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CC MTG MINUTES JULY 2 2007 W-7/07 REGULAR COUNCIL MEETING OF THE AGAWAM CITY COUNCIL JULY2 2007 President Rheault—I'd Iike to open the Regular Council Minutes -uh minutes - Meeting of July 2nd and, Betty, are there any citizens wishing to address the Council? No? Okay. i Item.1. Citizen's Speak Time None. • Item 2. Roll Call President Rheault—Will the Clerk please call the roll? ROLL CALL-- 10 Present, 1 absent (Councilor Calabrese) President Rheault—Ten present, one absent. Item 3. Moment o Silence and the Pled e o Alle lance • President Rheault—Please rise for a moment of silence and the Pledge of Allegiance. Item 4. Minutes None. • Item 5. Declaration from Council President None. Item 6. Presentation o Petitions Memorials & Remonstrances • 1. TR-2007-26 -A Resolution to Enter into a Tax Incentive Financing Agreement with Sanders-Family, LLC (Mayor) President Rheault—The Recommendation is that we remove it from the Agenda. • Moved by Councilor Simpson, seconded by Councilor Letellier. Any discussion? If not, Voice Vote is sufficient. All those in favor? Opposed? The item is removed from the Agenda. Item 7. Report of Council Committees • None. • Item 8. Elections None, Item 9. Public Hearin s None. • Item 10. Old Business 1. ZC-2007-5 -V&F Reat Partnership, Rear_of 443„Springfield Street, A swam MA. President Rheault—Uh, I put this back on the Agenda because based on the information at the last Council meeting that was presented to myself prior to the meeting,the best uh, information I had was that a four-fifths vote was required. Upon further investigation both by myself, legal department, etc., we find that the vote that was taken that evening was a sufficient vote of eight votes to adopt the uh, zone change. And I would entertain a motion to uh, moved by Councilor Simpson, seconded by Councilor Bitzas. Do you accept the vote that was taken that evening? That's all. Clerk, please call the roll. Actually, it was a declaration that's already been established, so the vote was taken so we don't need to retake the vote. So that, that vote of eight stood and uh, the zone change was adopted. 2. TOR-2007-5 -An Ordinance to Amend the Code of the Town of Aeawam, Ch. 180,Art. V111, Sec. 180-44-E,Maximum Allowed Gallons of Gasoline Storage (Coup. Pew) (Tabled on 6/4/0-7)(Referred to.Plannine Board on 6/18107) President Rheault—I think the Council got the form that the Planning Board does not wish to be the Petitioner so it's incumbent upon this Council to be the Petitioners, so I would entertain a Motion on that respect. And then we'd have to set up a Public Hearing date, Councilor Perry--Make a Motion to be Petitioner. Councilor Rossi-Point of Information. President Rheault—Excuse me, what's your point, Councilor? Councilor Rossi—Why is it incumbent on us to be the Petitioner? President Rheault— One of us by law has to be, I think 40A... Councilor Rossi—Well, don't we need to take a vote as to whether or not we want to be a Petitioner? • President Rheault—That's what we're doing. I missed the, Councilor Perry made the Motion; Councilor Mineo seconded it to vote for the Council to be the Petitioner. Any • discussion? If not, Clerk please call the roll. ROLL CALL 7 Yes, 3 no and 1 absent (Councilor Calabrese) President Rheault— Seven yes and three no, one absent, the Council is the Petitioner and uh, we're gonna need to set up a Public Hearing date. Betty, can I count on you to uh, check with uh, the time frame? I'm not sure of what date that would fall, but whatever the closest it could be is fine by law. Either the first meeting in August or the first meeting in September would be okay. Clerk—Okay. 3. TO-2007-16 -Application for four (4) automatic amusement devices for Fun Farms d/b/a The Sand Trap, 1399 Suffield St.,Agawam, MA. . President Rheault— So moved by Councilor Simpson, seconded by Councilor Carr Bitzas. Any discussion? If not, voice vote is sufficient on that. All those in favor of the Application? Opposed? VOICE VOTE—Unanimous. 4. TO-2007-17 -Application for twelve 12 additional automatic amusement devices for Six Flags New Enaland, 1623 Main St.,Agawam,MA. President Rheault—Moved by Councilor Simpson, seconded by Councilor Carr Bitzas. Any discussion on that? All those in favor? Opposed? VOICE VOTE—Unanimous. 5. TO-2007-18 -Voucher List($123.00) President Rheault—Already has been approved. Uh, entertain a motion to accept. Moved by Councilor Simpson, seconded by Councilor Bitzas. Any discussion? Roll Call, please? ROLL CALL— 10 Yes, 1 absent(Councilor Calabrese) President Rheault—Ten yes, one absent. You've approved the Voucher List. Item 11. New Business 1. TR-2007-27 A Resolution Accepting the Mutual Aid Agreement for Animal Control Between the city of Westfield and the ELty of Agawam (Mayor) i President Rheault—Next Agenda. ! 2. TR-2007-28 -A Resolution Authorizing the Agawam Community Preservation Committee to Appropriate $112,600.00 from the Community Preservation'Historical Reserve for the Preservation and Restoration of the Thomas- Smith House as Provided for Under the Historical Preservation Section of the Community Preservation Act. • President Rheault—Next agenda. Item 1Z Any other matter that may legally come hefore the City Couneil • President Rheault—Councilor Perry? Do you want to start? Nothing? Councilor. Letellier? Councilor Letellier—Have a safe and happy 01 • President Rheault—Thank you. Councilor Mineo? Councilor Mineo—Happy 41h of July! That's it. President Rheault—Councilor Magovern? Councilor Magovcrn—I just would like to say thank you to the Mayor and Councilor Bitzas. We had a wonderful evening last Thursday night up at McGrath Park. Uh, Richie Metnick was to his best along with Brad Shepard. We had a wonderful evening. We had music and song and comments and it was a great setting. So,thank you to all who were there. And I hope everybody has a very very safe 40` of July. i President Rheault—Councilor Carr Bitzas? Councilor Carr Bitzas—Happy 4th r President Rheault—Councilor Bitzas? Councilor Bitzas—Yes I'd like to thank those people that came to uh, our 40i July early celebration. I especially like to thank few people, uh; the Mayor and the Berkshire Power who give us$1500.00 in expenses for the band and it didn't cost the town one single i dime. My company that donated Stickley rocker and a nice lade won it. We raised just for your information, about almost $1500 and all this money goes to Friends of the Seniors. I like to thank the DPW personnel, building maintenance personnel, fire/police departments, ....helped me to set up things and the Friends of Senior Center,the director and her staff, uh, McDonald's give all the juice and the refreshments uh, also God.of course, didn't rain, rain by the bridge, rain in north part of Feeding Hills, not one drop above McGrath park, it was, it was very funny. So thanks everybody and happy and health and safe 4th of July. Thank you. The Lion's Club, I forgot about, thank you,the • last club were there in full colors and uniforms and did fantastic job serving the people free refreshments for everybody and ...for everybody. So thank you to the Lions. Thank you. President Rheault—Councilor Simpson? Councilor Simpson—Thank you. Happy 4`h of July! • President Rheault—Councilor Rossi? Councilor Rossi—Happy 4th President Rheault—Councilor Young? Councilor Young—Happy 4rh of July everyone. Thank you. President Rheault—And Happy 4th to all those watching and have a safe holiday. I'll • entertain a motion? To adjourn? Moved by Councilor Magovern, seconded by Councilor Simpson. All those in favor? Opposed? We are now adjourned. Thank you and good evening. Ad'ournment. • • • • REGULAR COUNCIL MEETING OF THE AGA WAM CITY COUNCIL • JULY2. 2007 President Rheault—I'd like to open the Regular Council Minutes- uh minutes - Meeting of July 2nd and, Betty, are there any citizens wishing to address the Council? No? Okay. Item 1. Citizen's Speak Time None. Item 2. Roll Call President Rheault—Will the Clerk please call the roll? ROLL CALL— 10 Present, 1 absent (Councilor Calabrese) • President Rheault—Ten present, one absent. Item 3. Moment o Silence and the Pledge of Allegiance • President Rheault—Please rise for a moment of silence and the Pledge of Allegiance. Item 4. Minutes None. • Item 5. Declaration from Council President None. Item 6. Presentation of Petitions.Memorials&-Remonstrances 1. _ TR-2007-26 -A Resolution to Enter into a Tax Incentive Financing Agreement with Sanders Family, LLC (Mayor) • President Rheault—The Recommendation is that we remove it from the Agenda. Moved by Councilor Simpson, seconded by Councilor .Letellier. Any discussion? If not, Voice Vote is sufficient. All those in favor? Opposed? The item is removed from the Agenda. Item 7. Report of Council Committees None. • • Item 8. Elections None. Item 9. Public Hearings None. • Item 10. Old Business 1. ZC-2007-5 V&F Realty Partnership Rear of 443 Springfield Street, Agawam, MA. - • President Rheault—Uh, I put this back on the Agenda because based on the information at the last Council meeting that was presented to myself prior to the meeting, the best uh, information I had was that a four-fifths vote was required. Upon further investigation both by myself, legal department, etc., we find that the vote that was taken that evening • was a sufficient vote of eight votes to adopt the uh, zone change. And I would entertain a motion to uh, moved by Councilor Simpson, seconded by Councilor Bitzas. Do you accept the vote that was taken that evening? That's all. Clerk,please call the roll. Actually, it was a declaration that's already been established, so the vote was taken so we don't need to retake the vote. So that, that vote of eight stood and uh, the zone change was adopted. 2. TOR-2007-5 -An Ordinance to Amend the Code of the Town of Agawam, Ch. 180 Art. VIII Sec. 180-44-E Maximum Allowed Gallons of Gasoline Storage Coun. Per abled on 6/4/0 Referred to Planning Board on 6/18/07 President Rheault—I think the Council got the form that the Planning Board does not wish to be the Petitioner so it's incumbent upon this Council to be the Petitioners, so I would entertain a Motion on that respect. And then we'd have to set up a Public Hearing date, • Councilor Perry—Make a Motion to be Petitioner. Councilor Rossi—Point of Information. President Rheault—Excuse me, what's your point, Councilor? • Councilor Rossi--Why is it incumbent on us to be the Petitioner? President Rheault—One of us by law has to be, I think 40A... • Councilor Rossi—Well, don't we need to take a vote as to whether or not we want to be a Petitioner? • President Rheault—That's what we're doing. I missed the, Councilor Perry made the • Motion; Councilor Mineo seconded it to vote for the Council to be the Petitioner. Any discussion? If not, Clerk please call the roll. ROLL CALL—7 Yes, 3 no and 1 absent(Councilor Calabrese) President Rheault— Seven yes and three no, one absent, the Council is the Petitioner • and uh, we're gonna need to set up a Public Hearing date. Betty, can I count on you to uh, check with uh, the time frame? I'm not sure of what date that would fall, but whatever the closest it could be is fine by law. Either the first meeting in August or the first meeting in September would be okay. • Clerk—Okay. 3. TO-2007-16 -Application for four(4) automatic amusement devices for Fun Farms d/b/a The Sand Tray, 1399 Suffield St.,Agawam,MA. - • President Rheault— So moved by Councilor Simpson, seconded by Councilor Carr Bitzas. Any discussion? If not, voice vote is sufficient on that. All those in favor of the Application? Opposed? VOICE VOTE--Unanimous. • 4__ TO-2007-17 -Application for twelve (12) additional automatic'amusement devices for Six Flags New England, 1623 Main St.,Agawam, MA. President Rheault—Moved by Councilor Simpson, seconded by Councilor Carr Bitzas. Any discussion on that? All those in favor? Opposed? • VOICE VOTE —Unanimous. 5. TO-2007-I8 -Voucher List $123.00 President Rheault—Already has been approved. Uh,entertain a motion to accept. Moved by Councilor Simpson, seconded by Councilor Bitzas. Any discussion? Roll Call, please? ROLL CALL— 10 Yes, 1 absent(Councilor Calabrese) • President Rheault—Ten yes, one absent. You've approved the Voucher List. Item 11. New Business I. TR-2007-27 -A Resolution Accepting the Mutual Aid Agreement for Animal Control Between the city of Westfield and the City of Agawam (Mayor) i President Rheault--Next Agenda, 2. TR-2007-28 -A Resolution Authorizing the Aizawam Community Preservation Committee to Appropriate$112,600.00 from the Community Preservation Historical Reserve for the Preservation and Restoration of the Thomas Smith House as Provided for Under the Historical Preservation Section of the Community Preservation Act. • President Rheault—Next agenda. Item 12. Any other matter that may legally come before the Ciq Council • President Rheault—Councilor Perry? Do you want to start? Nothing? Councilor. Letellier? Councilor Letellier—Have a safe and happy 4tht President Rheault—Thank you. Councilor Mineo? Councilor Mineo —Happy 4th of July! That's it. President Rheault--Councilor Magovern? Councilor Magovern—I just would like to say thank you to the Mayor and Councilor Bitzas. We had a wonderful evening last Thursday night up at McGrath Park. Uh, Richie Metnick was to his best along with Brad Shepard. We had a wonderful evening. We had music and song and comments and it was a great setting. So thank you to all • who were there. And I hope everybody has a very very safe 4th of July. President Rheault—Councilor Carr Bitzas? Councilor Carr Bitzas—Happy 4`hI President Rheault—Councilor Bitzas? Councilor Bitzas —Yes I'd like to thank those people that came to uh, our 4t11 July early celebration. I especially like to thank few people, uh; the Mayor and the Berkshire Power who give us $1500.00 in expenses for the band and it didn't cost the town one single dime. My company that donated Stickley rocker and a nice lade won it. We raised just for your information, about almost $1500 and all this money goes to Friends of the Seniors. I like to thank the DPW personnel, building maintenance personnel, fire/police departments, ....helped me to set up things and the Friends of Senior Center,the director and her staff, uh, McDonald's give all the juice and the refreshments uh, also God of course, didn't rain, rain by the bridge, rain in north part of Feeding Hills, not one drop above McGrath park, it was, it was very funny. So thanks everybody and happy and health and safe 4th of July. Thank you. The Lion's Club, I forgot about, thank you,the i last club were there in full colors and uniforms and did fantastic job serving the people free refreshments for everybody and ...for everybody. So thank you to the Lions. Thank you. President Rheault—Councilor Simpson? Councilor Simpson—Thank you. Happy 4th of July! President Rheault— Councilor Rossi? Councilor Rossi—Happy 01 ! President Rheault—Councilor Young? Councilor Young—Happy 4th of July everyone. Thank you. President Rheault—And Happy 4th to all those watching and have a safe holiday. I'll ! entertain a motion? To adjourn? Moved by Councilor Magovern, seconded by Councilor Simpson. All those in favor? Opposed? We are now adjourned. Thank you and good evening. Adjournment. • •