilor Minco? Councilor Mineo — Again, I'm not looking to reject this, I mean, and I agree with you I'd like to just know where it's coming from. I mean I would bewillingtotablethis and let the Mayor come before us or whoever and let us know what the plan is as how he's funding it. I'm not looking to vote against anything. I'm not. I'm just trying to make a sound decision here and for one I can't because I didn't understand, it's just something that's never come before us or it's never come before me in twelve years and again, it's not something I want to reject. I'd I ike to know how we're gonna pay for it too. President Rheault—Councilor Magovem? Councilor Magovern — I'm not necessarily in favor of rejecting these raises either but by the same token, I don't know how we can table this and ask the Mayor to come back with a program and a plan as to how he's gonna pay for something to years out or three years out when we have no idea what the economy's gonna be in two or three years or what our tax base is gonna be in two or three years. I think there's gotta be some way if it's a zero increase this year anyway that we go through and we vote it down — that's the best tabling one but let them re-negotiate it and come back in another year if we can and try to re-negotiate it then when we know what our tax base is. But to go back and say we want a plan when we have no idea what the economy is gonna be in two years, you know if gas goes to $5.00 a gallon, we're gonna be really in trouble but if something happens and the gas goes back down to $3.00 a gallon or $2.50, then the whole economy's gonna turn around and things are gonna be a lot differently but if you throw gas prices up, you throw the oil prices up, the energy prices up, this is gonna just devastate our budget so I don't know who's got the crystal ball to look at where the economy's gonna be in two years to come back with a plan that says this is how we're gonna pay for these increases. I wanna see everybody get paid more, I'd like to get paid more but by the same token I know our Police and our Fire deserve it. We have to be in line with the other communities because we've got some fine officers and I don't like hearing stories about them moving on to the State Police or moving on to other communities because I want to keep our well-trained officer here in.Agawam. I don't want to see them move anymore than the Fire 9 Department or anybody else but go back and table this and say there's gonna be some panacea our there, there's gonna be some program where we're gonna be able to see there's money down the road in two years—I don't see it. President Rheault—Councilor Perry? Councilor Perry — Yes, thank you Mr. President. Well that's exactly what they're .asking us to do Councilor Magovern is to look in the crystal ball and approve these increases not knowing where the money's gonna come from in year two and year three of this contract that we have before us. But it's my understanding that and I could be wrong but typically once both sides' have agreed and signed to the contract, we have thirty days in which to approve or disapprove. If no action is taken then it's automatically agreed upon by the other parties that this contract is valid and that's how it's gotten through to the budget over the last sixteen years that I've been on the Council. So I believe there is a time limit on the action that the Council has and I could be wrong but I believe we only have a certain time frame to take an action on these contracts as a legislative body and then it goes automatically right into the budget. President Rheault—I can't answer the question, I'm sorry. I think— Councilor Perry—We have to take action within 30— President Rheault— My understanding was if it goes back they have to sit down and re- negotiate. Councilor Perry — If we elect not to appropriate the funding then yes but if we do nothing— President Rheault—Oh, I see. Councilor Perry— Which we haven't done in the last sixteen years that I've been on the Council, it's automatically been if both parties agreed, no action by the Council, it's approved and it goes automatically into the budget and then at that point, we vote on the whole budget but there's no way we had any legal right to change those contracts because we did not act on them. Then I believe it's a thirty day period. President Rheault—Anyone else? CouncilorRossi? Councilor Rossi — So what we're saying is we send a no vote. We tell them to go back and re-negotiate and come back with a plan and tell us what we're gonna do. Maybe that's a sound thing, let them go back. They obviously come back and re-negotiate the same figure I would imagine or any other figure but at least you would have to deal with each additional union to find out where the money is gonna come from, maybe that probably wouldn't be a bad idea. I mean I would just hate to just say no for the sake of saying no and then say you can't do it. If we reject this thing maybe the thing to do is 10 send it back, have them re-negotiate and then they can come back with a plan and tell us how they intend to do it. President Rheault — I think we've had enough discussion in making a decision. Barbara, please call the roll. ROLL CALL — 2 YES (Councilors Bitzas and Walsh), 7 NO (Councilors Cichetti, Magovern, Messick, Minco, Perry, Rheault, and Rossi), 2 ABSENT (Councilors Letellier and Simpson) President Rheault — Seven no, two yes and two absent, we have defeated the motion. There is no further Old Business. Item Z Report of Council Commillees None. Item 8. Elections None. Item 9. Public Hear None. Item 10. OldBusiness None. Item 11. New Business 1. TO-2011-8 -Transfer from Reserve Fund (16605-57300) to City Council Professional Services (11112-52190)(Cou ncil Presiden() President Rheault—Next Agenda. Refer to the Finance Committee. 2. TO-2011-9 -A Transfer from the Reserve Fund (16605-57300) to Animal Transfer Capital Outlay(16610-new) (Mayor) President Rheault—Next Agenda. Refer to the Finance Committee. I TR-2011-19 -A Resolution regarding the Approval of an inter-Municipal Shelter Lease Agreement regarding Animal Control between West Springfield,Westfield,and the Town of Agawam (Mayor) President Rheault—Next Agenda. 878 a&�0/078 -V PM),527-4716 —ZVa-,v. rW3,)e527-(5'966 June 1, 2011 Mayor Richard Cohen Town of Agawam BY: Email Dear Mayor Cohen: It is my understanding that you have requested a status update regarding negotiations with the respective Town bargaining units. The Town reached a tentative agreement with the following bargaining units: Administrative Union, Police Patrolmen's Association, Police Supervisor's Association, Clerical Employees Association, and Firefighters Association. It is my understanding that the Council voted not to appropriate monies to fund the contracts. Subsequently, You instructed me to advise all Town bargaining units that you were requesting that they agree to forgo the I% raise and/or agree not to request an increase during the 2011-2012 contract year. I did not receive a favorable reply from any Association. The Administrative Union and the Clerical Employees Association have filed for mediation with the Division of Labor Relations. The Police Patrolmen's Association and the Police Supervisor's Association have filed with the Joint Labor Management Committee. The attorney representing the Firefighter's Association sent a letter indicating that the Association believes the collective bargaining law has been violated, but has not'filed with the Joint Labor Management Committee. The Town has also reached a tentative agreement with the Health Department Employees Association. It is my understanding that the appropriation necessary to fund the agreement is being presented to the Counkil as part of the budget. The Town has not reached agreement with the Building Maintenance Employees Association. Said Association has filed for mediatioD with the Division of Labor Relations. The Town has also not reached an Agreement with the Department of Public Works Association. The Town has filed for mediation with the Division of Labor Relations. A mediator has been assigned by the Division of Labor Relations. It is my understanding that the mediator is on leave, and will return sometime in the beginning of June. A mediator has not been assigned by the Joint Labor Management Committee. Sincerely, Russell J. Dupere, Esq. cc: Vince Gioscia, Solicitor Coleen Gruska, Personnel Director C� INTEROFFICE MEMORANDUM C_- To: Council President Donald Rheault C-) From: Vincent Gioscia,City Solicitor Subject: FY12 Operating Budget C- Date: June 7, 2011 You have asked what action the Agawam City Council may take regarding the adoption of the Annual Municipal Budget. As I am without knowledge of specific actions the Council is contemplating I must answer in the most generic terms. The Mayor has an obligation pursuant to the Town Charter to submit a budget to the city Council, see 5-1 Agawam Town Charter. Within the period prescribed by state statute,the mayor shall submit to the town council a proposed budget for the ensuing fiscal year which shall provide a complete financial plan of all town funds and activities for the ensuing fiscal year, an accompanying budget message, and supporting documents. 5-1 Town Charter. Furthermore, the Mayor has a statutory obligation to fund municipal salaries and wages in the budget. See James v. Mayor of New Bedford, 319 Mass. 74(1946). This case held that M.G.L. ch. 44 ss. 32-34 did not contravene the duty of a mayor to provide for salary increases. Section 5-2 of the Town Charter states the action the Council shall take regarding the budget. (a) Public Hearing -- The town council shall publish in one or more newspapers of general circulation in the town the general summary of the proposed budget as submitted by the mayor and a notice stating: (1) the times and places where copies of the proposed budget are available for inspection by the public, and (2) the date, time, and place not less than two weeks after such publication, when a public hearing on said proposed budget will be held by the town council. (b) Adoption of the Budget --The town council shall adopt the budget, with or without amendments, within forty-five days following the day the budget is received by it. (Emphasis added) In amending the budget, it may delete or decrease any programs or amounts except expenditures required by law or for debt service. Except on recommendation of the mayor, it shall not increase any amount in, or the total of,the proposed budget. if the town council fails to take action with respect to any item in the budget within forty-five days after receipt of the budget, such amount shall, without any action by the town council, become a part of the appropriations for the year and be available for the purposes specified. The emphasized language above seems to remove any discretion regarding passage. The language stated in Section 5-2 of the Town Charter is consistent with M.G.L. ch. 44 s. 32. That is, the language in the charter appears to require passage of the budget as submitted by the Mayor or with amendments. Additionally, amendments may only decrease a program or amount, though amounts required by law or for debt service are exempt from being decreased. An example of matters that require funding by law would be the positions stated in section 49-7 of the Town Code. The Council cannot increase any item in the budget pursuant to M.G.L. ch. 44 s. 32. "it shall not(Emphasis added) increase any amount in or the total of the annual budget nor add thereto any amount for a purpose not included therein except on recommendation of the mayor, and except as provided in section thirty-three... "M.G.L. ch. 44 s. 32. See also Flood v. Hodges 321 Mass. 252 (1918) and Whalen v. City Forester of Waltham 279 Mass. 287 (1932) and Allen v. Cambridge 316 Mass. 351 (1944). It is apparent that the Town Charter is stricter regarding action that the Council may take regarding the budget. The Charter states "shall pass" and the statute, M.G.L. ch. 44 s. 32, is permissive, stating "may by majority vote." The Town may adopt provisions within its charter that are stricter than similar provisions in the General Laws, provided that these provisions are not "inconsistent with the constitution or laws enacted by the general court." Bloom v. City of Worcester, 363 Mass. 136, 145 (1973). Generally, municipalities have considerable latitude in creating regulations involving their own governance, barring the state creating an explicit statutory system that pre- empts local regulation. Id. at 154. When examining the issue of the School portion of the budget guidance can be gained by examining language from MGL ch.44 s, 32,as the charter is silent. ... however, that in the case of the school budget or in the case of a regional school district assessment, the city council, on the recommendation of the school committee or on recommendation of a regional district school committee, may by a two-thirds vote increase the total amount appropriated for the support of the schools or for the regional district schools over that requested by the mayor; and provided, further, that no such increase shall be voted if it would render the total annual budget in excess of the property tax limitations set forth in section twenty-one C of chapter fifty-nine. MGL c. 44 s.32 Also, it is the responsibility of the framers of the budget, in Agawam the Mayor, to provide for salaries for teachers as voted by the school committee. Decatur v. Auditor of Peabody 251 Mass. 82 (1925). Therefore, the Mayor has a responsibility to present a budget as well as provide for salaries as voted upon by the School Committee. The School Committee prepares the annual budget for the school department and the legislative body of the City or Town to appropriate the funds necessary within the framework of M.G.L. ch. 44. s. 32. See also McDuffy v. Secretary of Executive Office of Education, 415 Mass.545 (1993). Owl,h Q From: Jennifer Bonfiglio Sent: Monday, June 06, 2011 1:46 PM To: barbara bard Subject: Interoffice Memo—bitzas—cpa.doc Town of Agawam Interoffice Memorandum DaW: June 6, 2011 To: Councilor George Bitzas Frorm Jennifer Bonfiglio, CPA Administrator RE: School Sports Fees In response to your question as to whether Community Preservation Funds can be used to supplement the proposes fees for Agawam High School Sports, I have included some information below which you may find helpful The CPA was intended to provide a dedicated source of funds in adopting communities for three purposes: the creation and preservation of open space (including lands for active and passive recreational use), the creation and support of affordable housing, and the preservation of historic resources. Once a community has expended or reserved at least 10% of its annual CPA revenues on each of the three required CPA project categodes above, it may use all or a portion of its remaining CPA funds (after appropriating up to 5% for the administrative expenses of its Community Preservation Committee) on land for recreational use. The definition of recreational use is included in section 2 of the CPA legislation. The focus for recreational use is on active and passive recreation, such as (but not limited to)the use of land for the following: •Community gardens •Trails • Noncommercial youth and adult sports •Parks, playgrounds or athletic fields Recreational use may not include horse or dog racing or the use of land for a stadium, gymnasium, or similar structure. This prohibition has generally been interpreted as meaning that CPA funds may be used only for outdoor, land- based recreational uses and facilities. It is important to note that the goal of CPA is to create new recreational opportunities, and therefore CPA funds cannot be used on land that is already designated for recreational use. This was reinforced in a 2008 Massachusetts Supreme Judicial Court case, Seideman v. City of Newton, in which residents challenged the city's proposed use of CPA funds on two ,pre-existing parks. The justices ruled on the side of the plaintiffs, stating that "creation" does not include "new recreational uses on existing land already devoted to the purpose." I hope this answers all of your questions. Feel free to contact me if you have any additional questions. INTEROFFICE MEMORANDUM TO: MAYOR RICHARD COHEN FROM: DONALD RHEAULT, COUNCIL PRESIDENT SUBJECT: UNION CONTRACTS DATE: JUNE 1, 2011 It is my understanding that several union contracts other than the five (5) that were sent back for renegotiation by the City Council are included in the FYI 2 Operating Budget submitted for review. Would you kindly provide this office a copy of each of the collective bargaining agreements that are included in the FYI 2 Operating Budget? Thank you*for your assistance. FA AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 N May 26, 2011 PRESIDENT Donald M Rheauh VICE PRESIDENT Robert E. Rossi COUNCILORS Lois Strong George Bitzas 37 Ridgeway Drive James P. Cichetti Feeding Hilis, MA. 0 1030 Gina M. Letellier Robert A. Magovern Dear Ms. Strong: Jill S. Messick Joseph Mineo Thank you for your letter regarding Mrs. Janice Truelove. On behalf of the Agawam Dennis J Perry City Council, please allow.me to respond. Jill P, Simpson John F Walsh Unfortunately, the City Council has no authority to specify where the Superintendent ADMINISTRATIVE of Schools'and members of the-School Commince establish their budget priorities. ASSISTANT However, the Sc'h.00l Committee has already voted to approve their budget. I would Barbaro A. Bard suggest if your feel this strongly that you should arrange a meeting with the Superintendent or address this issue during Citizen's Speak Time at a School Committee meeting. While I appreciate your concern, let me reiterate that the City Council has no authority with respect to these cuts however; I wi[I certainly forward your letter to the Full Council for their review. Sincerely, ct. Donald M. Rheault City Council President DMR/bb TELEPHONE (413) 786-0400 Ext. 233 FAX (413) 786-9927 EMAIL bbard@agawarn,ina,us 37 Ridgeway Ur. Feeding Hills, MA 01030 May 20, 2011 To Whom it Mdy Concern: I am writing this letter on behalf of Mrs. Janice Truelove. I am an Agawam resident and a parent of three boys ( Joe,Anthony, and Angelo DePolma)who went through the Agawam Public school system. If it weren't for people like Janice Truelove my family's experience would not have been as successful. Without being asked, she continually_goes "above and beyond" to help all students at Agawam H.S. She takes an active interest in all the students' she deals with on a day to day basis. My personal experience with Janice was during my youngest son's senior year. Janice always "followed up" with a phone call to notify me if my son was tardy, not in school, skipping classes etc.She really cared about Angelo.To this day, she still supports him in his current career. I consider her�a valued employee and most importantly, a friend. It would be a loss for the High School to lose Janice as a secretary. Sincerely, ot� Lois Strong ZC, ZN7 INTEROFFICE MEMORANDUM TO: VINCE GIOSCIA, CITY SOLICITOR FROM: COUNCILOR GEORGE BITZAS SUBJECT: FY12 OPERATING BUDGET DATE: 5/24/2011 Per my telephone conversation with Thomas last week, below are some of the questions I have received from constituents about the Town Budget process. Although I feel I have the correct answer, I would appreciate written clarification from the law department. In the event this topic comes up during the June 20"' public hearing, 1 would like to have the answers readily available. I. As the Charter states, we as a Council shall pass the budget with any amendments to cut or pass it without any amendments as presented. Can the City Council vote against the budget without any specific amendments and send it back to the Mayor? 2. Can the City Council tell the Mayor specifically what to cut in personnel, services and/or salaries? 3. Can the City Council simply cut a dollar amount without specific recommendations and ask the Mayor to increase the school budget or the town budget by that specific amount? 4, Can the City Council vote to reduce the salaries of Department Heads or can d-iis only be accomplished with Union approval? 5. Can the City Council increase the town budget or the school budget? 6. Can the City Council cut the town budget and increase the school budget by that specific amount? These questions are a sample of what I am hearing from the residents of our town. Your response, guidance and additional comments are greatly appreciated. Thank you. cc: Full Council Mayor Section 3. (a) Sections 3 to 7, inclusive, shall take effect in any city or town upon the approva by the legislative body and their acceptance by the voters of a ballot question as set forth In this section. (b) Notwithstanding the provisions of chapter 59 or any other general or special law to the contrary, the legislative body may vote to accept sections 3 to 7, Inclusive, by approving a surcharge on real property of not more than 3 per cent of the real estate tax levy against real property, as determined annually by the board of assessors. The amount of the surcharge shall not be included in a calculation of total taxes assessed for purposes of section 21C of said chapter 59. (c) All exemptions and abatements of real property authorized by said chapter 59 or any other law for which a taxpayer qualifies as eligible shall not be affected by this chapter. A taxpayer receiving an exemption of rea'I property authorized by said chapter 59 or any other law shall be exempt from any surcharge on real property established under this section. The surcharge to be paid by a taxpayer receiving an abatement of real property authorized by said chapter 59 or any other law shall be reduced in proportion to the amount of such abatement. (d) Any amount of the surcharge not paid by the due date shall bear interest at the rate per annum provided in section 57 of said chapter 59. (e) The legislative body may also vote to accept one or more of the following exemptions: (1) for property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the city or town; (2) for class three, commercial, and class four, industrial, properties as defined in section 2A of said chapter 59, in cities or towns with classified tax rates; or (3) for $100,000 of the value of each taxable parcel of residential real property. (f) Upon approval by the legislative body, the actions of the body shall be submitted for acceptance to the voters of a city or town at the next regular municipal or state election. The city or town clerk or the state secretary shall place it on the ballot in the form of the following question: "Shall this (city or town) accept sections 3 to 7, inclusive of chapter 44B of the General Laws, as approved by its legislative body, a summary of which appears below" (Set forth here a fair, concise summary and purpose of the law to be acted upon, as determined by the city solicitor or town counsel,:Including in said summary the percentage of the surcharge to be imposed.) If a majority of the voters voting on said question vote in the affirmative, then its provisions shall take effect in the city gr town,.bu notL(LtherwLse. (g) The final date for notifying or filing a petition with the city or town clerk or the state secretary to place such a question on the ballot shall be 35 days before the city or town election or 60 days before the state election. (h) If the legislative body does not vote to accept sections 3 to 7, inclusive, at least 90 days before a regular city or town election or 120 days before a state election, then a question seeking said acceptance through approval of a particular surcharge rate with exemption or exemptions, may be so placed on the ballot when a petition signed by at least 5 per cent of the registered voters of the city or town requesting such action is filed with the registrars, who shall have seven days after receipt of such petition to certify its signatures. Upon certification of the signatures, the city or town clerk or the state secretary shall cause the question to be placed on the ballot at the next regular city or town election held more than 35 days after such certification or at the next regular state election held more than 60 days after such certification. (i) With respect to real property owned by a cooperative corporation, as defined in section 4 of chapter 157B, that portion which is occupied by a member under a proprietary lease as the member's domicile shall be considered real property owned by that member for the purposes of exemptions provided under this section. The member's portion of the real estate shall be represented by the member's share or shares of stock in the cooperative corporation, and the percentage of that portion to the whole shall be determined by the percentage of the member's shares to the total outstanding stock of the corporation, including shares owned by the corporation. This portion of the real property shall be eligible for any exemption provided in this section if the member meets all requirements for the exemption. Any exemption so provided shall reduce the taxable valuation of the real property owned by the cooperative corporation, and the reduction in taxes realized by this exemption shall be credited by the cooperative corporation against the amount of the taxes otherwise payable by or chargeable to the member. Nothing in this subsection shall be construed to affect the tax status of any manufactured home or mobile home under this chapter, but this subsection shall apply to the land on which the manufactured home or mobile home is located if all other requirements of this clause are met. This subsection shall take effect in a city or town upon its acceptance by the city or town. Section 4. (a) Upon acceptance of sections 3 to 7, inclusive, and upon the assessors'warrant to the tax collector, the accepted surcharge shall be imposed. (b) After receipt of the warrant, the tax collector shall collect the surcharge in the amount and according to the computation specified in the warrant and shall pay the amounts so collected, quarterly or semi-annually, according to the schedule for collection'�of property taxes for the tax on real property, to the city's or town's treasurer. The tax collector shall cause appropriate books and accounts to be kept with respect to such surcharge, which shall be subject to public examination upon reasonable request from time to time. (c) The remedies provided by chapter 60 for the collection of taxes upon real estate shall La ly to the surcharag_Qn real pfqp rt r:�L ant t�o th15 a ter. pg_ Section 5. (a) A city or town that accepts sections 3 to 7, inclusive, shall establish by ordinance or by-law a community preservation committee. The committee shall consist of not less than five nor more than nine members. The ordinance or by-law shall determine the composition of the committee, the length of its term and the method of selecting its members, whether by election or appointment or by a combination thereof. The committee shall include, but not be limited to, one member of the conservation commission established under section 8C of chapter 40 as designated by the commission, one member of the historical commission established under section 8D of said chapter 40 as designated by the commission, one member of the planning board established under section 81A of chapter 41 as designated by the board, one member of the board of park commissioners established under section 2 of chapter 45 as designated by the board and one member of the housing authority established under section 3 of chapter 121B as designated by the authority, or persons, as determined by the ordinance or by-law, acting in the capacity of or performing like duties of the commissions, board or authority if they have not been established in the city or town. If there are no persons acting in the capacity of or per-forming like duties of any such commission, board or authority, the ordinance or by-law shall designate those persons. (b)(1) The community preservation committee shall study the needs, possibilities and resources of the city or town regarding community preservation, The committee shall consult with existing municipal boards, including the conservation commission, the historical commission, the planning board, the board of park commissioners and the housing authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one or more public informational hearings on the needs, possibilities and resources of the city or town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the city or town. (2) The community preservation committee shall make recommendations 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, the reuse of existing buildings or construction of new buildings on previously developed sites. (3) The community preservation committee may include in its recommendation to the legislative body a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation. (c) The community preservation committee shall not meet or conduct business without the 2resence pf a yorum. A Ma _q jorit f the mombeLs Qf thp communit y preservation commiLtee shall constitute a quorum. The community preservation committee shall approve its actions b majority vote. Recommendations to the legislative body shall include their anticipated costs. (d) After receiving such recommendations from the community preservation committee, the legislative body shall then take such action and approve such appropriations from the Community Preservation Fund as set forth in section 8, and such additional appropriations as it deems appropriate to carry out the recommendations of the community preservation committee. (e) For the purposes of community preservation and upon the recommendation of the community preservation committee, a city or town may take by eminent domain under chapter 79, the fee or any lesser interest in real property or waters located in such city or town if such taking has first been approved by a two-thirds vote of the legislative body. Upon a like recommendation and vote, a city or town may expend monies in the Community Preservation Fund, if any, for the purpose of paying, in whole or in part, any damages for which a city or town may be liable by reason of a taking for the purposes of community preservation. (f) Section 16 of chapter 30B shall not apply to the acquisition by a city or town, of real property or an interest therein, as authorized by this chapter for the purposes of community preservation and upon recommendation of the community preservation committee and, notwithstanding section 14 of chapter 40, for purposes of this chapter, no such real property, or interest therein, shall be acquired by any city or town for a price exceeding the value of the property as determined by such city or town through procedures customarily accepted by the appraising profession as valid. A city or town may appropriate money in any year from the Community Preservation Fund to an affordable housing trust fund. Section 6. In every fiscal year and upon the recommendation of the community preservation committee, the legislative body shall spend, or set aside for later spending, not less than 10 per cent of the annual revenues in the Community Preservation Fund for open space, but not including land for recreational use, not less than 10 per cent of the annual revenues for historic resources and not less than 10 per cent of the annual revenues for community housing. In each fiscal year, the legislative body shall make such appropriations from the Community Preservation Fund as it deems necessary for the administrative and operating expenses of the community preservation committee, but the appropriations shall not exceed 5 per cent of the annual revenues in the Community Preservation Fund. Funds that are set aside shall be held in the Community Preservation Fund and spent in that year or later years, but funds set aside for a specific purpose shall be spent only for the specific purpose. Any funds set aside may be expended in any city or town in the commonwealth. The community preservation funds shall not replace existing operating funds, only augment them. Section 7. Notwithstanding the provisions of section 53 of chapter 44 or any other general or special law to the contrary, a city or town that accepts sections 3 to 7, inclusive, shall establish a separate account to be known.As the Community Preservation Fund of whigh thg municipal treasurer shall be the custodian. The authority to approve expenditures from the fund shall be limited to the legislative body and the municipal treasurer shall pay such expenses in accordance with chapter 41. The following monies shall be deposited in the fund: (a) all funds collected from the real property surcharge or bond proceeds in anticipation of revenue pursuant to sections 4 and 11; (b) all funds received from the commonwealth or any other source for such purposes; and (c) proceeds from the disposal of real property acquired with funds from the Community Preservation Fund. The treasurer may deposit or invest the proceeds of the fund in savings banks, trust companies incorporated under the laws of the commonwealth, banking companies incorporated under the laws of the commonwealth which are members of the Federal Deposit Insurance Corporation or national banks, or may invest the proceeds in paid up shares and accounts of and in co-operative banks or in shares of savings and loan associations or in shares of federal savings and loan associations doing business in the commonwealth or in the manner authorized by section 54 of chapter 44, and any income therefrom shall be credited to the fund. The expenditure of revenues from the fund shall be limited to implementing the recommendations of the community preservation committee and providing administrative and Lopgratin ex -nses_Lo the comm-idee. PUBLIC HEARING-AGAWAM CITY COUNCIL The Agawam City Council,will conduct a public hearing on Monday, June 20, 2011 at 7:00 p.m. at the Roberta G Doering School,68 Main Street,Agawam,MA on the proposed.Annual Operating Budget for Fiscal Year 2012 as submitted to.the City Council by the Mayor. The annual operating budget for FY2012 is available for public inspection at the City Clerk's Office, 36 MainStreet, Agawam, MA between the hours of 8:30 a.m. to 4:30 p.m., Monday through Friday. The Annual Operating Budget for Fiscal Year 2012 is also available at the Agawam Public Library, 750 Cooper Street,Agawam MA and the Agawam Senior Center,954 Main Street,Agawam,MA By Order of.'Donald M.Rheault City Council Presidcnt CHART OF APPROPRIATIONS-FISCAL YEAR 2012-BUDGET DEPARTMENT Pesonnel Purchased Capital Services Services Supplies Outlay TOTAL GENERAL OPERATING BUDGET Council $158,363 $10,600 $335 $0 $169,298 Mayor $284,135 $950 $0 $0 $285,085 Administrative Building $21,129 $302,275 so $0 $323AA Law Department $41,800 $�9,500- $0 $0 $121,300 .Auditor $149,890 $125 $0 $0 $150.015 Clerk/Elections $216,623 $2�655 $0 $0 $219.278 Assessor $193,429 $53,300 $0 so $246,729 IT $133.617 - $56,873 $12,950 so $203,440 Treasurer/Col lector $274.974 $13.500 $0 S4,800 $293,274 Police Department S4,201,095 $85,446 $30.323 $27,125 $4.343,989 Fire Department $3,342,977 $108,850 $21750 $0 $3.474,577 Inspection Services $271,680 $0 $0 $0 $271,680 Health Department $572,948 $2,600 $2,500 $0 $578.048 Planning and Community Development $125,036 $253 $0 $0 $125,289 Agawam Public Library $87 1�146 $6,325 $118,878 $0 $996,349 Parks&Recreation $146,039 $11,030 $1.000 $5.200 $163,269- Council on Aging $274,916 S80,800 $0 $0 $355,716 DPW Administration $45�7 1� $3,800 $50 $0 $49,565 Highway&Grounds $1,087,593 $274,880 $390,865 $0 $1.753,338 Motor Vehicle Maintenan6e $181,129 $59,115 $407,670 $0 $647.914 Engineering $163.899 $18,292 $1,200 so $183,391 Building Maintenance $2,019,237 $1,567,113 $145,522 so $3.731.872 Agawam Public Schools $34,194,167 Emergency Management $15,250 $17,945 $0 so $33.195 'Line Items $20,138.020 TOTAL-GENERAL OPERATING BUDGET $73,052,202 CAPITAL IMPROVEMENT BUDGET $495,428 TOTAL GENERAL FUND $73,547,631) SELF SUSTAINING DEPARTMENTS Wastewater Department $541,723 $2,709,275 $55,252 $0 $3,306,250 Wastewater Capital Improvement Budget $47,174 1 $47,[47 Wastewater Total $3,353,424 Water Department $817,769 $2,333,422 $467.583 $0 $3,618,774 Water Capital Improvement Budget $35,995 $35,995 Water Total $3,654,769 Agawam Municipal Golf Course $416,745 $129,850 $172,400 $0 018.995 Agaviam Municipal Golf Course F4uipment $60,000 $6o,000 Agawam Municipal Golf Course Total $778,995 TOTAL-SELF SUSTAINING DEPARTMENTS $7,787,188 TOTAL-GENERAL FUND AND SELF SUSTAINING DEPARTMENTS $81,334,818 6/2/10 Ile A �J. ANTONIO BRUNO LUKE JODOIN A.J.COLSON MICHAELLLOYD MICHAEL DeSTEFANO JOHN PASSERINI GRIFFIN GADREAULT CODY PLAMONDON CHRIS GAGE CAM RANDALL DOMINIC GRASSETTI PAUL TAFT BRYCE HATCH A COACHES:HOWAFW ROUMS-ROSN UNDALL- STMM GRAMM In the 11-12 Division: Players: Antonio Bruno, A.J. Colson, Michael DeStefano, Griffin Ga- dreault, Chris Gage, Dominic Grassetti, Bryce Hatch, Luke Jodoin, Michael Lloyd, John Pas- serini, Cody Plamondon, Cam Randall and Paul Taft. The manager is Howard Rogers and coach Rusty Randall. 'Spot Screech' promotion moves on SPRINGFIELD —The Springfield Falcons continued to win a prize pack. their first"Spot Screech"promotion on Monday.May 23 Screech's [our began on May 18 and May 23, which using their Official Facebook Page (Official Springfield will be followed by scheduled stops on June 6, June 13 Falcons)&s,a platform to giveaway weekly prize packs to and June 20. Locations for'Screech's visits will randomly randomly selected fans. he selected throughout the surrounding Pioneer Valley On May 18 and May 23, the Falcons' official mascot and Northern Connecticut communities, "Screech"was stationed in high traffic areas, something Ticket packages for the 2011-12 season are currently the bird will do on a regular basis promoting the Falcons on sale andcan be purchased by calling the Falcons Of- brand and interacting with individuals at each stop on fice at 413-739-3344. The Falcons offer a variety of flex- the tour. At each location Screech visits.a photo will be ible ticket options including: full season plans,22-game added to the Falcons' Official.Facebook Page highlight- packages, 14-game plans and 7-game packages. Each ing his appearance and there will be an opportunity for package includes flexible payment plans and q'xclusive. fans to guess where Screech was visiting. One random invites to special events held throughout the season. winner will be chosen from each week's correct entries A AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS - 0 1001 LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING' AGAWAM CITY COUNCIL PRESIDENT Donald M, Rheauh VICE PRESIDENT The Agawam City Council will conduct a public hearing on Monday, Robert E. Rossi June 20, 2011, at 7:00pm, at the Roberta G. Doering School, 68 Main COUNCILORS Stre'et, Agawam, MA on the-proposed Annual Operating Budget f�ri George Bilzas Fiscal Year 2012 as submitted to the City Council by.the Mayor. The James P. Cichetti annual Operating budget for FY2012 is available for public inspection Gina M. Letellier at. the City Clerk's Office, 36 Main Street, Agawam, MA between the Robert A. Magovern hours of 8:30arn to 4:30pm, Monday through Friday. The Annual Jill S. Messick Joseph Mineo Operating Budget for Fiscal Year 2012 is also available at the Dennis j Perry Agawam Public Library, 750 Cooper Street, Agawam, MA and the Jill P. Simpson Agawam Senior Center, 954-Main Street, Agawam, MA.. John F Walsh ADMINISTRATIVE BY ORDER OF: ASSISTANT Barbara A. Bard Donald M. Rheault City Council President TO BE ADVERTISED ON 6/2/10 (see attachment) zic JIM TELEPHONE (413) 786-0400 Fxt. 233 Z, FAX (413),786-9927 EMAIL bbard@agawammaus CRART OF APPROPRIATIONS FISCAL YEAR 2012 BUDGET Perso msed - Capital DEPARTMENT Services I Services Suppli ay TOTAL GENERAL OPERATING BUDGET Council $158,363 $10,6. 00 $335 $169,298 Mayor $284,135 $950 S285,085 Administrative Building $21,129 $302,275 $323,404 Law Department $41,800 $79,500 $121,300 Auditor $149,890 $125 $150,015 Clerk/Elections $216,623 $2,655 $219,278 AssesSOT $193,429 $53,300 $246,729 IT $133,617 $56,873 $12,950 S203,440 Treasurer/Collector $274,974 $0,500 $0 $4,800 $293,274 Police Department $4,201,095 $85,446 $30,323 $27,125 $4,343,989 Fire Department $3,342,977 $108,850 $22,750 $3,474,577 IrLspection Services $271,680 $271,680_ Health Department $572,948 $2,600 $2,500 $578,048 Planning and Conununity Development $)25,036 $253 $125,289 Agawam Public Library $871,146 $6,325 $118,878 $996,349 Parks&Recreation $146,039 $11,030 $1,000 $5,200 $163,269 Council on Aging $274,916 $80,800 $355,716 DPW Administration $45,715 $3,800 $50 $49,565 Highway&Grounds $1,087,593 $274,880 $390,865 $1,753,338 Motor Vehicle Maintenance $181,129 $59,115 $407,670 $647,914 Engineering $163,899 $18,i9-2 $1,200 $183,391 Building Maintenence $2,019,237 $1,567,113 $145,522 $3,731,872 Agawam Public Schools $34,194,167 Emergency Management $15,250 S17,945 $33,195 Line Items $20,138,020 TOTAL-GENERAL OPERATING BUDGET $73,052,202 CAPITAL IMPROVEMENT BUDGET $495,428 TOTAL GENERAL FUND $73,547,630_ SELF SUSTAINING DEPARTMENTS Wastewater Department $541,723 $2,709,275 $55,252 $3�306,250 Wastewater Capital ImMvement Budget $47,174 $47,174 Wastewater Total $3,353,424 Water Deparunent $817,769 $2,333,422 $467,583 $3,618,774 Water Capital Improvement Budget $35,995 $35,995 Water Total $3,654,769 Agawam Municipal Golf Course $416,745 $129,850 $172,400 $718,995 Agawain Municipal Golf Course Equipment $60,000 $60,000 ftawam Mumcipal Golf Course Total $778,995 rOTAL-SELF SUSTAINING DEPARTMENTS S7,787,188 iTOTAL-GENERAL FUND AND SELF SUSTAINING DEPARTMENTS $81,334,918 Page I I a 0 a o a � 0 o � � 0 0 0 0 0 10, SIC) 0 a I 910 ID cm 0 1 (g) C3 1 gal P: CD 0 a 19 cz 0 0 I no 9 9 r OC==3 C=g on cm ON 0 cc�D cigi: CK== cg 0 JN a 0 � o 0 � oC9° o � a cl 0 0 no FE: Qb om (9 0 o � o E 0 a9 Cq 00 0 D Q D 9 a o ° a Q o� a� o o c= Lp GoO o Lp oa0 �= o C9d <g ° ° o Lo a 0 � LD ° 8 Ole � C, g Lp 0 4� goo o �D � ° p 0 o • ono Q2 a V d� j� // 'li r D a D D D of [� • o 0 o Qo • •gcz) • • (Z) m cm m m ca m d ca [a d D CD � �o o • o 0 oQ • o Q (NC�] C�ICC�] CC�IC�I � 00 oa oa o0 00 °0 00 d� _o �o D e D � a a a � D a ) o 0 0 Q D � a o D � a J` oc� Col of ors D a � D O 0 9LQ 00 � o �a 0 o a � � 0 a 00 a � � � Q 0 0 0 a � 0 a i .a D D \ a ° o � � 0 00 Lp ° o U 0 o �� a o Qu ( o 0 QCl �� Co- OC= D o 0 c p 0 O 00 a � 0 Q � oE ago � ° a Q � � � no � Q a 0 0 O D ° c 6� A A D D D . 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