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02-17-2015 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated February 17, 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, Robert Rossi and Anthony Suffriti. With eleven 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 Corinne Wingard was the only citizen listed to speak. She spoke about the importance of Charter Review and asked for the formation of a committee to review the outdated charter. Item D. Minutes Motion to approve the February 5, 2015 Special City Council meeting minutes was made by Councilor Letellier and seconded by Councilor Cichetti. The minutes were approved by a voice vote of: 10 Yes, 0 No and 1 Abstention (Councilor Rossi). Item E. Declaration from Council President Council President discussed procedures, Council Rules and Roberts Rules. He stated that Roberts Rules of Order are specifically designed to conduct business. They are not enforceable and not allowed in a court of law. Council President and Vice President agree that from this point on, once the Council President makes a ruling, a question may always be asked through a Point of Order however if the council member does not agree with the ruling, they may challenge through a Motion with a first and second. This would require a majority vote. The Council can always specify this in our Rules and Regulations or change the procedure. However, once the item has been discussed and acted upon, no further discussion will be allowed under Item L “Any other matter that may legally come before the City Council”. Council President takes full responsibility for allowing it to happen in the past but this will no longer be allowed. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2015-4 - A Resolution approving the revised job description for the Council appointed Auditor position (Council) Motion to remove from the table made by Councilor Rheault and seconded by Councilor Mineo. The voice vote was unanimous. As Chair of the Legislative Sub-Committee, Councilor Cichetti provided a report. After a lengthy discussion with the Auditor who provided additional wording concerning compensatory time for attending meetings and other language, the committee voted unanimously with a 5-0 vote to recommend the revised job description to the Full Council. Council President stated he would take Councilor Cichetti’s report as a Motion to amend the job description attached to TR-2015-4 to reflect the changes made in the Legislative Sub-Committee meeting which was seconded by Councilor Mineo. Council President asked about Section 3 regarding the Council President and/or Vice President notifying the Council. He wanted specifics regarding this additional wording. Councilor Letellier recollected from the meeting that Councilor Cavallo initiated this wanting to set a deadline to receiving information so the Council doesn’t hear about things through the media. She agreed that a 48 hours deadline would be beneficial however maybe it’s better suited in another area. Councilor Calabrese agreed that the 48 hours pertained to the one of four actions the Council President/Vice President would perform. Council President suggested changing the wording from 48 hours to two business days. Councilor Cavallo stated that he indeed was the one who suggested it and his concern was regarding items more urgent in nature. Council President asked for Motion to amend the amendment – made by Councilor Cavallo and seconded by Councilor Cichetti. The Motion was voice unanimous. Council President also suggested changing the wording regarding earning compensatory time for attending meetings after hours. He noted that during his tenure as mayor, department heads were not allowed this and he had an issue with this item that the Auditor added. Councilor Cavallo stated that Cheryl said that this information is from the Administrative Union contract for department heads. The committee thought it was a fair request. Vice President Perry asked if this was to adjust hours as comp time or adjusting Cheryl’s salary. Councilor Mineo stated that Cheryl was here at meeting for 1 ½ hours – she should be allowed to go in to work later and that was no additional compensation. Councilor Rossi said that this was a reasonable request. Councilor Mineo questioned the legality of adding this language. He wanted to make sure the Council was doing it properly and legally. Council President Johnson thought this might have to be done via Ordinance as the Auditor’s salary is currently done by Ordinance not by job description. Councilor Rossi said technically as her employers, the Council could do whatever we wanted. Council President reiterated that the ordinance specifically references the Auditor’s salary. Councilor Cichetti suggested tabling this item until we could straighten out the confusion however Councilor Letellier noted that Cheryl said she took this language right out of the Admin contract but she agreed with tabling the item. Council President also added that regarding communication to the Full Council that specifically the Administrative Assistant be added to that item since Barbara is the hub of our information, she needs to be included in all communication. Motion to table made by Councilor Cavallo and seconded by Councilor Cichetti. The vote was voice unanimous. 2. 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) Motion to withdraw the item and remove it from the Agenda made by Councilor Suffriti and seconded by Councilor Mineo. Councilor Bitzas asked the Solicitor for a written opinion and as he had stated previously, there was nothing in the Council Rules or Charter pertaining to withdrawing an item. Councilor Rossi stated that the Council should establish a procedure regarding withdrawals and that we are a self-governing body and can do what we want for the most part. Council President Johnson stated that once an agenda is published, it is no longer the sponsor’s property and becomes the responsibility of the Council to act upon. The vote was 8 YES (Councilors Bitzas, Calabrese Cavallo, Cichetti, Johnson, Mineo, Perry and Rheault), 1 NO (Councilor Rossi) and 2 ABSTENTIONS (Councilors Letellier and Suffriti) 3. 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) Motion to approve made by Councilor Cichetti and seconded by Councilors Perry and Cavallo. The vote was 11 YES, 0 NO. 4. 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) Motion to approve made by Councilor Rheault and seconded by Councilor Cichetti. The vote was 11 YES, 0 NO. 5. 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) Motion to approve made by Councilor Calabrese and seconded by Councilor Suffriti. The vote was 11 YES, 0 NO. The Chair extended his thanks to all of the above for their commitment on these boards and to the town. 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) (Tabled February 17, 2015) Item 10. Old Business 1. 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) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that his committee met and found no issues with this item. The sent a positive recommendation to the Full Council. The vote was 10 YES, 0 NO, 1 ABSTENTION (Councilor Johnson). 2. 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) Motion to approve made by Councilor Cavallo and seconded by Councilor Mineo. As Chair of the Finance Committee, Councilor Mineo provided a report stating that there was no discussion or issue with this item and his committee gave a unanimous positive recommendation for passage. The vote was 11 YES, 0 NO. 3. TO-2015-8 - Transfer of $460.00 from Uniform Allowance (#12201-51070) to Science College (#12201-51120) (Mayor) Motion to approve made by Councilor Cavallo and seconded by Councilor Rheault. As Chair of the Finance Committee, Councilor Mineo again provided a report stating that there was no discussion or issue with this item and his committee gave a unanimous positive recommendation for passage. Councilor Rheault commented that the information provided by the Fire Chief was great. This type of back up information makes it so much easier to understand the reasoning behind the transfer and it is appreciated. Council President Johnson and Councilor Calabrese agreed that the Fire Chief is always extremely forthcoming with information. The vote was 11 YES, 0 NO. 4. TO-2015-9 - Transfer of $300.00 from Longevity (#12201-51400) to Science College (#12201-51120) (Mayor) Motion to approve made by Councilor Cavallo and seconded by Councilor Calabrese. As Chair of the Finance Committee, Councilor Mineo again provided a report stating that there was no discussion or issue with this item and his committee again gave a unanimous positive recommendation for passage. The vote was 11 YES, 0 NO. 5. 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) Motion to approve the first reading made by Councilor Rossi and seconded by Councilor Letellier. As Chair of the Legislative Committee, Councilor Cichetti provided a report stating that there was much discussion about this item. There was a Motion to amend the ordinance to specify that the cars for the Chief and Mayor have municipal plates but no seals was made by Councilor Cavallo and seconded by Councilor Bitzas. The motion was defeated by a vote of 2– 3. There was another Motion to send a positive recommendation for the approval of the item made and this was also defeated by a vote of 2– 3. Councilor Letellier commented that there was much more discussion in the sub-committee meeting and would like that information noted in the committee notes in the future. She felt the overall sentiment at that meeting was that most felt that the Police Chief should have a seal or tag on his car but the rest of the municipal cars should. There was no consensus regarding the Mayor’s car but she felt his car should have a municipal plate but there was no consensus regarding a town seal. She would suggest tabling this item to eliminate the Police Chief from the wording in the Ordinance and focus more on the Mayor’s car. Councilor Calabrese believed that exempting the Police Chief makes sense but believe both the town seal and municipal plates should be on the Mayor’s car and also believe it is appropriate to table this item. Councilor Rossi thought the general consensus in his view was that all the cars should have municipal plates. He believes all town vehicles should have both and doesn’t understand why they wouldn’t. The citizens pay for these vehicles and have the right to know which cars are town vehicles. Councilor Cavallo made the Motion at the meeting to try to reach a happy medium. He believe there is no need to table this item – we table too many as it is – we’ve talked too much about the item and should leave it as it is and vote on it. Councilor Rheault recollected that all municipal vehicles should have plates. For over twenty years that car has had a municipal plate. Why all of a sudden does the Mayor’s car not have a blue municipal plate? All municipal cars should at least have these plates although he concedes that the Police Chief’s car shouldn’t have a town seal. Councilor Rheault strongly urged the Council to put municipal plates on all town vehicles. Councilor Bitzas said there are more important things going on in this town and we should spend our time doing these other things and not wasting time on this. He does not support this. He stated that all vehicles have plates and why can’t the Mayor have a car? Why are we bickering about these small things? Councilor Letellier suggested amending the section to indicate exempting the Police Chief. She also stated that when Inspection Services drives up to a house that the person would have no idea who it was until this person knocked on the door and identified himself. Inspection Services cars definitely should be identified and marked. We should not “poo-poo” this, by doing so it shows a lack of understanding of the issue. Councilor Mineo stated that in fifteen years he never recalls an issue with respect to this and he agreed we’ve have spent enough time on this matter. Motion to amend made by Councilor Letellier and seconded by Councilor Perry was approved by a vote of 7 YES (Councilors Calabrese, Johnson, Letellier, Perry, Rheault, Rossi and Suffriti), 4 NO (Councilors Bitzas, Cavallo, Cichetti and Mineo) The main Motion as amended was defeated by a vote of 7 YES (Councilors Calabrese, Johnson, Letellier, Perry, Rheault, Rossi and Suffriti), 4 NO (Councilors Bitzas, Cavallo, Cichetti and Mineo). Item 11. New Business 1. TO-2015-10 - Voucher List for $399.99 (Council) Next Agenda also please note that the amount is $404.98 now that the actual invoice has been received. 2. TO-2015-11 - An Order Granting or Renewing a Class 2 Dealer’s LICENSE for Auto Point Motors, 1039 Springfield Street, Feeding Hills, MA 01030 (Clerk) Next Agenda and referred to the Administrative Committee. 3. TR-2015-11 - A Resolution confirming the appointment of Violet Baldwin, 1245 Main Street, Agawam, MA. 01001 to the Planning Board to a term expiring January 1, 2018 (Mayor) Next Agenda. 4. TR-2015-12 - A Resolution confirming the appointment of F. William Euliano, Jr., 38 High Meadow Road, Feeding Hills, MA. 01030 to the Board of Health to a term expiring the first Monday in February, 2018 (Mayor) Next Agenda. 5. TR-2015-13 - A Resolution confirming the appointment of Ronald J. Hamel, 52 Federal Avenue, Agawam, MA to the Agawam Veteran’s Council to a term expiring April 1, 2018 (Mayor) Next Agenda. 6. TO-2015-12 - Voucher List for $2056.87 (Council) Next Agenda. Item 12. Any other matter that may legally come before the City Council. Councilor Rheault asked the Chair of the Rules (Legislative Committee) to suggest a Council Workshop to review the Rules and Regulations of the City Council. Council President stated he and Council Vice President recently talked about having a workshop and suggests having at the next scheduled Legislative Committee meeting on the second Wednesday in March. He would like all rule changes sent in to Barbara to generate a list which would make it easier to review during the workshop. Councilor Cavallo stated that he picked up information from the recent School Committee budget finance committee meeting and would get it to the Council and also gave a brief report from that meeting. Councilor Letellier agreed that it would be good to have a workshop regarding the Rules. She wanted to ask the Council to start looking at the Revolving Accounts so at budget time, everyone is on the same page. Superintendent Sapelli approached her and knowing that she always has comments and concerns regarding these accounts, he offered to meet with the Council regarding all the school Revolving Accounts. Councilor Mineo and Council President Johnson agreed that it was a good idea. Councilor Mineo said there are so many transfers on the school side that have no explanation or back up information on their Agenda. It would be good to know what and why things are happening. Councilor Cavallo did not agree that that was necessary. Councilor Letellier mentioned that if Superintendent Sapelli did not have a problem discussing any of this information, then why would anyone else have a problem? Councilor Bitzas would also like a review in the Rules of order and decorum of fellow councilors. He also stated that many citizens have praised the DPW for their good work regarding snow removal. Adjournment. The Motion to adjourn was moved and seconded all around the house with all in favor of adjourning. The time of adjournment was 8:11pm.