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04-21-2015 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated April 21, 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 – 9 PRESENT, 2 ABSENT (Councilors Calabrese and Letellier) Roll Call was taken with the following councilors present: George Bitzas, Paul Cavallo, James Cichetti, Council President Christopher Johnson, Joseph Mineo, Vice President Dennis Perry, Donald Rheault, Robert Rossi and Anthony Suffriti. Councilors Calabrese and Letellier were absent. With nine 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 Two citizens were signed up to speak. The first was Michele Labonte-Veras who spoke about Common Core standards and an upcoming informational session on May 18th at 6:30pm at the Agawam Senior Center. Henry Kozloski also clarified the breakdown of CPA funding for the athletic facility at the high school. Item D. Minutes 1. Regular Council Meeting – April 6, 2015 Motion to approve the April 6, 2015 Regular City Council meeting minutes was made by Councilor Cavallo and seconded by Councilor Cichetti. The minutes were approved by a voice vote of: 8 Yes, 0 No and 2 Absent (Councilors Calabrese and Letellier), 1 Abstention (Councilor Rheault) Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2015-16 - A Resolution adopting the latest revision of the Rules and Regulations of the Agawam City Council (City Council) (Referred to Legislative Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Rossi. Councilor Cichetti as Chair of the Legislative Committee provided a report sending a positive recommendation to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Calabrese and Letellier). 2. TR-2015-17 - A Resolution accepting a Grant from the Commonwealth of Massachusetts Emergency management Agency pursuant to Massachusetts General Laws Chapter 44, Section 53A to Agawam Emergency Management in the amount of $12,435.00 (Mayor) Motion to approve made by Councilor Suffriti and seconded by Councilor Mineo. Council President noted that this was an allocation grant that is done on an annual basis. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Calabrese and Letellier). 3. TR-2015-18 - A Resolution authorizing the Mayor to enter into a Lease Agreement between the Town of Agawam and MC Catering (Mayor) (Referred to Community Relations Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Rheault. Councilor Bitzas as Vice-Chair of the Community Relations Committee provided a report stating that this is for Borgatti Field concession and all monies are to stay in the Park and Recreation Department for that field. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Calabrese and Letellier). 4. TR-2015-19 - A Resolution confirming the appointment of Mario Tedeschi, 150 Juniper Ridge Drive, Feeding Hills, MA 01030 to the Agawam Board of Registrars to a term expiring April 1, 2019 (Mayor) Motion to approve made by Councilor Suffriti and seconded by Councilors Bitzas and Mineo. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Calabrese and Letellier). Council President Johnson thanked Mr. Tedeschi for his continued service to the town. Item 7. Report of Council Committees None. Item 8. Elections 1. TE-2015-3 - Election of a member of the Community Preservation Act Committee to a term expiring April 30, 2018 Council President Johnson noted that these two elections were for the at-large CPA members. The name of Richard Maggi was placed into nomination by Councilor Mineo and seconded by Councilor Cavallo. No other name was nominated. Councilor Rheault moved to close nominations which was seconded by Councilor Rossi. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Calabrese and Letellier) for Richard Maggi. Council President Johnson thanked him for his continued service to the town. 2. TE-2015-4 - Election of a member of the Community Preservation Act Committee to a term expiring April 30, 2018 The name of Raymond Moreau was placed into nomination by Councilor Bitzas and seconded by Councilor Mineo. No other name was nominated. Councilor Rheault moved to close nominations which was seconded by Councilor Rossi. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Calabrese and Letellier) for Raymond Moreau. Council President Johnson also thanked him for his continued service to the town. Item 9. Public Hearings None. Item 10. Old Business 1. TOR-2015-4 - An Ordinance to Amend the Code of the Town of Agawam by adding Chapter 178 Fingerprint-based Criminal Record Background Checks (Mayor) (2 of 2 readings) (Tabled 4/6/15) (Referred to Legislative Committee) Motion to remove the item from the table made by Councilor Cavallo and seconded by Councilor Cichetti. Councilor Cichetti provided an updated report from the Legislative Committee stating the Police Chief Gillis further explained the difference between CORI checks and fingerprint checks with respect to the National Database. Motion to approve the second and final reading of this item was made by Councilor Rossi and seconded by Councilors Cichetti and Cavallo. Discussion began with Councilor Rossi questioning the fee portion of this ordinance believing $100 is way too high and should be reduced. Vendors need to be re-fingerprinted every year because prints are not retained if there are no findings. Councilor Rossi made the Motion to reduce the fee to $75 ($35 for the fingerprint fee and $45 for the General Reserve) and seconded by Councilor Rheault. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Calabrese and Letellier) passing the amended (six votes were required). Council President stated that this item was placed on the Agenda without supporting documentation. It shouldn’t be up to the City Council to have to pull information out of the Administration. Motion to approve the second and final reading as amended was approved with a vote of 9 YES, 0 NO, 2 ABSENT (Councilors Calabrese and Letellier) (eight votes were required) 2. TOR-2015-5 - An Ordinance creating the position of Chief Procurement Officer as required by Massachusetts General Law (Councilors Cichetti, Suffriti, Mineo, Bitzas and Cavallo) (1 of 2 Readings) (Referred to Legislative Committee) Motion to approve was made by Councilor Bitzas and seconded by Councilor Cichetti. Councilor Cichetti as Chair provided a Legislative Committee report stating that his committee would like to see this position do both the town and school side of the procurement and he personally placed this on the Agenda because he was trying to work with the Administration to do what’s best for the town. The Legislative Committee gave no recommendation on the item. Discussion started with Councilor Rossi stating the draft was weak and extremely vague and hoped for more details on the guidelines to follow. He was not opposed per se to this position but the administration must get their ducks in a row first. Councilor Bitzas and Councilor Rheault said they’d like to see the Mayor put it in the budget instead. Councilor Cichetti stated he was just trying to move things forward. He read the following letter into record:  Motion to remove the item from the Agenda was made by Councilor Cichetti. He then withdrew his motion so other councilors could speak. Councilor Rossi stated he has no problem with them creating this position. Councilor Mineo, as a sponsor, thought it was a good idea and most cities and towns have a procurement officer. Councilor Cavallo said it was unfortunate that this discussion has gone on far too long and just put it in the budget. Council President Johnson stepped from the Chair to say he thought it was a waste of time. If the Mayor wanted it, it should go to the unions, set a salary and then come to the Council with a proposal. CPO only deals with contracts $25,000 and up and there aren’t many to his knowledge. If there isn’t a CPO in town, it is because the Mayor has not designated one. When Chris was mayor, he designated himself so the town was in compliance. If they want this position, then the Mayor should get the information and make his case. Councilor Rheault asked why would we go forward with this. The Department Heads are paid very well and should be doing this themselves. If the Mayor wants this then he should have sponsored it himself. He feels it’s a big waste of money and is building a bureaucracy. Councilor Bitzas thanked Councilor Cichetti for doing all of the work on this item. He would second his Motion to withdraw and also mentioned that there is probably a lot of money in the town that was lost because we do not have this position. Motion to withdraw the item made by Councilor Cichetti and seconded by Councilor Bitzas. The vote was 6 YES (Councilors Bitzas, Cavallo, Cichetti, Mineo, Perry and Suffriti), 3 NO (Councilors Johnson, Rheault and Rossi) and 2 ABSENT (Councilors Calabrese and Letellier). The item was withdrawn. Item 11. New Business 1. TO-2015-16 - Budgetary Transfer from Building Maintenance Regular Permanent (#11921-51010) of $10,000.00 to BuildingMaintenance Overtime(#11921-51030) for additional funds to cover unanticipated shortage due to two unfilled positions. (Mayor) Next Agenda; referred to Finance Committee. 2. TO-2015- 17 - An Order granting or renewing an Automatic Amusement PERMIT for Six Flags New England, 1623 Main Street, Agawam, MA. (Clerk) Next Agenda; referred to Administrative Committee. 3. TO-2015-18 - Budgetary Transfer of $30,000.00 from Police Regular Permanent Account (#12101-51010) to Police Overtime Account (#12101 51030) (Mayor) Next Agenda; referred to Finance Committee. 4. TO-2015-19 - Budgetary Transfer of $30,000.00 from Police Court Time Account (#12101 51080) to Police Overtime Account (#12101-51030) (Mayor) Next Agenda; referred to Finance Committee. 5. TR-2015-20 - A Resolution confirming the appointment of Timothy McGrew, 99 Red Fox Drive, Feeding Hills, MA 01030 to the Agawam Board of Registrars to a term expiring April 1, 2019 (Mayor) Next Agenda. 6. TR-2015-21 - A Resolution adopting the Fiscal Year 2016- 2020Capital Improvement Program. Set Public Hearing Date – suggest June 1, 2015 (Mayor) Next Agenda; referred to Finance Committee. 7. TR-2015-22 - A Resolution requesting the Agawam City Council petition for the enactment of Special Municipal Legislation concerning the retirement of Special Police Officers in the Town of Agawam (Mayor) Next Agenda; referred to Legislative Committee. 8. TR-2015-23 - A Resolution revising appropriation requirement from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the creation of a dog park as a recreational use at Shea Field (CPA) Next Agenda; referred to Community Relations Committee. Item 12. Any other matter that may legally come before the City Council. Councilor Cavallo complained that he feels there’s a problem with scheduling sub-committee meetings and that all four sub-committee should have regularly scheduled monthly meetings and also wanted to know the budget review dates. Councilor Mineo said regarding any of the referred items to his committee, please remember to send any questions or comments to him or to Barbara BEFORE his sub-committee meeting so we don’t wait until the night the Council votes on something and table the item. Councilor Rossi said he had a lot of questions immediately come to mind regarding New Business item TR-2015-22 and that there was no backup with it and the Chief should be invited to the sub-committee meeting. Adjournment. The Motion to adjourn was moved and seconded with all in favor of adjourning. The time of adjournment was 7:46pm.