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02-05-2015 REGULAR COUNCIL MEETINGSPECIAL MEETING OF THE AGAWAM CITY COUNCIL Minutes dated February 5, 2015 Meeting was called to order by President Johnson at 7:00pm at the Auditorium at the Roberta G. Doering School, 68 Main Street, Agawam. Item A. Roll Call ROLL CALL – 10 PRESENT, 1 ABSENT (Councilor Rossi) Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, James Cichetti, Council President Christopher Johnson, Gina Letellier, Joseph Mineo, Vice President Dennis Perry, Donald Rheault and Anthony Suffriti. Robert Rossi was absent. With ten councilors present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. President Johnson asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen’s Speak Time Louis Russo was the only citizen signed up to speak. He spoke in support of TR-2015-5 and the need for charter change in our town. This resolution would keep a check and balance. He stated he was in favor of a mayor recommending department heads but felt the Council should have the ability to confirm such appointments. Item D. Minutes Motion to approve the January 20, 2015 Regular City Council meeting minutes was made by Councilor Cavallo and seconded by Councilors Cichetti and Letellier. The minutes were approved by a voice vote of: 9 Yes, 0 No, 1 Absent and 1 Abstention (Councilor Calabrese). Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2015-3 - A Resolution confirming the appointment of Nicholas Pandolfi, 16 Wisteria Lane, Agawam, MA 01001 to the Planning Board to a term expiring January 1, 2018 (Mayor) Motion to approve made by Councilor Cavallo and seconded by Councilors Cichetti and Perry. The vote was 10 YES, 0 N0, 1 ABSENT (Councilor Rossi) Council President expressed gratitude for his continued service to the town. 2. TR-2015-4 - A Resolution approving the revised job description for the Council appointed Auditor position (Council) Motion to table made by Councilor Cichetti and seconded by Councilor Mineo. The voice vote was unanimous. 3. TR-2015-6 - A Resolution confirming the reappointment of David Cecchi, 29 Albert Street, Agawam, MA to the Historical Commission to a term expiring January 1, 2018 (Mayor) Motion to approve made by Councilor Rheault and seconded by Councilors Cichetti and Letellier. The vote was 10 YES, 0 N0, 1 ABSENT (Councilor Rossi) Council President expressed gratitude for his continued service to the town. 4. TR-2015-7 - A Resolution authorizing the Town of Agawam to expend funds in excess of available appropriation for snow and ice removal (Mayor) Motion to approve made by Councilor Calabrese and seconded by Councilor Mineo. Council President noted that this only authorizes the Administration to exceed the available appropriation for snow and ice removal. This will be followed up at the end of the season with actual transfers for the funds. Councilor Letellier commended them on the most detail we’ve ever received. She said it was nice to see and was grateful to the Mayor for this information. The vote was 10 YES, 0 N0, 1 ABSENT (Councilor Rossi) Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings 1. PH-2015-1 (TOR-2015-1) - Public Hearing set for March 2, 2015 - An Ordinance to amend the Code of the Town of Agawam to add section 180-95A to assist the Council in Zone Change requests involving the Wireless Telecommunications Overlay District (Councilors Rossi, Letellier and Perry) (Referred to Legislative Committee) Motion to table made by Councilor Cichetti and seconded by Councilor Perry. Approved by voice vote. Item 10. Old Business 1. TO-2015-5 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Richard Conlon Jr. d/b/a Motor City Car Co., 91 Ramah Circle, Agawam, MA. 01001 (Clerk) Motion to approve by Councilor Rheault and seconded by Councilor Cichetti. The vote was 10 YES, 0 N0, 1 ABSENT (Councilor Rossi) Item 11. New Business 1. TR-2015-5 - A Resolution petitioning the General Court of the Commonwealth of Massachusetts for the enactment of Special Legislation amending Section 3-3 of the Agawam Home Rule Charter, subject to voter approval, to require City Council confirmation of Mayoral appointment of Department Head Positions (Councilor Suffriti) Next Agenda, referred Legislative Committee. Anthony Suffriti made a point of information and read a letter into record to withdraw this item. Motion made to withdraw made by Councilor Suffriti and seconded by Councilor Mineo. Councilor Letellier suggested waiting to Old Business to vote. She would like to hear his reasons for withdrawing. She didn’t think it was an emergency to vote at that time and should wait. Others may want to sponsor it themselves or make amendments. Council President suggested referring it to the Legislative Committee. Councilor Bitzas stated that if sponsor wanted to withdraw, he has the right. Council President said that is not been done in past practice which was confirmed by Councilor Rheault. Councilor Mineo asked to see that in the Rules and said it should be in our Rules and goes on record as being opposed to this and feels Councilor Suffriti should be able to remove the item. The Council President as Chair made the ruling to refer the item to the Legislative Committee. Councilor Rheault stated the every item has a docket number and it takes a vote yes or no to remove it and since it’s under New Business a vote cannot be taken. Councilor Cavallo agreed with Councilor Mineo and until he sees something in writing, then Councilor Suffriti should have the right to withdraw the item. Councilor Bitzas asked to continue the discussion. Council President stated the ruling had been made and if anyone wished to challenge the Chair please do so otherwise we will move on. Councilor Bitzas stated that it didn’t make sense to refer to a committee if the sponsor was withdrawing the item and this hadn’t happened in any of the years he was on Council. Council President does not deny his right to withdraw but since Councilor Letellier made her suggestion, he ruled that the best way was to refer it to the Legislative Committee and questions can be asked and it can then be withdrawn in writing. 2. TO-2015-6 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device and Weekly Amusement Permit for Springfield Turnverein located at 60 North Westfield Street, Feeding Hills, MA 01030 (Clerk) Next Agenda, referred Administrative Committee. 3. TO-2015-7 - Transfer of $900.00 from Council Professional Services (#11112- 52190) to Council Equipment, Maintenance & Repair (#11112-52030) in the amount of $400.00 and to Council Travel In-State (#11112-52090) in the amount of $500.00 (Council) Next Agenda, referred to Finance Committee. 4. TO-2015-8 - Transfer of $460.00 from Uniform Allowance (#12201-51070) to Science College (#12201-51120) (Mayor) Next Agenda, referred to Finance Committee. 5. TO-2015-9 - Transfer of $300.00 from Longevity (#12201-51400) to Science College (#12201-51120) (Mayor) Next Agenda, referred to Finance Committee. 6. TR-2015-8 - A Resolution confirming the reappointment of Richard Bennett, 29 Willowbrook Drive, Agawam, MA to the Historical Commission to a term expiring January 1, 2018 (Mayor) Next Agenda. 7. TR-2015-9 - A Resolution confirming the appointment of Sandra Hottin, 12 Rowley Street, Agawam, MA. to the Agawam Housing Authority to a term expiring the second Monday in January, 2018 (Mayor) Next Agenda. 8. TR-2015-10 - A Resolution confirming the appointment of Mary Jo Safford, 92 Juniper Ridge Drive, Feeding Hills, MA to the Board of Health to a term expiring the first Monday in February, 2018 (Mayor) Next Agenda. 9. TOR-2015-2 - An Ordinance to Amend the Code of the Town of Agawam to Add Section 49-9 entitled Marking of Municipal Vehicles(Councilors Rheault and Rossi) (Two Readings Required) Next Agenda, referred to Legislative Committee. Item 12. Any other matter that may legally come before the City Council. Councilor Letellier reminded everyone about the Agawam Rotary’s Winter Warm Up fundraiser on February 18th. Also wanted some research done on other towns with mayoral form of government – do they have City Council approval for department heads? Councilor Suffriti reminded people to check on elderly neighbors during this intense cold. Councilor Perry spoke regarding withdrawal of the item earlier. In most cases, he stated, it is submitted in writing however no action is taken under New Business and agreed with Council President’s ruling to refer the item to the sub-committee and put the withdrawal in writing. Councilor Mineo agreed with Dennis but as Gina asked, it should be okay to re-sponsor the item and stated if Councilor Suffriti wanted to withdraw it, he should be allowed to. Councilor Cichetti reminded everyone of the upcoming Legislative Committee and asked to add to the Agenda the review of the Rules (and again asked for comments from Council), the vehicle ordinance and TR-2015-5 as well. Barbara will switch the Ad Hoc Golf Committee meeting with the Legislative Committee meeting. Councilor Calabrese thanked the Emergency Management team for their great job during all these storms. They have kept the town well-informed. Adjournment. The Motion to adjourn was moved and seconded all around the house with all in favor of adjourning. The time of adjournment was 7:25pm.