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CC MTG MINUTES FEBRUARY 3 2014 • REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated February 3, 2014 . President Johnson—I'd call the meeting to order. Item 1. Roll Call • President Johnson—I'd ask Barbara to call the Roll please? ROLL CALL--I I PRESENT, 0 ABSENT President Johnson —With eleven present, we have a quorum. Item 2. Moment of Silence and the Pled e of Alle lance. President Johnson -- I'd ask everyone to rise for the moment of silence and Pledge of • Allegiance please? Item 3. Citizen's Sneak Time President Johnson — Pursuant to Council Rules, as I announce please come forward, state your name and address and comments will be limited to five minutes per speaker. • The first signed up is Robert Rivkin. Robert Rivkin —My name's Bob Rivkin, i live at 34 Sherwood Drive in Agawam. I've been a resident of Agawam since 1986 and during this past thirty years or so; I have played most of my golf if not all of my golf at Agawam Municipal Golf Course. I • honestly don't remember the last time I saw new golf carts up there but I know the last ten years or so, everything seems to be going downhill. I think it's a dangerous situations up there at times even though it's not relatively a hilly course, there is a couple of holes like the 10'h and the I Vh, I've had carts myself where I had no brakes and I'm going down the hill at a relatively high rate of speed with no brakes, I just had to wait until the • cart got down to a level area of the golf course and slowed down. Fiat tires are a normal thing there every day. At the end of our golf day and I am a past President of our Association which we have anywhere from sixty to seventy people that belong, we play every weekend, Saturdays and Sundays, weather permitting, there's nothing more irritating that getting done with an 18 hole round of golf and then the people from the • golf course are at your side saying I need your cart right away. They take your bag off and everything because there's other people waiting to go out and they don't have a cart. It's very unfortunate because there are people that we had at Agawam that ended up going up to Tekoa Country Club —that is one of the reasons why—they have a very good fleet of golf carts up there with covers on them, it protects you from the rain, inclement • weather, etc. St. Anne's has the same type of golf carts. They have enclosures that are very unique in that you can be inside this golf cart and never get wet, even in the winter time it kind of like keeps you warm so I'm here to ask you that you give this some 1 • consideration, helping us out at the golf course. We definitely need these new carts. Again, it's dangerous, some of them are very dangerous and I think a new fleet of golf carts will obviously bring in more people to the golf course and therefore we would be generating more money going back into the town. Thank you. President Johnson--Thank you. Next is Dan Michael? Dan Michael —Thank you very much. Good evening. My name is Dan Michael. I live at 85 Pineview Circle. I have been a resident here in Agawam since 1968. My children have grown up here and gone through the schools. Just to reiterate very briefly on the golf cart issue, I think that I've seen the growth of the golf course turn into a profit making potential. I see the leadership of the two men who run the course —Tony Roberto and Dan Shea — as being excellent. What has become a very detrimental strain on the ability to make money has been the deteriorating carts. They are beyond an embarrassment. I believe in fixing things until they can no longer be fixed and I've concluded by playing every day for the last many, many years, that these are beyond repair and I've seen unfortunately I've seen men and women leave the course after the third hole because their cart broke and the one that Tony or Dan Shea brought to them has also broke on the fifth hole so they leave and they say in negative terms let's go to St. Anne's and I do want our course to be profitable because it's a beacon for the Town of Agawam. So I would ask that you strongly consider, I understand completely how tight money is, I just paid my house tax today by the way so you may use it if you feel necessary but thank you and I think that with new golf carts, I think you'll see the next 40 level of excellence at the course. Thank you. President Johnson—Thank you. Next is Dean Godek? Dean Godek—Hi. My name is Dean Godek. I live at 24 Cedar Knoll Drive in Feeding Hills. I'm the Chairman of the Gaff Commission. I have been since the town purchased the golf course. It's unfortunate that we're here today to ask for help from you. Since the course had started, we've been self-sustaining. We've always tried to turn a profit. We had money in a slush fund that we've used for other projects and other repairs. It's unfortunate that we're talking about golf carts in the golf industry. It's been known as a way to get exercise is to walk unfortunately 75% of the people now take carts instead of • walking and getting exercise,maybe that's one of our problems,but I don't think we'll be able to change it now. These carts are just, not to beat a dead horse, but these carts are tired. They're tired, they're old, we're spending too much money, too much time, repairing them, less time putting our efforts on the golf course, on the course itself. So just as a Commissioner,just looking for your support to help us out and hope that we can • continue to get this golf course turned around and get back to where we were turning a profit. Thank you. President Johnson—Thank you. Next is Daniel Shea. Daniel Shea —Hi, My name is Daniel Shea, 32 Sapphire Street in Enfield, Connecticut. It is a privilege to serve the Town of Agawam as their Golf Course Superintendent at 2 • N Agawam Municipal Golf Course. As we look to the future, we must review all the positive accomplishments at the golf coarse. I feel we are a very marketable golf course in a competitive area. As Superintendent, I always strive to improve the daily conditions of the golf course and grounds, to offer our customers a positive golfing experience. I believe with some support, we can return to a very profitable facility. There have been many positive investments in the course in the past budgets such as irrigation, drainage and cart path projects. We are now asking the Town Council to understand the need for golf carts. At present, our average age of golf carts is 14 years. Past the national average for replacements, repairs on all golf vehicles are exhausting our yearly budget and not offering our customers a positive golfing experience. As we go forward in 2014, I feel we can be very competitive with our agronomic and esthetic conditions on the golf course to help attract golfers but with failing golf carts that cannot serve our customers, we fail to be competitive in the area golf market. We are asking for the Town Council of Agawam to invest in their golf course. I feel that the full potential has not been met at Agawam Municipal Golf Course. As we enter the future, I am starting the process to include the golf course in the Audubon Cooperative Sanctuary Program for Golf Courses. There is much historical significance at the course. I would like to.thank the Town Council for the opportunity to speak with you. • President Johnson—Thank you. Next is Mario Tedeschi? Mario Tedeschi—Hi. My name is Mario Tedeschi. I live at 150 Juniper Ridge Drive in Feeding Hills. I just want to take a moment to follow the footstep of the Chairman here but I'm also a golf commissioner for about five years now and just a quick little story on how we've been dealing with this since day one, five years ago. I remember my first Golf Commission meeting we had two major topics on the Agenda — one was the condition of the golf course, we've pretty much fixed that, we've picked up Dan Shea and things have turned around, a lot of comments on the quality of the course itself and the other we were talking about how bad our golf carts were — like five years ago and we're still talking and the countless hours that we have meetings and we talk about yes, we're gonna do new golf carts, this year, this year, this year. It's beyond repair so I just wanted to give my two cents to support in hope that the town offers the funds needed to go forward with this project. Thank you. President Johnson—Thank you. Next is Bob Chmura? Bob Chmura — Hi folks. My name is Bob Chmura. I live at 33 Norman Terrace in Feeding Hills. I've lived there since 1981 or so and one of the other gentleman was saying that a lot of people are using golf carts. I don't use the golf carts, I'm a walker but let me tell you it's a mess out there. At least twice this year, I've helped elderly people off the course when their carts have broken down out there, got their golf clubs, luckily we were close enough to the club house where we could get things up there comfortably. It's a reality that if you go up there, if you're not a golfer and you don't believe any of this, go up there on a Saturday or Sunday when it's really, really busy and just look at the anger on some people's faces. Some of the people act like jerks, they just let things get out of hand and they storm out of the club house and I mean that's just the way people 3 i • are and a lot of them are fairly reasonable but when they're waiting for a golf cart and there just isn't any available and you can see two broken down on the front nine and then someone else says there's another one broken out on the back, it's just people want golf carts today. That's all there is to it and I think, I don't know how a golf course can be competitive without having carts that actually work and work well. That's just my opinion and like I said, I'm a walker, but most people want to ride and it's kind of like a travesty out there or at least on the weekends that I've been there, it's been a real mess i sometimes,just because of broken equipment and I thank you for your time. President Johnson—Thank you. Next is Tony Roberto? Tony Roberto — My name is Tony Roberto. I reside at 176 Wood Pond Road in South Windsor, CT. It's my pleasure to serve the Town of Agawam and the General Manager i and the PGA Director of Golf and I do echo the thoughts of the previous speakers in front of me. I don't want to beat a dead horse but the one thing I can tell you is we have gotten a great amount of usage out of these golf carts. In the northeast, the average length of time with proper service on golf carts is 4-6 years. That's the average in the northeast with properly maintained service records on them. If we are able to purchase carts if the i Council will consider that, we would also part of this plan on these carts is purchase a service program, that's what we're looking for in the bid which would maintain the carts in addition to our staff maintaining them, detailing them once a month, washing them after each use with the proper commercial materials that aren't available in a store, we actually have commercial product degreasers and things that we would use to maintain • these carts ourselves. The companies that we're seeking to bid on this project, they will provide a service technician once a week at the same time every week to come out and maintain these carts. So if it was a Friday afternoon and we were going into a very busy weekend, we would have them on call if they were here on Thursday and they either repair the carts or get us some other carts nearby — a couple of the companies that were probably gonna bid have accounts nearby that have fleets of carts in the area of 200-300. So we wouldn't be in that situation where a dead cart would be like a flower pot on the golf course. The maintenance of the carts that we've had and they've gotten to this condition, I can't tell you I don't know how they're still running. I was talking to somebody earlier in the evening—there's one other course, it's in Eastchester, New York, they just purchased a fleet of carts that's about three hours from here just outside of Westchester,they had this same year of carts—2001 Club Cars--that we had and I found out from the gentleman who's interested in purchasing our used fleet — the one thing about gas golf carts, they do have a huge resale value, they're used in retirement homes. They are rebuilt for custom carts that developers would give to homeowners when they buy in a high end property and they are saleable as will be the next fleet of carts if we do i get them. In terms of our competition, we face very stiff competition in the Western Mass market. We have ten golf courses within 9.9 miles of Agawam Municipal. Out of those ten courses, we have two courses—The Ranch and Crestview—which aren't in our price range but the other eight courses as far away as East Mountain are all in our competitive price range and some of the courses might have better quality facilities and 6 they're lowering their greens fees and cart rates but the difference is they've got a fleet of carts that run all the time and one of our problems as Mr. Chmura said on Saturdays and 4 0 Sundays that we run into, we have to hold back seven tee times between the hours of 6:48am and 11:30am just so we don't run out of carts for the general golfing public that book those tee times. Whereas our competitors are booking solidly 28 people every hour and we can't do that and it's adding up to some serious lost revenue. You heard a few of the guys say people have come in a lot, usually when a golfer comes in we want to create a really great first impression, it's almost like going into the cigar shop in town — their goal when you walk in there, I don't smoke cigars but one of the members, I went in there with him and it's a warm, fuzzy atmosphere and-- • Clerk—One minute please. Tony Roberto —And they provide all kinds of different materials, low end, mid end and high end. We just want to provide the experience when he or she opens the trunk of their car and they come in and register in the golf shop to play, that we give them a cart that's not making crazy noise, that's got a great look and all the amenities that they're looking for and they go out and play, go back to the car and they'll really be happy and we want them to come back and we feel that if you could help us out, we could really maintain the customers that we have because right now we're losing some of them. Thank you very much. President Johnson—Thank you. That concludes Citizen Speak Time. Item 4. Minutes 1. Regular Council Meeting—January 21,2014 President Johnson — The January 2 1" minutes aren't completed yet so they'll go on to our next Agenda. Item 5. Declaradonfrm Council President None. Item 6. Presentation of Petitions,Memorials& Remonstrances 1. TR-2013-57 -A Resolution Accepting a Grant from the Commonwealth of Massachusetts Department of Fire Services pursuant to Massachusetts Chapter 44,Section 53A to the Agawam Fire Department(Mayor) i President Johnson — Is there a Motion? Moved by Councilor Bitzas, seconded by Councilors Cichetti and Rossi. Questions or discussion on the Resolution? For the public's information, it's a grant in the amount of$7,704.00. Seeing none, all those in favor say Ay? Any opposed? It's unanimously approved. • 5 i 2. TR-2013-58 -A Resolution Accepting a Grant from the National Association of County and City Health Officials pursuant to Massachusetts General Laws Chapter 44,Section 53A to the Agawam Health Department (Mayor) President Johnson — Is there a Motion? Moved by Councilor Letellier, seconded by Councilor Rossi. For the public's information, the grant amount is $3,500.00. Questions or discussion on TR-2013-58? Seeing none, all those in favor say Ay? Any opposed? • It's unanimous. 3. TR-2014-1 -A Resolution Accepting a Gift in the Amount of Ten Thousand ($10,000.00)Dollars from the Agawam Dog Owners Group pursuant to Massachusetts General Laws Chapter 44,Section 53A for the Agawam Dog Park(Mayor) President Johnson — Is there a Motion? Moved by Councilor Letellier, seconded by Councilors Rossi and Cavallo. Questions or discussion on TR-2014-1? Seeing none, all those in favor say Ay? Any opposed? It's unanimously approved. ! 4. TR-2014-2 -A Resolution Confirming the Reappointment of Alice Smith,523 North Westfield Street,Feeding Hills,MA to the Historical Commission to a term expiring January 1,2017 (Mayor) President Johnson — Is there a Motion? Moved by Councilor Rossi, seconded by Councilor Cichetti. Questions or discussion on TR-2014-2? Seeing none, all those in favor say Ay? Any opposed? It's unanimously approved. 5. TR-2014-3 -A Resolution Appropriating three-hundred thousand dollars(300,000.00)from Free Cash for the purchase of sixty-six(66) motorized golf carts and corresponding service plan for the Agawam Municipal Golf Course. (Mayor) President Johnson -- Is there a Motion? Moved by Councilor Calabrese, seconded by Councilors Cavallo and Rossi. The matter was referred to the Finance Sub-Committee, Councilor Mineo? Councilor Mineo - Okay, in attendance tonight were the whole committee — Gina Letellier, CeCe Calabrese, Don Rheault, Anthony Suffriti and myself— the Auditor was here Cheryl St. John, Tony Roberto and Dan Shea from the Golf Course, Bob Rivkin, Mario Tedeschi, Dan Michael and Dean Godek from the Golf Commission, Will Reichelt and Councilors Bitzas and Cavallo. Some questions were asked about the carts about the golf course being self-sufficient. The golf course is self-sufficient but we need to get these new carts. According to Tony Roberto, we've had $60,000 in lost revenue but we're going to be selling the old carts to Capital Power with a trade-in value of$40,000- $45,000. The Golf Enterprise would reimburse the remainder of the $300,000. We're getting this cash from Free Cash and there's just about $6.9 million. If we did purchase the carts, we'd have them for golf season, we'd get them by April 7"'. We spent approximately around $13,000 in rental; we were renting golf carts so that's my report. 6 i The committee voted in favor 5-0 but there's an amendment and if Gina, you could read that amendment for me because you took it down, I'd appreciate it. • Councilor Letellier — Certainly. Will from the Law Department was there and hey indicated to us that DOR said that by adding any language about reimbursement it wouldn't be enforceable however we all felt more comfortable that the Golf Commission and the Golf Course Supervisor knew that we wanted this money to be repaid even though DOR says we can't make it mandatory. So we agreed to the following amendment. So after the last phrase "requisite bidding procedures", we voted 5-0 to approve the amendment"and said amount shall be repaid to the General Fund by the Golf Enterprise Fund within ten years" and that's the amendment that was approved by the Sub-Committee and I can show it to Barbara or repeat it if you'd like for Council President. Sure "and said amount shall be repaid to the General Fund by the Golf Enterprise Fund within ten years". President Johnson — So I'll take that as a Motion to amend and a second on the Motion to amend. Questions or discussion on the amendment only? Seeing none, all those in favor of the amendment say Ay? Any opposed? The amendment passes unanimously. We're now to the main Motion as amended. Questions or discussion? Councilor Bitzas? Councilor Bitzas —Thank you Mr. President. I attended the sub-committee meeting and was very happy that the committee voted in favor of the carts. I'm not a golfer but I visit the golf course sometimes, once in a while, see what is going on and I heard so many complaints and the main complaint actually the complaint that I heard all the times was the carts,not on the golf course but in the coffee shops,they stop me golfers and they say how can we do that? It's a beautiful course. I don't, some of you maybe, maybe Councilor Rheault was at the time and President Johnson when he was the Mayor, I remember it like yesterday, but a couple 20 years ago, we were up there at the course and there was auction and many people wanted to buy that to make homes, houses, but we did the right thing and bought the course. We were criticized and probably Chris would remember that the course will not be successful, we did the wrong thing but now not one complaint. Everybody is happy now and I don't want to see this course to go down. By not voting to have these carts replaced, we're not doing any good favor the golf course, not doing any good favor for our town. We've got to have a course to compete with the i surrounding golf courses and I think this is a step in the right direction. I hope any other problems there we can solve them. We should be down there watching. I'm very glad that the food situation changes and we have a diamond up there. We have to take advantage and do our best to help. Thank you Mr. President. i President Johnson —Other questions? Councilor Rossi? Councilor Rossi— Yes, thank you. I'm very happy to see the support that's been given here tonight for this golf course. This golf course, I've always been a very strong advocate for this golf course, I play there occasionally and years ago we used to have a • lot of my friends sometimes 15-20 people would show up and play on a Tuesday morning and now we recently came back since the regime took over and the golf course has been 7 • picking up but it was disheartening to see when you play a round of golf that there's always three or four carts that are broken down somewhere on the golf course. It doesn't ! lend a very good picture for the community out there and the people playing but that aside, I think that the golf course needs every opportunity to succeed and this is certainly a step in the right direction for the success of that golf course if it's every gonna pick up and success. We really need to start doing things like improving the golf course and improving the play and improving the course to make people want to come there. As I said many, many times before if you build a better mouse trap, the world would beat a path to your door and I believe that this is one of the first steps in doing that so I'm very happy to see the support that's here today and I would strongly recommend that we purchase these golf carts. Thank you. President Johnson—Other questions or discussion? Councilor Perry? • Councilor Perry — Yes, thank you Mr. President. I, too, want to support the town's course, to see it succeed but I guess I do have a question in regards to, possibly through the Chair, to the Chairman of the Finance Committee, Councilor Mineo or maybe possibly Councilor Letellier with the amendment — `shall be paid to the General Fund from the Golf Enterprise Fund within ten years' — how is that going to be monitored in regards to who's going to watch that to see if this money is being paid back,if they have an off year, I mean did we talk about that at all in the meeting itself? Councilor Mineo — We didn't talk about that but what I can do and I will call Cheryl tomorrow and make sure that this is monitored if you're comfortable with that. Councilor Perry — Yeah, well that's my main thing, this is self-sustaining entity but they're coming to us and asking us to take taxpayers' money out of the Free Cash to support the golf carts which is going to make the course that much more inviting to . customers which I have no problem with, the main thing is that we have other self- sustaining accounts in town — the Water Department, the Sewer Department — and everything else of that nature which buys their own new equipment and things and I just want to make sure that this money will be paid back over the course of ten years so we can be assured of that,that taxpayers' money is coming back in. Councilor Mineo —Barbara, could you get a memo to Cheryl tomorrow making sure that she monitors this? President Johnson — Stepping from the Chair, the town purchased the golf course now just a little more than twenty years ago. Since its inception, it's been a self-sustaining • department where the fees generated by the course have paid the expenses at the course including buying two sets of golf carts over the course of the 20+ years that the course has operated. This is the first time to my knowledge that they're coming to ask for taxpayer money to support the golf course and again as is typical with the current administration, there's absolutely positively no financial information provided with the Resolution asking us to spend the $300,000 of taxpayer money, not rate payer money, taxpayer money, but accompanying the memo, the single page memo from the Mayor ! asking for $300,000 of taxpayer money, he does point out the fact that we're changing from a private vendor to town-run operations for the food, when last year they were before us saying that the town-run operation of the food cost us money and even if we only make one dollar from the private vendor, that's more than, better than losing money on the town-run operation. So again, I guess I have credibility issues with what's going on at the golf course. I agree that they need new golf carts but why they didn't use the same process for the last two times they bought the golf carts which is at least purchase through the Enterprise Fund, so that the taxpayers aren't being asked to pay for them and ! that the rate payers, the people that use the golf carts, are being asked to pay for them, I'm not sure but again, we got no financial information relative to the golf course with the request. We got a single page asking us to spend $300,000 of taxpayer money to replace the golf carts. I for one can't justify spending taxpayer money unless I know what the financial condition of the golf course is. So given that, you won't have my support today because I would have loved to have been at the Finance Sub-Committee meeting but I wasn't notified of it so I had no idea that it was even going on and I would have been happy to ask the same questions there. Councilor Letellier? Councilor Letellier— Yes, thank you. I did ask Mr. Roberto for a breakdown of profit • and losses specifically with regards to the Groupon price that is being constantly on Groupon. I don't know how we can make any money at that level and I said to him that I wanted to see that before I would approve his budget as part of the June budget. I certainly understand and respect your position that this should be part of the self- sustaining funds. My sense is that without these golf carts that the self-sustaining funds are going to continue to lose funds and this may be an exception where it may be necessary to spend the money to allow the golf course to become more profitable. This whole farce with the outside company was a waste of our time and money. I tried multiple times to book an event at the golf course for the Rotary Club dealing with Mr. Roberto and this other gentleman getting absolutely no response whatsoever and you would think that they would have wanted to make a good impression on a town organization and at least contact me back about scheduling. So I'm going to look at the golf profit and loss statement very closely but for this expense, I'm hoping that we'll see the return that the Golf Commission members are saying we're gonna get and if not,there is no way that I or I hope any future Council would allow this type of expenditure again outside of the self-sustaining funds. Thank you. • President Johnson—Councilor Cavallo? Councilor Cavallo — Yeah, I was impressed with the presentation that was given tonight by the Commission and I feel when you're talking about running a business like that and if carts are breaking down and people are complaining and as you mentioned Mr. Roberto mentioned you can't that many people off in an hour, you're losing people. They're going to other golf courses. I think it's' an opportunity to give them a chance and I think I'll vote in favor of this appropriation because I feel that, let's see how it goes. I mean we've got to give people a chance and you can go back and blame the previous pro too, I ! don't know, I don't know what happened back then but it seems though Mr. Roberto is keeping us on top of what's going on at that golf course, more than when I was on the 9 0 Council and Mr. Dunn was here so my, I'm gonna go along and back this $300,000 appropriation. Councilor Cichetti -Thank you. I will be showing my support tonight for this item on the Agenda as being an avid golfer up at the golf course, that course has come leaps and bounds from where it was even five or six years ago. The golf carts up there are just atrocious. This is something that everyone on the Council definitely needs to back, sometimes you have to invest to get a return and I think that this is one of those items. * Thank you. President Johnson—Councilor Mineo? Councilor Mineo —I'm in support of this. The golf course was purchased twenty years ago, we need to continue to support the golf course. Mr. Roberto has indicated that 25 of these 69 carts that are up at the golf course are dead so I don't know how we can't support this. We have to. If we're gonna make any money with this golf course, I mean, now's the time to do it or we shouldn't have bought the golf course twenty years ago. i President Johnson—Other questions or discussion? Councilor Perry? Councilor Perry— Yes, thank you, Mr. President. Believe it or not Chris I was against purchasing the golf course. I don't know if you remember that but I was. One of the things that I guess comes to mind is when you're running a business and you have equipment that is going to deteriorate over time that you would plan out to where you would replace x amount on maybe an annual or bi-annual year and I'm just throwing this out to the commission that you might want to think about instead of purchasing 66 because you need 66 because they're dead, is get a rotating type thing where every so many years, you're purchasing ten so the expense is low and the Enterprise Fund can handle it and not really take a big hit. You know what I'm saying? So that's what I'm looking at, it's an Enterprise Fund, I don't think we should be taking money from the Free Cash to support it but it is a town business and I will support it this evening only because I, from what I'm hearing, the course needs these carts to even be competitive in the market which I know is very competitive and with the economy being down as it has been for the last five years, we need everything we can to make sure it's going to be • successful in the future so just a recommendation from me, that type of equipment start looking at rotating so you can have small purchases that the Enterprise Fund can handle as you move forward. Thank you. President Johnson — Any further discussion? Seeing none, if you're in favor of the Resolution as amended, vote yes. If you're opposed, vote no. Barbara, call the Roll please? ROLL CALL—10 YES, 1 NO (Councilor Johnson) President Johnson —With a vote of ten yes, one no, you've approved the Resolution. 10 • • Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings None. Item 10. Old Business r 1. TO-2013-24 -Order granting or renewing a Class 2 Dealer's LICENSE for Agawam Auto Mall,Inc.825 Springfield Street,Agawam,MA(Clerk) (Tabled IJ21114)(Referred to Administrative Committee) President Johnson — We have a Motion to remove the item from the table made by Councilor Rheault, seconded by Councilor Cavallo. All in favor of taking the item off the table, say Ay? Opposed? The item is off the table. Since the Chair is in doubt, the Chair will entertain a Motion to approve TO-2013-24, moved by Councilor Mineo and seconded by Councilors Rheault and Rossi. The item was referred to the Admin Sub- Committee, Councilor Rossi? Councilor Rossi— Thank you. I think that finally we'll have an opportunity to get this off the screen. It's been on our plate for quite some time and as you can see by the minutes, every Council member got a copy of the minutes, that there has been lengthy discussions over several meetings with this Agawam Auto Mall and it's come to a general consensus of the Administrative Committee that we should vote to renew the application however there should be a Motion made that the renewal is going to be based on conditions that are attached and they're really too lengthy to mention here but Barbara does have a copy of them and every council member has a copy of them and so I would like to amend the main Motion to include these as conditions and these conditions herein i were discussed with the owner, Mr. Falkowski, and his attorney, Mr. Scott Skolnick who is in the audience this evening. Both were agreeable to all aspects of it so it's the committee's recommendation that we amend the main Motion to include these as conditions for renewal and to approve the renewal application. President Johnson — So it's the piece of paper entitled "Agawam Auto Mall Conditions for Renewal"? Councilor Rossi—Correct. i President Johnson — The Chair will take that as a Motion to amend TO-2013-24 to include the conditions for renewal. I have copies up here if other people need to see 11 i them. So we have a Motion to amend made by Councilor Rossi, seconded by Councilor Suffriti. Questions or discussion on the amendment? Councilor Bitzas? Councilor Bitzas — Yes, Mr. President, first of all I would like to thank the committee that tried to, he's going to, voted to approve the license. I'm very happy because I can't see a point to close a business or make a business operate with hardships and we have to be a friend, business-friendly town as I've said before and I'm glad for the decision. The only problem I have and I'm not a lawyer and Mr. President can probably help us with • that, if it's legal to put the attached conditions to just one dealer and not for everybody. I went to our Rules and have the conditions in 144-5 conditions...to issue to Class 1 and Class 2 license, they have conditions, two pages, we can put those conditions to this license also. I personally I will support to issue the license, I fought before on this floor, I said it was the right thing to do but I have problem with the legality to impose specific • conditions to one dealership only. I would like to be open to the floor maybe we have a couple of lawyers here and see what happens with that and then we can vote for it but I'm glad that the committee vote to renew the license. Thank you. Councilor Rossi—Who was he directing that comment to? Do you know? • President Johnson—I don't know if he was directing it to the Chair or— Councilor Rossi—Well I can tell you this, these conditions, Councilor Mineo — Point of Order! Point of Order! George why are you asking attorneys up here to ask,I mean they are City Councilors. I don't agree with it. Councilor Bitzas -- Okay just vote for it then, it's fine with me. Through the Chair, I'm not asking them. • Councilor Mineo—I know but— Councilor Bitzas—My point is I have a problem to do this for one business. Councilor Mineo—And I understand that. • Councilor Bitzas — That's fine. I have no problem. I support this anyway with conditions or not. Councilor Mineo — But you're asking attorneys up here and there's three attorneys up i here but they're City Council members. That's my only point. . Councilor Bitzas — Okay through the Chair I will support this with the conditions or without conditions personally but I want to put on the records that I'm voting against the conditions. • 12 • Councilor Mineo — Okay, and I don't have a problem with that George, my problem is just that you're asking attorneys up here who are City Councilors. I mean if you wanted • to get a ruling you could have got a ruling from the City Solicitor, that's all. Councilor Rossi —Through the Chair, Mr. President? These conditions are no different than any conditions that are set forth by every person who has a Class 2 Dealer's license in the state. These are conditions according to 140-58 and -59 and according to our Town Code. All these conditions were gone over with the attorney for the applicant and as I said every dealer in Agawam has to comply with these. The reason that these were put forward into written form is because they were not complied with by Mr. Falkowski and this acts as a reminder to him, this is to act as a reminder to him of his obligations under the Class 2 license. If he's to get the renewal, he is gonna have to maintain these conditions. There's nothing within, the only reason they're written here as I said earlier for the sake of being redundant is because he did not comply with these, okay, but this is no different than anyone else has and every other dealer has to comply with the same conditions as here. So I don't know if that answers your question or not. President Johnson —Other questions or Councilor Letellier? i Councilor Letellier —Yes, Councilor Rossi, I don't see in the notes that there is a deadline by which these conditions have to be followed in order for the license to be renewed. Was that part of the discussion? Councilor Rossi - Yeah, the renewal will be this evening. When we vote to renew and these conditions will be set forth throughout the calendar year 2014 or however if the committee decides sooner to release them or whatever, they'll. go at least from the time we make the renewal through the calendar year 2014. • Councilor Letellier—So is the address currently in compliance? Councilor Rossi - Yes, you meaning according to zoning? Yes,the zoning site plan and everything else is intact, there's no change in the amount of cars, there was nothing, the renewal is as it was. • Councilor Letellier—Okay,but in terms of these conditions,have they taken affect yet? Councilor Rossi -They will take effect upon renewal. Councilor Letellier No, in other words, are the hours of operation, is there the signage, • is there the phone number, are there the dealer, all these things that you say need to be done, has that happened, have the changes been made since the committee made the recommendation? Councilor Rossi - No actually he's not obligated to make those changes until we actually give him the renewal because he doesn't have a license at present but when he does for example, the signage and the hours of operation, it doesn't matter to us and it's 13 • • been discussed in detail with him and his attorney, as long as he stays in a minimum of 30 hours a week, it doesn't make a difference to us how many hours a day or how many days a week as long as he maintains a minimum, as long as he maintains a constant staff, there's a telephone number that the sales people,that the purchasers can contact. — Councilor Letellier —Right so if somebody's got a Lemon Law issue, there's a number to contact and,right. • Councilor Rossi - Yeah, right, so all of those things will take effect upon renewal, right now he is under no obligation to do that until it's renewed. Councilor Letellier— So if he wants to put a car for sale on the lot,these conditions have to be followed prior to putting a car for sale on the lot? • Councilor Rossi— Yes, prior to getting a renewal. He can't put a car on the lot for sale until we get him the renewal unless he wants to use it for storage for his other company but he can't sell out of there. Councilor Letellier—Alright,thank you. President Johnson—Councilor Cavallo, then Rheault? Councilor Cavallo — Yeah, what I like about this particular obviously everyone gets the same thing when they renew but the monitoring okay and we know the Building Inspector would be our first person who would go out and check to make sure that these are monitored, correct? Councilor Rossi—Correct. Councilor Cavallo —And also, interesting to note here because once I know I came and complained about too many cars being on a lot, and interesting to note here that any member of the City Council also can be a monitor as well, and I was not aware of that but that's interesting to note here so but again, I don't want to be a person that's going to check used car lots. I hope that the Building Inspector who's new and he knows his job, • would make sure that in particular with this particular case, that, not that he is harassing anyone but seeing we're going to adopt this tonight, that maybe he should be notified that look it, this is being adopted tonight would you monitor it for the first couple of months to see that these particular things have been followed through? I don't think that would be an encumbrance upon him, do you? • Councilor Rossi—Well, that was one of the things that we discussed, we didn't want to set up any structured monitoring. We want it to be kind of a casual thing therefore it would be spontaneous so we didn't want to set up and say well on the third Saturday of the month, we'll be there but it will be monitored and the Building Inspector will get a copy of this and he will go out and I intend to set up regular monitoring schedules with the new Building Inspector now to have him go out and periodically check these cars for 14 • • us to make sure that everything is all in compliance but he will be, but the City Councils are the licensing authority and obviously they can bring anything forward if they see a complaint, they could bring it forward and we can act on it. Councilor Cavallo—Okay,thank you very much. President Johnson—T Councilor Rheault? Councilor Rheault — Yes, actually the question was answered by Councilor Rossi, but the point I'd like to make is that the legal counsel on behalf of the license request agreed to every single one of those so it's in total harmony between the, and until, it would be granted, it won't take effect until it's granted this evening if it is. So there was no reason for any compliance up until now anyways. • President Johnson—Councilor Bitzas? Councilor Bitzas — Through the Chair to Councilor Rossi, I understand you said before that most of them the General Laws restrictions, I can understand that and I agree with you but the only have a problem to say to have it `minimum for 30 hours a week, minimum', but if you are open 24 hours a day or night and be a bother to the neighborhood down there, see you don't put no restriction on there about the hours, do we have other businesses, we have 30 other dealers too they are complying with these signs, the hours of operation, to be tenants there? Thank you? Councilor Rossi —Are you saying that because we allowed just a minimum,that he can stay open 24 hours a day if he wants to? Is that what you're saying? Councilor Bitzas- I don't like that but it reads nothing here. ! Councilor Rossi —No, no, he can't, they can't stay open 24 hours a day, they'd have to get permission to do that. Councilor Bitzas- Okay, how about the other dealers, do they have hours of operation? i Councilor Rossi - the same thing, the same thing. He wasn't opened at all. He was using that lot. as an overflow lot for another company. I don't really want to hash out these things because we hashed them out once before and all I'm saying to you is he has to maintain a steady,permanent operation if he wants to maintain a license, that's all, and he has to stay open at least 30 hours a week. I don't think he wants to stay open 24 hours • a day. Councilor Bitzas- Okay, thank you. Councilor Mineo—Move the question? • 15 • • President Johnson—Any other questions about the amendment? We have before us the amendment to TO-2013-24; if you're in favor of the amendment, vote yes. If you're opposed,vote no. Barbara? ROLL CALL--9 YES, 2 NO (Councilors Bitzas and Johnson) President Johnson — With a vote of nine yes, two no, you've approved the amendment. We now have the main Motion as amended. • Councilor Rheault—So moved. Oh, did we already have it? President Johnson —Yes, we already had the Motion so I'd ask Barbara to call the Roll please? • ROLL CALL —11 YES President Johnson —With a vote of eleven yes, you've approved TO-2013-24. • 2. TO-2013-63 -Order granting or renewing a Class 2 Dealer's LICENSE for Dino Carando d/b/a Euro Imports,325 Main Street,Agawam,MA. (Tabled 1/21/14) (Referred to Administrative Committee)(Clerk) President Johnson —The item is currently on the table. What's the Council's pleasure? We have a Motion to remove from Councilor Rossi, seconded by Councilor Mineo. All in favor of removing the item from the table say Ay? Any opposed? The item is off the table. The Chair would entertain a Motion to approve TO-2013-63. Moved by Councilor Cavallo, seconded by Councilor Mineo. That item was also referred to the Adnun Sub- Committee, Councilor Rossi? i Councilor Rossi—Yes, thank you Mr. President. This is going to be basically similar to what we just did with the Agawam Auto Mall. Euro Imports, Mr. Carando, had moved his car license to 325 Main Street but there was no change in the amount of cars just the change in location. We discussed this at the meeting and I discussed it with the Building Department, Mr. White I believe his name is, Erik, the Building Inspector, and had him look at the premises at 325 and he said it was zoned properly and he saw no reason that it wouldn't conform to having a lot on that property. However because there is a move from one location to another, a site plan is required so I would make an amendment to the main Motion that a site plan have to be approved by the Planning Board and that that condition would be attached to his application and to his license to remain in the Clerk's • Office. Mr. Carando has already retained the services of Reinhardt Associates, one of the associate members Joe DiCarlo I believe his name is and he is going to submit to the Planning Board a site plan for that location at 325 Main Street. So the sub-committee has made a Motion to send a positive recommendation with the amendment to the main Motion that license renewal be approved on the condition that the site plan be successfully passed and approved by the Planning Board and be attached to his license application and license in the City Clerk's Office. So I would like to make a Motion to amend the main Motion. 16 • • President Johnson —We have a Motion to amend made by Councilor Rossi? Seconded • by Councilor Mineo, questions or discussion on the Motion to amend? Councilor Letellier? Councilor Letellier— Yes, thank you. So is he currently selling cars from that address without the site plan? * Councilor Rossi—No, he's not. Councilor Letellier -He's not, that was my question,thank you. President Johnson — Other questions or discussion, I would just like to have the • condition reflect that he shall follow the process set forth in Section 114-5 of the Code of the Town of Agawam because that's the section that requires the site plan because it requires more information than what's in your proposed amendment. Councilor Rossi—That's correct in fact that Mr. DiCarlo, for the information of this City Council contacted me and I referred him to the Building Department and the Town Engineers about the site plan and that's in that section so they're working with that, okay? President Johnson —The other question I have about the amendment is one of logistics, which is are we making the approval of the license subject to the site plan being approved which means that the Clerk's Office doesn't issue the license until the site plan is approved or like the last license, there was an approval subject to conditions which were ongoing during the operation. Is this, not to be a lawyer, but is this a condition precedent to the license being issued which means that he gets site plan approval once he does that he brings that to the Clerk's Office and they say here's your license or does he get the license and can operate subject to the site plan happening? Councilor Rossi—Well I thought, the committee thought as well, that I guess good faith that we were gonna make the renewal but if the Council doesn't agree with that philosophy I guess that they could, whatever it may be, but I thought it would be a good faith thing would be appropriate. President Johnson —All I'm trying to do, Councilor Rossi, is get it on the record so that when it all happens, everyone has the same understanding of what's passed. • Councilor Rossi — Well the recommendation from the committee, Mr. President, was that it was a good faith thing that he would get the license and that he would get the site plan and it would be attached to his application process and the license in the Clerk's Office when he gets it and he is at this point, as we speak, he's in the process of doing that right now, so I would dare say it would be in a reasonable length of time. • President Johnson—Councilor Letellier? 17 • Councilor Letellier—Yup, I don't know how comfortable I am setting that precedent. I think if he's going about getting the site plan now, I'd rather see us table the item instead of acting either way on the license giving them time to get the site plan finished and approved,that would be what I would feel more comfortable with but again, I'm only one person. I'm putting it out there for discussion. . President Johnson — What makes this somewhat unique is that he actually made the move in 2011. If you look at his applications that he submitted to the Council, his 2011 application was where it changed from 175 Main Street to 325 Main Street and so somehow it slipped the process that at that point he would have been required by moving to have the site plan so— Councilor Letellier - Right and so —I'm sorry I don't mean to get ahead, no I'll wait to be called on, I'm sorry. President Johnson--Councilor Bitzas has yielded. • Councilor Letelfier — Okay, and that's why I don't think we should deny or approve rather table. We made the mistake of approving it once and I don't know how it got through the committee, because the committee's been fairly good at the follow through of these applications and forgive me, I think I'm going to sneeze or cough again, that's why my preference is since there are no cars on the lot now, we certainly aren't interfering with his business by tabling the item and perhaps it'll also put a little fire under him and the Planning Board to get this done, that was my thought process. President Johnson —Councilor Bitzas? • Councilor Bitzas — Yes, I was at the meeting with the sub-committee meeting and I'm glad to see an amended version of the committee minutes, I don't know if you've received it today. I know Mr. Rossi is aware about there was an issue and I'm glad the committee saw it, even late, but better than Iate than should be a plan, site plan. After we left the committee, I spoke to the Law Department and we have a letter here to you that • reads Dear Councilor Bitzas, you have asked whether the City Council can approve a Class 2 license without site plan approval from the Planning Board. First, a site plan is required when a renewal seeks to amend the maximum number of motor vehicles available or in any other way change the plot plan currently on file. If a licensee seeks to move the license from one location to another, it would trigger a change in the plot plan currently on file. Therefore, a new site plan would need to be approved by the Planning • Board and filed with Inspection Services and I'm glad, I don't know, better late than never,I'm glad you got the amendment and I'll support the amendment and I support this license and I support this license tonight because we for to be a friendly business town. They make a mistake, I have no idea the last two years, have no license and I believe none of you councilors, maybe one or two maybe you knew it or not, I have no idea by voting last year, we voting for this place because there was there more than one car or two, I thought probably the guy still sells cars at gas station, I have no idea, now that I no 18 • • it was illegal for me to vote for something that was illegal. I'm glad that now it's clarified, I'm glad we have the letters, and I will vote to approve it tonight with the • conditions, let it be there, there for a year, Iet it be there but we have to approve as I said before subject to the conditions the licensee receives site plan approval from Planning Board and filed with Inspection Services, if he does that tomorrow or next month, or two months from now, let him do the operation, let him work there, he'd be doing all the times, why we should hurt him, that's my point and I vote in favor with that and I'm glad the committee do that. Thank you. • President Johnson — We have before us the amendment to add the condition to TO- 2013-63, seeing no further lights— Councilor Letellier — Wait, no that's okay, I guess a point of clarification, so we have • the proposed amendment from the sub-committee, then you proposed that it be further amended by adding Chapter 114 section what have you and now we have this proposed amendment from George and the Legal Department no, but I think we need to decide exactly what we're voting on. Not that I'm trying to be a pain here, sorry, I just think we need to perhaps be a little more precise in the wording of the condition for renewal, • Councilor Rossi — If I may, Mr. President? He's absolutely right. The President's absolutely right. The site plan approval is done under 114-5 and that's the condition under which the Motion is being made, that the site plan approval be according to 114-5 so there is no difference, he just wants to clarify or specify rather 114-5, the site plan • code, isn't that what you said? President Johnson —I would offer this as an amendment, I don't know if everyone's got the two paragraph conditions for renewal. On the second line where it says "Mr. Carando must submit an approved site plan" and after the word `plan' add "in accordance with • Section 114-5 of the Code of the Town of Agawam" and then it would continue reading for the location at 325 Main Street. So I would offer that and the only other question I have is that we're not gonna make it a condition precedent which is I think the concern that Councilor Letellier expressed, that rather than have it be said at a reasonable length of time that we give the applicant a definitive time by which he must submit the site plan at least to the Planning Board otherwise we are now February 2"d, we're granting him a license for the balance of the calendar year. He could choose to just not submit the site plan and if we don't follow through and do anything about it, he operates for the next eleven months without that site plan. Councilor Rossi — Well, being unfamiliar with the process of the Planning Board, what would it be 30 days? 60 days? What would be a reasonable length of tmie? President Johnson — And again, I'm talking about by which he submits it to the Planning Board not by which they you know, but at least we know that at that point, he's gone through the step of preparing the site plan. I would think that sixty days would be a reasonable, that's just my opinion. 19 • Councilor Rossi—Yeah, okay,that's fine. • Councilor Bitzas—Move the question. President Johnson—No,no, we're sorting out the amendment, Councilor Bitzas. Councilor Bitzas—Okay, sorry. •' President Johnson — So I would just add at the end of the first paragraph, that the applicant shall submit the site plan to the Planning Board within sixty days from approval of the license. Councilor Letellier did I— Councilor Letellier—And then I was gonna say and then what we should do is get rid of • the first clause of the second paragraph (this condition is set...) and then with regard to the sixty days, I would say that failure to submit said plan may immediately result in the suspension or revocation of such license. President Johnson — I'm just writing, so let me read the paragraph, I'll read the • conditions so that they'll be in the record. "As a condition of approval for the renewal of TO-2013-63, Dino Carando d/b/a Euro Imports, Class 2 Dealer's license, Mr. Carando must submit an approved site plan in accordance with Section 114-5 of the Code of the Town of Agawam for the location at 325 Main Street. The site plan shall indicate that the premise is properly zoned and suitable for the purpose of buying, selling, trading, leasing • or otherwise dealing with motor vehicles. The applicant shall submit the site plan to the Planning Board within sixty days from approval of the license. Failure to submit the site plan may result in the immediate suspension or revocation of the license. It would then say "the Licensing Authority may immediately suspend or revoke such license and shall not thereafter reinstate, renew or issue any such license", l think we can just eliminate that too, yeah, so eliminate that whole second, and `this condition shall follow the * application and the renewal process". So 1 know it's somewhat confusing but I would ask the maker of the Motion to,the Motion to amend, to incorporate what was just read. Councilor Rossi--I would make a Motion to amend what was just read into the record. • President Johnson — Councilor Mineo was the second on the amendment, I'm just asking to adopt, okay, so we have a Motion to amend made by Councilor Rossi, seconded by Councilor Mineo to the amendment that was just read into the record. Other questions or discussion on the amendment? Seeing none, if you're in favor of the amendment, vote yes. If you're opposed, vote no. Barbara? • ROLL CALL— 11 YES, 0 NO President Johnson — With a vote of eleven yes, you've approved the amendment. We now have the main Motion as amended. If you're in favor, vote yes. If you're opposed, vote no. Barbara? 20 • ROLL CALL—11 YES,0 NO • President Johnson—With eleven yes, you've approved TO-2013-63 as amended. 3. TO-2014-1 -Order granting or renewing a LICENSE for a Weekly Amusement Device(s)for Crestview Country Club,281 Shoemaker Lane, Agawam,MA(Referred to Administrative Committee) (Clerk) ! President Johnson — Is there a Motion? Moved by Councilor Rheault, seconded by Councilor Rossi. This item along with the following two items were referred to the Admin Sub-Committee, so I would refer to Councilor Rossi for their report on the three items? IN Councilor Rossi — Thank you Mr. President. The Committee met on these three items TO-2014-1, -2 and -3 and voted unanimously to send a positive recommendation for approval and for the convenience of the report;all three would be submitted for approval. President Johnson -- Questions or discussion on TO-2014-1? Seeing none, all those in 0 favor say Ay? Any opposed? It's unamimous. 4. TO-2014-2 -Order granting or renewing a LICENSE for Automatic Amusement and Weekly Amusement Device(s) for Springfield Turnverein,60B North Westfield Street,Feeding Hills,MA (Referred to Administrative Committee)(Clerk) • President Johnson -- Is there a Motion? Moved by Councilor Rheault, seconded by Councilor Cichetti, we've had the report of the Admin Sub-Committee, any discussion on the Turnverein? Seeing none, all those in favor say Ay? Opposed? Please note my abstention. 5. TO-2014-3 -Order granting or renewing a LICENSE for Automatic Amusement and Weekly Amusement Device(s)for Agawam Bowl,359 Walnut Street Ext.,Agawam,MA(Referred to Administrative Committee) (Clerk) President Johnson — Is there a Motion? Moved by Councilor Letellier, seconded by Councilor Rossi. Questions or discussion? Seeing none, all those in favor say Ay? Opposed? It's unanimous. Item 11. New Business 1. TR-2014-4 -A Resolution authorizing the Town of Agawam to expend funds in excess of the available appropriation for snow and ice removal (Mayor) President Johnson — That will go on to our next Agenda, this is just the request for the • approval to exceed, it doesn't contain a dollar amount, according to the item they're nearing the end of the appropriation of snow and ice removal and in order to exceed,they 21 • need Council approval to do so. So I would suppose that following what the past practice has been, once the season is over with if they have exceeded, they'll come back to the Council for budgetary transfers to cover the excess. Otherwise, not to speak as an attorney but as a counselor, otherwise if they exceed the appropriation without our approval, then it automatically gets tacked onto next year's levy to be raised. In any event, I don't know if it's something we want to refer to Finance or whether we can let it go on to next Agenda, I'll leave it to—we'll just put it on to the next Agenda. 2. TR-2014-5 -A Resolution to appropriate funds for the Agawam Police Supervisors Association,Agawam Clerical Employees Association,Agawam Department of Public Works Employee's Association,Agawam Police Patrolman's Association,Agawam Building Maintenance Association, Agawam Administrative Union,AFL-CTO,Local 1973,Firefighters Union (Mayor) President Johnson—That'll go on to our next Agenda. 3. TR-2014-6 -A Resolution to appropriate four thousand five hundred forty seven dollars ($4,547.00)from the Agawam Municipal Golf Course • Retained Earnings account to fund the Agawam Municipal Golf Course regular permanent and golf overtime accounts. (Mayor) President Johnson—That'll go on to our next Agenda. 4. TR 2014-7 -A resolution to appropriate eight thousand and forty dollars($8,040.00) from the Agawam Wastewater Department's Retained Earnings account to fund the Agawam Wastewater Department regular permanent,regular temporary and Wastewater overtime accounts(Mayor) President Johnson—That'll go on to our next Agenda. • 5. TR-2014-8 -A resolution to appropriate eleven thousand eight hundred thirty two dollars ($11,832.00)from the Agawam Water Department Retained Earnings account to fund Agawam Water Department's regular permanent, regular temporary and Water Department's overtime accounts. * (Mayor) President Johnson—That'll go on to our next Agenda. i A 22 • 6. TO-2014-4 -Transfer of$332,164.00 from the Reserve Fund#16605- 57300($122,164.00)and Salary Reserve($210,000.00)to: COUNCIL REGULAR PERMANENT 1 111114 51010 'S 857.00 MAYOR ILEGULAR PI RMAN>NT '11211.I 51010 S 33,825.00 AMDMSTRATIVE BUILDING REGULAR PERMANENT 112211 51010 S 314.00 AUDITOR REGULAR PERMANENT 1134.1 51010 S 3,406.00 CLERK REGULAR PERMANENT 11611, 51010 S 3,643.00 ASSESSOR RE ULAR PERMANENT _ 11371 51010 . S 4,195.00 IT REGULAR PERMANENT. .......................Y _ 54L_51010 3,128.00 TREASURER-COLLECTOR. REGULAR PERMANENT 11381 51010 S 6,912.00 POLICE REGULAR PERMANENT [2101' 51010 S 65,247.00 POLICE REGULAR TEMPORARY 1210P 51020 $ 310.00 - - -- -- _ POLICE O VERTIME 12101 51030 $ 4,434.00 ....... ....... POLICE HOLIDAY I12101 51030 IS 500.00 POLICE UNIFORM ALLOWANCE 12101 51070 'S 275.00 POLICECOURTTIME 121011 51080 S 1600.00 POLICE SCIENCE COLLEGE_ _ 12101 511 :S 8,470.00 POLICE FIREARMS QUALIFICATION .12101. 51130 S 4 600.00 POLICELONGEViTY 12101 51400 $ 600.00 FIRE REGULAR PERMANENT 12201' 51010 $ 57,077.00 51020 S 500.00 FIRE REGULAR TEMPORARY ]2201 ... ... ... FIREOVERTRNE 1220V 51030 S 7,50o.00 FIREHOLIDAY 12201 31050 S 340.00 ......... ......... ............_. - ..._.. -- ......_. INSPECTIONS SERVICES REGULAR PERMANENT 12501 51010 S 5,642.00 HEALTH REGULAR PERMANENT _ 15101. 51010 S 2,469.00 COMMUNITY DEVELOPMENT REGULAR PFRM[ANEN1111801` 51010 S 2,614.00 -LIBRARY REGULAR PERMANENT 16101!. 51010 S 17 352.00 PARKS do RE P.E � - CREATION REGULAR PERMANENT 16201' S 1 O10 S 473.00 - COA REGULAR PERMA1ENT 15411 51010 S 6,131.00 COA REGULAR TEMPORARY 15411: 51020 . S 824.00 PUBLIC WORKS REGULAR PERMANENT :14001' 51010 $ 5,501,00 HIGHWAYREGULARPERA4ANENP 14201=, 51010 -S 27,973.00 .. ......... ............. HIGHWAY REGULAR TEMPORARY 14201 51020 S 80.00 rvHIGHWAYOVERTIME _ 142011 51030 $ 900.00 _ _ HIGHWAY SNOW&ICE OVERTIME _ 14201. 51031 S 1,900.00 . MOTOR VEHICLE MAINTENANCE REGULAR PERMAI.14901I 51010 .-S 3,018.00 - ....... MOTOR VEHICLE MAINTENANCE OVERTIME 14901' 51030 S 134.00 ENGINEERING REGULAR PERMANENT 14101 s s 1010 S 6,244.00 -- ......... ENGINEERING OVERTIME_ __ __ '14101 510_30 S_ 10.00 BUIIAINGMAIN ENANCEREGULARPERMANENT 11921: MOW S 39,095.D0 ......... ......... ------ — BUILDING MAINTENANCE REGULAR TEMPORARY IML 51020 $ 40,00 BUILDING MAINTENANCE OVERTIME 11921 510300 SS 1 200.00 BOARD OF APPEALS `T '166041. 511001 S 454,00 President Johnson —That'll also go on to our next Agenda. Item 12_Anyother matter that may legally come before the City Council. President Johnson—We'll start this evening with Councilor Rossi? Councilor Rossi—Nothing this evening. President Johnson—Councilor Calabrese? Councilor Calabrese—Nothing. President Johnson—Councilor Cichetti? Councilor Cichetti—Nothing. President Johnson—Councilor Mineo? 23 f Councilor Mineo—Nothing tonight. President Johnson—Councilor Perry. Councilor Perry Nothing tonight, thank you. President Johnson—Councilor Rheault? Councilor Rheault—Nothing. President Johnson—Councilor Suffriti? 0 Councilor Suffriti—Nothing. President Johnson—Councilor Cavallo? Councilor Cavallo—I have something. President Johnson —Ah,the momentum was sweeping. Councilor Cavallo — I received an email and I did, where's Barb, right Barb, I've had some problems or whatever, but the School Budget Sub-Committee. We're ready to begin our meetings now and that includes Councilor Rossi, Councilor Rheault, Councilor Mineo and Councilor Calabrese and I received this today and they're having a workshop just to do an overview of the School Budget and they're having it Thursday, February 6 at 5:00 in the library at the Junior High. Now remember last time, I'm gonna mention to get these a little earlier — you people may have commitments on Thursday night — but I just got it in today's mail but I plan on attending and certainly you are more than welcome. It's at 5:00, that's when they hold their workshops so if you can. Then they are scheduling another meeting, they have given us a date for March 4'h where we able to go up there and listen to a breakdown of the entire budget and then after that of course there's a budget meeting which they have with us together here in this room. So if you can make it at 5:00 on Thursday, I'Il be there and we can get an idea of what's going on with the general overview. So I'll encourage them,pardon? Councilor Rheault—Are we muzzled again? Councilor Cavallo — Well, this one, pretty much, Barbara? She said it's just an • overview in that email right? And I think the last time, Joe and I, we were both there at the overview and yeah, they talked but we didn't get involved in discussions, it's more or less just for us to listen and we did get some handouts. I thought it worthwhile. I mean it's better that you go there and then see what they change by the time we have the March 4t'meeting so as a Chairperson of the Committee, you're welcome and if you can't make it, you can't make it but I'll try to get as much information as I can for you and if there are any handouts, I will get them to you. 24 • Councilor Mineo—And it's at 5:00,not 6:00. 5? At first you said 6. Clerk—No, the 6 h at 5:OOpm. Councilor Cavallo—Okay, so if you can make it fine. Councilor Rheault—At the library? Councilor Cavallo - Yeah, the second floor of the Junior High and then there'll be a meeting on the Ala' and whatever subsequent meetings we get, I'll keep you informed so see what she does is she emails me through Barbara so she goes through the Council to get to me,I'm gonna tell her why don't you just email me, you can email Barbara and she can certainly notify all the members or I can notify all the members and that way you won't get this gap, four days, you know what I'm saying, that's all I have. By the way, anybody can come, not just the people on, the Council can come, I'm not trying to just, but the committee members certainly should try to be there. Thank you. President Johnson—Councilor Letellier? Councilor Letellier — Yes, I do want to apologize for last week's absence. It's been a bad week. We have bronchitis and pneumonia going through our house so it was legitimate, trust me. I do want to offer, obviously there was a 5-5 vote with regard to the Union contracts. We have money set aside in our account to hire consultants and what I am going to propose at the meeting next time and I'm putting it out there now so everybody can think about it so nobody thinks I'm springing it upon the Council is that we perhaps use some of those funds to hire an independent labor attorney to let us know what we can and cannot do with regard to these contracts. Obviously we are already getting letters saying that we're violating labor laws, that we're interfering with contracts 0 or that we're attempting to negotiate and we haven't tapped that money in quite a long time and I think that this may be an opportunity to use that and yes, I realize that there are attorneys on the City Council but lawyers are a lot like doctors in that we have different specialties and there's no one here that I think that holds him or herself out to be a labor law specialist and I think it'd be important to have an independent neutral person tell us what our rights are when the Mayor has negotiated contracts that are in excess of previously approved budget amounts. So something to think about before the next meeting. Thank you. President Johnson—Councilor Bitzas? • Councilor Bitzas—Nothing this evening. President Johnson — I just have two quick notes. I concur with Councilor Letellier's sentiment and if it's the Council's pleasure, I'll get an estimate from a labor attorney for guidance in advance of the next meeting. The other is that Councilor Letellier has asked the Vice President and I if any member of the School Budget Sub-Committee is 25 w • interested in giving up their spot, she would gladly like the opportunity to serve on that sub-committee so I mean obviously she knows she can attend and participate but if . there's anyone that's to the point where they want to pass the torch so. to speak, she's expressed an interest. Councilor Letellier — At least include me in the email notices so I can go. In other words, if just the sub-committee members are getting the meeting notices — • Councilor Cavallo—No, no, no what I'll do is I'll have Barbara....(off microphone) Councilor Rossi —Mr. President, if I may, I just happened to think of, do you think we could get a letter out to the state DPW to fix that sign on Route 57. I think it's become an eyesore. I think it's about time that they set it back up again. It kind of like blew over. • President Johnson — The one that's got the same paint color as Jimmy's truck? No, sorry. Barbara, if you could get a letter out to the state DPW expressing our concern that the sign at the end of Route 57 near the South End Bridge be repaired? With that, the Chair will entertain a Motion to adjourn. Moved and seconded around the house. All in • favor of adjournment say Ay? Opposed? We are adjourned. Thank you. Adjournment at 8.2]VnL • • • • • 26 •