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CC MTG MINUTES JUNE 20 2016 REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated June 20, 2016 Meeting was called to order by Council President Cichetti at 7:00pm at the Auditorium at the Roberta G. Doering School, 68 Main Street,Agawam. Item A. Roll Call ' ROLL CALL—9 PRESENT,2 ABSENT Roll Cali was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, Council President James Cichetti, Christopher Johnson, Council Vice President Joseph Mineo, Robert Rossi, Anthony Suffriti and Richard Theroux. Councilors Letellier and Rheault were absent. With nine present,there was a quorum. Item B. Moment of Silence and the Pled e o Alle iance. ' Council President Cichetti asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen's Sneak Time Brian Haila of 16B Castle Hill Road spoke in favor of TR-2016-43 and made comments about Berkshire Power. Item D. Minutes 1. Regular Council Meeting—.Tune 6,2016 ' Motion to approve made by Councilor Cavallo and seconded by Councilor Suffriti. Voice vote approved with Councilors Letellier and Rheault absent. ' Item E. Declaradon from Council President 1. AHS Athletic Facility Update tCouncil President noted that Jennifer Bonfigho had sent an update to the Council via email. The Administration decided the email was a sufficient update. Item F. Presentation o Petitions Memorials&Remonstrances 1. TR-2016-26 -A Resolution requesting the Agawam City Council Petition for the Enactment ' of Special Municipal Legislation changing the process to fill a vacancy on the School Committee (Mayor Cohen with Councilors George Bitzas, James Cichetti and Richard Theroux) (Referred to Legislative Committee)(Tabled 5/2/16) Motion to take the item off the table made by Councilor Bitzas and seconded by Councilor Calabrese. Motion to approve made by Councilor Bitzas and seconded by Councilor Cavallo. As Chair of the Legislative Committee, ' Councilor Theroux gave his report stating that after looking at the recommendation of the School Committee, the Legislative Committee voted 4-0 to send a positive recommendation to the Full Council supporting the original resolution which mirrors the City Council's process. The committee felt that the School Committee's added input regarding 200 votes complicated the process. Councilor Johnson still opposed the resolution as written andthought the School Committee's version was a great compromise and made the process simpler not more complicated. Councilor Rossi also agreed with Councilor Johnson. Councilor Calabrese had a problem with the specific 200 votes that the 1 ' School Committee added. Councilor Bitzas agreed with Councilor Calabrese and felt narrowing it down added politics into the process. Councilor Theroux moved the question which was seconded by Councilor Bitzas. The vote was 7 YES(Councilors Bitzas, Calabrese, Cavallo, Cichetti, Mineo, Suffriti and Theroux),2 NO(Councilors Johnson and Rossi),2 .ABSENT (Councilors Letellier and Rheault)approving the item. 2. TR-2016-35 -A Resolution to authorize the use of voting machines pursuant to M.G.L. ' Chapter 54§34(Mayor and Councilor Theroux)(Referred to Finance Committee)(Tabled 616/16) Motion to remove the item from the table made by Councilor Theroux and seconded by Councilor Suffriti. The item is off the table. Motion to approve the amended version of this item made by Councilor Johnson and seconded by Councilor Rossi. The amended version included the names of the voting machines as provided by the City Clerk. The vote was 9 YES,0 NO,2 ABSENT(Councilors Letellier and Rheault)approving the item as amended. 3. TR-2016-36 -A Resolution authorizing the Mayor to enter into a lease agreement between the Town of Agawam and Tanta Mane d/b/a Moolicious Farm (Mayor) (Referred to Finance Committee) ' Motion to approve made by Councilor Calabrese and seconded by Councilor Johnson. Councilor Johnson as Chair of the Finance Committee provided a report stating that his committee gave a positive recommendation on this item. The vote was 9 YES,0 NO,2 ABSENT(Councilors Letellier and Rheault)approving the item. 4. TR-2016-37 - A Resolution confirming the appointment of James Crosby, 9F Castle Hills, Agawam,MA to the Agawam Municipal Golf Commission for a term expiring on December 31, 2019(Mayor) ' Motion to approve made by Councilor Cavallo and seconded by Councilor Rossi. The vote was 9 YES,0 NO,2 ABSENT(Councilors Letellier and Rheault)approving the item. 5. TR-2016-38 -A Resolution confirming the appointment of Chris Quatrone, 12 Haskell Street, Agawam,MA to the Agawam Housing Committee to a term expiring May 31,2018(Mayor) After receiving a letter to withdraw sent by the Mayor on June 16, 2016, a Motion to withdraw the item was made by Councilor Johnson and seconded by Councilor Theroux. The vote was 9 YES,0 NO,2 ABSENT(Councilors Letellier and Rheault)withdrawing the item. 6. TR-2016-39 - A Resolution confirming the appointment of Sue Drumm, 14 Edward Street, to the Agawam Housing Committee to a term expiring May 31,2017(Mayor) Motion to approve made by Councilor Bitzas and seconded by Councilor Rossi. The vote was 9 YES,0 NO,2 ABSENT(Councilors Letellier and Rheault)approving the item. ' 7. TR-2016-40 - A Resolution accepting a grant in the amount of$36,682.99 from the Executive Office of Public Safety and Security State 911 Department to the City of Agawam Police Department for FY2016 State 911 Department Training Grant and EMD/Regulatory Compliance Grant Program (Mayor) (Referred to Finance Committee) ' Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. Councilor Johnson as Chair of the Finance Committee provided a report stating that his committee gave a positive recommendation on this item. The vote was 9 YES,0 NO,2 ABSENT(Councilors Letellier and Rheault)approving the item. ' 8. TR-2016-41 -A Resolution adopting the City of Agawam Local Natural Hazards Mitigation Plan Update 2016(Mayor) ' Councilor Johnson as Chair of the Finance Committee provided a report stating that his committee determined that this item needed a Public Hearing so the Motion was made to table the item until the July 11`h meeting at which a Public Hearing will be held. Motion to table made by Councilor Rossi and seconded by Councilor Johnson. The item was tabled. ' 9. TR-2016-42 - A Resolution to amend TR-2016-13 and TR 2016-14 to appropriate additional funds from the Community Preservation Fund to meet the unforeseen shortfall of$35,386.00 to complete the Wade and Borgatti Park Projects(CPA)(Referred to Finance Committee) 1 Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. Councilor Johnson as Chair of the Finance Committee provided a report stating that his committee gave a positive recommendation on this item after the paving was underestimated and that is the reason for coming back to the Council for the additional funds. The vote was 9 YES,0 NO,2 ABSENT(Councilors Letellier and Rheault)approving the item. ' 10. TR-2016-43 -A Resolution to appropriate$43,151.10 from the Agawam Golf Course's Retained Earnings Account to fund repairs to obsolete irrigation system at the Agawam Golf Course (Mayor) (Referred to Finance and Ad Hoc Golf Committees) ' Motion to approve moved and seconded. Councilor Johnson noted that both the Finance and the Ad Hoc Golf Committees provided a positive recommendation for this although the amount needs to be amended to $44,947.00. Motion to amend made by Councilor Cavallo and seconded by Councilor Rossi. The vote was 9 YES,0 NO,2 ABSENT (Councilors Letellier and Rheault)approving the item as amended. Item G. Report of Council Committees None. Item H. Elections None. Item L Public Hearings 1. (PH-2016-4)TR-2016-33 -A Resolution adopting the Fiscal Year 2017 Annual Operating Budget for the Town of Agawam(Mayor) ' Motion to remove the item off the table made by Councilor Theroux and seconded by Councilor Bitzas. The item was off the table. Motion to approve made by Councilor Theroux and seconded by Councilors Mineo and Cavallo. The Mayor chose not to have a formal video presentation as the Council had several presentations with Department Heads on the FY17 Annual Operating Budget. Council President opened the Public Hearing. No one approached to speak in favor of the budget, in favor name only, against the budget or against in name only and therefore Council President declared the Public Hearing closed. Councilor Johnson wanted the record to reflect that there was a revised resolution and budget due to the Health Department's revised figures from the Nurses' Union. ' 3 ' Amendment 01 ' Councilor Rossi made a Motion for Amendment#1 (and seconded by Councilor Johnson)asking to delete Paragraph 2 of the Resolution and add the following language: The Fiscal Year 2017Annual Operating Budget is adopted according to the departmental and line item categories contained therein. Any transfer of funds from any one line item to any other line item shall require advance approval by the Agawam City Council." Discussion began with Councilor Theroux understanding the history behind this amendment however felt that it created petty individual transfers. Department Heads are paid to run their departments and the Council should allow them to do just that. The Council should have their own employee, the Auditor; provide quarterly updates on any transfers. As long as the Department Heads are working within the parameters of their own budgets, then they are doing their job. Councilor Rossi disagreed stating this amendment provides more clarity. Councilor Bitzas suggested a compromise by placing a dollar amount on the item because some of the $8 transfers are ridiculous. Councilor Rossi suggested that if a department had an $8.00 shortfall then that Department Head needs a lesson in budgeting. He does not feel it delays the process however if the Council would like to set a limit,he would consider it. Councilor Theroux disagrees with the amendment entirely. Councilor Johnson stated in the spirit of compromise to set a $500 limit. Councilor Theroux countered with $5000 to which Councilor Bitzas stated $1000. Councilor Bitzas made the Motion to place a $1000 limit on the amendment which Councilor Rossi seconded. However Councilor Johnson noted it would be cumulative. The amendment will now read: "The Fiscal Year 2017 Ann ual Operating Budget is adopted according to the departmental and line item categories contained therein. Any transfer of funds from any one line item to any other line item shall require advance 1 approval by the Agawam City Council. Said adoption shall allow cumulative administrative transfer of funds not to exceed the total sum of$1,000.00 from any line item within any category of any departmental budget to any other line item within the same category of the same departmental budget." The vote for Amendment 41 was 8 YES (Councilors Bitzas, Calabrese, Cavallo, Cichetti, Johnson, Mineo, Rossi and Suffriti), 1 NO(Councilor Theroux),2 ABSENT(Councilors Letellier and Rheault)approving Amendment#1. Amendment#2 Councilor Johnson made a Motion proposing to cut the budget by $677,000.00 through various individual cuts to departmental line items. Councilor Calabrese seconded the Motion. Councilor Johnson stated that with the increased budget, the taxes will go up. He'd rather see cuts now to reduce the tax levy and if additional funds are needed to use Free Cash or Reserves. If the budget is passed as is the taxes will have to go up. Estimated residential increase would be $150/$200 per year for the average residential taxpayer and thousands of dollars for commercial who have already been hit with paying employees an increased minimum wage. It is imperative to reduce the tax burden now. Councilor Theroux disagrees with Councilor Johnson however agrees with the tax issues. The City Council approved ' the track facility and the cuts Councilor Johnson was proposing almost equaled the amount of the track payment. Councilor Calabrese could understand both sides. The town's bond rating is commendable however the residents don't want taxes to go up. The cuts that Councilor Johnson proposes are fair and reasonable and would be voting in favor of each one. Councilor Rossi agrees that there will be a significant impact on the commercial/industrial taxes and felt it would be fine to come back to the Council for appropriations later if necessary and also felt if the cuts were made now, it would reduce the tax levy and is in favor of the cuts. Councilor Bitzas totally against the Highway cut of ' $135,000 as suggested by Councilor Johnson because it will adversely affect the sidewalks. Councilor Bitzas made a Motion to go into Committee as a Whole to have some questions answered however he did not get a second to that Motion. Councilor Cavallo was not in favor of blanket cuts but would prefer to address the proposed cuts individually. Councilor Theroux said it was a bond rating issue for him. Councilor Rossi recommended taking each cut one by one. ' Again,Councilor Bitzas made a Motion to go into Committee as a Whole but no one seconded the Motion. 4 1 r Amendment#2(a) ' Councilor Johnson proposed a $300 cut to Council Temporary Salaries (#11111-51020). This is in case Barbara misses a meeting which she rarely does and we would use this to pay someone for their time however the last time Barbara missed a meeting, one of the councilors took the roll. Councilor Johnson said everyone needs to tighten their belt and the City Council is not immune. The vote for Amendment#2(a) was 9 YES, 0 NO, 2 ABSENT(Councilors Letellier and Rheault)approving the$300 cut to Council Temporary Salaries. Amendment#2(b) Councilor Johnson proposed a $1,500 cut to Council Professional Services (#1 1 1 12-521 90). Councilor Bitzas offered amending the amount to $5000.00 which was seconded by Councilor Theroux. The amendment was defeated by a vote of 5 YES (Councilors Bitzas, Cavallo, Cichetti, Mineo and Theroux),4 NO(Councilors Calabrese Johnson,Rossi and Suffriti), 2 ABSENT(Councilors Letellier and Rheault). Original proposed cut of$1,500.00 was passed by a vote of 9 YES, 0 NO,2 ABSENT(Councilors Letellier and Rheault). Amendment#2(c) Councilor Johnson proposed a $4,000 cut to Administrative Equipment — Repair, Maint & Rep (#11222-52030). Councilor Bitzas thought this was crazy. The vote for Amendment#2(c)was 8 YES, 1 NO(Councilor Theroux)and 2 ABSENT(Councilors Letellier and Rheault)passing the cut to Administrative Equipment—Repair,Main&Rep. rAmendment#2(d) ' Councilor Johnson proposed a $2,000.00 cut to Administrative Equipment Rentals(#11222-52070). Councilor Bitzas asked for more detail. Councilor Johnson stated that according to the Auditor's Report less than ten percent of this account was used for almost eleven months. Councilor Theroux would be thrilled if the Council was making serious cuts but one thousand here and there is not going to do it. Councilor Rossi said the motion was made and seconded and said there doesn't need to be discussion on every little item. Just take the vote on each one. Councilor Bitzas disagreed and again asked to go into Committee as a Whole which was not seconded. The vote for Amendment#2(d) was 8 YES, 1 NO (Councilor Theroux) and 2 ABSENT (Councilors Letellier and Rheault) passing the cut to Administrative Equipment Rentals. Amendment#2(e) Councilor Johnson proposed a $350,000.00 cut to Building Maintenance Electricity & Heat (411922-52110). Councilor Cavallo made a Motion to reduce the amount cut by $125,000 (equaling $225,000 in a cut) which was seconded by Councilors Bitzas and Theroux. Councilor Johnson said in the spirit of compromise, he supported the Motion. The vote to amend the amount of the cut to$225,000 was 9 YES, 0 NO,2 ABSENT(Councilors Letellier and Rheault). The vote for Amendment #2(e) as amended to $225,000 was 9 YES, 0 NO and 2 ABSENT (Councilors Letellier and Rheault) passing the amended cut of$225,000 to Building Maintenance Electricity&Heat. Amendment#2(f) ' Councilor Johnson proposed a $3,000 cut to Building Maintenance Telephone (#11922-52150). The vote for Amendment 42(f)was 8 YES, 1 NO (Councilor Theroux) and 2 ABSENT (Councilors Letellier and Rheault)passing ' the cut to Building Maintenance Telephone. Amendment#2(t<) Councilor Johnson proposed a $35,000 cut to Police Court Time (#12101-51080). Councilor Cavallo proposed amending the cut to $25,000 however there was no second. Councilor Theroux mentioned there would be upcoming r court cases however Councilor Johnson stated that they only used $28,000 of the $105,000 in eleven months. The Chief will enter the new fiscal year with several vacancies which will accrue money in the salary account which could be used to transfer into this line item if necessary. He is just trying to reduce the levy and is more than willing to work with the Police Chief. The vote for Amendment 42(g)was 4 YES (Councilors Calabrese,Johnson,Rossi and Suffriti), 5 NO (Councilors Bitzas, Cavallo, Cichetti, Mineo and Theroux) and 2 ABSENT (Councilors Letellier and Rheault) defeating the cut entirely. Amendment#2(h) Councilor Johnson proposed a $135,000 cut to Highway Regular Permanent (414201-51010). Councilor Bitzas wanted to amend this to $0.00 as he feels it will affect our sidewalks. Councilor Theroux seconded the motion. Councilor Rossi stated the cuts are for personnel and in no means is it meant to affect sidewalks. The original appropriation was for$60,000 and now the administration is adding$200,000 in benefits? Councilor Bitzas states that ' Councilor Rossi is mistaken with his information and this will directly affect the sidewalks. Councilor Calabrese stated that sidewalks are her issue however she agrees with Councilor Rossi and believes cutting this will not affect fixing our sidewalks. Councilor Bitzas again asked to go into Committee as a Whole and no one seconded the Motion. ' Councilor Theroux mentioned of all the issues and cuts this is the one he really disagreed with. Councilor Rossi again stated it is for personnel and not fixing the sidewalks Councilor Theroux said you can't fix the sidewalks without hiring personnel. Councilors Bitzas and Theroux withdrew their Motion to amend the cut to $0.00. The vote was 4 YES (Councilors Calabrese, Johnson, Rossi and Suffriti), 5 NO (Councilors Bitzas, Cavallo, Cichetti, Mineo and Theroux) and 2 ABSENT (Councilors Letellier and Rheault) defeating the cut of $135,000 to Highway Regular Permanent(414201-51010). Amendment#26) Councilor Johnson proposed a $125,000 cut to MV Maintenance Fuel(#14903-521310). There was no discussion and the vote was 7 YES (Councilors Bitzas, Calabrese, Cichetti, Johnson, Mineo, Rossi and Suffriti), 2 NO (Councilors Cavallo and Theroux) and 2 ABSENT (Councilors Letellier and Rheault) passing the cut of $125,000 to MV Maintenance Fuel(#14903-521310). ' Amendment#26) Councilor Johnson proposed a $2,000 cut to Line Items Overtime (#16602-51030). There was no discussion and the vote was 8 YES (Councilors Bitzas, Calabrese, Cavallo, Cichetti, Johnson, Mineo, Rossi and Suffriti), 1 NO (Councilor Theroux) and 2 ABSENT (Councilors Letellier and Rheault) passing the cut of$2,000 cut to Line Items Overtime(#1 6602-5 1 03 0). ' Amendment#2{k) ' Councilor Johnson proposed a $2,000 cut to Line Items Damage to Persons(#16602-52001). There was no discussion and the vote was 8 YES (Councilors Bitzas, Calabrese, Cavallo, Cichetti, Johnson, Mineo, Rossi and Suffriti), 1 NO (Councilor Theroux) and 2 ABSENT (Councilors Letellier and Rheault) passing the cut of$2,000 cut to Line Items ' Damage to Persons(#16602-52001). Amendment#2!1) ' Councilor Johnson proposed a $3,000 cut to Line Items Advertising(#16602-52010). There was no discussion and the vote was 8 YES (Councilors Bitzas, Calabrese, Cavallo, Cichetti, Johnson, Mineo, Rossi and Suffriti), I NO ' (Councilor Theroux) and 2 ABSENT (Councilors Letellier and Rheault) passing the cut of$3,000 cut to Line Items Advertising(416602-52010). 6 Amendment#2(m) Councilor Johnson proposed a $15,000 cut to Line Items Unemployment (#16603-57020). Councilor Theroux asked how we can tell if this is needed or not? Who would know? Why cut this item? Councilor Johnson stated that in ' eleven months only $32,000 was spent out of the $110,000 budget and this cut only represented ten percent of the budget. The town seems to be only hiring personnel not firing so unemployment would likely not increase. The vote was 9 YES(Councilors Bitzas,Calabrese,Cavallo,Cichetti,Johnson,Mineo,Rossi,Theroux and Suffriti),0 NO and 2 ABSENT(Councilors Letellier and Rheault)passing the cut of$15,000 to Line Items Unemployment(#16603-57020). The total amount of the various cuts(a-m)amount to$3 82,800.00 as proposed by Councilor Johnson. Councilor Rossi then asked if the Council could make additional cuts to the Capital Improvement Budget. Does the Fire Department really need a special hazards vehicle or the Highway Department need the additional vehicles? Could the Council fund these later on? He was hoping the Council would consider these cuts and Councilor Calabrese seconded the Motion. Councilor Johnson did not favor reducing it to zero but would support the reduction by one crew cab vehicle on the DPW side but the Fire Department was seeking to replace a vehicle from 1985. Councilor Bitzas asked why cut more than we already did? Councilors Rossi and Calabrese withdrew their Motions. ' TR-2016-33 as amended was approved by a vote of 9 YES, 0 NO,2 ABSENT(Councilors Letellier and Rheault). Item J. Old Business 1. TO-2016-20 -Budgetary Transfer of$50,000.00 from DPW Equipment Rental(414202- 52071)to DPW Street/Infrastructure Improvement Program(016610-52460)(Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Theroux and seconded by Councilor Cavallo. Councilor Johnson as Chair of ' the Finance Committee provided his report also thanking the Mayor and Chris Golba for keeping their word and replacing these funds. ' The vote was 9 YES,0 NO,2 ABSENT(Councilors Letellier and Rheault)approving the item. 2. TO-2016-21 - Order granting or renewing a Junk Dealer's PERMIT for T's Jewelers, 559 tSpringfield Street,Feeding Hills,MA (Clerk)(Referred to Administrative Committee) Councilor Cavallo as Chair of the Administrative Committee provided his report recommending the item be tabled due to a discrepancy in the address location of the applicant and will look into the discrepancy to get clarification. Voice ' vote to table was unanimous. Item K. New Business 1 1. TO-2016-22 -Voucher$1,188.00 Next Agenda,referred to Finance Committee. 2. TO-2016-23 -Voucher$288.931 ' Next Agenda,referred to Finance Committee. ' 3. TO-2016-24 -Budgetary Transfer of$150,000.00 from Police Permanent Salary(#12101- 51010)to Police Motor Vehicle(#12104-58500)(Mayor) Next Agenda,referred to Finance Committee. 4. TO-2016-25 -Budgetary Transfer$15,000.00 from Building Maintenance Building tImprovements (#11922-58250)to Building Maintenance Professional Services(#11922-52190) (Mayor) Next Agenda,referred to Finance Committee. 5. TR-2016-44 - Resolution accepting a grant in the amount of$15,000.00 pursuant to M.G.L ' c44,§53A from the Massachusetts Housing and Community Development to the Town of Agawam(Mayor) Next Agenda,referred to Finance Committee. 6. TR-2016-45 -Resolution authorizing the Posting of the Warrant for the State Primary ' Election on September 8,2016 and the State Election on November 8,2016.(Mayor) Next Agenda. ' 7. TR-2016-46 -Resolution accepting payments from MA Solar Highway Phase 2 LLC in accordance with Massachusetts General Laws Chapter 59, § 3811(b) to the Town of Agawam (Mayor) Next Agenda, referred to Finance Committee. 8. TR-2016-47 -Resolution to rescind the unissued balance on certain debt authorizations (Mayor) Next Agenda,referred to Finance Committee. 9. TR-2016-48 -A Resolution authorization accepting "Project Funding Agreement Accelerated ' Repair Program"for the Roberta G. Doering School(Mayor on behalf of the School Committee) Per letter from the Superintendent that the Mayor sent to the Council,this item shall be withdrawn. ' Item L. Any other matter that may lemally carte before the City CounciG ' Councilor Johnson wished congratulations on the Triple A Championship to Council President and also wished his son and father-in-law a happy birthday. Councilor Calabrese also wished everyone a happy first day of summer. ' Item M. Adjournment. The Motion to adjourn was moved and seconded. The time of adjournment was 8:54pm. 1 S