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05-04-2015 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated May 4, 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 Letellier) Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, James Cichetti, Council President Christopher Johnson, Joseph Mineo, Vice President Dennis Perry, Donald Rheault, Robert Rossi and Anthony Suffriti. Councilor Letellier would be a little late. 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 Three citizens were signed up to speak. Gary O’Brien spoke in opposition to TR-2015-22 stating that as a police officer one takes an oath to “enforce laws” and age 65 is the mandated retirement age period. Joseph Davis spoke in support of TR-2015-22 saying the special police are ready to protect and serve and should be allowed to work through their 60’s. John Coughlin also spoke asking for speed limit to be reduced on Springfield Street and to increase the lighting in that area as well as repairing the sidewalks which are in extremely poor condition causing people to walk in the street. Item D. Minutes 1. Regular Council Meeting – April 21, 2015 Motion to approve the April 21, 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: 9 Yes, 0 No and 2 Abstentions (Councilors Calabrese and Letellier) Item E. Declaration from Council President Council President Johnson read the Notice of APR project name Sloan ID#15C01 for property located on Barry Street in Feeding Hills, MA. into record.  Item F. Presentation of Petitions, Memorials & Remonstrances 1. 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) Motion to approve made by Councilor Calabrese and seconded by Councilors Cichetti and Rheault. The vote was 11 YES, 0 N0 in favor. 2. 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) Motion to approve made by Councilor Bitzas and seconded by Councilor Letellier. As Chair of the Legislative Committee, Councilor Cichetti provided a report. Discussion began with Councilor Bitzas stating he was in favor for many reasons including special police are dedicated and only perform the jobs when regular police officers are not available and are required to have an annual physical. Councilor Letellier also supported this item stating being physical and mentally fit is not limited to age. If the Chief of Police felt an individual were no longer fit for duty, then she has faith he would remove him from service. She also stated that in the event of an emergency, it is good to have them. Councilor Cavallo also mentioned the he agreed that the Chief maintains control over the Special Police and was satisfied enough that he would vote in favor. Councilor Rossi cited many laws mandating the retirement age of police officers as well as state troopers. He also stated that if the Special Police has the same power as a regular police officer, then they should have the same standards, rules, guidelines and retirement requirements as them as well. He feels that this resolution was placed on the Council Agenda for the benefit of only a few and not in the town’s best financial interest and urged the Council to look carefully at this. Council President Johnson stepped from the Chair to state that the distinction gets lost with the resolution and he cannot reconcile it and believes it should be redrafted to specify the Special Police work only for road details up to age 70. If there was truly a shortage of officers in the case of an emergency, they could still work and do not need full policing powers. Councilor Letellier also mentioned that the Special Police are not taking jobs away from regular Police Officers. If there were no available jobs, then the Special Police would not be needed. Council President Johnson said there indeed is a need for specials to fill the open jobs that the regular Police Officers cannot do and again suggested a redraft of the item. Councilor Bitzas said he agreed with Councilor Letellier and reminded everyone that we aren’t the only town to have this in front of them – that there are 121 towns that have already passed this. Councilor Rossi replied that he didn’t know where that information came from and most of the communities in Western Massachusetts do not have it and we cannot compare the Town of Agawam with some of the small rural towns – many of whom do not have actual police forces or have only a few. Councilor Cavallo said we should have faith in the Chief to oversee this program. Councilor Rheault wondered why this was coming in front of the Council at this point? Why change it if it already makes sense? He won’t support it and commented to Councilor Cavallo that teaching into your 70’s is NOT the same as working as a Special Police Officer into their 70’s. The vote was 4 YES (Councilors Bitzas, Cavallo, Letellier and Suffriti), 7 NO (Councilors Calabrese, Cichetti, Johnson, Mineo, Perry, Rheault and Rossi). The item was defeated. 3. 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) Motion to approve was made by Councilor Letellier and seconded by Councilor Cavallo. As Chair of the Community Relations Committee, Councilor Calabrese provided a report and mentioned the memo from Chris Sparks supporting and explaining this item basically due to construction costs being less than the grant received. A reauthorization was needed to spend the CPA funds. Councilor Bitzas said the ground breaking was last week and didn’t cost the town anything to which Council President Johnson reminded him that technically CPA funds are coming from the town. The vote was 11 YES, 0 NO in favor. Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings 1. TR-2015-21 (PH-2015-2) - A Resolution adopting the Fiscal Year 2016- 2020Capital Improvement Program. Public Hearing Date set for June 1, 2015 (Mayor) Referred to Finance Committee) Motion to table made by Councilor Cavallo and seconded by Councilor Perry. The voice vote was unanimous. Item 10. Old 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) Motion to approve made by Councilor Suffriti and seconded by Councilor Perry. Councilor Rheault, as Vice Chair of the Finance Committee, provided a report. The vote was 11 YES, 0 NO in favor. 2. TO-2015- 17 - An Order granting or renewing an Automatic Amusement PERMIT for Six Flags New England, 1623 Main Street, Agawam, MA. (Clerk) Motion to approve was made by Councilor Rossi and seconded by Councilor Cichetti. Councilor Rossi, as Chair of the Administrative Committee, provided a report and sent a positive recommendation from his committee. The vote was 11 YES, 0 NO in favor. 3. TO-2015-18 - Budgetary Transfer of $30,000.00 from Police Regular Permanent Account (#12101-51010) to Police Overtime Account (#12101 51030) (Mayor) Motion to approve was made by Councilor Letellier and seconded by Councilor Cavallo. Councilor Rheault again provided the report saying the Finance Committee sent a positive recommendation for approval. The vote was 11 YES, 0 NO in favor. 4. TO-2015-19 - Budgetary Transfer of $30,000.00 from Police Court Time Account (#12101 51080) to Police Overtime Account (#12101-51030) (Mayor) Motion to approve was made by Councilor Letellier and seconded by Councilors Cichetti and Perry. Councilor Rheault again provided the report saying the Finance Committee sent a positive recommendation for approval. The vote was 11 YES, 0 NO in favor. Item 11. New Business 1. TO-2015-20 - An Order granting a Class 2 Dealer’s LICENSE to Malkoon Motor Sales, Inc., 825 Springfield Street, Agawam, MA. (Clerk) Next Agenda, referred to Administrative Committee. 2. TO-2015-21 - An Order granting or renewing a Junk Dealer’s PERMIT for T’s Jewelers, 559 Springfield Street, Feeding Hills, MA. (Clerk) Next Agenda, referred to Administrative Committee. 3. TO-2 015-22 - A budgetary transfer of $234,018.56 for the Department of Public Works from the Reserve Fund 16605-57300 to Highway Ice Control Materials (14203-52210) (Mayor) Next Agenda, referred to Finance Committee. 4. TR-2015-24 - A resolution accepting a gift from Ronald Waite pursuant to Massachusetts General Laws Chapter 44, Section 53A to the Agawam Golf Course. (Mayor) Next Agenda. 5. TR-2015-25 - A resolution authorizing the appropriation to fund deficits in Snow and Ice overtime and equipment rentals snow accounts (Mayor) Next Agenda, referred to Finance Committee. Item 12. Any other matter that may legally come before the City Council. Councilor Calabrese began commending the Mayor and Department Heads for professional appearance at recent meeting with the Lt. Governor at the Library. She learned quite a bit from the Chief Gillis’ presentation. Councilor Mineo asked for a Verizon tower update. Councilor Letellier mentioned the horrible pot holes on Main Street by Valenti’ and Dunkin Donuts and wondered when the budget books would be received. (Since received on May 7, 2015 as planned) Council President Johnson mentioned these budget books would be scanned individually by tab/line item and suggested a resolution from the Council regarding the potholes might get more attention. Adjournment. The Motion to adjourn was moved and seconded with all in favor of adjourning. The time of adjournment was 8:04pm.