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12-19-2016 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated December 19, 2016 Meeting was called to order by Council President Cichetti at 7:00pm in the Auditorium of the Roberta G. Doering School, 68 Main Street, Agawam. Item A. Roll Call ROLL CALL –10 PRESENT, 1 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, Council President James Cichetti, Christopher Johnson, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. Councilor Gina Letellier was absent. With ten present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. Council President Cichetti asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen’s Speak Time Deputy Fire Chief Calvi spoke in support of the contracts as written. Item D. Minutes 1. Regular Council Meeting – December 5, 2016 Motion to approve made by Councilor Rheault and seconded by Councilor Cavallo. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2016-75 - A Resolution to appropriate $77,303.00 from the General, Unreserved, Undesignated Fund Balance (Free Cash) to the Salary Reserve Fund for Agawam Police Supervisor’s Association, Agawam Clerical Employee’s Association, Agawam Department of Public Works Employee’s Association, Agawam Patrolman’s Association, Agawam Building Maintenance Association, Agawam Administrative Union, AFL-CIO, Local 1973, Firefighters Association. (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Bitzas and seconded by Councilor Cavallo. Councilor Theroux excused himself from the meeting floor and the vote as he has an immediate family member involved. Councilor Theroux left the room. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a brief discussion regarding the fact that the Mayor has exceeded the funding provided in the FY17 annual operating budget by almost $80,000 in negotiating with the unions and given the financial impact of over $400,000 per year (not including school department raises) for the next three fiscal years of these raises on the taxpayers, there was a motion to send no recommendation to the Council made by Councilor Cavallo and seconded by Councilor Calabrese. Vote: 3 Yes, 1 No (Johnson) and 1 Absent (Theroux) Discussion began with Councilor Rossi stating that the negotiations were done incorrectly and benefits shouldn’t have been included. Councilor Johnson stated that there are more than the 2% Cost of Living increases and the public should be aware of the extras negotiated with the AFD, Building Maintenance Dept and APD. He noted that this was the most important vote that the Council takes every three years and binds the town for the current fiscal year as well as the next two AND it didn’t include the School Department raises. He also said he didn’t say that employees didn’t deserve but wanted it on the record. Councilor Cavallo wanted it clarified that it wasn’t a negative recommendation from the Finance Committee but a vote to not make any recommendation to allow the Council to make their own decisions. He also noted he was not against the two percent increases. Councilor Johnson again noted that this item is just the excess and that the Mayor overshot the budget by $77,303.00. The vote was 6 YES (Councilors Bitzas, Cavallo, Cichetti, Johnson, Mineo and Suffriti), 3 NO (Councilors Calabrese, Rheault and Rossi), 1 ABSENT (Councilor Letellier), and 1 ABSTENTION (Councilor Theroux) approving the item. (Please note that Councilor Theroux returned) 2. TR-2016-69 - A Resolution to Appropriate Funds for the Agawam Police Supervisors Association , Agawam Clerical Employee’s Association, Agawam Department of Public Works Employee’s Association, Agawam Police Patrolman’s Association, Agawam Building Maintenance Association, Agawam Administrative Association, AFL-CIO, Local 1973, Firefighters Association. (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Bitzas and seconded by Councilor Cavallo. As Chair of the Finance Committee, Councilor Johnson provided his report stating that after brief discussion regarding the contents of the “Settlement Agreements” between the town and the unions, there was a motion to send a positive recommendation to the Council made by Councilor Cavallo and seconded by Councilor Calabrese. Vote 3 Yes (Calabrese, Cavallo & Johnson) 0 No and 2 Abstention (Letellier and Theroux) Councilor Johnson also noted that for the public’s information the appropriation was for current fiscal year raises of almost $400,000.00. The vote was 9 YES, 1 NO (Councilor Rheault), 1 ABSENT (Councilor Letellier) approving the item. 3. TR-2016-70 - A Resolution to appropriate $4,185.00 from the Agawam Municipal Golf Course Retained Earnings account to fund the Agawam Municipal Golf Course Regular and Permanent and Golf Overtime Accounts. (Mayor) (Referred to Finance Committee)  Motion to approve made by Councilor Bitzas and seconded by Councilor Theroux. As Chair of the Finance Committee, Councilor Johnson provided his report stating that after a brief discussion regarding whether it is a better practice to have a line item in self-sustaining departments for salary reserve rather than appropriate it from retained earnings, there was a motion to send a positive recommendation to the Council made by Councilor Calabrese and seconded by Councilor Cavallo. Vote: 4 Yes, 0 No and 1 Abstention (Letellier) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. 4. TR-2016-71 - A Resolution to appropriate $7,394.00 from the Agawam Wastewater Department’s Retained Earnings account to fund the Wastewater Department Regular Permanent, Regular Temporary and Wastewater Overtime accounts. (Mayor) (Referred to Finance Committee)  Motion to approve made by Councilor Bitzas and seconded by Councilor Suffriti. As Chair of the Finance Committee, Councilor Johnson provided his report stating that after a brief discussion regarding the impact of this item on sewer rates given the Mayor’s desire to raise sewer rates by over 60% in the next five years, there was a motion to send a positive recommendation to the Council made by Councilor Calabrese and seconded by Councilor Cavallo. Vote: 4 Yes, 0 No and 1 Abstention (Letellier) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. 5. TR-2016-72 - A Resolution to appropriate $14,592.00 from the Agawam Water Department’s Retained Earnings account to fund the Water Department Regular Permanent, Regular Temporary and Water Overtime accounts. (Mayor) (Referred to Finance Committee)  Motion to approve made by Councilor Bitzas and seconded by Councilors Suffriti and Cavallo. . As Chair of the Finance Committee, Councilor Johnson provided his report stating that after a brief discussion there was a motion to send a positive recommendation to the Council made by Councilor Calabrese and seconded by Councilor Cavallo. Vote: 4 Yes, 0 No and 1 Abstention (Letellier) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. 6. TR-2016-76 - A Resolution confirming the appointment of Vincenzo Ronghi, 55 Avalon Place, Feeding Hills, MA to the Community Preservation Act Committee to an unexpired term expiring April 30, 2018 (Council) Motion to approve made by Councilor Bitzas and seconded by Councilor Suffriti. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. Item G. Report of Council Committees None. Item H. Elections 1. TE-2016-6 - Election of a permanent member of the Zoning Board of Appeals to a term ending January 1, 2020 Councilor Cavallo placed the name of Richard Maggi into nomination. Councilor Johnson seconded and moved to close nominations. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) electing Richard Maggi. Council President congratulated him and thanked him for his service. 2. TE-2016-7 - Election of an alternate member of the Zoning Board of Appeals to a term ending January 1, 2020 Councilor Johnson placed the name of Gary Geiger into nomination. Councilor Mineo seconded and Councilor Rheault moved to close nominations. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) electing Gary Geiger. Council President congratulated him and thanked him for his service. Item I. Public Hearings 1. Petition certified by City Clerk on October 24, 2016 as submitted by William Clark on October 4, 2016 and October 19, 2016 (Referred to Legislative Committee) Councilor Theroux as Chair of the Legislative Committee provided his report stating that the Council could urge the Mayor to do his best to use excise and Chapter 90 funds towards paving of the roads. Council President Cichetti opened the Public Hearing and asked William Clark to make his presentation. Mr. Clark spoke about the Council approving the funds for raises for the town employees and that all other towns gave raises but still not much money spent on paving of roads. Only .3% of the budget is currently spent on the roads – why not do what the other towns do and spend more on the roads? Every year the percentage should increase. The Town is paving less roads today than in 2009. He urged the town to invest in the roads. Sell the failing golf course. Mr. Clark said that Councilor Theroux mentioned that the town should turn the golf course into a private enterprise fund – why spend funds on the purchase of golf carts for a golf course that is failing? It didn’t make sense to spend money on the course and not pave the roads. He stated that he thinks the Council has the power to amend the Capital Improvement Plan. Corinne Wingard, Gil Fortunato, William Duncan, Dede Yasgar and Steve Roth also spoke in favor of spending more money on paving of the roads. No one else spoke in favor in name only or in opposition. Council President Cichetti closed the Public Hearing. Councilor Theroux moved to again ask the Mayor to look at the Chapter 90 funds and Excise Tax funds received from the state and increase the funding spent on paving the roads. Councilor Cavallo stated the Mayor should look more closely at this and would like a report back from the Mayor’s Office. Councilor Rossi said he felt the Council was getting ahead of themselves. The Excise Tax goes back directly to the residents. It was not designed to do what Mr. Clark wanted and only the Mayor himself can do it. He can do what he sees fit with that money. There used to be a time when there was a rotating basis for fixing roads in town. We all agree more needs to be done and maybe putting pressure on the Mayor is the only way to do this. The Council does NOT make the budget. We cannot add to it however we can cut the budget but the Mayor doesn’t have to cut it where the Council suggests. The person to see is the MAYOR. Maybe the Council should create a sub-committee to put a little more pressure on the Mayor to do something with the roads. Councilor Mineo also encouraged the Mayor to spend more funds on the roads and noted maybe the Council should vote no on the Operating Budget this year until he does what he needs to do. Again, the Mayor is the only one that can do this and if we don’t like it, then we should vote no on his budget. Councilor Johnson stated that the local receipts are appropriated by Council approval as part of the budgetary process and they are not tied together. To take more means more cuts elsewhere. In reality, the Council is powerless to do anything however he applauded Mr. Clark’s efforts. In the last decade petroleum costs have increases and asphalt is a petroleum-based product so with the same money being spent, less work can be done as costs increase. There is no item before the Council to vote on other than hearing this petition. If someone wanted to sponsor a Resolution and put it before the Council, I’m sure everyone would be in favor of it. Councilor Theroux said we need to do this in good faith and look forward to citizens bringing forward items. He asked about a program within the DPW containing a list of streets to be repaired systematically. He urged residents to contact the DPW with their issues (and/or the City Council) and also applauded Mr. Clark for his efforts. Councilor Theroux stated we have a good program in place currently. Could the town do better? Sure however individuals should contact the Mayor’s Office and/or DPW with their issues. Councilor Johnson said it would be worthwhile to contact the DPW. He also suggested that the City Council have a workshop in January to have the DPW go through the paving program currently in place with us where the public could also attend. It would behoove us to learn more about it. Councilor Bitzas supported increasing funds and also agreed with having a workshop. Councilor Theroux agreed totally but thinks it should be an agenda item instead of a workshop. Item J. Old Business 1. TO-2016-77 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Chris Auto South, 207 Main Street, Agawam, MA (Clerk) (Referred to Administrative Committee) (Tabled 12/5/16) Motion to remove the item from the table made by Councilor Johnson and seconded by Councilor Cavallo. The item was removed from the table. Motion to approve made by Councilor Johnson and seconded by Councilor Cavallo. As Vice Chair of the Administrative Committee, Councilor Suffriti provided a report stating that the necessary information was received and the committee gave a positive recommendation for passage. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. 2. TO-2016-78 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Elias Auto, 1123, Suffield Street, Agawam, MA (Clerk) (Referred to Administrative Committee) (Tabled 12/5/16) Motion to remove the item from the table made by Councilor Suffriti and seconded by Councilor Johnson. The item was removed from the table. Motion to approve made by Councilor Johnson and seconded by Councilor Bitzas. As Vice Chair of the Administrative Committee, Councilor Suffriti provided a report stating that the necessary information was received and the committee gave a positive recommendation for passage. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. 3. TO-2016-79 - An Order appropriating funds from Wastewater Retained Earnings Account to the General Fund (Mayor) (Referred to Finance Committee) (Tabled 12/5/16) Motion to remove the item from the table made by Councilor Theroux and seconded by Councilor Suffriti. The item was removed from the table. As Chair of the Finance Committee, Councilor Johnson provided the report stating that the item was left on the table pending information from the Administration. The Administration decided to withdraw this item and replace it with two revised items. Motion to withdraw made by Councilor Johnson and seconded by Councilors Suffriti and Cavallo. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) withdrawing the item. 4. TOR-2016-6 - An Ordinance to amend Section 49-7(A)(2) of the Code of the Town of Agawam to increase the salary of the Mayor (Councilor Christopher Johnson) (1 of Two Readings) (Referred to Legislative Committee) Motion to approve the first reading made by Councilor Johnson and seconded by Councilor Suffriti. As Chair of the Legislative Committee, Councilor Theroux provided his report stating his committee sent a negative recommendation. Councilor Johnson stated that it seems inconsistent to vote for raises for employees but not for the Mayor. He had requested a print out of the top fifty highest paid employees in the town and the Mayor isn’t even on that list. With an election coming up next year, it would be smart to increase the mayor’s salary to encourage more qualified applicants. You get what you pay for and when the town’s mayor isn’t even in the top 50, how can you attract qualified candidates? All other towns pay their mayor more money. We should be setting the salary at a range to attract experienced candidates. The vote was 3 YES (Councilors Johnson, Mineo and Suffriti), 7 NO (Councilors Bitzas, Calabrese, Cavallo, Cichetti, Rheault, Rossi and Theroux), 1 ABSENT (Councilor Letellier) defeating the item. 5. TOR-2016-7 - An Ordinance to amend Section 49-7(B)(4) of the Code of the Town of Agawam to increase the salary for School Committee members (Councilor Christopher Johnson) (1 of Two Readings) (Referred to Legislative Committee) Motion to approve the first reading made by Councilor Johnson and seconded by Councilor Suffriti. Council Vice President Mineo excused himself from the meeting floor and the vote as he has an immediate family member involved and left the room. Councilor Theroux as Chair of the Legislative Committee stated his committee met and gave a negative recommendation for passage to the Full Council. Councilor Theroux stated the issue is a question of public service and would be voting no. Councilor Suffriti spoke to several School Committee members. One said they should make more money and equal the City Council’s salary and another said they’d still do it if it were free. He noted he believes they should equal the City Council’s salary. The vote was 2 YES (Councilors Johnson and Suffriti), 7 NO (Councilors Bitzas, Calabrese, Cavallo, Cichetti, Rheault, Rossi and Theroux), 1 ABSENT (Councilor Letellier), 1 ABSTENTION (Councilor Mineo) defeating the item. Council Vice President Mineo returned. 6. TO-2016-82 - An Order granting or renewing a PERMIT for Weekly Amusement for K&P Welker, LLC d/b/a Club One, 60 North Westfield Street, Feeding Hills, MA. 01030 (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Bitzas and seconded by Councilors Johnson and Cavallo. As Vice Chair of the Administrative Committee, Councilor Suffriti provided his committee report sending a positive recommendation for approval. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. 7. TO-2016-83 - Budgetary Transfer of $397,303.00 from Salary Reserve Fund #16605-57350 to (Mayor) as follows: (Referred to Finance Committee)  Motion to approve made by Councilor Cavallo and seconded by Councilor Bitzas. As Chair of the Finance Committee, Councilor Johnson provided his report stating that after a brief discussion regarding the fact that the Mayor has exceeded the funding provided in the FY17 annual operation budget by almost $80,000 in negotiating with the unions and given the financial impact of over $400,000 per year (not including school department raises) for the next three fiscal years of these raises on the taxpayers, there was a motion to send no recommendation to the Council made by Councilor Letellier and seconded by Councilor Cavallo. Vote: 3 Yes, 1 No (Johnson) and 1 Absent (Theroux) The vote was 9 YES, 1 NO (Councilor Calabrese), 1 ABSENT (Councilor Letellier) approving the item. Item K. New Business 1. TR-2016-78 - A Resolution appropriating funds from the Wastewater Retained Earnings account to the General Fund. (Mayor) Referred to Finance Committee, next Agenda. 2. TR-2016-79 - A Resolution appropriating funds from Free Cash to the Reserve Fund Account #16605-57300 (Mayor) Referred to Finance Committee, next Agenda. 3. TO-2016-84 - 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 (Clerk) Referred to Administrative Committee, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Johnson wished everyone a very Merry Christmas, Happy Holiday and prosperous New Year followed by the remaining councilors. Councilor Suffriti also again mentioned Games & Lanes issue stating we all saw the letter that the Mayor sent. It is nonsense to think that that place is secured. Mr. Roth who spoke here earlier called Mr. Peters who agreed it was not secure. He would like to see that area secured and once again ask that Mr. Peters secure that building. He also mentioned that several months ago, the Council passed funds for a sidewalk crew and requested an update on how many sidewalks were completed in 2016. Councilor Rossi stated that maybe the Building Inspector, Code Enforcement Officer or Health Agent should be the one looking into Games & Lanes area and possible try to force this issue with the Mayor. He also mentioned he had requested the tractor trailers to be removed from Main Street area. Bolduc removed that trucks that were on his land however they still remain at the Main Street Grille location. No response yet. Councilor Theroux mentioned an ordinance about marijuana facilities and asked for thoughts/direction from the Council. There was a moratorium in zoning of one year but something else needs to be on the books and is working with the Law Department on this. Item M. Adjournment. The Motion to adjourn was moved by Councilor Rossi and seconded all around. Meeting was adjourned at 8:21pm.