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06-19-17 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated June 19, 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 – 9 PRESENT, 2 ABSENT Roll Call was taken with the following councilors present: Cecilia Calabrese, Council President James Cichetti, Christopher Johnson, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. Councilors Bitzas, Cavallo and Letellier were absent. With 8 present, there was a quorum. Councilor Letellier arrived a little late therefore the votes will change to reflect nine councilors present. 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 Raymond Pond spoke in support of TR-2017-38. Item D. Minutes 1. Executive Session Meeting – May 15, 2017 Motion to approve was moved by Councilors Rossi and Suffriti and seconded by Councilor Johnson. Voice vote approved noting the abstention of Councilor Letellier. 2. Regular Council Meeting – June 5, 2017 Motion to approve moved by Councilor Rheault and seconded by Councilor Johnson. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2017-30 - A Resolution to appoint Ron Hamel to the Veterans Council as a lifetime honorary member (Sponsored by Mayor Cohen) Motion to approve made by Councilor Calabrese and seconded by Vice President Mineo. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. 2. TR-2017-31 - A Resolution to appoint Beverly Follis to the Veterans Council as a lifetime honorary member (Sponsored by Mayor Cohen) Motion to approve made by Councilor Johnson and seconded by Councilors Letellier and Calabrese. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. 3. TR-2017-32 - A Resolution to appoint Christopher Sanchez to the Veterans Council as a lifetime honorary member (Sponsored by Mayor Cohen) Motion to approve made by Councilor Calabrese and seconded by Councilors Johnson and Letellier. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. 4. TR-2017-33 - A Resolution confirming the reappointment of Howard Safford, 92 Juniper Ridge Drive, Feeding Hills, MA to the Agawam Liquor License Commission to a term expiring the first Monday in June, 2020 (Sponsored by Mayor Cohen) Motion to approve made by Councilor Rheault and seconded by Councilor Letellier. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. 5. TR-2017-34 - A Resolution accepting a grant in the amount of $8,000.00 from the Secretary of the Executive Office for Administration and Finance to the Town of Agawam (Sponsored by Mayor Cohen) (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 his report stating that a motion to make a positive recommendation to the Full Council was made by Councilor Calabrese and seconded by Councilor Cichetti. Discussion regarding proposed use of funding to expand scanning of existing public documents to add to searchable database. Motion was approved by a 3 yes 0 no and 3 absent vote. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. 6. TR-2017-35 - A Resolution establishing the Annual National Night Out Gift Account pursuant to Massachusetts General Laws Chapter 44 §53A (Sponsored by Mayor Cohen) (Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Letellier. As Chair of the Finance Committee, Councilor Johnson provided his report stating that a motion to make a positive recommendation to the Full Council was made by Councilor Calabrese and seconded by Councilor Cichetti. Motion was approved by a 3 yes 0 no and 3 absent vote. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. 7. TR-2017-37 - 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 (CPA) ($82,950.00) (Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Letellier. As Chair of the Finance Committee, Councilor Johnson provided his report stating that a motion to make a positive recommendation to the Full Council was made by Councilor Calabrese and seconded by Councilor Cichetti. Discussion regarding completing the entire process including assessment and preparation of plan. Recreation Director indicated that he supported the proposal. There was a motion made by Councilor Calabrese and seconded by Councilor Cichetti to amend the resolution to replace “not to exceed” with “in the amount of” in the last paragraph. Both motions were approved by a 3 yes 0 no and 3 absent vote. Councilor Johnson made a Motion to amend the ‘now therefore’ section to remove the ‘not to exceed’ and replace with ‘in the amount of’ and was seconded. The vote for the amendment was 9 yes, 0 no, 2 absent approving the amendment The vote was 8 YES, 1 NO (Councilor Rossi), 2 ABSENT (Councilors Bitzas and Cavallo) approving the item as amended. 8 TR-2017-38 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the rehabilitation and restoration of the double doors at the Agawam Historical and Fire House Museum (CPA) ($23,000.00) (Referred to Finance Committee) Motion to approve made by Councilor Calabrese and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided his report stating that a motion to make a positive recommendation to the Full Council was made by Councilor Calabrese and seconded by Councilor Cichetti. The committee reviewed photographs regarding the existing doors and the damage and dry rot in the framing around them. Motion approved by a 3 yes 0 no and 3 absent vote. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. PH-2017-5 (TR-2017-27) - A Resolution adopting the Fiscal Year 2018 Annual Operating Budget for the Town of Agawam (Sponsored by Mayor Cohen) Motion to approve made by Councilor Calabrese and seconded by Councilor Johnson. Council President Cichetti declared the Public Hearing open. There were no speakers in support of the budget or in support name only. There were no speakers in opposition of the budget or in opposition in name only. Council President Cichetti declared the Public Hearing closed. Amendment #1 Discussion began with Councilor Rossi wanting to make an amendment on Paragraph 2 stating it should read “adoption does not allow”. Councilor Rheault seconded the motion. Councilor Johnson suggested striking out the sentence in its entirety. Councilor Theroux questioned why strike this? Councilor Rossi stated that this was done the last several years and makes the entire process more transparent. Councilor Theroux suggested the Council let the department heads do their jobs. Councilor Rossi noted that this was not an indictment and it’s just for transfers. The vote on Amendment #1 was 8 YES, 1 NO (Councilor Theroux), 2 ABSENT (Councilors Bitzas and Cavallo) approving Amendment #1. Amendment #2 Councilor Johnson added that this amendment would cap the amount at those transfers exceeding $1000.00. They wouldn’t have to come to the City Council for smaller amounts. Motion to amend to add amounts not to exceed $1000.00 made by Councilor Johnson and seconded by Councilor Theroux. The vote on Amendment #2 was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving Amendment #2. Discussion continued with Councilor Johnson stating that in reviewing the budget and the Auditor’s report that there are a tremendous amount of carryovers. This was very confusing. The general thought of carryovers is that they should be carried over for specific bills not in general. This never used to be general practice to keep carryovers in the budget. Councilor Theroux made the Motion to go into Committee as a Whole to hear from Auditor which was seconded by Councilors Calabrese and Johnson. Voice vote approved. The Council went into Committee as a Whole where Auditor Cheryl St. John stated that the amount carried over from prior year is spent first. Building Maintenance Director Doug White also stated he is trying to reduce that previously held carryover amount each year especially in the heating and cooling line item. Councilor Johnson noted he was not questioning Doug’s practice but his problem is the actual carryover procedure. Doug White noted his figures depict a 3-4 year average. Councilor Johnson mentioned it is difficult to figure out the truth in the Mayor’s budgeting. Will that $700,000+ amount be used this year or next year? Why not cut it now? Councilor Letellier had the same issue with this item. She stated there is over one million dollars in carryovers over-budgeted. To her knowledge carryovers were only for bills through July and maybe August. Doug White replied that the amounts reflect pending projects. Councilor Letellier asked Cheryl if she had a new report showing current carryovers which Cheryl did not. Councilor Letellier asked if she could go do it now if it wouldn’t take long. Councilor Letellier continued to be troubled with the amount of unused monies in various departments ($1,113,131 unused). She noted that was a lot of money when we say we can’t even afford four firefighters. Councilor Theroux said Cheryl is our employee – we should be asking her to explain this. Why would we have that? Why is this allowed? Is it legal? Cheryl St. John stated that each department head provides her with an amount that they want carried over. Councilor Theroux wanted to know if they are okay in doing this. Cheryl St. John stated she trusts their judgments that they follow the law they are provided. Sometimes the carryover is an estimate of the bill or an uncompleted project. He also asked about the large amount that Councilor Letellier mentioned. Cheryl stated she was given that amount and Doug noted that this was past practice, along with uncertainty for future bills and is attempting to adjust this line item slowly and feels confident with this cushion. Councilor Theroux noted that transfers are brought back to the City Council. Council Vice President Mineo asked for Treasurer Laurel Placzek to join them at the table. Councilor Letellier noted that that would be fine however Laurel did not prepare the carryover printout – Auditor Cheryl St. John did. Councilor Letellier asked Doug White is he has ever had a year when the heating cost $1.8million dollars to which he declared no. Councilor Johnson interrupted saying he has to be blunt. He said this was the biggest pile of ‘you know what’ that he has ever seen. Instead of living within our means, the administration has decided to carryover millions of dollars and not a dime of the carryovers have been spent. We made cuts last year and the administration chose to just ignore us and carryover huge amount from last year. In essence, the Administration stuck their middle finger at the Council and he feels we are really irrelevant. Councilor Theroux stated the questions should be not to the administration but to OUR employee Auditor Cheryl St. John who allows these carryovers year after year. He couldn’t recall any councilors asking her to keep us informed on any carryovers. Cheryl stated that she sends monthly reports and the carryovers have always been on those reports. Councilor Theroux agreed and this information should be of no surprise to any of us. Shame on us for not questioning it before but tonight was not the night to do this – it should have been weeks ago. Council Vice President Mineo asked if we NEED all of these carryovers. Treasurer Laurel Placzek noted most carryovers have a bill to support them. There are special carryover capital improvement funds that are for ongoing projects. Councilor Theroux noted that our auditor does an excellent job and was surprised there haven’t been any questions or complaints about the reports prior to this. Councilor Johnson stated that the problem is – this isn’t the TRUTH. There is no truth in budgeting. The administration is carrying over monies to create a cushion. If we make cuts again, are they going to laugh and just carryover mover next year? This is literally a waste of time. The general rule of thumb is you can allow carryovers and can process bills up to July 15th or like in Doug White’s case with projects, you can estimate the actual projects. Why would we even make cuts if it doesn’t matter? Councilor Rossi stated that we go through this every year and have asked that this not take place. The Council does not have enough input in the process. I’m less than pleased with this budget and why cut yard waste but have a cushion or buffers in other places? We cannot continue to have these overruns as it adds to the tax levy – maybe we should slash or make cuts or just send it back to be reworked? If you look at the School Budget there is nothing hidden, it’s a very good budget however the Operating Budget appears to have hidden items and we need to take action. Councilor Theroux again stated our Auditor is in charge of carryovers. Doug White noted he is working in the direction of diminishing his carryover. Councilor Theroux stated in his opinion is is not the right time to question this. The time was at the budget workshops which he claims he attended. Councilor Johnson noted it was not just the carryovers. The budget is riddled with it causing a 3 ½ % increase in taxes. When there is hundreds of thousands, if not millions, floating – there is absolutely no truth in budgeting and in his opinion, the administration will do whatever they want anyway. Councilor Letellier stated that due to the $1.13million in unspent fuel and heat accounts and also that DPW Director Chris Golba stated it will take approximately 92 years to complete our sidewalks in town, the Fire Department needs four more firefighters which we could fund with these unspent monies, as well as the tax title and blighted properties line item – they spent 0% of the money that they made a big deal for us to pass – those are the reasons she is voting no on this budget. Councilor Theroux said Councilor Letellier wasn’t even at the budget meetings. Councilor Letellier noted she had the floor and did in fact attend one of the meetings and clarified that Councilor Theroux wasn’t even at the June 5th budget meetings so he shouldn’t talk. This is something she questions every year. Councilor Theroux reiterated if she had these questions she should have asked them before. Councilor Calabrese made a Motion to come out of Committee as a Whole and seconded by Councilor Johnson. Councilor Calabrese is also voting no and suggest not voting until the commonwealth sets their own budget or vote on a few cuts. Councilor Johnson stated if we don’t act it gets deemed appropriate as submitted. Councilor Letellier mentioned they could operate on a 1/12 budget for three months until we passed the budget. Mayor commented off microphone from audience. Councilor Theroux asked why now? Why so late? For him, he believes the questions should be asked along the way. Councilor Johnson respected Councilor Theroux’s rights however disagreed and stated that tonight was indeed the night to make any cuts and ask these questions. We can propose and vote on cuts however they will be symbolic at best. Councilor Letellier made a Point of Information. If Cheryl St. John printed out the General Fund on 6/5/17 (ending on May 31, 2017) then the first budget hearing on that evening could not reflect our questions as we had just received that information. Council Vice President stated that you would think the administration would know all of this ahead of time. Why are they allowing this again? At this point, you would think they would have corrected this. Cut #1 Councilor Johnson made a Motion to cut $25,000.00 from Admin Building Line item #11222-52110 which was seconded by Councilor Rheault. The vote on Cut #1 was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving Cut #1. Cut #2 Councilor Johnson made a Motion to cut $50,000 from Motor Vehicle Maintenance Line Item #14903-52130 which was seconded by Councilor Rheault. Councilor Theroux said at this time there isn’t back up information from the department head. Councilor Johnson noted that at the June 5th meeting Chris Golba explained it. The vote on Cut #2 was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving Cut #2. Cut #3 Councilor Johnson made a Motion to cut $75,000.00 from Blighted Line Item #16602-57710 which was seconded by Councilor Rheault. There is a receivership program created just for this reason and it shouldn’t cost the town any money. The town should take advantage of that program like surrounding communities. The vote on Cut #3 was 8 YES, 1 NO (Councilor Theroux), 2 ABSENT (Councilors Bitzas and Cavallo) approving Cut #3. Cut #4 Councilor Johnson made a Motion to cut $150,000.00 from Capital Line Items #16610-58949 for the Early Childhood Education Schematic. This should be coming to us for bonding and it’s like putting the cart before the horse. It’s not a question of whether or not he supports the ECC because he does – this is a $10 - $11 million budget and why would we pay for plans when we haven’t even approved this yet. Councilor Rheault seconded the Motion. Councilor Theroux noted he couldn’t disagree more – there is a need and would like to see a well thought out plan. The vote on Cut #4 was 7 YES, 2 NO (Councilors Rossi and Theroux), 2 ABSENT (Councilors Bitzas and Cavallo) approving Cut #4. Councilor Johnson noted he hesitates to make a cut to the Building Maintenance line item as he appreciate Doug White’s efforts in reducing it. The vote was now taken on TR-2017-27 as amended. The vote was 3 YES (Councilor Johnson, Mineo and Theroux), 6 NO (Councilors Calabrese, Cichetti, Letellier Rheault, Rossi and Suffriti), 2 ABSENT (Councilors Bitzas and Cavallo) defeating TR-2017-27 as amended. Councilor Johnson asked for an explanation of moving on now that the budget was defeated. He believed we would have to have a special meeting and offered to work with the Administration. He strongly believed at the end of the day, we need an approved budget. Councilor Theroux moved to go into Committee as a Whole to ask those questions to the Solicitor. The Motion was not seconded. Councilor Letellier preferred to see the Solicitor’s opinion in writing. Councilor Theroux noted that time was a factor. Councilor Johnson asked to get the Solicitor’s opinion in writing tomorrow. A short ten minute recess was taken at 8:40pm. **TEN MINUTE RECESS** The Council reconvened and Council President Cichetti called the meeting to order at 8:50pm. 2. PH-2017-6 (TR-2017-36) - A Resolution to adopt a Housing Production Plan (Sponsored by Councilors James P. Cichetti and Christopher C. Johnson) Public Hearing was declared open by Council President Cichetti. Presentation was made by Jennifer M. Goldson regarding this item. Elisabeth Stanislawski, Corinne Wingard and Vin Ronghi all spoke in favor and Paul Jennings and Sue Drumm spoke in favor in name only. No one spoke in opposition or in opposition name only. Council President Cichetti declared the Public Hearing closed. Proceeded with questions by the Council. Councilor Johnson noted it was a lengthy plan and thought the Council should take additional time to review. Councilor Theroux mentioned his overall concern with this being a 1960’s statute. Councilor Johnson made a Motion to table for the opportunity to review and discuss this which was seconded by Councilor Theroux. Councilor Theroux asked since we would be having a Special Meeting on Thursday night could this item be added to that Agenda. Councilor Rossi noted he would need more time that just a few days. Councilor Calabrese noted our next meeting was on July 10th. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) tabling the item until July 10, 2017. Item J. Old Business 1. TOR-2017-6 - An Ordinance Authorizing Departmental Revolving Funds for FY2018 (Sponsored by Mayor Cohen) (2 of two readings) (Referred to Finance and Legislative Committees) Motion to approve the second and final reading made by Councilor Johnson and seconded by Councilor Suffriti. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the second and final reading. 2. TO-2017-25 - Order granting or renewing a LICENSE for an Automatic Amusement Device(s) for Six Flags New England located at 1623 Main Street, Agawam, MA. 01001 (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Calabrese. As Vice Chair of the Administrative Committee, Councilor Suffriti provided a report stating the committee reviewed the applicant’s information and sent a positive recommendation for approval. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. 3. TO-2017-26 - Order granting or renewing a PERMIT for a Weekly Amusement Device(s) for Six Flags New England located at 1623 Main Street, Agawam, MA. 01001 (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilors Rossi and Theroux. As Vice Chair of the Administrative Committee, Councilor Suffriti provided a report stating the committee reviewed the applicant’s information and sent a positive recommendation for approval. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) approving the item. 4. TO-2017-27 - Budgetary Transfer of $73,000.00 from Reserve Fund (#16605-57300) to Building Maintenance-Building Improvements (#11922-58250) for the purpose of roof replacement at the Agawam Golf Course (Sponsored by Mayor Cohen) (Referred to Finance Committee) Motion to approve made by Councilor Letellier and seconded by Councilors Suffriti and Mineo. As Chair of the Finance Committee, Councilor Johnson provided a report stating that Motion to make a positive recommendation to the Full Council was made by Councilor Calabrese and seconded by Councilor Cichetti. Discussion focused on the fact that the golf course has sufficient retained earnings to fund this expenditure. Also grave concerns raised regarding current operational efficiency at the course. Motion was defeated by a 0 yes 3 no and 3 absent vote. The vote was 1 YES (Councilor Theroux), 8 NO, 2 ABSENT (Councilors Bitzas and Cavallo) defeating the item. 5. TOR-2017-7 - An Ordinance to Add Section 3-8.7 to the Code of the Town of Agawam entitled Capital Improvement Planning Committee (Sponsored by Councilors Cichetti, Mineo and Suffriti) (1 of two readings) (Referred to Finance and Legislative Committees) Motion to approve the first of two readings made by Councilor Letellier and seconded by Councilor Johnson. As Chair of the Finance Committee and on behalf of the Legislative Committee, Councilor Johnson provided a report stating that the following: Finance Committee: Motion to send a positive recommendation to the full Council made by Councilor Calabrese and seconded by Councilor Cichetti. Legislative Committee: Motion to send a positive recommendation to the full Council made by Councilor Suffriti and seconded by Councilor Calabrese. The discussion centered on the need to improve the capital planning process in Agawam by enhancing the information included in the process such as additional personnel and other operating costs associated with proposed capital improvement projects, better clarity on funding sources and the inclusion of policy considerations underlying proposed projects. Finance Committee: Motion passed by vote of 3 YES 0 NO and 3 ABSENT. Legislative Committee: Motion passed by a vote of 3 YES 0 NO and 3 ABSENT Councilor Johnson stated that given the last minute memo from the Solicitor (which he did not agree with anyway), he needs clarification from the Solicitor and therefore makes the Motion to table which was seconded by Councilor Mineo. Councilor Letellier wanted to address the Solicitor’s memo stating that the Council does understand the Charter. She didn’t see the harm in voting on this item tonight and sees this as a positive! The town can only benefit from this but if the Council’s desire is to table, she is fine with that. Councilor Theroux believed the Council is getting into an adversarial role with this item. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Cavallo) tabling the item. Item K. New Business 1. TR-20 17-39 - A Resolution to waive the right of first refusal for land classified under M.G.L. Chapter 61A located at 497 South Westfield Street, Feeding Hills, MA. (Sponsored by Mayor Cohen) Referred to Community Relations Committee; next Agenda. 2. TR-2017-40 - A Resolution to rescind TR-2014-38 and return $447,502.00 to the Community Preservation Historical Fund Balance (CPA) Referred to Finance Committee; next Agenda. 3. TOR-2017-8 - An Ordinance to amend Section 49-7(9)(D)(1) of the Code of the Town of Agawam to update the hourly wages for seasonal laborers and Meals on Wheels drivers (Sponsored by Mayor Cohen) (Two Readings Required) Referred to Finance Committee; next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Suffriti congratulated all of the recent graduates and reminded everyone that school will be out soon for the summer and to please use greater caution on the roads. He also said “Tear It Down”. Councilor Suffriti also reminded Councilor Theroux to schedule the workshop for the Legislative Committee to get going on the solar/recreational marijuana ordinances. Councilor Theroux noted the workshop would be scheduled soon. Council President Cichetti also noted the need to reschedule that workshop soon. The special meeting would be Thursday, June 22nd and the July 10th Council meeting would be in the Community Room at the library due to the construction at the Doering School. Item M. Adjournment. The Motion to adjourn was moved and seconded. Meeting was adjourned at 9:51pm.