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CC MTG MINUTES JUNE 23 2014 REGULAR MEETING OF THE A GA WAM CITY COUNCIL Minutes dated June 23, 2014 Meeting was called to order by President Johnson at 7:00pm at the Auditorium at the Roberta G. Doering School, 68 Main Street, Agawam. Item I. Roll Call ROLL CALL— 10 PRESENT, 1 ABSENT(Councilor Rheault) Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, James Cichetti, Council President Christopher Johnson, Gina Letellier, Joseph Mineo, Vice President Dennis Perry, Robert Rossi and Anthony Suffriti. • Councilor Donald Rheault was not in attendance. With ten councilors present, there was a quorum. Item 2. Moment of Silence and the Pledge ofAlleziance. President Johnson asked for a moment of silence and the Pledge of Allegiance. Item 3. Citizen's Speak Time There was one citizen signed up to speak. Debra Seguin of 111 Cooley Street spoke about neglected properties and inquired if the town had a system in place to address these 0 properties. Item 4. Minutes There was a Motion to approve the June 2, 2014 Regular City Council meeting minutes 0 made by Councilors Cichetti and Letellier and seconded by Councilor Suffriti. The minutes were approved by a vote of: 9 Yes, 0 No, 1 Absent (Councilor Rheault) and 1 Abstention (Councilor Bitzas). Item 5. Declaration from Council President None. Item 6. Presentation of Petitions, Memorials & Remonstrances 1. TR-2014-25 - A Resolution authorizing the Reservation and Appropriation of Funds from the Community Preservation Fund (CPA) Motion was made by Councilor Rossi and seconded by Councilors Bitzas and Perry. This is simply the reservation of CPA funds for Fiscal Year 2015. The vote was 10 YES,0 NO, 1 ABSENT (Councilor Rheault). 1 0 • Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings • 1. PH-2014-4 (TR-2014-24) — a Resolution adopting the Fiscal Year 2015 annual Operating Budget for the Town of Agawam (Public Hearing Date set for June 23, 2014) (Mayor) Motion to remove from the table made by Councilor Letellier and seconded by Councilor Cavallo. Voice vote unanimous to remove the item from the table. Public hearing was opened. Speaking in favor of the Resolution was William Sapelli, Superintendent of Schools, Wendy Rua and Shelley Borgatti-Reed, members of the School Committee. All three asked for the Council's support of the School Budget and thanked the School Budget Sub-Committee for their support as well. Chief Sirois of the AFD asked for the Council's support for the budget specifically the Fire Department budget with respect to dispatch positions that are necessary. Current method is antiquated and this would help them move forward to a centralized dispatch system which would better serve the public. There were no more speakers in name only either for or against. Motion was made to go into Committee as a Whole by Councilor Letellier and seconded by Councilors Cichetti and Calabrese. • Councilor Letellier began the discussion with questions from a Special Revenue Funds report received by email at 5:00 that evening from Cheryl St. John, the City Auditor. Most of the councilors had not had a chance to review this information as it was received so late. Council President went into recess to allow for copies to be made of that email i and distributed to the Council. Once the Council was back in session, Councilor Letellier continued with her questions regarding remaining balances in School Choice. Superintendent Sapelli stated these funds are basically used for retirement buy backs estimated at greater than $450,000. Police Outside Detail questions were answered by Treasurer Laurel Placzek. It was asked if some of these surplus funds could be voted on by Resolution and closed. Councilor Letellier questioned the Mayor about the Compost Bin balance and how could the purchase of vehicles be made out of this account. The Mayor explained that this account was set up in 1995 and involves more than just compost bins; it includes recycling, outreach, Earth Day and many others. Councilor Letellier questioned the $237,000 that was in there and if he planned on purchasing more cars or could this money be put back into the General Fund? The Mayor stated it would be prudent to purchase more energy efficient vehicles at some point and no it wouldn't be put back into the General Fund. All these purchases were approved by the Auditor and the Mayor suggested that these monies not be closed out. He thinks it would be a big mistake to close a lot of the recycling projects and mentioned the MERF contract.. Councilor Letellier inquired about any Tuckahoe rental payments and if the money in the fund could be used. The Mayor stated there were no tenants renewed at Tuckahoe and yes, the Council could possibly close this out however he wouldn't advise it. Councilor Letellier asked why is all this scrutiny up to the Council and why wasn't it done by the 2 • 0 administration? The Mayor stated that his suggestion is to leave it all as is. If he had thought it was something that should be done, then he would have suggested it. It's almost like an insurance policy and it is earning interest. Councilor Letellier then asked questions concerning the Golf Course stating it showed a $111,000 loss —would there be 0 a revised budget? The Treasurer stated would have to wait for the end of the fiscal year to do a revised budget as they don't know the actual receipts until then. The Mayor is projecting only an $11,000 loss at which Councilor Letellier did the math and came up with a loss unless they expect to receive almost $60,000 in receipts in the next week. The Treasurer confirmed that the loss would get added to the tax levy or the Council could vote to use Free Cash to cover the loss — administration said the General Fund could 9 subsidize the Golf Course. Councilor Letellier asked if they foresee any personnel changes at the Golf Course. The Mayor stated that one employee will be transferred to the DPW. While he appreciates all these questions, he stated he carefully monitors all of this on a daily basis. Regarding the Golf Course, he sees improvement and hears positive comments from its patrons at which Councilor Letellier respectfully disagreed. She 0 stated that everything was done from last year, perfectly good golf shirts were liquidated at a loss and the actual numbers don't lie—the Golf Course isn't doing well. Councilor Rossi began his questions regarding the Compost Bin account as well - why hadn't the funds been separated into different line items and that it seems to be used for 49 purposed of a cash cow. He cannot understand how city-owned vehicles could be purchased from a compost bin account and without any transfers coming before the City Council. Cheryl St. John stated that it was set up years before she began working as Auditor and already had mixed funds in it. She contacted DOR regarding the recycling credits and E-credits and whether they should be in the General Fund or not — DOR decision is pending. Councilor Rossi would like to see these separated to allow seeing deposits and withdrawals. The Auditor stated that Tracy at the DPW stated this money could be used for energy efficient vehicles. The Mayor wondered why since he is being very prudent and purchasing energy-efficient hybrid vehicles and his old car was a gas guzzler — all at no tax payer money, town has been audited with no issues. He stated Councilor Rossi was a councilor not a detective and all his questions were answered in 0 the workshop. The Auditor approved everything and nothing has been questioned since 2005 until he (the Mayor) purchased a vehicle for himself. There was much back and forth between the Mayor and Councilor Rossi. Councilor Cavallo asked about the Cable Account and why so much was left in that i account? Jeff Hulbert presented information about the Cable TV studio that is being built and that the overall job should cost approximately $60,000 and will be shared between the school and the town. Jeff also stated that all town buildings are connected via fiber optic cables. Councilor Calabrese also questions the CATV peg access grant fund as well as the vaccination fund (which Health Agent Randy White said was used for vaccines as the state might not be funding these next year). Council President Johnson stepped from the Chair to ask Treasurer Placzek questions about the compost bin line item as well as the approved use description listed in Exhibit A of the Resolution says "compost bins" and that it is difficult for the Council to accept using these accounts for anything other than what is stated in the Mayor's Resolution. It comes down to basic communication. How has this account morphed into buying x number of cars? It makes logical sense to close this fund out to the General Fund . because it is currently not being used for its intended purpose. We are the appropriating 3 • • authority and need to get a better handle on what is happening in these funds. Councilor Letellier questioned why the Council's iPads couldn't be purchased from the Cable TV account at which Treasurer Placzek responded that that money is very specific and computer equipment comes out of the equipment account. Jeff Hulbert was not aware • that the Council was told we had to pay for our own iPads however the new Franchise Agreement from Comcast was very specific. Council President stated that it comes down to the Council receiving basic information instead of the cryptic information that they currently receive especially after seeing the fund balances as of June 91h, why wasn't this provided to the Council previously at the workshops? Should Free Cash be reduced by these deficits? Should the levy be increased? Treasurer Placzek reminded the Council that the Auditor provides them with reports. Council President asked about the paving of the Golf Course and why wouldn't administration inform of this? Councilor Perry wanted to thank the administration for attending and presenting the budget. He understands that keeping $500,000 in the Reserve Fund on an annual basis • helps in the bond rating, etc however he asked the Auditor to do a ten year print out of the Reserve Fund and it seems as if we only use about 38% of that money at best. We are taxing people but it keeps going into Free Cash, we are asking for $465,000 but only spending $165,000 -- it doesn't seem fair. Laurel Placzek mentioned that the Bond Rating Agency likes to see this and the Mayor said the DOR looks for 1% of the Operating Budget. Look at what happened with the emergency sewer main break, thankfully they had this money to use! This covers an unfunded appropriations/ emergencies that may occur. It's like insurance and the unspent monies go back into Free Cash (which Councilor Perry stated the taxpayers technically are paying for). Councilor Cavallo made a motion to come out of Committee as a Whole and seconded by Councilor Rossi. The City Council now out of Committee as a Whole and discussion began with Councilor Rossi and suggested amendments. He stated that transfers were out of control and there were approximately $188,000 of in-house transfers without Council approval — this shouldn't be allowed and made a Motion to amend the Resolution to say "shall not" allow transfers. Council President as a Point of Interest stated that it might make more sense to strike the actual sentence. • Amendment #1 - Motion made by Councilor Rossi and seconded by Councilor Perry to , strike the second sentence. Discussion on the amendment began with Councilor Bitzas asking pros and cons of • Council President (as a former mayor) and wouldn't that be too much micro-managing? Council President gave a brief history but stated this wouldn't be necessary without effective communication. He supports the Motion in the hope to regain faith in the process. "The respect we are getting is the respect we are demanding and we aren't demanding any." Upon further thought, he thinks Councilor Rossi's original amendment • might be better and to strike "allowing" and add "shall not allow" and also add "without prior council approval". So maker and seconder of the Motion agreed. The vote was 10 YES,0 NO, 1 ABSENT(Councilor Rheault) on the first amendment to TR-2014-24. Amendment #2—Motion to correct numerical typos in the original resolution (as attached). The . vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) to the second amendment to TR-2014- 24. 4 • • Amendment#3 —Motion to limit spending to $25,000 (from S250,000) on Line 602 in Exhibit A made by Councilor Rossi and seconded by Councilor Calabrese. Discussion began with Councilor Rossi stating these things should come before the Council. He originally suggested the limit be at $5000 but Councilor Letellier and Council President strongly • suggested it be at least $25,000. Councilor Bitzas is not in favor of this amendment. Those vehicles were such a good thing for the town. It is great to have fuel-efficient cars however Councilor Rossi stated that the taxpayers deserve to know what is happening. Councilor Perry stated that the Mayor could still purchase more fuel-efficient vehicles but that it would have to come before the Council. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Rheault) on the third amendment to TR-2014-24. There was further discussion regarding stipends and that they should not supplement salaries. The salary of the non-contract employee is set by ordinance and approved by the City Council. If the employee needed a raise to do a portion of the job then they should come before the Council with an ordinance change with a new tier level instead of handing out stipends (It was noted that the administration DID come before the Council with an ordinance however the Council voted it down). Stipends should be given for going above and beyond duties of job description. The stipend of$3000 for the Clerk to supervise voting machines is crazy — shouldn't that be part of his duties already? Councilor Rossi feels the Council should look into how these stipends are being given out and if it is indeed legal. The proper way is to have the tier level increased. Councilor Rossi declined to make a Motion regarding this. Amendment #4 —Motion to reduce Tuckahoe line item #223 of Exhibit A from $213,000 to $25,000 made by Councilor Letellier and seconded by Councilor Calabrese. Discussion began with Councilor Letellier stating if these accounts were properly balanced and used, then we wouldn't need to do these amendments and a further resolution would be needed to • close the account out. Councilor Bitzas stated that if we left the money in there, it would cam interest and if an emergency happened, the money would be there. The vote was 10 YES,0 NO, 1 ABSENT (Councilor Rheault) on the fourth amendment to TR-2014-24. Amendment #5 — Motion to cut the Reserve Fund to $250,000 by Councilor Letellier and seconded by Councilor Rossi. Discussion began with Councilor Letellier stated originally to reduce the Reserve fund to $100,000 which would force people to get things in line. We could always do a supplemental budget after the Free Cash was certified. Council President wholeheartedly • agreed but just not to the extent that Councilor Letellier suggested — he suggests a cut to $350,000 or $300,000 (as well as does Councilor Perry) however Councilor Letellier was not happy with that high a number. If it's kept high and we pass a resolution then the Mayor would veto it and the process wouldn't be as transparent to us or the citizens. They compromised on the $250,000 reduction. Councilor Bitzas did not support this and stated these funds are necessary for a rainy day. Councilor Cavallo was totally against • this amendment. The vote was 6 YES (Councilors Calabrese, Johnson, Letellier, Perry, Rossi and Suffriti), 4 NO (Councilors Bitzas, Cavallo, Cichetti and Mineo), 1 ABSENT (Councilor Rheault)on the fifth amendment to TR-2014-24. Amendment#6—Motion to cut the Golf Course Budget by $50,000 by Councilor Letellier • Discussion began with Councilor Letellier asking if the Golf Course is in deficit then what would happen. Council President stated in theory, they are supposed to come back to the City Council. If administration had come to us before, we wouldn't be in this position and we would have 5 • figured something out. Councilor Letellier withdrew her amendment 46 but the Council agreed that hopefully a clear message has been sent. Council President asked for any more amendments and/or discussion. He thanked the School Department for presenting a very clear and understandable school budget. Motion made to approve TR-2014-24 by Councilor Letellier and seconded by Councilor Bitzas. The vote was 10 YES,0 NO, 1 ABSENT(Councilor Rheault)AS AMENDED. • Item 10. Old Business 1. TOR-2014-3 - An Ordinance to Amend the Chapter 114 of the Agawam Town Code entitled "Junk and Secondhand Dealers"(Mayor)(Two Readings Required) Motion made to leave this item on the table by Councilor Cichetti and seconded by Councilor Rossi. By a unanimous voice vote, the item is to remain on the table. 2. TO-2014-13 - Transfer $169,345.09 from Line Items Reserve (#16605-57300) to the following(Mayor): • Snow& Ice Overtime(414201-51031) $55,247.11 Equipment Rental(#14202-52071) $69,112.80 Hwy Ice Control Material (014203-52210) $44,985.18 Motion was made by Councilor Letellier and seconded by Councilor Mineo. • Councilor Mineo gave the Finance Committee report and stated that the Council shouldn't have to wait until mid-.tune to receive the storms reports and transfers. We should really receive these bills much earlier than budget time. Council President Johnson stepped from Chair to state that next year he would not support this type of transfer. The last storm was in March and the administration waited until June to do the • transfer. "Why has the Council stopped receiving the Snow & Ice Reports? Why do we have to wait until the last minute when the Council has no choice but to approve these transfers? Enough is enough!" He promised that if this practice continues next year and our back is again against the wall again that he will Charter Object and it will go right into the tax levy: • Motion was made by Councilor Letellier and seconded by Councilor Mineo. The vote was 10 YES, 0 NO, 1 ABSENT(Councilor Rheault). Item 11. New Business 1. TR-2014-26 - A Resolution endorsing the Track Master Plan as presented and the Administration's intention to continue with the Project with support from the Exploratory Committee and seek bids for construction documents (Mayor) This item was moved to the next Agenda. 6 • • 2. TR-2014-27 - A Resolution requiring the State to fund 50% of the costs associated with M.G.L. Chapter 41, Section 108L "The Police Career Incentive Program" commonly referred to as the"Quinn Bill"(Mayor) This item was moved to the next Agenda. • 3. TR-2014-28—A Resolution approving water connection and service charges fixed by the Department of Public Works (Mayor) This item was referred to the Finance Committee and moved to the next Agenda. • Council President asked for more support information from the Mayor regarding this item. Council President also asked to make sure when scheduling the Finance Committee meeting to make sure he is available as he was at the meeting with Chris Golba and Tighe &Bond. 4. TR-2014-29 — A Resolution approving water use rates fixed by the Department of Public Works (Mayor) This item was referred to the Finance Committee and moved to the next Agenda. Council President asked for more support information from the Mayor regarding this item. • Item 12. Any other matter that may leeally come before the City Council. Councilor Rossi stated he appreciated the evening's budget process. He had come to the meeting prepared to vote against the budget but he like the give and take and was satisfied with the outcome. The Council wished everyone a Happy 4t" of July. Council President reminded everyone that the next City Council meeting was rescheduled to July 14th Adjournment. The Motion to adjourn was moved and seconded all around the house with all in favor of adjourning. Time of adjournment 9:38pm • • • 7 •