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CC MTG MINUTES DECEMBER 17 2007• MINUTES REGULAR COUNCIL MEETING OF THE AGA WAM CITY COUNCIL DECEMBER 17, 200 President Rheault—Good evening and welcome to the Regular Council Meeting of the Agawam City Council, December 17'h. Item L Citizen's Speak Time • President Rheault—We have a few citizens wishing to address the Council this evening and the first being Fred Harpin. Fred Harpin —Good evening ladies and gentlemen. My name is Fred Harpin. I reside at 32 Federal Street. I'm here tonight to ask for your support for a reappointment to the S Board of Appeals. Uh,just a little background for those of you who don't know me. I'm a Marine Corp veteran. I was a retired fire fighter. I was also twenty years on the Police Reserve as a Lieutenant in charge of training. I spent probably forty, over forty years in the town on different committees. Also a member of the City Council. I'd appreciate your support. Thank you. President Rheault—Thank you. Doreen Prouty. Doreen Prouty—Good evening Councilors. My name is Doreen Prouty and I reside at 891 South Westfield Street in Feeding Hills. I am here tonight in my capacity as the Chairwoman of the Zoning Board of Appeals to express my support for my two fellow • board members who wish to be reappointed to the ZBA. The first person up for appointment is Fred Harpin, a regular member who has been on the Board for many years. His long history of involvement in various aspects of town government serves the Board well. Mr. Harpin is hard working and fair. He is someone who can be relied upon and his attendance record is impeccable. You would be hard pressed to find another person who genuinely cares for Agawam and its residents as does Fred. The other nominee is Gary Suffriti, an alternate member, who brings his experience as a builder to our Board. He also has served on the Town Council in the past. Mr. Suffriti is knowledgeable and his input is very valuable to this Board. I strongly urge you to reappoint both members. And on another note, I wish to wish all of you a Merry • Christmas and a happy holiday. Thank you. President Rheault—Thank you. Item Z Roll Call President Rheault—Roll Call, Clerk,please call the roll. • ROLL CALL—9 present, 2 absent(Councilor Carr Bitzas and Councilor Simpson) President Rheault—Nine present and two absent. We have a quorum. Councilor Carr Bitzas called and will be unable to attend this evening. Councilor Simpson called and had a previous family engagement and she want to be sure that I wish both the Council and all the listeners of the Council meeting this evening a very Merry Christmas and a very Happy New Year. Item 3. Moment of Silence and the Pledre of AlleFianee President Rheault—Please rise for a moment for the Pledge of Allegiance. Item 4. Minutes a. Rezular Council Meeting—December 3,2007 President Rheault—Council's pleasure? Moved by Councilor Calabrese, seconded by Councilor Letellier. Any discussion or corrections? If not, voice vote is sufficient. All those in favor? Opposed? VOICE VOTE--Unanimous Item S. Declaration-from Council President President Rheault--I would like to uh, take this opportunity to go down to the podium for a moment. If you'll excuse me. I have a letter from uh, Councilor Carr Bitzas that I'd like to read to you. i Dear President Rheault: I find that I am unable to attend the City Council Meeting of December 17'h. I would like to take this opportunity to let you and the other councilors know how much I appreciate having worked with you over these past six years. It has been an Honor to have been apart of the Agawam City Council, I especially appreciate the professionalism and dignified manner in which business was conducted and the many positive projects that were initiated or completed during this time period. 1 am proud of having been a part of it all and 1 join you in welcoming our new Councilors Paul Cavallo and Jill Messick and wish you all success in the future. Merry Christmas to you and your families. President Rheault—I had intended to present Ruth with a little gift and plaque from the Council but unfortunately because she's not here, but I would like to show it to you. And I would like to in the meantime invite all the Councilors down so I, we could join in a presentation to outgoing Vice President/Councilor Magovern. I'll read this as you're • coming down. It says: "Presented to Ruth Carr Bitzas, Agawam City Council, 2002- 2007. In appreciation of your dedication and service to the Town of Agawam." ...Well... "This is presented to Robert Magovern, Vice President, Agawam City Council, 1998-2007. In appreciation of your leadership and service to the Town of Agawam". To Bob,we're gonna miss you obviously and we hope you're not a stranger and come and visit. Your words of wisdom are always welcome because you have an awful lot to offer to the Town. Congratulations. (APPLAUSE) • Councilor Magovern—Thank you very much. Thank you. (PICTURE TAKING) • Item 6. Presentation of Petitions,Memorials & Remonstrances 1. TR-2007-41 -A Resolution Confirming the Reappointment of Scott L. Macey,._11 Cecile Street, Agawam, Ma. to the Agawam Housing Authority for a Term Expiring the Second Monday in January 2013. • President Rheault—Moved by Councilor Magovern, seconded by Councilor Bitzas. Any discussion? George Bitzas? Councilor Bitzas—Yes, uh, I think Scott's here. • President Rheault—Yes, he is. Councilor Bitzas— Okay,just have a few things and I hope and I believe the Council will support him. He's doing a great job down at, uh, for the Senior Center and the Housing Authority. And I hope he continues to do the same thing and help with the • parking. Thank you. President Rheault—Thank you. No pressure Scott. Clerk, please call the roll. ROLL CALL—9 yes - Macey, 2 absent (Councilor Carr Bitzas and Councilor Simpson) • President Rheault—We have a vote of nine yes, two absent. We have unanimously confirmed. Congratulations Scott. 2. TR-2007-42 -A Resolution to Create an Enterprise Fund for the • Wastewater Operation of the City of Agawam by Adopting Chapter 44 Section 53F% of the General Laws of Massachusetts Entitled Enterprise Funds. � President Rheault—Councilor Mineo? Councilor Mineo—Yea, I would uh, like to make a motion that we table this agenda item uh, until our next meeting uh, I think it would be important that we're going to be 0 having a new administration, we're gonna be having a new City Councilors, I believe it would be the interest of this committee that uh,we table this. A President Rheault—Moved by Councilor Mineo, seconded by Councilor Bitzas and Councilor Calabrese. All those in favor? Opposed? Item is tabled until the January 21 meeting. • Item 7. Report of Council Committees None Item 8. Elections • 1. TE-2007-10 - Election of two (2) members of the Agawam Board of Appeals, one being an alternate position. President Rheault—The first name we'll accept in nomination will be for the Board of • Appeals member. And we have, usually we have, it's sort of a routine thing...but tonight I have what I have received, 1,2,3,4—four letters to be put in nomination. So I will entertain a motion for the names to go into nomination. Councilor Bitzas? Councilor Bitzas—Mr. President, I was very impressed by all these names here. I would ! like to nominate Fred Harpin. President Rheault—Alright. Councilor Young? Councilor Young—Yes, it'd be my pleasure to nominate Mr. James C. Marino. President Rheault—Marino. Any other names? Councilor Mineo —Yea. I'd like to nominate Gary Suffriti. President Rheault—I believe Mr. Suffriti, I had spoken to him and prefers to go in as an ! alternate. Councilor Mineo—Okay. President Rheault—Any other names? If not, I'll entertain a motion to close. Moved ! by Councilor Magovern, seconded by Councilor Perry. Nominations..-All those in favor of closing? Opposed? Clerk,please call the roll. State the last name of the candidate of your choice...I'm sorry. Councilor Bitzas? Councilor Bitzas —Can we speak for our candidates? President Rheault—Surely. • Councilor Bitzas—I just wanted to thank Fred Harpin for all his work he did on the Board of Appeals. And I'm not going to repeat the Chair's remarks, uh; Doreen praised both names, Mr. Suffriti and Mr. Harpin. I know Mr. Harpin is a Veteran and has served on the Fire Department,the Police Department;he has....years service to the town as a City Councilor and also as a member of the Board of Appeals. And one of the things that not many people they know that...praise him so much...that would make me vote for his reelection is when the Veterans war memorials were installed and nobody could raise any • more money and we needed about $10,000.00 extra to do it to make it as it looks beautiful today, the Veterans' Green, he gentlemen came out with $10,000.00 and pay for Mi. He didn't want to be known to the press but I hope he's not mad with me for saying his name but uh, yes, Fred was the one so, he's got my respect. Thank you. President Rheault—Thank you. Any other comments? If not, excuse me, Clerk, please call the roll. ROLL CALL— 8 James C. Marino, 1 Fred Harpin, 2 absent(Carr Bitzas, Simpson) President Rheault—Eight for Mr. Marino, one for Mr. Harpin. You've, the Board has selected Mr. Marino to replace him. The alternate position is now open. I'll entertain a motion for names on the floor. Councilor Mineo—Yea. I'd like to nominate Gary Suffriti. President Rheault—Gary Suffriti has been nominated. Any other name? Move to close nominations, seconded by Councilor Perry. All those in favor? Opposed? Clerk, please call the roll ROLL CALL—9 Gary Suffriti, 2 absent(Carr Bitzas, Simpson) President Rheault—Nine Mr. Suffriti. Congratulations to both Mr. Marino and Mr. Suffriti. Item 9. Public Hearings None Item 10. Old Business 1. TOR 2007-11- An Ordinance to Amend the Code of the Town of Agawam Water and S wer Ordinances by Adding Article XII, "Saecial Sewer Improvement District". President Rheault—Councilor Mineo? Councilor Mineo—Yes, um,just like with the last ordinance, I would like to table this. • • President Rheault—Do you want to--before you table—have a discussion in case • anybody wants to speak on it? Move the question? Moved by Councilor Mineo, seconded by Councilor Perry. All those in favor? Okay. Any discussion on this? Ultimately it's gonna be tabled. Councilor Mineo—Yea. I would like to just make the motion that we table this until uh, we have a new administration, new Councilors. Again, it would be in the best interest to do that at this point. Thank you. Councilor Calabrese—Uh, I'd like to second that and um, I'd like to request that we establish a public hearing on this matter. I don't know if this is the appropriate time to do that or uh, (yes), okay, um, thank you. I'm requesting that we establish a public hearing • on uh, this matter TOR-2007-11 and also TR-2007-42 for January 21, 2008. President Rheauh—For January 215t9 Councilor Calabrese— Yes,thank you. • President Rheault—Anybody have a problem with that date? Barbara, do you want to set that up for the 20? Okay, thank you. Motion is to table. All those in favor? Opposed? Tabled til the 2 0 • 2. TO-2007-43 - Order Granting or Renewin ag _ LICENSE for Automatic Amusement Device(s)—Bauch, Inc. d/b/a Home Plate Sports Bar; 827 Springfield Street,Feeding Hills, MA. President Rheault—Moved by Councilor Perry, seconded by Councilor Mineo. Any discussion? If not, CIerk please call the roll on that. • ROLL CALL—9 yes, 2 absent. President Rheault—Nine yes, two absent, you've approved it. • 3. TO-200744 - CLASS II LICENSES for renewal: Bryan Motor Sales, Inc., 124 Garden Street, Feeding Hills, MA. and Dino Carando d/b/a Euro Imports, 175 Main Street Agawam, MA. President Rheault—Moved by Councilor Perry, seconded by Councilor Bitzas, Any discussion an these two? If not,Clerk please call the roll. ROLL CALL—9 yes, 2 absent President Rheault—Nine yes, two absent. You've approved the two licenses. • • • 4. TO-2007-45 -Order Granting or Renewing a LICENSE for Automatic Amusement Device(s)--West Springfield Fish & Game,Inc.,P.O. • Box 25, 329 Garden Street,Feeding Hills, MA. President Rheault—Moved by Councilor Perry, seconded by Councilor Mineo. Any discussion? If not, Clerk please call the roll. ROLL CALL —9 yes, 2 absent President Rheault—Nine yes, two absent. You've approved the license. Item 11. New Business • 1. TO-2007-46 , -Voucher List ($344.00) President Rheault—Next agenda. Next agenda is going to be the 21 t of January. Uh, traditionally the Council at the first meeting of January holds election of officers and that's all, so... 2. TR-2007-43 -A Resolution Authorizing-the Posting of the Warrant for the Presidential PrimaKy Election on February 5 2008 bj the Board of Registrars. (Mayor) President Rheault—Next agenda. 3. TO-2007-47 - Transfer$76,196.62 from Salary Reserve (16605- 57350) to the following accounts. • Account Number Department Account Amount 11211-51010 Mayor Regular Permanent $3,646.00 11341-61010 Accounting Regular Permanent $2,275.00 11371-51010 Assessor Regular Permanent $2,060.00 • 11381-51010 Treasurer/Collector Regular Permanent $3,015.00 11641-51010 Data Processing Regular Permanent $3,754.78 11611-51010 Clerk Regular Permanent $4,626.00 11801-61010 Community Development Regular Permanent $2,124.00 11921-61010 Building Maintenance Regular Permanent $3,894.00 12101-51010 Police Regular Permanent $4,289.00 12101-51070 Police Uniform $637.50 12201-51010 Fire Regular Permanent $4,645.80 12501-51010 inspection Services Regular Permanent $4,565.89 14001-51010 Public Works Regular Permanent $3,015.00 14101-51010 Engineering Regular Permanent $1,831.63 14201-51010 Highway&Grounds Regular Permanent $6,488.87 14201-51030 Highway&Grounds Overtime $270.29 14901-51010 Motor Vehicle Maint. Regular Permanent $1,557.00 15101-51010 Health Regular Permanent $2,124.00 • • 1 641 1-51 01 0 Council on Aging Regular Permanent $1,572.64 16101-51010 Library Regular Permanent .$8,562.00 16201-51010 Parks&Recreation Regular Permanent $1,947.00 22541-51010 Wastewater Regular Permanent $2,442.00 22541-51030 Wastewater Overtime $37.33 60141-51010 Water Regular Permanent $4,476.97 60141-61030 Water Overtime $68.02 . 65261-51010 Municipal Golf Course Regular Permanent $2,371.00 President Rheault—Next agenda.. To be reviewed by the Finance Committee. 4. TO-2007-48 -Transfer$94 115.00 from SalarX Reserve 16605- 573501 to the following accounts: • Account Number Dew rtment Account Nam Amount 12201-51010 Fin;Department Regular Permanent Salaries $66,340.00 1 2201-51 030 Fire Department Overtime $4.725.00 12201-51050 Fire Department Holiday $4,155.00 12201-51070 Fire Department Uniform Allowance $2,450.00 12201-51120 Fire Department Science College $16,445.00 President Rheault—To be reviewed as well. 5. TO-200749 - Order Granting or Renewing a LICENSE for Automatic Amusement Device s --Polish American Club of A swam Inc. P.O. Box 94 139 Southwick Street Feeding Hills MA. President Rheault—Next agenda. • 6. TO-2007-50_ - Order Granting or Renewing a LICENSE for Automatic Amusement Devices)—RAY-MOR, Inc. d/b/a Elbow Lounge,386 Walnut Street, Agawam, MA. President Rheault—Next agenda...Thank you. Chair stands to be corrected. The uh, meeting is not going to be the 21",it's the 22nd. The 21' is Martin Luther King Day. I forgot about that, sorry. 7. TO-2007-51 - CLASS II LICENSES for renewal: Elias Auto, 1123 Suffield Street, Agawam, MA.,Langonet,Inc., 61 Ramah_Circle,Agawam, MA., and Bear Auto Sales, 517 Springfield Street, Feeding Hills, MA. President Rheault—Next agenda. 8. TO-2007-52 -Discussion of elimination of verbatim Council Minutes to outline form. (Councilor Young) President Rheault—Next agenda, • s i Item 12. Any other matter that may legally come before the Council President Rheault—We'll start to my furthest right with Councilor Perry. Councilor Perry—Yes, thank you Mr. President. Tonight I would just like to wish my colleagues up here on the podium um, our camera crew and of course our Council Clerk, i a happy holiday season. I'd like to welcome Jill and Paul to the Council. I look forward to working with you the next two years. Um, I also want to pass on publicly to Ruth Carr Bitzas, I know she couldn't be here this evening but hopefully she's home listening,that for the last six years it's been a pleasure and an honor working with you on this Council. You were dedicated to the Council, committed to the community and you did a fine job. We're gonna miss you up here. And I think the six years that she served she holds the record for attending every sub-committee meeting there was, I think, she showed up for just about everyone's meetings so,you will be missed. And lastly,Councilor Magovern, it's been a pleasure. You're a gentleman. I've had the honor and privilege or working with you for many years. And uh, you'll be missed up here. I'm sure you'll come and i see us and I think you'll be back. Thank you. President Rheault—Councilor Letellier? Councilor Letellier—Yes, thank you. One item of business before we get to some of the i other things. If you remember, somebody had called before about problems with the Pennysaver. I got a call from someone today about the Pennysaver being stuck and buried in his snow and it got trapped in his snowblower. We've gotten other complaints about the Pennysaver just being chucked onto people's lawns. So maybe we can wait for the upcoming administration to see what the new.Mayor wants to do, see if there are any suggestions from the City Solicitor,but you know,we've all gotten calls that people i don't want the Pennysaver just chucked on their lawn. So I told him I would wait for the New Year and see what we could do about eliminating automatic delivery of the Pennysaver or make them deliver it in another way and not just throwing it on people's lawns. I want to join Councilor Perry in wishing Ruth and Harry well. Ruth will be missed. Her input will be missed and her cheering disposition will be missed. And to i Bob Magovern, I know I said it in our Rotary meeting but you will be missed but don't hesitate to give us your opinions on anything. You know, come to Citizen's Speak Time, email us, what have you. We'll miss you and I wish you and Peggy well. To my fellow Councilors, to Barbara, to our camera people,to all of the citizens at home,just best wishes for a Merry Christmas and a happy, healthy New Year and a safe holiday season. i Thank you. President Rheault—Thank you. Let's hear from Jill this evening. Councilor Mineo—Uh, I'd like to just wish everybody a very, merry...did you want Jill? 0 President Rheault—That's alright, go ahead. It probably sounded like Joe... Councilor Messick—Well, as unprepared as I am, Pm just gonna wish everybody a very • Merry Christmas and a Happy New Year, Thank you. President Rheault—Thank you. Councilor Mineo—And I would like to say the same. I hope everybody has a very Merry Christmas and a Happy New Year. I'd um, like to welcome Paul and Jill uh, • who'll be coming on the Committee in January and I'd like to thank uh, Councilor Magovern and uh, Councilor Carr Bitzas for all the work that they've done over the last several years. I can tell you they were two very committed councilors and they will be missed. Thank you. • President Rheault—Councilor Calabrese? Councilor Calabrese— Thank you. I've had the opportunity to serve on the Ordinance Committee with both Bob Magovern and Ruth and I'm gonna be missing the two of them so much. I just can't say how much because it's just inconceivable that we're gonna have 49 a whole new Ordinance Committee practically. Um, but uh, I want to thank them both on behalf of the Town and myself personally for their dedication and service to Agawam. And Merry Christmas, Happy New Year and everybody have a nice safe holiday. President Rheault—Councilor Magovern? Vice President Magovern--Thank you President Don. I just wanted to say thank you to everybody. I've enjoyed my term on the City Council. I can look back with pleasure on some of the things I hope I've been able to try to accomplish and push through. Most of the time I've been on, I've been Chairman of the Ordinance Committee. I think we've had some great Ordinances that we've passed in Town. One in particular that I was not particularly in favor of anywhere, any way, shape, form or manner, uh, which seemed to have gotten hung around my neck. I still was not in favor of that ordinance although I'm very pleased at the outcome. I think we're gonna have a great year coming up with the new Councilors. I want to thank all my supporters that were out there that did vote for me. And most importantly, I want to say thank you to the people that come up to me in • Geissler's or Stop & Shop, people I've never met before in my life and they come up and they say"Thank you". In all the years that I've been here,those thank you's mean more to me than anything else I could mention. So again, thank you for the opportunity to serve Agawam. And Merry Christmas! ! President Rheault— Councilor Young? Councilor Young—Thank you. I also would like to wish my friends and family and the Town of Agawam, happy holidays. Welcome to the new colleagues which we'll do again and I won't say goodbye to either of our departing councilors because I know we'll see • them again and I certainly will so best of luck and again, Happy Holidays. Thank you. President Rheault—Councilor Rossi? • • Councilor Rossi—Yes, thank you. I just got a little bit of business that I'd like to clear • up so we can get the New Year's pretty much hit the ground running. And one of them is this law suit that we have pending with the Police Department over here. I was a little bit upset to say the least about this $634,000.00 price tag that got hung around our neck. But uh, it's my understanding that the uh, Clerk, or the Collector rather, Treasurer, Laurel has submitted to the DOR that tag as a final judgment to be paid. I was a little upset that this Council wasn't notified as to those expenditures or approve those expenditures. And for the last six years, we've been pretty much kept in the dark as to what was going on and all of a sudden after reading the newspapers that we have a$634,000.00 price tag hanging on our neck. But it's my understanding at least from what I read in the newspapers and uh, what I've been able to gather since,that the Town has since appealed • the Judge's ruling in spite of the fact of the opinion that he wrote that now we're . appealing his ruling on the payment for the legal fees. And if I understand that correctly, there is no action that can be taken as long as there is an appeal so,why are we submitting this $634,000.00 to the DOR? I don't think we should be submitting that until there actually is a Final Judgment. So I think we need to look at that and I hope that the Mayor-elect is listening to this. I hate to burden you with that but it seems to be hung around the Council's neck. And the other one is the uh, I think that somebody needs to seriously look at that parking issue that got saddled with this new Senior Center. I was invited to attend a meeting tonight which I found to be very informative. And uh, I had found out that I guess our new Senior Center,the primary parking is with the Council, the Housing for the Elderly and not the Senior Center property itself which seems to be the • ancillary parking. So it appears as though that the, the appropriations that we made and the presentation, it appears at least at this time that that building cannot stand on its own merits which uh, I don't even want to go into the depths of how I feel about that. So, with that aside I would like a Memo sent to the Law Department wherever it needs to be sent, Mr. President, and I'll defer to your judgment on that, that we get some information • sent to this Council that items be placed on this Agenda for this Council's review and evaluation, to find out just exactly where we stand with these things. That we can get back into the...and get some sense of legality back. That aside, I would like to welcome our new colleagues, Jill and Paul. I would like to say to Ruth and Bob, it's been an honor and a privilege to serve with you. Bob, I have known for quite a few years. Ruth, it was an extreme pleasure not only to have worked with you but have gotten to know you personally. I will miss your input, especially with the committees we have worked on, we've worked very close and to everyone else, 1'd like to say Merry Christmas and a very happy and healthy New Year. President Rheault—Thank you. Paul? Councilor Cavallo —Yea, all I'd like to say is I look forward to working with the Council come January and also I'd like to wish everybody at home a very healthy and happy holiday season. President Rheault—Thank you. Councilor Bitzas? • i Councilor Bitzas—Thank you. Publicly, I would like to thank my sister-in-law for serving the Council so well and also she served this Town...very, very well also. And my friend,Bob Magovern, also I'd like to wish him the best. And to all of you,Merry Christmas and a happy, healthy New Year. Thank you. President Rheault--Thank you. I just like to touch on some business before I make some other remarks regarding what Councilor Rossi has addressed. I have written to and • spoke to our legal counsel regarding the Police Contract, And I have for the Council's pleasure if they care to review it, and it would have taken I don't know how many copies to present it to the Council, probably that much of a thick document,probably five or six inches high. I'm gonna leave it at the Council office for a week and if you get a chance and you have an interest to pursue it...I made six very pointed questions to him regarding who authorized payment, how much is it, etc. and I intended to hold an Executive Session this evening, but in the interest of the holiday spirit, I felt that we could do that in January. So,uh, you can expect that to come in January, an executive session and he will update us. One simple thing, I didn't know we hired outside counsel for it but I guess we have two outside counsels for it. I was concerned about why didn't we appeal what the judge has ordered us to pay, and there are many questions I'm sure the Council will be able to provide as well. But that is in the works and hopefully we'll address that issue in the beginning of the year. Secondly, to all of you a very Merry, Merry Christmas and a happy,healthy, and prosperous New Year. To all those fellow Councilors here, I had the privilege of having both Ruth to my left and Bob to my right. So they kept me informed and warm and bothered my all year. But that's all right. The uh, words of wisdom and you know Ruth, she's very quiet. She did a fantastic job and we're gonna miss her. And Bob,obviously has got this historical genius of the Town here, I'll give you that much Bob. As I mentioned before when we presented that plaque, you're certainly welcome at any time because you do offer an awful lot and hopefully you'll volunteer to be on some sub--committee meeting of the Council. So in lieu of that,to all of my fellow Councilors here, a very Merry Christmas and look forward to working with you in the next year. To Paul and to Jill, welcome aboard. It's a lot a fun and uh, there's no pressure at all, believe me, it's fantastic. Thank you very much and good evening. And I'll entertain a Motion to Adjourn. Moved by the Council, seconded by the Council. All are in favor. We are adjourned. Good evening. i Adiournment N i i