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03-20-17 REGULAR COUNCIL MEETING 1 REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated March 20, 2017 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, Council President James Cichetti, Christopher Johnson, Council Vice President Joseph Mineo, Robert Rossi and Anthony Suffriti. Councilor Donald Rheault 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 Corinne Wingard of 194 Elm Street, Agawam spoke about the senior property tax exemption, the community meeting on the Housing Production Plan as well as TR-2017-17. Henry Kozloski of 102 Meadow Street, Agawam clarified information on the CPA items on the Agenda. William Clark of 26 High Meadow Road, Agawam spoke about the Community Development Plan and TR-2017-17 stating the Mayor was on WGBY and was quoted stating that the town didn’t want to get into the business of cleaning up contamination yet he’s asking for $5,280,000 for the Walnut Street Streetscape Improvement which contains removal of contamination! He said the Mayor is contradicting himself by asking for these invest these funds on approximately 3.2 miles of roadway. Item D. Minutes 1. Regular Council Meeting – March 6, 2017 Motion to approve made by Councilor Letellier and seconded by Councilor Bitzas. Voice vote approved noting abstention of Councilor Rossi. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2017-11 - A Resolution confirming the reappointment of Lori Stickles, 85 Anvil Street, Feeding Hills to the Agawam Housing Authority for a term expiring the second Monday in January , 2020 (Mayor) Motion to approve made by Councilor Calabrese and seconded by Councilors Mineo and Bitzas. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) approving the item. 2 2. TR-2017-12 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the completion of a Recreation Needs Assessment and Master Plan ($84,500.00) (CPA) (Referred to Finance Committee) Motion to approve made by Councilor Letellier and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a discussion regarding the need for a recreation needs assessment and master plan wherein Chris Sparks indicated he could take it or leave it. Councilors Theroux and Cavallo expressed opposition based on their belief that it was not necessary. Councilor Johnson indicated that he believed the needs assessment was important but that the cost was too high. There was a motion made to send a positive recommendation to the Council made by Councilor Theroux and seconded by Councilor Cavallo – the motion was defeated by a 0 yes 4 no and 1 absent (Councilor Letellier) vote. Councilor Theroux stated he believed Chris Sparks should be able to do a plan. Councilor Cavallo mentioned that during the sub-committee meeting that Chris Sparks repeatedly expressed that he didn’t care if we had this and said he could put something together himself. He is paid to do this type of work. Councilor Letellier asked about concentrating on the Feeding Hills area. Instead of using CPA funds to collect this information, she’d rather use town employees to do the same and focus on the areas that are lacking parks. Councilor Johnson said that Henry Kozloski had a point saying that a needs assessment is necessary. Councilor Johnson also thought maybe we could look into utilizing an intern from a local college which could be paid by the CPA. Councilor Bitzas agreed with Councilors Theroux and Cavallo that $85,000 was too much money and a waste of taxpayer money. Councilor Rossi said years ago there used to be a committee who did this park assessment and it’s probably somewhere in the shelves of the Planning Department as it has not been acted upon in years. He suggested sending a letter to the Mayor asking to re- establish the Community Open Space and Recreation committee although Councilor Johnson stated it made more sense to do a resolution to set this up. Councilor Theroux stated that he believed the town’s needs were being met. Councilor Mineo stated he remembered the previous plan from years ago but that would be quite outdated at this point. He agreed we need to focus on the Feeding Hills area. The vote was 0 YES, 10 NO, 1 ABSENT (Councilor Rheault) defeating the item. 3. TR-2017-13 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for partial funding to replace the Agawam Town Hall roof ($50,000.00) (CPA) (Referred to Finance Committee) Motion to approve made by Councilor Calabrese and seconded by Councilors Johnson and Letellier. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a discussion regarding how the CPA Committee arrived at the $50,000 figure which is based on the added cost of the project to utilize historically correct shingles. Councilors Theroux and Cavallo expressed disappointment that the CPA was not providing more funding toward the project. Councilor Johnson indicated that he believed the figure represented a compromise and expressed concern that if the project is delayed further that it will not happen in the upcoming construction season. There was a motion made to send a positive recommendation to the Council made by Councilor Theroux and seconded by Councilor Cavallo – the motion was defeated by a 2 yes (Councilors Johnson and Calabrese) 2 no (Councilors Theroux and Cavallo) and 1 absent (Councilor Letellier) vote. Councilor Theroux started discussion saying he voted no during sub-committee but will now vote yes however he believes CPA funds are already taxpayers’ funds and that the Town Hall is historical. He also questioned the wisdom of the CPA in their decision on this. Councilor Theroux feels it fits all of the criteria and should have been fully funded by the CPA. Councilor Letellier noted that the town hall is not on the state registry just the local registry. Councilor Theroux interrupted stating indeed it’s on the local registry. Councilor Letellier stated that Councilor Theroux insulted the CPA Committee by insinuating that they don’t know that CPA funds are the taxpayers’ money and cautioned him to be more clear. She thanked the CPA for all they do and that she supported the amount as proposed. Councilor Johnson stated that the proposed amount represents a compromise. He believes that technically the roof is a town maintenance issue and should have been paid for by the town. The reality is there isn’t enough money in the historical account to foot the entire bill however the project needs to be done. Councilor Rossi agreed with Councilor Johnson stating it should have been in the capital improvement projects and isn’t really one of 3 historical significance however the roof needs to be replaced. He agreed it should have been paid for out of the town budget and the CPA is graciously coming in to help pay for it. This is saving the taxpayers $50,000! He agrees with the amount as proposed. Councilor Theroux said he wasn’t being critical of anyone on the CPA but critical of the decision and questions the wisdom of it. He respects Mr. Cecchi and will vote for this because it has to be done. The vote was 9 YES, 1 NO (Council President Cichetti), 1 ABSENT (Councilor Rheault) approving the item. 4. TR-2017-14 - A Resolution to appropriate funds to pay costs of the boiler repair project at the Roberta G. Doering School pursuant to the Massachusetts School Building Authority’s Accelerated Repair Program ($1,000.000.00) (Mayor) (Referred to Finance Committee) Motion to approve made by Councilors Johnson and Cavallo and seconded by Councilor Bitzas. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a discussion regarding the need to replace the boilers at the Middle School where Doug White presented copies of photographs of the existing boilers and a graph showing configuration alternatives and Laurel Placzek presented spreadsheets showing proposed principal and interest payments both with and without the MSBA assistance. There was a motion made to send a positive recommendation to the Council made by Councilor Cavallo and seconded by Councilor Theroux – the motion was approved by a 4 yes 0 no and 1 absent (Councilor Letellier) vote. Councilor Johnson stated that this project became more work than originally estimated. The state grant reimburses the town 50%. The new boilers are a higher efficiency and it’s definitely time to replace them. Councilor Cavallo was extremely impressed with Doug White’s presentation and that Doug came prepared to fight for this item. Councilor Calabrese also was impressed with Doug White’s thorough information and that the photos of the existing boilers were quite frightening. Councilor Bitzas said this is money well spent and has to be done. Councilor Johnson thanked Doug White and Superintendent Sapelli on the great work on the grant as it softens the blow of this expense. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) approving the item. 5. TR-2017-15 - A Resolution accepting a grant from the Massachusetts School Building Authority’s Accelerated Repair Program (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Calabrese and seconded by Councilor Letellier. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a discussion regarding the fact that the project is approved to receive nearly $500,000 in MSBA funds which represent over 50% of the anticipated cost, not including the removal of existing oil tanks. There was a motion made to send a positive recommendation to the Council made by Councilor Theroux and seconded by Councilor Calabrese – the motion was approved by a 4 yes 0 no and 1 absent (Councilor Letellier) vote. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) approving the item. 6. TR-2017-16 - A Resolution Accepting a grant from the Commonwealth of Massachusetts State 911 Department pursuant to Massachusetts General Laws, Ch. 44, Section 53A for the Agawam Police Department ($70,999.00) (Mayor) (Referred to Finance Committee) As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a discussion regarding the fact that the grant will fund the purchase of a portable fingerprint machine and further improvements to the police dispatch area. There was a motion made to send a positive recommendation to the Council made by Councilor Calabrese and seconded by Councilor Cavallo – the motion was approved by a 4 yes 0 no and 1 absent (Councilor Letellier) vote. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) approving the item. 4 Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings None. Item J. Old Business 1. TO-2017-7 - Voucher List for MMA reimbursements ($982.05) (Referred to Finance Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a discussion regarding the fact that the voucher represents reimbursement to two councilors who attended the MMA annual convention in Boston. There was a motion made to send a positive recommendation to the Council made by Councilor Cavallo and seconded by Councilor Johnson – the motion was approved by a 2 yes 0 no 1 absent (Councilor Letellier) and 2 abstention (Councilors Theroux and Calabrese) vote. The vote was 8 YES, 0 NO, 1 ABSENT (Councilor Rheault), 2 ABSTENTIONS (Councilors Calabrese and Theroux) approving the item. 2. TO-2017-8 - A Budgetary transfer from Building Maintenance Reserve Fund #16605-57300 to Building Improvements #11922-58250 for $153,672.00 with CPA (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Cavallo. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a brief discussion regarding the fact that the transfer accounts for utilization of $50,000 in CPA funds to offset a portion of the project cost. There was a motion made to send a positive recommendation to the Council made by Councilor Calabrese and seconded by Councilor Theroux – the motion was approved by a 4 yes 0 no and 1 absent (Councilor Letellier) vote. Note that the item came to us as a Building Maintenance Reserve Fund transfer – it is just a Reserve Fund transfer. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) approving the item. 3. TO-2017-9 - A Budgetary transfer from Building Maintenance Reserve Fund #16605-57300 to Building Improvements #11922-58250 for $203,672.00 without CPA (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Theroux and seconded by Councilor Mineo. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a brief discussion regarding the fact that the transfer does not account for utilization of $50,000 in CPA funds to offset a portion of the project cost. There was a motion made to send a positive recommendation to the Council made by Councilor Calabrese and seconded by Councilor Theroux – the motion was defeated by a 0 yes 4 no and 1 absent (Councilor Letellier) vote. Councilor Johnson noted that this item shouldn’t be withdrawn because the Council is not the sponsor – it must be defeated if it is not to be used. The vote was 0 YES, 10 NO, 1 ABSENT (Councilor Rheault) defeating the item. 5 4. TO-2017-10 - A Budgetary transfer from Police Regular Permanent Salary #12101-51010 to Police Overtime Salary #12101-51030 for $120,000.00 (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Calabrese. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a discussion wherein Chief Gillis outlined the problems the department has experienced with filling vacant positions, unexpected injury and sick leave utilization, officers on paid leave, etc., the department has been forced to heavily utilize overtime to meet minimum staffing goals. There was a motion made to send a positive recommendation to the Council made by Councilor Theroux and seconded by Councilor Cavallo – the motion was approved by a 4 yes 0 no and 1 absent (Councilor Letellier) vote. Councilor Cavallo thanked the Chief for the pleasant exchange of information and had asked the Chief if the overworked officers’ decision making would become impaired due to the high amount of overtime. The Chief assured him that the town is safe and made a very articulate presentation. Councilor Rossi finds this item very troubling. Having spent most of his adult life in law enforcement, he questioned why the funds are coming from line items and not asking for extra money to hire more people and reduce the OT. Councilor Johnson shared the public’s frustration however the hiring process is backwards in the state with new hires spending almost one year in training. Massachusetts should fix their system to allow for departments to hire directly from college which would require less time in training. Councilor Rossi is very familiar with the civil service procedures in the state. The town should constantly be in the hiring process. Councilor Theroux stated that this was not a question of mismanagement but rather the system that needs to be changed. We simply need to pass this and move on. Councilor Cavallo said that unfortunately after taking the test and being trained, some decide they don’t want to work here – it is a tireless, thankless job. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) approving the item. 5. TO-2017-11 - A Budgetary transfer from Police Court Time Salary #12101-51080 to Police Overtime Salary #12101-51030 for $40,000.00 (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilors Letellier and Suffriti. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a discussion wherein Chief Gillis outlined the problems the department has experienced with filling vacant positions, unexpected injury and sick leave utilization, officers on paid leave, etc., the department has been forced to heavily utilize overtime to meet minimum staffing goals. There was a motion made to send a positive recommendation to the Council made by Councilor Theroux and seconded by Councilor Calabrese – the motion was approved by a 4 yes 0 no and 1 absent (Councilor Letellier) vote. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) approving the item. 6. TO-2017-12 - A Budgetary transfer from Inspection Services Temporary Salaries #12501-51020 to Inspection Services Regular Permanent #12501-51010 for $964.00 (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Cavallo. As Chair of the Finance Committee, Councilor Johnson provided the report stating that after a brief discussion wherein the committee theorized that the transfer was required to correct an omission in earlier transfers to fund cost of living raises granted employees. There was a motion made to send a positive recommendation to the Council made by Councilor Theroux and seconded by Councilor Cavallo – the motion was approved by a 4 yes 0 no and 1 absent (Councilor Letellier) vote. The vote was 9 YES, 0 NO, 1 ABSENT (Councilor Rheault), 1 ABSTENTION (Councilor Theroux) approving the item. 6 7. TOR-2017-3 - An Ordinance to amend the Code of the Town of Agawam Zoning ordinances Regarding Commercial Ground Mounted Photovoltaic Installations (Planning Board) (Two Readings Required) - Suggest a Public Hearing Date As Chair of the Legislative Committee, Councilor Theroux provided a report stating that a Motion to suggest a Public Hearing date of April 18, 2017 was made by Councilor Bitzas and seconded by Councilor Suffriti. The vote was 5 YES, 0 NO, 0 ABSENT in favor. Council President noted that contrary to what Councilor Theroux mentioned we have 65 days not 30 to act on this. Councilor Cavallo noted there was so much confusion with all of the letters, memos and information received and he was not remotely ready to make a decision. Councilor Rossi said he was happy Legislative Committee recommended the public hearing date. As he understood, the Planning Board already had their public hearing but we need their recommendation. Councilor Letellier agreed that there was a lot of confusion. To her knowledge, there has been no Planning Board vote on the draft ordinance sent by Asst. Solicitor Buoniconti. Attorney Maggi of the Planning Board mentioned that the town is possible being sued – why is this? We need a clear determination of what is happening and suggested having the Solicitor provide us with a written opinion. Why rush this ordinance if we are being sued? Councilor Johnson agreed with Councilor Letellier. The Planning Board members still want to make changes to their own ordinance so what we have before us will likely change. He stated that makes sense to not rush our public hearing as it would be unfair to have a public hearing on a version that will change. Councilor Johnson also recommends having the Planning Board and the City Council sit down together. Councilor Theroux joked how much he likes workshops and agreed that would be a good idea but we need to act quickly to protect our citizens. Motion to table made by Councilor Cavallo which was seconded by Councilor Suffriti. The vote was 9 YES, 1 NO (Councilor Theroux), 1 ABSENT (Councilor Rheault) tabling the item. Council President Cichetti re-referred this item to the Planning Board and the Legislative Committee as well. He also will send a memo to the Law Department to ask them for their written opinion regarding all of the information we have received from both lawyers. 8. TOR-2017-4 - An Ordinance to amend Chapter 103 “Fees” of the Code of the Town of Agawam (Councilor Theroux) (Two Readings Required) Motion to approve the first reading made by Councilor Calabrese and seconded by Councilor Suffriti. As Chair of the Legislative Committee, Councilor Theroux provided a report stating that after discussion and a lot of work by the Law Department, a motion to send a positive recommendation to the Full Council was moved by Councilor Calabrese and seconded by Councilor Rheault. The vote was 5 YES, 0 NO, 0 ABSENT. Councilor Theroux mentioned that the majority of the fees are for vendors that are using our services. For example, in the City of Springfield it costs $50 to apply for a Marriage License however in the Town of Agawam it only costs $15 – so most Springfield residents come to our town to apply for their licenses. Many of the changes were in the Building Department where we are mirroring the Town of West Springfield’s fees. If we approve these, the Town of Southwick will be mirroring our Building Department fees as well. Councilor Calabrese applauded the amount of work done and was in support of this item. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) approving the first reading. Item K. New Business 1. TR-2017-17 - A Resolution to Appropriate and Authorize Borrowing in the Amount of $5,280,000.00 for the Walnut Street Extension Streetscape Improvement Project (Sponsored by Mayor Cohen) Referred to Finance and Community Relations committees; next Agenda. 7 2. TO-2017-13 - Voucher List for MMA Trade Show reimbursements ($929.28) Referred to Finance Committee; next Agenda. 3. TOR-2017-5 - An Ordinance establish a revolving fund pursuant to Massachusetts General Laws Chapter 44 Section 53E1/2 for Overflow Trash Bags (Sponsored by Mayor Cohen) (Two Readings Required) Referred to Legislative Committee; next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Johnson wished Councilor Letellier a happy birthday which everyone joined in. Councilor Suffriti commented that he has not forgotten about Games & Lanes and is anxiously awaiting the final April report from Mr. Peters. Councilor Letellier thanked everyone and asked to carefully look at the itemization on TR-2017-17 and is hoping there is an alternative proposal for that area. Council Vice President Mineo is also looking forward to report on Games & Lanes. Councilor Calabrese congratulated Agawam for their first place ribbon on the St. Patrick’s Day Parade Irish theme float. Councilor Theroux suggests having a joint workshop with the Planning Board and the Planner regarding TOR-2017-3. He added that Tracy DeMaio come and report on the new curbside trash removal system and also ask Michelle Chase to attend for the complete streets and Walnut Street Streetscape resolution. Councilor Bitzas also congratulated Agawam on the float as well as the High School for coming first at the parade – great accomplishment! Councilor Cavallo reminded everyone of the April 4th joint meeting with the School Committee School Budget Finance Committee at 6:30 and the importance of attending. Council President Cichetti mentioned that Michelle Chase provided a mini-presentation of the Streetscape information at the Senior Center at the Complete Streets forum that was held. He also invited the Mayor to attend our workshop to provide his vision and plan for the Walnut Street area. Item M. Adjournment. The Motion to adjourn was moved by Councilor Bitzas and seconded all around. Meeting was adjourned at 8:31pm.