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05-21-18 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated May 21, 2018 Meeting was called to order by Council President Johnson at 7:00pm in the Auditorium at 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, Council Vice President Cecilia Calabrese, Paul Cavallo, Council President Christopher Johnson, Robert Magovern, Dino Mercadante, Joseph Mineo, Robert Rossi, Rosemary Sandlin and Anthony Suffriti. Councilor Letellier arrived a little late. With ten present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. Council President Calabrese asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen’s Speak Time The following citizens spoke: Will Clark – Spoke about Chapter 90 road funds, the use of hemp and hoped that the Mayor and Council don not take things personally. Item D. Minutes 1. Regular Council Meeting – May 7, 2018 Motion to approve made by Councilor Mercadante and seconded by Councilor Suffriti. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Resolutions None. Item I. Public Hearings 1. TR-2018-31 (PH-2018-3) - A Resolution adopting the Fiscal Year 2019-2023 Capital Improvement Program (Mayor Sapelli) (Tabled 5/7/18) Motion to remove the item from the table made by Council Vice President Calabrese and seconded by Councilors Magovern and Cavallo. Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. Council President Johnson declared the Public Hearing open at 7:11pm. Mayor Sapelli provided the presentation of the Capital Improvement Plan and thanked Laurel Placzek and her staff along with Cheryl, Department Heads and Becky in his office. He noted that the majority of the items are public safety items or something to do with education as well as the old wooden bleachers in the High School gymnasium. He also spoke about sidewalks and the tree work involved. Mayor said there is a list of about twenty streets to be approved. There is $850,000 in the budget for streets and sidewalk improvements. Michelle Chase is on top of things utilizing grants, etc. He spoke in more detail about the streets. Treasurer Laurel Placzek spoke about bonding items. Councilor Letellier asked why the information this evening was different from what the Council had previously received. They had removed information reducing the CIP by $284,925.00. Council President Johnson stated that in looking at the CIP, it is just that – a plan which goes from 2 ½ million to 7 million and didn’t want the public to think that these items are happening as it is unrealistic. He agrees there is a need for all of these things but we need to prioritize. The Treasurer noted that higher interest rates are factored in as well. It may be more or less. Mayor Sapelli agreed this was a wish list and wants the Council’s input to prioritize. We are a team and we need to agree on what we can and can’t do and the City Council technically has the final say. Councilor Letellier asked a question about bond payments. She noted that on page 26 it says it is for this next fiscal year – why wouldn’t we be farther along in the planning process if you are planning it for next year? She realized it was a wish list but it is important to talk about the details. Councilor Sandlin was disappointed to see that sewers were nowhere in this plan. Councilor Bitzas agreed it is a wish list and isn’t very realistic. He spoke about the land next to the town hall. Council Vice President Calabrese asked what the new project was at the high school and Mayor Sapelli said they are contemplating new science labs. Councilor Magovern also said we definitely need a new town hall and police complex. He suggested keeping the present town hall and building an annex out back. He too questioned the sewer project. Councilor Mercadante said it is our job to make the hard choices and make investments in our town. It is time to go to work. Of course we don’t want taxes to go up so we need to pair this plan down a bit and get to work. Councilor Sandlin asked about the purchase of land in 1993. Councilor Mineo said it was a good plan. Mayor Sapelli thanked everyone because he believed the purpose of this plan is to get a discussion going on everyone’s priorities. Council President asked if anyone else wanted to speak in favor of the item which Corinne Wingard spoke in support stating we need to be prepared to pay more taxes to meet the needs of our town and to choose wisely. No one else spoke in favor or in favor name only. Will Clark spoke in opposition stating that Christopher Johnson was the last mayor to invest the most in the town. He noted we cannot keep putting things off. He thought some sort of a DIF for infrastructure would be smart. No one else spoke in opposition or in opposition name only. Council President Johnson declared the Public Hearing closed at 7:50pm. The vote was 11 YES, 0 NO approving the item. 2. TOR-2018-6 (PH-2018-4) - An Ordinance amending the Code of the Town of Agawam Chapter 149 entitled “Smoking and Tobacco Products” (Mayor Sapelli) (Two Readings Required) – Public Hearing Set for June 18, 2018 (Referred to Legislative Committee) Public Hearing is set for June 18th. Item J. Old Business 1. TOR-2018-7 - An Ordinance to amend Section 103-8 of Chapter 103 of the Code of the Town of Agawam (Mayor Sapelli) (1 of 2 Readings) (Referred to Legislative Committee) Motion to approve the first reading made by Council Vice President Calabrese and seconded by Councilor Letellier. As Chair of the Legislative Committee, Councilor Magovern provided a report stating that this item was to establish fees for the Health Department and the committee gave a positive recommendation of 5 Yes, 0 No. The vote was 11 YES, 0 NO approving the first reading. 2. TOR-2018-8 - An Ordinance to amended Section 49-7(c) of the Code of the Town of Agawam (Mayor Sapelli) (1 of 2 Readings) (Referred to Legislative Committee) Motion to approve the first reading made by Council Vice President Calabrese and seconded by Councilor Letellier. As Chair of the Legislative Committee, Councilor Magovern provided a report stating that Mayor Sapelli wanted to revamp the Law Department and to fairly compensate for the hours being put in by the staff. He noted that this would in essence reduce the billable hours. After much discussion, the committee sent a positive recommendation by a vote of 4 Yes, 1 No (Councilor Bitzas). Councilor Letellier asked in past requests, the backup shows how many hours and breaks it down. Councilor Bitzas said he was the only no vote. How many hours does the Solicitor work in this part time position? He cannot justify the increase. Councilor Sandlin noted that the Mayor provided a lot of insight to this item. The present Solicitor works 30 hours. She suggested there might be a need for additional information however she does support it. Councilor Magovern said the present Solicitor is putting way more hours than he is getting paid for. This method is far more transparent than before and is more reasonable to put limits on billable hours. Councilor Cavallo said he is well worth the money. Councilor Mercadante said we need to trust the Mayor’s judgement on this one. Attorney Buoniconti is very accessible and extremely thorough. He saves the town a great deal of money in certain aspects and there is a peace of mind in knowing we have a good attorney in our corner and that is irreplaceable. Councilor Mineo wanted to know what the billable hours were for FY17 and FY18? Council President Johnson said he would prefer to get all the requests and then table the item rather than go into Committee as a Whole. Councilor Rossi noted that the past solicitors haven’t worked out so well and we need a solicitor that works well with the Mayor and the City Council and pay him more for that and he believes the billable hours will be reduced. He stated that Attorney Buoniconti is very honest and trustworthy. Councilor Magovern agreed and added why table this – we should vote on the first reading, get the answers to our questions and then be prepared to vote the second reading. Councilor Letellier reminded everyone that this is NOT about Attorney Buoniconti’s skills. This is about changing the actual ordinance. This changes the salary for future solicitors. Please don’t think this is an issue of disrespect. We need a job description that sets the job duties, hours and billable details, expectations of the position. Councilor Bitzas agreed and said he cannot vote yes on this item. Council President Johnson stepped from the Chair to suggest getting all the answers first noting a clear policy is needed, along with billable hours for the last couple of years, the last salaries of recent solicitors, a description of the job and billable hours as well as the number of hours to be worked. Councilor Mineo said billable hours have been about $100,000 in the past! Council President Johnson said they have had the same salary since he was mayor. Motion to table this item was moved by Council Vice President Calabrese and seconded by Councilors Suffriti, Letellier and Cavallo. The vote of 10 YES, 1 NO (Councilor Mineo) tabling the item. 3. TO-2018-11 - Budgetary Transfer of $1756.44 from the Reserve Fund (#16605-57300) to the Persons and Property (#16602-52001) (Mayor Sapelli) (Referred to Finance Committee) Motion to approve made by Councilor Sandlin and seconded by Councilor Suffriti. As Vice Chair of the Finance Committee, Councilor Mineo provided a report stating that this item was to settle issues that residents had with the town and a positive recommendation was sent to the Full Council by a vote of 4 Yes, 0 No, 1 Absent (Councilor Letellier). The vote was 11 YES, 0 NO approving the item. 4. TO-2018-12 - An Order granting or renewing a Junk Dealer’s PERMIT for Block Jewelers, Inc., 299 Walnut Street, Agawam (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Sandlin. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee gave a positive recommendation by a vote of 5 Yes, 0 No. The vote was 11 YES, 0 NO approving the item. 5. TO-2018-13 - Budgetary Transfer of $20,000.00 from the Firearms Qualification (#12101-51130) and $50,000.00 from the Uniform Allowance (#12101-51070) to Longevity (#12101-51400) for a total transfer of $70,000.00 (Mayor Sapelli) (Referred to Finance Committee) Motion to table made by Councilor Sandlin and seconded by Councilor Cavallo. The vote was 10 YES, 1 NO (Councilor Rossi) tabling the item. 6. TO-2018-14 - Budgetary Transfer of $4,000.00 from Reserve Fund (#16605-57300) to Professional Services (#16602-52190) (Mayor Sapelli) (Referred to Finance Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Mineo. As Vice Chair of the Finance Committee, Councilor Mineo provided a report stating that this item was provide an appraisal for the Tennis Road property and a positive recommendation was sent to the Full Council by a vote of 4 Yes, 0 No, 1 Absent (Councilor Letellier). The vote was 11 YES, 0 NO approving the item. Item K. New Business 1. TR-2018-35 - A Resolution adopting the Fiscal Year 2019 Annual Operating Budget for the Town of Agawam (Mayor Sapelli) – Suggest a Public Hearing Date of June 4, 2018 Public Hearing set for June 4th, next Agenda. 2. TR-2018-36 - A Resolution appropriating $220,000.00 from Free Cash to Building Maintenance Electricity/Heat Account (#11922-52110) (Mayor Sapelli) Referred to Finance Committee, next Agenda. 3. TR-2018-37 - A Resolution confirming the appointment of Susan Cameron, LMT, 19 Witheridge Street, Feeding Hills, MA to the Whiting Street and Thomas Pyne Fund Commission for a term expiring December 31, 2021 (Mayor Sapelli) Next Agenda. 4. TO-2018-15 - Budgetary Transfer of $2,800.00 from Carry Over Professional Services (#11379-52190) to Professional Services (#11372-52190) (Mayor Sapelli) Referred to Finance Committee, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Magovern said the Memorial Day celebration is something families should do together. Councilor Cavallo will be at the parade – this sets a good example and supports our veterans. Councilor Letellier said she plans on being in Gettysburg for Memorial Day. Councilor Sandlin pleaded that something needs to be done with our audio system. This was such an important meeting and no one could hear it. Councilor Mineo congratulated his daughter on graduating from WSU. Item M. Adjournment. The Motion to adjourn was moved by Councilor Magovern and seconded by Councilor Mercadante. Meeting was adjourned at 8:24pm.    TO-2018-12 permit was also issued