CC MTG MINUTES JUNE 4 2018 REGULAR MEETING OF THE AGA WA CITY COUNCIL
' Minutes dated June 4, 2018
' Meeting was called to order by Council President Johnson at 7:00pm in the Auditorium at the Roberta. G. Doering
School,68 Main Street,Agawam,
Item A. Roll Call
ROLL CALL--9 PRESENT,2 ABSENT
tRoll Call was taken with the following councilors present: Council Vice President Cecilia Calabrese, Paul Cavallo,
Council President Christopher Johnson, Gina Letellier, Robert Magovern, Dino Mercadante, Robert Rossi, Rosemary
Sandlin and Anthony Suffriti. Councilor Bitzas was absent and Councilor Mineo arrived late. With nine present,there
was a quorum.
Item B. Moment of Silence and the Pledge otAllegiance.
Council President Calabrese asked for a moment of silence and the Pledge of Allegiance.
1 Item C: Citizen's Speak Time
There were no citizens who spoke.
' Item D. Minutes
1. Regular Council Meeting—May 21, 2018
Motion to approve was moved and seconded all around. Voice vote approved.
' Item E. Declaration from Council President
Council President Johnson stated the City Council has no control over the audio or video of these meetings. We are
dealing with antiquated equipment which will be replaced when we relocate by the end of the year. It should be more
consistent at that time. We apologize for any inconvenience these inconsistencies have given to you at home watching.
IItem F. Presentation of Resolutions
1. TR-2018-36 - A Resolution appropriating $220,000.00 from Free Cash to Building Maintenance
Electricity/Heat Account(#11922-52110) (Mayor Sapelli)(Referred to Finance Committee)
Motion to approve made by Councilor Sandlin and seconded by Councilor Cavallo. As Chair of the Finance
Committee, Councilor Letellier provided the report stating that in prior years, the town over-budgeted and left over
money went to Free Cash. This winter was a very long heating season and the budget was cut last year. Motion to
send a positive recommendation to the Full Council made by Councilor Mercadante and seconded by Councilor
Cavallo.The vote was 4 Yes,0 No, 1 Absent(Councilor Mineo)
The vote was 9 YES,0 NO, 2 ABSENT(Councilors Bitzas and Mineo)approving the item.
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' 2. TR-2018-37 - A Resolution confirming the appointment of Susan Cameron, LMT, 19 Witheridge
Street,Feeding Hills,MA to the Whiting Street and Thomas Pyne Fund Commission for a term expiring
December 31,2021 (Mayor Sapelli)
Motion to approve made by Council Vice President Calabrese and seconded by Councilor Magovern.
' The vote was 9 YES,0 NO,2 ABSENT (Councilors Bitzas and Mineo)approving the item.
Item L Public Hearings
1. TR-2018-35 (PH-2018-4) - A Resolution adopting the Fiscal Year 2019 Annual Operating Budget
for the Town of Agawam (Mayor Sapelli)
Council President Johnson declared the Public Hearing open at 7:06PM and asked for anyone wishing to speak in
favor of the item to approach. Corinne Wingard spoke and thanked the Mayor, Department Heads and City Council
for the very informative budget workshops and performing their due diligence. No one else spoke in favor or in favor
name only. Will Clark spoke in opposition specifically about overflow trash, ambulance fees and weekly disposal fees
all being sources of revenue and about our taxes going up however noted there is a lot of unspent money. The town
bonded for recent `emergencies' — why does the Free Cash "padding" exist if it's not used for these types of
emergencies? No one else spoke in opposition or in opposition name only. Council President Johnson declared the
Public Hearing closed at 7:11 PM.
' Councilor Letellier inquired if councilors could ask questions at this point. Councilor Sandlin made the Motion to go
into Committee as a Whole which was seconded by Councilor Letellier. Councilor Suffriti asked Cheryl St. John what
was currently in certified Free Cash. Council President Johnson reminded everyone that that number disappears on
July I". Cheryl St. Johnson said there was $10,281,798. Councilor Sufftiti asked if we could use $1,000,000 of this to
offset the taxes. Council President Johnson stated that the Mayor determines that amount. Councilor Mercadante
asked what the standard amount or percentage was to keep in Free Cash. Council President Johnson noted that he
wasn't aware of any particular standard however the amount we keep is significantly high in his opinion however it
' isn't generally used to support the budget. Councilor Cavallo was concerned with leftover money after reviewing the
list of encumbrances sent by Auditor and believes we should sharpen our pencils. He specifically mentioned Police
Court Time and that we should be more prudent. Council President Johnson reminded everyone to keep focused on
questions and not discussions. Councilor Magovern would like to see at least one year without taxes increasing.
Councilor Letellier asked if we could use more Free Cash but would also like to see how the Mayor handles this
budget and appreciates what he has done so far. She also again asked for job descriptions of the solicitors and
' guidelines for billing. Councilor Mereadante understands how the new Health Agent is overwhelmed right now and
needs help however is this new Sanitarian position actually necessary for the future? There was a Health Agent for
many years and we didn't need another position in that department. Why create a permanent position? Council
President Johnson made an observation that this budget is a vastly different approach with the new mayor who seems
to be setting priorities. Next year's budget will be his first full year budget and he is very optimistic that Mayor Sapelli
will hear all the concerns we have voiced. Council President Johnson is convinced we have an administration that
actually has priorities which is quite pleasing. Please get any questions to Barbara in the Council Office so she can get
them answered by June 18`t'and a reminder that the City Council can cut but cannot add to the budget.
Motion to table until June 1$"' made by Councilor Sandlin and seconded by Councilor Rossi. Voice vote approved
tabling the item.
2. TOR-2018-6(PH-2018-4) - An Ordinance amending the Code of the Town of Agawam Chapter 149
entitled "Smoking and Tobacco Products" (Mayor Sapelli) (Two Readings Required)—Public Hearing Set far
June 18, 2018 (Referred to Legislative Committee)
Public Hearing is set for June 18`h
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Item J. Old Business
1. TOR-2018-7 - An Ordinance to amend Section 103-8 of Chapter 103 of the Code of the Town of
Agawam (Mayor Sapelli)(2 of 2 Readings) (Referred to Legislative Committee)
Motion to approve the second reading made by Councilor Cavallo and seconded by Councilor Magovern.
The vote was 9 YES,0 NO,2 ABSENT(Councilors Bitzas and Mineo)approving the second and final reading.
2. TOR-2018-8 - An Ordinance to amended Section 49-7(c)of the Code of the Town of Agawam (Mayor
Sapelli)(1 of 2 Readings) (Referred to Legislative Committee)(Tabled 5/21/18)
Motion to remove the item from the table made by Councilor Magovern and seconded by Councilor Rossi. The item
was off the table. Motion to approve the first reading made by Councilor Magovern and seconded by Councilor
Mercadante. Council President Johnson reminded everyone that this item involved the increase in the solicitors'
salaries and that the Legislative Committee provided a positive recommendation to the Full Council. Councilor
1 Letellier said this item was tabled to wait for job descriptions however the information that was sent to the Council was
NOT a job description. She again noted this was not about personalities and that it was about the process. Council
President Johnson said that the Mayor addressed the billable hours. Councilor Letellier said she did read his memo but
wanted more complete information. Councilor Magovem said he thought it was fair and was satisfied. Councilor
Sandlin asked what the hourly rate of the Solicitor was. Councilor Letellier still said she wants more clarity. Is it a 15
hour work week? Twenty hour? She wants more details. When does overtime kick in? What is the difference
between the Solicitor and the Assistant Solicitor? Council President Johnson voiced concern over tabling the item
since the increase is included in the budget. Councilor Letellier emphasized that she would vote for the first reading
but will NOT vote for the second reading until she has the requested information. Council President Johnson stated
that was a fair request.
The vote was 10 YES, 0 NO, 1 Absent (Councilor Bitzas) (Councilor Mineo arrived during discussion) approving the
first reading.
' 3. TO-2018-13 - Budgetary Transfer of$20,000.00 from the Firearms Qualification (#12101-51130) and
$50,000.00 from the Uniform Allowance (#12101-51070) to Longevity(#12101-51400) for a total transfer
of$70,000.00(Mayor Sapelli) (Referred to Finance Committee) (Tabled 5/21/18)
Motion to remove the item off the table made by Councilor Suffriti and seconded by Council Vice President Calabrese.
Motion to approve made by Council Vice President Calabrese and seconded by Councilor Suffriti. As Chair of the
Finance Committee, Councilor Letellier provided the report stating that there was much discussion on this item and it
was met with many questions and an overall sense of disappointment. This was done to add to retirement and not to
benefit the town. It basically comes down to it is a signed negotiated contract and if we say no, then we will lose in
arbitration. Councilor Mercadante asked what would happen if we said no to this? Would they have to renegotiate?
This is not g Y Sapelli good for the town's retirement fund. Ma Sa elli if this was defeated then the union would file a
grievance and there would surely be arbitration. We would love to renegotiate this when the time comes to address it.
Motion to NOT send any recommendation to the Full Council made by Councilor Mercadante and seconded by
Councilor Calabrese. The vote was 4 Yes,0 No, 1 Absent(Councilor Mineo).
1 Councilor Rossi reiterated what he said at the budget workshop and said this was one of the most egregious
misrepresentations of public funds he has ever seen. The clothing benefit was done for a specific purpose. He does
not believe it to be legal and most clearly misrepresented to be placing this into longevity. He believes it should be
challenged and again stated he thinks it is illegal. Councilor Letellier wanted to table this to get the Solicitor's opinion.
Council President Johnson means no disrespect but is amazed at the prior administration in actually doing this. It will
absolutely cost the taxpayers significant finds especially into the future. At this point, two or three of the unions have
already gone this route and you can rest assured all of the others will be standing in line to follow suit. He doesn't
know, however, if this is actually challengeable unless the Solicitor says something different, we will have to vote to
pass this. If we don't pass this, the union will just sue the town and get a judgment against the town in court.
Councilor Sandlin noted the Council never really gets contracts or Memorandums of Understanding from the
administration so we can see what is going on and asks for them for future negotiations. Hers will be a protest vote.
Council President Johnson stated that the Council's role is different than the School Committee's role in that the
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Mayor is the sole person involved in signing contracts. The Council has nothing to do with it—our job is to approve
the first year of funding for each contract although it is a pet peeve of his that past administration refused to highlight
any changes negotiated from prior contracts. Councilor Magovern commended and agreed with Councilor Rossi
' although meaning no disrespect for the Police Department noting we have one of the finest around. He disagreed with
tabling this and wanted to vote tonight. Council President Johnson said this item is for funding current year—not next
year. Councilor Rossi talked about the Massachusetts Wage Act and that clothing is excluded from the Wage Act. If
' the town wants to give the APD money for uniforms that's great—you just can't put it into their retirement like this is
doing. Council President Johnson is correct — we fund for the first year only. It's our biggest job along with the
budget. Mr. Cohen had a warped sense of what the town pays for and in the future, let's get someone in there to
negotiate contracts that knows what the hell they are doing. Councilor Mercadante said Agawam is healthy and strong
but one problem is pension and this could be seriously problematic in the near future. Councilor Mineo agreed with
everything everyone said and tried to convey this at the last meeting. He said we will have to pay for this for decades
and is not in favor of it; however the contract has already been negotiated and already accepted. He asked what the
repercussions were if we said no and could we even do that. He said we can't blame the APD but should blame the
negotiator for doing this. Council President Johnson stated the Council has a contractual obligation to pay this—if we
don't then they will go to court and likely get a judgment and those get added directly to the levy. Even though we do
not agree with this one little bit,the Council doesn't have much choice in the matter. Councilor Mercadante asked if it
made sense to get a legal opinion from the Solicitor. Council President Johnson said sure however his guess would it
would be similar to what he previously stated and hopefully Mayor Sapelli gets a strong message of what we are
saying. Councilor Letellier keeps hearing Councilor Rossi say fraud, fraud and it makes sense to her to table this item
and request a legal opinion. Councilor Rossi noted that he believes it to be fraud on both sides of the table. Council
President Johnson added that it wouldn't be fraud on the part of the union —we are now playing mop up duty from
prior years' budgets. Councilor Letellier added that Auditor Cheryl St. John said that account is clearly in deficit.
Councilor Magovern asked if there was any chance a judge would agree with us in a court case to which Council
President Johnson said a judge would not make a determination on the fund however if you'd like we could draft a
' letter to PERAC. He is still amazed that whoever represented the town in these negotiations couldn't see how
staggering these numbers would cost the town! Councilor Letellier made the Motion to table and request an opinion
letter from the Solicitor/PERAC and was seconded.
' The vote was 7 YES (Councilors Calabrese, Johnson, Letellier, Mercadante, Mineo, Rossi and Sandlin), 3 NO
(Councilors Cavallo, Magovern and Suffriti), 1 ABSENT(Councilor Bitzas)tabling the item.
4. TO-2018-15 - Budgetary Transfer of $2,800.00 from Carry Over Professional Services (#11379-
52190)to Professional Services (##11372-52190)(Mayor Sapelli) (Referred to Finance Committee)
1 Motion to approve made by Councilor Cavallo and seconded by Councilor Letellier. As Chair of the Finance
Committee, Councilor Letellier provided a report stating that Auditor Cheryl St. John explained that the new
assessor is processing under the appropriate accounts. Motion to send a positive recommendation to the Full
' Council made by Councilor Cavallo and seconded by Councilor Mercadante. The vote was 4 Yes, 0 No, 1 Absent
(Councilor Mineo).
The vote was 10 YES, 0 NO, 1 Absent(Councilor Bitzas) (Councilor Mineo arrived during discussion)approving the
transfer.
' Item K. New Business
1. TR-2018-38 - A Resolution appropriating from the Community Preservation Fund and authorizing
the expenditure of Community Preservation Funds for an update to the historic inventory(CPA)
Referred to Community Relations Committee,next Agenda.
' 2. TR-2018-39 - A Resolution authorizing the reservation and appropriation of funds from the
Community Preservation Fund(CPA)
Next Agenda.
4
3. TR-2018-40 - A Resolution authorizing the appropriation to fund deficits in Snow and Ice Overtime
and Equipment Rentals Snow Accounts($177,544.09)(Mayor Sapelli)
' Referred to Finance Committee,next Agenda.
4. TOR-2018-9 - An Ordinance amending Chapter 33 of the Code of the Town of Agawam (Mayor
Sapelli)(Two Readings Required)
Referred to Legislative Committee,next Agenda.
5. TOR-2018-10 - An Ordinance authorizing the acceptance of General Laws Chapter 44, Section 53F %
which establishes a Special Revenue Fund known as "The PEG Access and Cable Related Fund) (Mayor
Sapelli) (Two Readings Required)
Referred to Legislative Committee,next Agenda.
' 6. TR-2018-41 -A Resolution transferring funds to the CATV PEG Access and Cable Related Fund and
appropriating funds to support cable related expenditures(Mayor Sapelli)
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Next Agenda.
7. TR-2018-42 - A Resolution appropriating Twenty Two Thousand, Six Hundred and Forty Seven
Dollars ($22,647.00) from Free Cash for the Funding of Temporary Salaries and Contractual Services
for the Agawam Municipal Golf Course (Mayor Sapelli)
IReferred to Finance Committee,next Agenda.
8. TO-2018-16 - Budgetary Transfer of $7,675.00 from Fire - Science College (#12201-51120) and
$10,000.00 from Regular Temporary (#12201-51020) and$5,000.00 from Regular Salary(#12201-51010)
to Employee Benefits Buy Back(#16602-51040) (Mayor Sapelli)
Referred to Finance Committee,next Agenda.
9. TO-2018-17 -Voucher List in the amount of$1,188.00 for BoardPaq annual invoice(City Council)
Next Agenda.
10. TO-2018-18 - Budgetary Transfer of $15,000.00 from Law Regular Temporary (#11511-51020) to
' Law Department Professional Services(#11512-52190) (Mayor Sapelli)
Referred to Finance Committee,next Agenda.
11. TO-2018-19 - Budgetary Transfer of $9,850.00 from Line Item Reserve Fund (#16605-57300) to
Professional Services (#16602-52190) (Mayor Sapelli)
' Referred to Finance Committee,next Agenda.
12. TO-2018-20 - Budgetary Transfer of $20,000.00 from Highway Grounds Building Maintenance
' (#14202-52020) to Highway Electricity & Heat (#14202-52110) for $5,000.00 and MV Maintenance
Electricity & Heat (#14902-52110 for $5,000.00 and Wastewater Electricity & Heat (#22542-52110) for
$5,000.00 and Water Electricity&Heat(#60142-52110)for$5,000.00(Mayor Sapelli)
Referred to Finance Committee,next Agenda.
1
13. TO-2018-21 -Budgetary Transfer of$6,000.00 from Reserve Fund (#16605-57300) to Sewer & Water
(#16602-52490)(Mayor Sapelli)
' Referred to Finance Committee, next Agenda.
14. TO-2018-22 - Budgetary Transfer of $12,000.00 from Reserve Fund (#16605-57300) to Medicare
Insurance (#16603-57040) (Mayor Sapelli)
' Referred to Finance Committee next Agenda.
' 15. TO-2018-23 - Budgetary Transfer of $2,000.00 from Fringe Benefits (#16603-52350) and $70,000.00
from Unemployment Claims and $106,000.00 from Property & Liability Insurance (#16603-57500) for a
total transfer of$178,000.00 to Medical Claims (#16603-57060) and Medicare Insurance (#16603-57040)
1 (Mayor Sapelli)
Referred to Finance Committee, next Agenda.
16. TO-2018-24 - Budgetary Transfer of$9,604.87 from various Golf Accounts to various Golf Accounts
(Mayor Sapelli)
Referred to Finance Committee,next Agenda.
17. ZC-2018-1 - Petition for Zone Change by Owner, Salmar Realty, Inc., for property located at 779
and 0 Suffield Street from Residence A 2 and Agricultural to Business A—Refer to Planning Board for
their Public Hearing(June 21,2018) and suggest a City Council Public Hearing date of July 9,2018
According to the Solicitor, the applicant wishes to withdraw this item so it is referred to the next Agenda where the
Council can vote to remove it from the Agenda.
18. ZC-2018-2 - Petition for Zone Change by Owners, Thomas F. Reidy H and Sherry M. Reidy for
property located at 466 South Westfield Street from Agricultural to an Age Restricted Housing District
(Residence A-5) - Refer to Planning Board for their Public Hearing (June 21, 2018) and suggest a City
' Council Public Hearing date of July 9,2018
Referred to Legislative Committee,next Agenda.
' Item L. Any other matter that may legally come before the City Council.
' Councilor Magovern mentioned what a great Memorial Day celebration it was and thanked Aldo Mancini for all of his
hard work and dedication. Councilor Cavallo agreed and especially loved the ringing of the bells. Councilor Letellier
celebrated Memorial Day in Gettysburg and Valley Forge. Councilor Sandlin commended the students who wrote
' essays about what Memorial Day meant to them and hoped these essays would be in the town paper for all to see.
Councilor Cavallo added that the young lady who sang the National Anthem was amazing! Council President closed
with wishing Council Vice President Calabrese a very Happy Birthday on behalf of the entire Council.
Item M. Ad'ournment
The Motion to adjourn was moved by Councilor Magovern and seconded by Councilor Mercadante. Meeting was
' adj ourned at 8:16prn.
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