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07-08-19 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated July 8, 2019 Meeting was called to order by Council President Johnson at 7:00pm in the Auditorium at the Agawam Junior High School, 1305 Springfield Street, Feeding Hills. Item A. Roll Call ROLL CALL – 8 PRESENT, 3 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Council President Christopher Johnson, Robert Magovern, Dino Mercadante, Joseph Mineo, Rosemary Sandlin, Robert Rossi and Anthony Suffriti. Councilors Gina Letellier, Paul Cavallo and Cecilia Calabrese were absent. With eight present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. Council President Johnson asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen’s Speak Time Item D. Minutes 1. Regular Council Meeting – June 17, 2019 Motion to approve the minutes was moved by Councilor Mercadante and seconded by Councilor Sandlin. Voice vote approved with Council President Johnson noting the abstention of Councilor Rossi. Item E. Declaration from Council President None. Item F. Presentation of Resolutions 1. TR-2019-46 - A Resolution confirming the reappointment of Kenneth Largay, 187 Edgewater Road, Agawam, MA to the Agawam Liquor License Commission to a term expiring the first Monday in June, 2024 (Mayor Sapelli) Motion to approve made by Councilor Suffriti and seconded by Councilor Magovern. There was no discussion on the item. The vote was 8 YES, 0 NO, 3 ABSENT (Councilors Letellier, Cavallo and Calabrese) approving the item. Council President Johnson thanked Mr. Largay for his continued service on the Liquor Licensing Commission. 2. TR-2019-47 - A non-binding Resolution encouraging the Mayor to enhance spending for road and sidewalk repairs with Local Option Meals Tax funds (Councilors Bitzas and Johnson) Motion to approve made by Councilor Bitzas and seconded by Councilor Suffriti. Councilor Bitzas spoke in support of this item stating that people he spoke with wanted the Council to take a stand to have this money go towards the streets and sidewalks. He did not want to see this money go to the General Fund and strongly urged the Council to support this. Councilor Mercadante noted this being a non-binding resolution and more of a “feel good” piece of legislation. He would be voting against it because he does not want to hamstring our Mayor noting Agawam has many needs. Mayor Sapelli has been doing a great job and Councilor Mercadante stated he had every confidence in his decisions. Councilor Sandlin agreed with Councilor Mercadante noting that it is the Mayor’s job to do what is best for the Town of Agawam. Councilor Rossi was originally going to let this go however after listening to Councilor Bitzas’ speech, he changed his mind and agreed it would send the wrong message to tell the Mayor what he should do. Councilor Magovern appreciated what Councilor Bitzas said however he, too, has every confidence in the Mayor in how he decided to spend this revenue and would not want to second guess him. We as a Council should not be in the business of dictating what the Mayor does or doesn’t decide. Councilor Mineo agreed the Mayor is doing a great job and thinks he can make this decision on his own. He understands Councilor Bitzas’ passion but this is not a necessary piece of legislation. Councilor Bitzas agreed that Mayor is doing a great job with the streets and sidewalks especially since they have been neglected for far too long. He noted that this resolution pertains more to future mayors. Councilor Suffriti understands where Councilor Bitzas is coming from noting that people coming in to town patronizing the restaurants and businesses that would create this revenue would also be using our streets and sidewalks however our job is not to micromanage the Mayor – our job is to make the funds available for him to do his job. This decision falls directly on the Mayor. The vote was 2 YES (Councilors Bitzas and Johnson), 6 NO (Councilors Magovern, Mercadante, Mineo, Rossi Sandlin and Suffriti), 3 ABSENT (Councilors Letellier, Cavallo and Calabrese) defeating the item. 3. TR-2019-48 - A Resolution authorizing the adoption of Orders of Taking for the Feeding Hills Right-of-Way Project under the authority of Section 14 of Chapter 40, Chapter 79 and Chapter 84 of the Massachusetts General Laws for the construction and maintenance of Mass DOT Project #600513: Transportation Improvement Project South Westfield Street (Route 187) (Mayor Sapelli) Motion to approve made by Councilor Sandlin and seconded by Councilor Suffriti. Council President Johnson noted this was for the reconstruction of the area where South Westfield Street heads towards Oak Ridge Country Club and Pine Street continues straight towards Barry Street. Councilor Bitzas stated he had conversations with some of the abutters who had refused to take money from the town when this happened, wanting to donate that money. Council President Johnson stated when the packet of information gets sent to the abutter, there is a signoff sheet where the abutter can choose to donate the easement whether permanent or temporary back to the town. Each piece is valued and then they come up with a total amount. MassDOT will reimburse the town for the costs of the takings. To date, two property owners have stated on the record that they would donate the money back to the town. Council President Johnson noted the importance of acting on this item this evening as there is a timeline deadline with the state. The vote was 8 YES, 0 NO, 3 ABSENT (Councilors Letellier, Cavallo and Calabrese) approving the item. 4. TR-2019-49 - A Resolution confirming the appointment of Mary Lee Bertrand, BSN, 926 North West Street, Feeding Hills, MA. to the Board of Health to an unexpired term expiring the first Monday in February, 2022 (Mayor Sapelli) Motion to approve made by Councilor Magovern and seconded by Councilor Sandlin. The vote was 8 YES, 0 NO, 3 ABSENT (Councilors Letellier, Cavallo and Calabrese) approving the item. Council President Johnson thanked Ms. Bertrand for her willingness to serve. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings None. Item J. Old Business 1. TO-2019-25 - Budgetary transfer of $58,395.29 from DPW Ice Control Materials (#14203-52210) and $66,366.62 from DPW Snow & Ice Overtime (#14201-51031) for a total transfer of $124,761.91 to Equip Rentals – Snow 14202-52071) (Mayor Sapelli) (Referred to Finance Committee) Motion to approve made by Councilor Mercadante and seconded by Councilor Suffriti. As Vice Chair of the Finance Committee, Councilor Mineo provided the report stating that the committee met this evening and discussed details of this item with the Treasurer. Motion to send a positive recommendation to the Full Council was moved by Councilor Mercadante and seconded by Councilor Johnson who acted as ex officio. The vote was 3 Yes, 0 No, 3 Absent (Councilors Letellier, Cavallo and Calabrese) Council President Johnson noted that this item closed the deficit spending through July 15th as allowed by Massachusetts General Laws. The vote was 8 YES, 0 NO, 3 ABSENT (Councilors Letellier, Cavallo and Calabrese) approving the item. Item K. New Business 1. TR-2019-50 - A Resolution accepting a grant from the Commonwealth of Massachusetts Department of Energy and Environmental Affairs pursuant to Massachusetts General Laws Chapter 44, Section 53A in relation to the Municipal Vulnerability Preparedness Program(Mayor Sapelli) Next Agenda. 2. TR-2019-51 - A Resolution to appropriate Seventeen Thousand and Eight Hundred and Two Dollars ($17,802.00) for the Massachusetts Nurses Association Agreement with the Town of Agawam (Mayor Sapelli) Next Agenda. 3. TR-2019-52 - A Resolution to amend the Rules and Regulations of the Agawam City Council to allow for remote participation at City Council meetings (Councilor Johnson) Referred to Legislative Committee, next Agenda. 4. TR-2019-53 - A Resolution to appropriate Eighty Nine Thousand and Two Hundred and Ninety Five Dollars ($89,295.00) for the Agawam Police Patrolman’s Association Agreement with the Town of Agawam (Mayor Sapelli) Next Agenda. 5. TO-2019-26 - Order granting or renewing a Junk Dealer’s PERMIT for Baki’s Fine Jewelry, 9 North Westfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 6. TO-2019-27 - Order granting a Class 2 Dealer’s LICENSE to 57 Auto, LLC, 371 South Westfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 7. TO-2019-28 - Budgetary Transfer of $89,295.00 from Salary Reserve (#16605-57350) to the following: Regular Salaries #12101-51010 $54,500.00 Overtime #12101-51030 $ 6,675.00 Holiday Pay #12101-51050 $ 3,420.00 Court Time #12101-51080 $ 1,000.00 Science College #12101-51120 $23,700.00 Next Agenda. 8. TO-2019-29 - Budgetary Transfer of $16,705.00 from Salary Reserve (#16605-57350) to Regular Salaries (#15101-51010) Next Agenda. 9. TOR-2019-6 - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding personal wireless facilities and towers (Mayor Sapelli) (Two Readings Required) Officially referred to Planning Board and also referred to Legislative Committee, next Agenda. Item L. Any other matter that may legally come before the City Council. Every councilor individually sent prayers and well wishes to Gina and asked everyone to keep her in their thoughts and prayers. Councilor Sandlin also asked to contact the custodian regarding the elevator not working – needs to be handicap accessible. Councilor Bitzas also supplied information about the 2019 Summerfest at School Street Park. Councilor Magovern also hoped that everyone took the time this Fourth of July to remember our veterans and all of those who helped to gain our independence in 1776 noting we have one of the best constitutions in the history of man. Council President addressed some housekeeping items reminding the Council of the dedication of the Judy Clini Community Room at the library on Thursday as well as holding a workshop after the August meeting on recreational marijuana. He also mentioned keeping Gina in our thoughts and prayers and noted there is an upcoming fundraiser for her. Item M. Adjournment. The Motion to adjourn was moved and seconded around the house. Meeting was adjourned at 7:29pm.