CC MTG MINUTES MARCH 19 2007•
REGULAR MEETING OF THE AGAWAM CITY COUNCIL March 19, 2007
• President Rheault—Welcome to the March 19'`meeting of the Agawam City
Council,
Item I.Citizen's_Sgeak Time
We have no citizens wishing to address the council this evening, so will the clerk
please call the roll.
Item 2.Roll Call
All 11 members were present.
President Rheault— I I present we have a full quorum.
Item 3.Moment of Silence and the Pledge of Allegiance
• President Rheault—Please rise for a moment of silence and the pledge of
allegiance.
Item 4.Minutes--Reg_ular Meeting of February 20-2007
President Rheault—So moved by Councilor Simpson, seconded by Councilor
Magovern. Any discussion? Corrections? If not voice vote is sufficient, all those in
favor?
VOICE VOTE—Unanimous; except Councilor Simpson abstained.
•
President Rheault—Unanimous.
Councilor Simpson—Abstain.
• President Rheault—Abstained by Councilor Simpson.
Item 5.Declaration from Council President
President Rheault—I just want to quickly report that I did have an opportunity to
• go to that MPO Rte. 57 meeting. It was very beneficial. State Representative Sandlin
spoke. I spoke and Richard Theroux who is a board member had the opportunity to give a
strong presentation on moving the project from high priority, which they had declared it
was going from high to low priority,he gave a strong presentation as to it going forward
up to high priority. After much discussion and the board ultimately decided if everything
went up to high priority there wouldn't be too much value to high priority, so they moved
it on a unanimous vote thanks to Richard on a medium priority. So which resurrected it
and we can take a very careful look at it. The second thing is the vice president and I will
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be attending this Wednesday evening down at Holy Cross College a meeting with the
Mass. Municipal Association on presidents and vice presidents on procedures of rules
that benefit the council. So hopefully we will come back with some good input and as •
well as to simplifying ordinances etc. So it should be a productive 3 hour meeting, we
are looking forward to it. And I do want to thank Betty publicly for attending this
evening's meeting. Ursula is unfortunately is ill again and well it speaks for itself,I think
its a dozen times that she filled in sofar. So thank you Betty.
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Item 6.Presentation of Petitions, Memorials&Remonstrances
(a) Resolutions
TR-2007-10- A Resolution to Accept a Deed Granting Certain Parcels of
Land to the City of Agawam (15ayor�
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President Rheault—As attached. (Please see attached). Moved by Councilor
Bitzas; seconded by Councilor Carr Bitzas.
Councilor Calabrese—To the chair.
President Rheault—Councilor Calabrese.
Councilor Calabrese--I will be refusing myself in this matter and abstaining in
voting.
President Rheault—Thank you. I think there is a familiar name involved here and
I don't know what that is but thank you. Any discussion on this?If not 6 majority of the
full council is required 6 votes, so clerk please call the roll,
ROLL CALL— 10 YES, 1 ABSTENTION (Coup. Calabrese).
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President Rheault— 10 yes, 1 abstention, you have approved accepting the deed.
Item 7.Report of Council Committees
None.
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Item 8.Elections
None.
Item 9.Public Hearings
(a) _ — •
1. PH-2007-3-(ZC-2007-3)-Zane Change-to include the Property known as
Rear Main Street, Agawam_MA in the Wireless Telecommunications Overlay District as
submitted by Mushy's Golf Center LLC (Ref.to Zoning Review Comm. on„Feb. 5,
2007)(Conduct Public Hearing).
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President Rheault—It was referred to the zoning review committee and I'll ask
the chairman to comment on that but I am gonna open the public hearing with the
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TR-2007- 1 Q
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ARESOLUTION TO ACCEPT A DEED GRANTING CERTAIN PARCELS OF LAND
TO THE CITY OF AGAWAM
WHEREAS, Charles A. Calabrese, of 10 Woodside Drive, Agawam, MA granted the
City of Agawam with quitclaim covenants certain real estate situated in Agawam,
Hampden County, Massachusetts designated as lots 349-353 Roosevelt Avenue, all
shown on a plan of lots recorded in the Hampden County Registry of Deeds in Book of
Plans 163,Page 62.
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WHEREAS, under chapter M.G.L. 60 § 77C, cities and towns, acting through their
legislative bodies,may accept a deed, in which all persona who have an interest in title
join as grantors, in lieu of foreclosure to any parcel of land within the city limits pr meet
the town requirements set forth in this section;
WHEREAS, it would be expeditious and less expensive to secure the above mentioned
parcels via chapter M.G.L. 60 § 77C that through the foreclosure process-, and
WHEREAS, the Superintendent of Public works has stated that it would be beneficial for
the Town to own this parcel, and
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WHEREAS,. the.town.._would use the parcels as a retention basin to the benefit of the
community.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL to
• accept the deed for the parcels of land designated as lots 349-35.3 Roosevelt Avenue, all
shown on a plan of lots recorded in the Hampden County Registry of Deeds in Book of
Plans 613, Page 62 and to authorize the Mayor to take any other actions necessary to
carry out the acceptance of the deed.
PER ORDER OF THE CITY AGAWAM CITY COUNCIL
Donald M. Rheault, President
AP OVED S TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
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KNOW ALL PERSONS BY THESE PRESENTS
That, L Charles A. Calabrese, of 10 Woodside Drive, Agawam, Hampden County,
Massachusetts for consideration paid and in full consideration of less than one hundred ($100.00) •
dollars hereby grant to the Town of Agawam, a municipal corporation duly established under the
laws of the Commonwealth of Massachusetts with offices Iocated at 36 Main Street, Agawam,
Hampden County,Massachusetts with Quitclaim Covenants thefollowing describedparcel of land:
Lots 349-353 Roosevelt Avenue, Hampden County, Massachusetts
Certain real estate situated in the Town of Agawam,Hampden County,Massachusetts being known
and designated as Lots 349-353 as shown on a plan of lots recorded in the Hampden County Registry
of Deeds in Book of Plans 163, Pages 62 and 63, to which plan reference is made for a more !
particular description.
Being a portion of the premises conveyed to the Grantor herein by deed which is recorded in the
Hampden County Registry of Deeds in Book 3973, Page 188. See also deed recorded as aforesaid
in Book 15039, Page 468 and cancellation of said deed recorded as aforesaid in Book I6039. Page •
323.
WITNESS my hand and seal this `h day of , 2007.
Witness Charles A. Calabrese
Commonwealth of Massachusetts •
Hampden, ss. ' 2007
On this 'h day of 2007,before me,the undersigned notary public,
personally appeared Charles A. Calabrese, proved to me through satisfactory evidence of !
identification, which was valid drivers Iicense to be the person whose name is signed on the
preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose.
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Christopher C. Johnson, Notary Public
My Commission Expires: I2/27/2007
Johnson & Sclafani
Artomeys at Law
776 Westfield Street
West Springfield, MA. 01089 F
• Telephone (413) 7324356 1 FAX (413) 439-0480
November 9, 2006
Laurel A. Placzek, Treasurer/Collector
i Town of Agawam
36 Main Street
Agawam, MA 01001
Re: 0 Roosevelt Avenue
• D1346-0005
Dear Laurel,
Per our recent conversation,'I represent Charles Calabrese relative to the above referenced
i parcel. The parcel in question was part of a subdivision plan approved by the town in the late 1970's.
As part of the subdivision approval process,the parcel was to be conveyed to the town since it is the
site of a retention basin and other drainage structures which serve the other lots in the subdivision.
Mr. Calabrese believed that the property had been deeded to the town and disregarded the
• tax bills that were sent as being generated in error by the town. I recently spoke with'Jack Stone
regarding the DPW's interest in town ownership of the parcel, and he indicated that he believed it
would be-beneficial forthe town to own the parcel. He fur,tier indicated that he desired to have Mr.
Calabrese clean the retention basin and the other drainage structures prior to deeding the parcel to
the town.
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Pursuant to our conversation,Mr. Calabrese is willing to do the following: (1)pay the back
taxes, which you indicated total$12,342.56, (with late charges and interest being waived as part of
the town receiving a deed in lieu); (2)clean the retention basin and the other drainage structures on
the parcel; and (3) deed the parcel to the town. I believe this proposal benefits the town in that it
recovers the principal amount of the taxes due, it takes ownership of the retention basin and other
drainage structures,and it benefits from my client's efforts to clean the retention basin and drainage
structures.
Please let me know if you need additional information, and thank you for your assistance
with this matter.
Very truly yours
i
Christopher J linson
cc: Charles Calabrese
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understanding that we will continue the public hearing because we have not received,
well I'll let Attny. Johnson state the reason for it for the record.
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Christopher Johnson—Good.evening, I represent Mushy's Golf Center LLC and
opt the site. I would ask the council to continue the public hearing till your second April
meeting. We've had two meetings with the planning board. They continued their public
hearing till April 5 h. We are-providing additional.information. After the first public
hearing they asked for the balloon float which we did a week ago Friday and now they
asked for additional technical information from the radio frequency engineer,which we
plan to present at their April 5 h meeting. So I ask that you continue your public hearing
until your 2"d April meeting, which will give the planning board opportunity to make its
recommendation to you.
President Rheault—Thank you. Councilor Letellier.
Councilor Letellier--Yes just a quick question Chris. I know we've spoken on the
phone about the need to continue it. The planning board sent us a letter saying that we
cannot make a decision until 20 days after their public hearing closes. So if they have a •
public, if they are meeting on the 5'', 20 days is the 25d'that's beyond our second
meeting. Does it make more sense to continue it until the first meeting in May so that we
don't have to recontinue it again the second April meeting?
Attorney Johnson-- Yes it makes sense. I was assuming it there was 20, but there #
wasn't.20 days.
Councilor Letellier—No,there won't be,just to save everybody a nip thanks.
President Rheault- Just give me one second here, I am looking for, I thought. All
those in favor of continuing the public hearing?
VOICE VOTE—Unanimous.
President Rheault—Opposed? Good enough, declare the public hearing is
continued until the second or I am sorry, first meeting in May?First meeting in May,
alright thank you.
Item 10. Old Business
(a)
1. TOR-2007-1-(ZC-2007-I)-P_H-200 7-I)-An Ordinance to Amend •
Chapter 180 of the Code of the Town of Agawam by adding Art. XVL Historic
Preservation Overlay District(Public Hearing Held March 5, 2007)(1st Reading Held
March 5, 2007)(2"d Reading}.
President Rheault—Councilor Bitzas moved; seconded by Councilor Magovern. •
Any further discussion or comments on the second reading? If not its attached as
amended (please see attached). Will the clerk please call the roll.
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TOR-2007-1
! ZC-2007-1 As Amended
AN ORDINANCE TO AMEND CHAPTER 180
OF THE CODE OF THE TOWN OF AGAWAM BY ADDING
ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT
• (initiated by the Agawam Planning Board)
WHEREAS, the Agawam Planning Board has initiated a zoning
amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to
amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District;
* and
WHEREAS, the amendment proposes to encourage, permit flexibility and
provide incentives for the preservation of historic buildings, structures, sites and
settings, and elements of historical or architectural significance; and
• WHEREAS, the proposed ordinance amendment further promotes and
protects the health, safety and welfare of the residents of Agawam and is in the
best interests of the City of Agawam;
NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE
AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF
____AGAWA_M, BY A I VERLAY
DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON
ADOPTION:
Article XVI
Section 180-112 Purpose. The purpose. of this Article is to create an overlay
district to allow for the conversion of Agawam's historic structures while
! preserving the character of nearby residential neighborhoods; to encourage the
preservation, reuse and renovation of historic properties; and to promote
diversified housing opportunities.
Section 180-113 Overlay District. the Historic Preservation (HPOD) Overlay
District shall be applied in all Zoning Districts. Within the HPOD all regulations of
the underlying district(s) shall continue to be in full force and effect, except where
these regulations supercede such underlying requirements or provide an
alternative to such requirements.
• Section 180-114 Historic Eligibility: A historic structure or historic place must
meet one of the following criteria:
A. Included in the Agawam inventory of Historic Structures prepared by the
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Agawam' Historical Commission, as amended from time to time, including
buildings listed for which complete surveys may be pending; or 0
B. Listed on or is within an area listed on the National Register of Historic
Places or is subject of a pending application far listing on the National
Register of Historic Places, or has been determined to be eligible by the
Massachusetts Historical Commission for listing, either individually, or •
within an historic district, on the National Register of Historic Places.
Section 180-115 Conditions
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A. Existing buildings being converted under the terms of this Article are not
subject to the minimum lot area, minimum setbacks, maximum building
height, or maximum number of stories requirements listed in the
underlying district. Additions or alterations to the existing structures are
subject to the height and setback requirements of the underlying district.
-B. Existing buildings on existing lots that are deficient in frontage may be
converted under the terms of this section without a variance, but existing
lots which meet or exceed the minimum required frontage may not be
subdivided in such a manner as to leave the existing building on a.lot that
lacks the minimum required frontage.
extent possible.
D. The original building area is not to be increased more than ,ten (10) 0
percent of its gross floor area.. Additions and alterations made to comply
with the requirements of the Americans with Disabilities act are not subject
:to this limit.
Section 180-116 Special Permit. The Agawam City Council may grant a Special
Permit to authorize actions upon and uses of historic structures and historic
places that exceed those allowed in the underlying district, if such actions or
comply with the requirements of this section, § 180-11, and are in the Town of
Agawam's best interest to preserve and enhance historic structures and historic
places.
Section 180-117 Review by Other Boards. Whenever an application for such a
special permit is filed with the City Council, the applicant shall also file, within five
(5) working days of the filing of the completed application, copies of the
application, accompanying site plan, and other documentation to the Agawam
Historical Commission, the Agawam Planning Board, the Agawam Health
Department, the Agawam Fire Department and the Agawam Safety Officer for
their consideration, review and report. The copies necessary to fulfill this
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requirement shall be furnished by the applicant. Reports from other boards and
• officials shall be submitted to the City Council by the date of the public hearing,
but in any case within thirty-five (38) days of the receipt of the reviewing party of
all of the required materials; failure of these reviewing parties to make
recommendations after having received copies of all such required materials
shall be deemed a lack of opposition thereto.
• Section 180-117 Uses. Allowed Uses, if found to be appropriate by the Agawam
City Council, shall be limited to: residential, and bed and breakfast homes
allowing a maximum of one week's stay.
• DATED THIS DAY OFc�r ,-, 2007.
PER ORDER OF THE AGAWAM TOWN COUNCIL
•
Donald M. Rheault, President
Agawam Town Council
P OVED S TO FORM AND LEGALITY
Vincent . Gioscia, Solicitor
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ROLL CALL— l 1 YES. .
President Rheault— I I yes you have approved the second final readinf.
Item 10.2 TOR-2007-2-An Ordinance to Amend the Code_of the Town of Agawam
Chapter 49, Entitled Personnel, §49-7 A(2) and §49-7 B (2) and B (3) and Add 49-7 B
(4) �Coun. Calabrese)(15t Reading Held on March 5,2007)(2" Reading).
President Rheault—2°d reading is in front of the council as attached (please see
attached). Moved by Councilor Calabrese, seconded by Councilor Rossi and Councilor
Carr Bitzas. Any further discussion? Councilor Perry.
•
Councilor Perry—Yes thank you Mr. President. I think that we are all aware of I
was the lone no vote on this at our last meeting and I know that Councilor Calabrese'
finance committee gave us that evening a salary comparison from the surrounding
communities in regards to the mayor, city council and school committees and looking at
that you know Agawam is at the low end at 65,000 a year which our mayor currently
makes along with Chicopee's mayor. What I did was I did a little looking and a little
more comparing those communities that were listed here and I went into the directory
that we all get from the Mass. Municipal Directory and I looked at three different areas to
compare at. One was population of the communities,that we're comparing to, school
enrollment and their operating budgets. I got the information from the directory. If you
look at Agawam according to the directory the population is 29,000. Chicopee has a
population of 55,000. Westfield 41;000, Holyoke 40,000, West Springfield 28,000,
Springfield 152,000 and we had South Hadley in there but I really didn't look at them
because they don't have a mayor there,they have a town manager that you know is really
like a department head. Looking at school enrollment, Agawam has enrollment of 4,392,
Chicopee has an enrollment of 7,513, Westfield 6,320,Holyoke 7,289, West Springfield
3,975 and Springfield has 28,000 enrolled. If you look at the operating budget of the
surrounding communities that we are comparing ourselves to. Agawam has an operating
budget of 69 million for 2006/2007. Chicopee's operating budget is 130 million dollars,
Westfield 110 million, Holyoke 133 million, West Springfield 75 million. So when you
think about comparing we got to look at the whole picture. We have the lowest budget,
operating budget of all the communities we are comparing ourselves to. And if you look
at Chicopee theirs is double and the population is double, but their mayor makes $65,000
a year. We need to keep those things in mind too when we're making our decisions in
regards to any salary increases. I know the school community we got the new budget
handed to us tonight. I know Jill, Councilor Simpson's committee school budget •
committee had a meeting last Monday evening and they are looking at a little over 5%
increase in this year's budget. Correct? I believe its right around there. In talking to some
of the councilors and school committee members they were talking in that meeting that
the mayor is actually looking from the proposed budgets that have been given to him
from various department heads the next years' budget he is actually looking to try and cut •
about a million dollars out of what they are asking for it, about 400,000 out of the school
committee or out of the school budget. But yet we are gonna sit here and increase the
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TOR-200 - 2
DRAFT
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AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM CHAPTER
49, ENTITLED PERSONNEL, § 49-7 A (2) AND § 49-7 B (2) AND B (3) AND
ADD § 49-7 B (4)
WHEREAS, the Agawam City Council desires to amend § 49-7 A (2) of the Town
Code to increase the annual salary of the Mayor; and
• WHEREAS, the Agawam City Council desires to amend § 49-7 B (2) and B (3) of
the Town Code to increase the annual salary of City Councilors and the City Council
President; and
. WHEREAS, the Agawam City Council desires to add § 49-7 B (4) to include the
annual salary of School Committee members;
NOW THEREFORE, the Agawam City Council hereby resolves, ordains and enacts
the following amendment to Chapter 49 § 49-7 A (2) and § 49-7 B (2) and B (3) and to add 4
49-7 B (4) of the Code of the Town of Agawam as follows:
DELETE tlie last sentence from § 49-7 A (2) as follows:
The Mayor shall receive an annual salary of$65,000.
ADD.the following to be the last sentence of§ 49-7 A (2) of the Code of the Town of
Agawam which shall now read as follows:
The Mayor shall receive an annual salary of$85,000. (Effective V Monday,
January, 2008)
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DELETE the following from § 49-7 B (2) as follows:
Councilor: $6,000 per year,
• ADD the following to § 49-7 B (2) of the Code of the Town of Agawam which shall now
read as follows:
Councilor: $10,000 per year. (Effective commencement of term beginning January,
2008)
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DELETE the following from § 49-7 B (3) as follows:
Council President: $7,000 per year. •
ADD the following to § 49-7 B (3) of the Code of the Town of Agawam which shall now
read as follows:
Council President: $12,000 per year. (Effective commencement of term beginning •
January, 2008)
ADD § 49-7 B (4) of the Code of the Town of Agawam as follows:
School Committee: $5,000 per year. (Effective commencement of term beginning •
January, 2009)
kh '�
Dated this 19 day of_ 1�lar , 20fie
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PER ORDER OF THE AGAWAM CITY COUNCIL
•
Donald M. Rheault, City Council President
OVE AS TO FORM AND LEGALITY
•
incent dioscia, Acting City Solicitor
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salaries for the mayor, council and school committee$74,000. The million that he is
supposedly looking to cut out if we vote this in its an additional 71/Z%that we are gonna
have to cut out of these budgets. Just keep that in mind. You know we sit here year after
year and have the budgets come before us and one of the biggest things that we Bear in
the increase of the budget is negotiated salaries. Well the budget is going up ex-amount.
School committees budget,proposed budget is going up 5%. Half of that if not more than
1/2 of that is the negotiated salaries, You know we need to and go ahead and pass these
budgets. I think we as a council need to start looking at some of these high end salaries
that we are paying some of these department heads, You know we sit here and say o.k.
well that increase is negotiated but do we really look at those. You know one of the
biggest arguments I hear up here is the fact that well the majority of the department heads
make more than the mayor does. May be we need to start looking at what we are paying
0 our department heads,put a cap on these. That type of thing. You really have to look at
what we are doing this evening as far as any increase in the budget is an increase in taxes
for the taxpayers. Thank you,
President Rheault—Anyone else? Councilor Calabrese.
0 Councilor Calabrese--Thank you for that analysis I do appreciate that. Just to
supplement what you had given us this evening I also did a taxpayer impact analysis and
you'll have that at your place. And what I did was I calculated the total amount of the
salary increases, exactly 74,000 I am not quibble over the amount and the other thing I
got into the taxpayer, the tax assessor's office to find out how many tax paying parcels
• we had in town and there are approximately 10,606 residential parcels and 562
commercial and industrial combined parcels for a total of 11,168 parcels. And I just did
some simple math, because I know there is always issues of the tax shift to see what we
are talking about as far as an impact on Agawam taxpayers and in a worst case scenario if
nothing else changes,just dividing the 74,000 by the 11,000 and some odd tax parcels,
we are looking at an impact of about $6.63 a year and that comes out because we pay our
taxes quarterly to $1.66 a quarter. So I wanted to thank you for that.
President Rheault—Any other discussion? Councilor Letellier?
Councilor Letellier--Yes thank you. This increase has probably generated some
of the more recent most comments I've gotten from taxpayers recently, so I thought I
would just share them with the rest of the council. And they public at home so they know
we do listen to what they say. In terms of the mayor's salary. I had at the last meeting
discussed that I thought may be we should do seventy-five but if nobody else support it I
* wouldn't go forward. What I am hearing from the bulk of the taxpayers they are o.k. with
85,000 because they feel, they believe in the argument that you'll get more qualified
candidates. With regard to the city council increase is where I got the most flack. People
are telling me you are going from six to 10,000 you are almost doubling your own salary
when you guys do to deserve it, so the more negative comment that I got was with regard
to the city council salary and not to the mayor's salary. I am just putting that out there
0 again not saying I am going to propose anything,just want to share with you and I don't
know if people are hearing the same things that I am hearing. But I am hearing more
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flack for the city council increase than I am for the mayor increase and I really didn't
hear any comment at all about the school committee increase, so I am just sharing what
I've heard, thanks. •
President Rheault— Councilor Simpson,
Councilor Simpson—Thank you. Just one quick comment on the only things I
have heard is that people thought that our next paycheck had a raise in it. So did want to •
put that out, that people are saying oh you voted yourself a nice raise, when are you
getting it and that type of thing, and I had to tell people that yes we are voting on raises
for the mayor, the city council and for the school committee but it will not take effect
until January of 2008 and that all 11 of us and all 6 of the school committee and the
mayor may not even see the raise, because you have to #1 elect to decide you run again
and then#2 be re-elected to actually partake in this raise. I think there was some
confusion where people thought that as of next month we were gonna have increase in
paycheck, so I just say technically it was not for anyone that is holding any of those
position because as I said #1 you have to start to run again and#2 you have to be re-
elected. So I kind of put that up so that people do realize that its not taking place 40
immediately.
President Rheault—Thank you for your comments. Councilor Rossi.
Councilor Rossi—Thank you. I am glad that Jill brought that up because there
seemed to be some confusion, I read some articles in the newspaper that people think
we're actually giving ourselves an increase. But I think what everybody seems to be
forgetting and the council here is pretty aware that this is what we have to do. This is
probably one of the most vulnerable things that we have to do. Its not that we are raising
it far ourselves,we are raising this for the position and the responsibilities that this office
holds,that's what we are here to decide. As to whether or not the position merits the
increase. The same as we would for any other department,the same as we would for any
other employee, be it police, be it fire, be it school, whatever the situation may be we deal
with appropriations every meeting, that's what we do. What makes this so unique is that
we seem to be somewhat vulnerable to this because the people seem to think that we are
voting for ourselves. I thank what we need to look at here is the positions itself and find a
value figure of what we believe it to be worth. I don't need to sit here and tell these
council members of the hours of work that goes into being a councilor. Now I know
myself I think it certainly warrants an increase, there hasn't been an increase in a long
time but speaking for myself I mean I am here because I like to be here. This is what I
want to do, otherwise I wouldn't be here, regardless of the money. But if I had to sit back
and look through the window here to see the amount of work that goes into being a
councilor, the sub-committee meetings, the regular meetings, the other events,the social
events that we're required to attend,the out of pocket expenses that we come up with
every year just to participate in some of these functions. We have to attend school
committee, graduations, other ceremonies that we're asked to attend. Those things require
a lot of time on us and if you are gonna look at this thing, you have to look at this total
picture and I think that everyone out there within the sound of our voice has to
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understand this is what we have to do and as I said earlier it exposes our underbelly if you
will, it makes us vulnerable because it makes us subject to attack like we're trying to do
i some self-serving interest here,that's not what this is about. This isn't anything more
than making a decision like we would on any other issue, whether we think the cost
worth factors are there and I think that's what really got to decide. But again as Jill said,
it isn't for us, we have to first of all run, second of all, more importantly we have to get
elected in order to even realize this increase. So its not about us, its about the position.
President Rheault—Councilor Magovern.
Councilor Magovern—I just like to go on record as reiterate what Councilor Rossi
and Councilor Simpson said. Basically what I was gonna say when I turned my light on
• and Bob put it very,very eloquently.I mean we are all up here for one main reason. We
love Agawam. This is my home town, I grew up in Agawam as did Councilor Rossi, as
did Councilor, President Rheault, as did several others, we grew up Councilor Perry this
is our home town. We're here because we want to make it a better community and I think
that some of us have strived and we worked very hard to make it so. But I've heard the
• one comment that bothers me is that they say well gee you are getting paid ex-amount for
a meeting all you do is go twice a month and you're gonna get paid this. That's not so, its
like Councilor Rossi said, we're put in a lot of hours at sub-committee meetings. Go up to
the library some night when there is a scheduled sub-committee. I'd love to have more
citizens look in the paper and see when the city council has their sub-committee meetings
scheduled and you'll find out what really goes into it, I mean we have discussion here but
0 hopefully most of the discussion is not here on the council table,most of the discussion
takes place in sub-committee meetings where we can thrash out sometimes a little bit
more heated than we would like. Out opinions, where we get these opinions worked out
and then come before the council and have the overall discussion and vote on it. But there
is a lot of hours that goes into it and what's said was actually right,we are not voting
• ourselves a raise. We have to decide #1 if we're gonna run for re-election and then you
the citizens are the ones that are gonna determine if we deserve the money, you're gonna
vote yes or vote no when our name is on the ballot and if somebody else wants to step
forward and run, God bless you we need as many good candidates as we can to get into
these raises and hopefully we end up with the best city council that we can. I talked to a
lot of my friends that are other city councilors in Holyoke, West Springfield and they all
go through the same problem as we do and then when they decide they want to have a
raise they get criticized. But most of them are either up the way we want to go or get
themselves or not give themselves but give the council position a raise. The last increase
we had was over 6 years ago so I don't think that's in an inordinate raise and hopefully it
will be a good advantage for the entire council, school committee,the mayor's salary and
the city council. Thank you.
President Rheault—I just want to make a quick comment. I promised this woman
I would say it publicly on TV. I am a fairly visible guy and I do get around and meet a lot
. of people and I only had one person in this whole town that stopped me at Stop &. Shop
and she said oh I am finally glad to see that you guys are getting a raise. And I had to
disappoint her and say I am sorry but its not for us and she said oh that's not fair at all,
7
•
that's terrible. So if you are listening,I won't mention your name but I fulfilled my
obligations to you.Any father? Councilor Carr Bitzas.
•
Councilor Carr Bitzas—Thank you. For myself I am going to support this. I went
through the 07l08 ...budget and checked some salaries of department heads and I found
that there are seventeen department heads that make as much or more than the mayor of
the town of Agawam, seventeen. And there are five who earn way in excess of what the
mayor of the town of Agawam earns. You know we are voting on the position. We don't •
know who the mayor of Agawam is gonna be in January. We might think we know but
one never knows. I think that we should be paying the mayor at least as much as those
that are somewhat higher than him. I just don't see, I think the office of the mayor
deserves the 85,000. 1 don't agree that people are gonna run just for the money. What I
think is that you are gonna get more qualified people when you pay them enough money. •
Times have changed, things are not cheap anymore and as far as what department heads
get, we don't have any control over that,they are unions. The clerical workers have a
union and the department heads have a union, so that those are negotiated salaries, but
what the mayor can do about that I think is very little, unless they do away with unions.
So i think its only fair to have the mayor of the town of Agawam make somewhere, at •
least somewhere near what the other department heads make in our town, so that's where
I stand on the subject, thank you.
President Rheault—Will the clerk please call the roll.
ROLL CALL— 10 YES, I NO (Coup. Perry). 0
President Rheault— 10 yes, 1 no you have approved the second and final reading.
Item 10.3 TO-2007-9-Class II Dealer License Transfer for Bear Auto Sales. •
President Rheault- Councilor Simpson moves, seconded by Councilor Bitzas. Any
discussion? Councilor Rossi?
Councilor Rossi—I am not opposed to the transfer although I probably should be.
And it doesn't have anything to do personally with Bear Auto. Its just that I don't think
what the intend of the law is and I know there were some people that did agree with me.
This council voted to reduce the number of car lots to 20 from at the time I think we had
something like 34, 33 car dealers and the only way to reduce those is when these people
no longer want to stay in the business, that's the only way to get rid of them. We're not
taking licenses away from people. When they decide they no longer want a license they •
turn it back in. The license is gone until it gets to 20. I think that was, I know that was the
original intend but we don't seem to be doing it that way and I am just going to draw a
little parallel to this and I think I mentioned it last time after the meeting and this
absolutely makes no sense to me. If we have a car lot for every 1,000 citizens in this
community, 1 car to service every 1,000. Police and fire you are probably talking about +
six or 7,000 per police and that makes non-sense to me. I know I am not the majority in
here because we had these discussions before but my argument with this is that we are
8 •
•
increasing the number of cars on this by 20.Now I would be willing to go along with this
until this council decides that we want to go ahead and start attacking this problem from a
different direction. I will vote for this but I will not vote for an additional 20 vehicles. If
they want it,they take it for the amount of vehicles that the other owner had,that this is
my opinion.
President Rheault—Any other discussion. I would, I am gonna need a specific
• motion if you're not gonna add...
Councilor Rossi—Well if you want to I'll make the motion that the license be
passed that the additional 20 cars be stricken and if you want to do that I will do that. But
I cannot, I will not vote for it under its present form. Whatever the council's pleasure is.
•
President Rheault—Any other discussion? Councilor Letellier.
Councilor Letellier—Has this been referred to the license committee? I don't
think it has. I am kind of the mind a little bit of what Councilor Rossi said. We've gone
through a lot of work. He resigned this committee chair-ship to try to get these licenses in
shape and people go around it by transferring. So I think it should be looked at by the
license committee before we have another round, so I would move to table it and then we
can have a lot more thorough discussion in the license committee.
• President Rheault--Tabled and send it to the license committee. Alright. Motion
is on the floor.
Councilor Simpson—Second that.
President Rheault— Seconded by Councilor Simpson. Clerk please call the roll.
• Table and send to license committee.
ROLL CALL I YES.
President Rheault— 11 yes, you tabled the item and send it to the license
• committee.
Item 11. New Business
(a)
1, TOR-2007-3-An„Ordinance„to Amend Chapter 49-7_of the Code of
• the Town of Agawam)Sponsored by Council President Donald M. Rheault)(1"Reading)
President Rheault—I like to refer that to the Finance and Ordinance Committee
prior to the next meeting, That's regarding paying dedicated fill in council clerk in a
different manner.
Item 11.2 TO-2007-10-Transfer-$22,200.00 from Reserve Fund (16605-57300)to
Line Items—Long Term Debt Principal 0 66-01-57600)(Mayor).
• 9
President Rheault—Next agenda.
Item 11.3 TR-2007-11-A Resolution Confirmina the rem ointment of Aldo
Mancini, 482 South West Street, FH, MA to the Agawam Ceterans Council to a Term
Expiring April 1, 2009 (Mayor).
President Rheault—Next agenda.
Item 11.4 TR-2007-12- A Resolutio_n_Appropnating from the Community
Preservation Fund and Authorizing the Expenditure of Community Preservation Funds
for the Creation,Construction and Preservation of Land as a Park fro Recreational_Use on
Property Owned by the City of Agawam and Located on School Street(Mayor),
AND
Item 11.5 - TR-2007-13-A Resolution Appropriating from the Community
Preservation Fund and Authorizing the Expenditure of Cornmuru Preservation Funds
for the Creation, Construction and Preservation of Land as a Park for Recreational_Use on_
Property Owned by the City of Agawam and Located on School Street Mayor).
President Rheault—As attached (please see attached). They are both different but
they both go to the next agenda. •
Item 11.6 ZC 2007-4-Newly prepared Zoning Map for the Town of Agawam (Set
Public Hearing Date— Suggest 4/17/07).
President Rheault—Any question on that public hearing? If not, we will be
receiving a copy of the map, I spoke with the mayor today,very soon. Betty if you would
that public hearing will be the 17'' of April.
Item 12. Any other matter that may legally come before the citescouncil
President Rheault—To my furthest left, Councilor Robert Young. Do you have
anything?
Councilor Young—Yes I was wondering if on the items under new business
2007-12 and 12A or 13A you had a termination on how many votes those will take? I '
know there is some,no clarity around how many votes certain things take any longer so I
would recommend one fore for those, since there are no rules.around such things but that
is just a suggestion.
President Rheault—Well one vote they are both different items. One is from one
budget, one is ... r
10
TR-2007-12
A RESOLUTION APPROPRIATING FROM THE COMMUNITY PRESERVATION
.FUND AND AUTHORIZING THE EXPENDITURE OF COMMUNITY
PRESERVATION FUNDS FOR THE CREATION, CONSTRUCTION AND
PRESERVATION OF LAND AS A PARK FOR RECREATIONAL USE ON PROPERTY
OWNED BY THE CITY OF AGAWAM AND'LOCATED ON SCHOOL STREET
Whereas, voters of Agawam chose to form a Community Preservation Committee, and
w Whereas, one of the committee's functions is related to providing recreation benefits to
the City and its residents; and
Whereas, a plan has been developed to create, construct and preserve said land as a park
for recreational use on property owned by the City on School Street; and
Whereas, the Community Preservation Committee has previously approved funds for
said purpose; and
Whereas,the project is in need of additional funds to be used to assist in the creation,
construction and preservation of said land as a park for recreational use; and
i
Whereas,there is strong community support for such use of funds from elected officials,
Whereas, the Community Preservation Committee has recommended appropriation and
expenditure in the amount of Three Hundred Ten Thousand and no/100 ($310,000.00)from
Fiscal Year 2007 from undesignated fund balance; and
Whereas, it is in the best interests of the public and the City of Agawam to appropriate
from the community preservation fund and authorize the expenditure of community preservation
funds for the creation, construction and preservation of land as a park for recreational use on
property owned by the City of Agawam located on School Street;
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, appropriates
and authorizes the expenditure of Community Preservation Funds in the amount of Three
Hundred Ten Thousand and no/100 ($310,000.00)from Fiscal Year 2007 from undesignated
fund balance for the creation, construction and preservation of land as a park for recreational use
on property owned by the City of Agawam and located on School Street.
THE AGAWAM TOWN COUNCIL hereby further resolves that the Mayor is authorized
to expend said funds, as permitted by law, and to do all things necessary for the purposes so
stated.
i
•
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
City Solicitor
Kim l fq , gsoc�i ofe
APPROVED AS TO APPROPRIATION
•
Qeryl St.46hn, Audi r
•
•
_ i
•
TR-2007-13
•
A RESOLUTION APPROPRIATING FROM THE COMMUNITY PRESERVATION
FUND AND AUTHORIZING THE EXPENDITURE OF COMMUNITY
PRESERVATION FUNDS FOR THE CREATION, CONSTRUCTION AND
PRESERVATION OF LAND AS A PARK FOR RECREATIONAL USE ON PROPERTY
• OWNED BY THE CITY OF AGAWAM AND LOCATED ON SCHOOL STREET
Whereas, voters of Agawam chose to form a Community Preservation Committee, and
• Whereas, one of the committee's functions is related to providing recreation benefits to
the City and its residents; and
Whereas, a plan has been developed to create, construct and.preserve said land as a park
for recreational use on property owned by the City on School Street; and
•
Whereas,the Community Preservation Committee has previously approved funds for
said purpose; and .
Whereas, the project is in need of additional funds to be used to assist in the creation,
• construction and preservation of said land as a park for recreational use; and
Whereas,there is strong community support for such use of funds from elected officials,
Ci o gawam ep men ea s, an rest en s o gawam; an
• Whereas, the Community Preservation Committee has recommended appropriation and
expenditure in the amount of Two Hundred Sixty-five Thousand and no/l00 ($265,000.00) from
Fiscal Year 2008 estimated revenue; and
Whereas, it is in the best interests of the public and the City of Agawam to appropriate
from the community preservation fund and authorize the expenditure of community preservation
• funds for the creation,construction and preservation of land as a'park for recreational use on
property owned by the City of Agawam located on School Street;
NOW THEREFORE,THE AGAWAM CITY COUNCIL hereby resolves, appropriates
and authorizes the expenditure of Community Preservation Funds in the amount of Two Hundred
• Sixty-five Thousand and no/100 ($265,000.00) from Fiscal Year 2008 estimated revenue for the
creation, construction and preservation of land as a park for recreational use on property owned
by the City of Agawam and located on School Street.
•
THE AGAWAM TOWN COUNCIL hereby further resolves that the Mayor is authorized
to expend said funds, as permitted by law, and to do all things necessary for the purposes so
stated.
d
•
•
PER ORDER OF THE AGAWAM CITY COUNCIL
•
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
City Solicitor APPROVED AS TO APPROPRIATION •
C eryl St. J , Auditor
•
•
•
•
•
Councilor Young—Readings, sorry. Number of readings. Again those again I
think fairly critical to all of us.I would recommend to the group that we try to again I
• think one reading, these things have been around for quite a while.
President Rheault—Yes they should appear on here.Next agenda is gonna be the
first reading.
• Councilor Young—You don't know if its 2 or 3?Well I think there was a ruling it
was always one and then some things get two we have no clarity in the rules, I was just a
suggestion, I don't know what your ruling will be, which you will empower to me but I
am lobbying for one, but that's all I am...
• President Rheault—One reading? I'll take your lobbying under consideration.
Councilor Young—Thank you.
President Rheault—Majority of the council 6 votes. Councilor Rossi.
Councilor Rossi—Nothing.
President Rheault—Councilor Simpson.
Councilor Simpson—Thank you. Two quick things. I am not sure who to address
• this to or if we can get some clarification. I did have a couple of comments from people I
believe after this storm probably the one and only big storm we had this year that people
were given violation tickets for not clearing their sidewalks and a couple of questions
were raised to me and'I received them today and I did not have time to quick look in the
code book but the questions that were asked#1 is there a time frame for clearing your
• sidewalk?Are you given 24, 48, 72 hours or whatever to get it cleared and#2 is it legal
to put these into the U.S. mail boxes, because supposedly technically there is a law that
those are to be used only for mail and nothing else. So I don't know if we can get a
clarification through the chair from someone on..
President Rheault—You mean the tickets were put in the mailbox?
Councilor Simpson—Put in the mailbox right.
President Rheault—I don't think that's right. Well'Betty would you take a note on
that and please clarify with next door plus Jack Stone.
Councilor Simpson—And a clarification too on the time frame for getting.your
snow cleared.And the other thing is this particular person in town has asked me a few
times, I've kind if looked into things on my own but haven't really come up with a lot
and once again where we could direct it to. And the issue lately and this person next to
me again because of a thing that occurred, as we all know the Pennysaver that's delivered
to everybody's yard, which usually they just toss them into your yard and a large majority
• 11
y
•
of the people don't pick them up and I they just kind of sit our there and in the Fall they
get covered with the leaves and in the Winter they get covered with the snow. And they •
were saying is this something that the town has any control over saying that if they are
gonna deliver to our town that they must put something on boxes you know the paper,
regular paper does to hook them on and the reason this person brought it up to me again
was I guess I believe its on North West St. they had some flooding and it was due to the
fact that all the Pennysavers had gone down and clogged up the drain. So we had DPW
people out there unclogging and breaking up because it was a large majority of these blue
bags down there. So I guess I know at one point I had called it was a few years ago and a
few of my neighbors had a saying, the response I had gotten from the newspaper at that
time was we have the right to deliver to your town and deliver however we want. But I
don't know where that line comes to, do we want to have to spend extra money for DPW
crews to get called out in the middle of the night to unclog stuff because the newspaper is •
clogging it up. Its different when there is ice jams or what not and its becoming an
eyesore and littering. So I don't know from a town or a legal standpoint if there is
anything that we can do for a business like that saying if you want to deliver in our town
you have to make the appropriate...
•
President Rheault—I will find out.
Councilor Simpson—01,thank you very much and that was it.
President Rheault— Councilor Bitzas.
Councilor Bitzas—Thank you Mr. President. One thing. I was very happy last
week, last Monday the CPA finally they approve $600,000 for the School St. project. We
have four members already here sitting in the audience and I like to thank them. I think
the full committee as a job well done. I was not able to make the meeting, the previous •
one we discussed that, very important project the School park. And I hope this council ...
and see and ask questions before the next meeting about the two splits of the money. And
the importance of the money I think it's the best money can spend for this project.
Whatever happened to the money we have with the CPA information from the CPA and
taxpayer's 1% surcharge and the state matching funds, this is the best project that every
single member in this town will benefit. Children, young, any age and older ages also. It
will be another jewel to our town and I hope the full council unanimously support the
project. Thank you.
President Rheault—Thank you, Councilor Carr Bitzas.
Councilor Carr Bitzas—I think that people, I remember when I first saw the
article in the paper is when I first ran for council on the preservation committee and I
thought it was a great idea right at that time and I supported it right through. And I think
the people at home see that this park is coming, may come to fruition in the near future. I
think it ought to do their heart good to know that their donations went towards having it
done. So as far as I am concerned I don't mind paying it 1% of my taxes if it helps to do
12 •
r
things for the community and I think most other people feel the same way. I think when it
comes up time for a vote again we will find that it will happen.
•
President Rheault—Councilor Perry.
Councilor Perry—Nothing this evening,thanks.
President Rheault—Councilor Letellier.
Councilor Letellier.--Just a couple of things. When we do get that zoning map I
will call a zoning committee meeting. I like to be able to coordinate it with the re-
scheduling of the zone change meeting for Mushy's but I don't know timing wise if that
is going to be possible or not. I went to the Community Preservation Act Committee at 7
o'clock last Monday and apparently it started at 6. I had called the vice chairman to
confirm the time and place, he didn't call me back. Nonetheless Henry Kozloski was nice
enough to say for about an hour and fill me in what happened at the meeting. So and I
agree I think the CPA is probably one of the best things to come down the road from the
state in a long time. And I think the way our town is using is it just really its exemplary
and so thanks again Henry, I thought I saw him.
President Rheault—He is there.
Councilor Letellier—Thanks again for staying an extra hour to fill me in thank
� you.
President Rheault—Councilor Mineo.
Councilor Mineo---I agree Agawam needs this park. We really need this park and
• we will have the funding for it. Hopefully within a couple of years hopefully we will
have it and be able to enjoy it. One other thing I would Iike to say is my condolences to
Ron LaRiviere and his family on the passing of his Mother. So I am really, really sorry
about that.
• President Rheault—Councilor Calabrese.
Councilor Calabrese—Thank you. Actually I happen to ask to have a finance
committee meeting with regard to TR-2007-12A and 13A.
# Councilor Letellier- ...spoke w/o microphone.
Councilor Calabrese—Thank you Councilor Letellier. Anyway we are going to go
ahead and scheduling that meeting. I am gonna find out where the venue is gonna be but I
think we agreed on Thursday next week at 7:00 p.m. My first choice would be to get the
• library that would be great. If not we will do it here at the middle school cafe. And I think
what will d6...
• 13
President Rheault—Cafe?
Councilor Calabrese—Cafd. Cafeteria.
President Rheault—I'll drink to that.
Councilor Calabrese—And piggy back with your permission that other item TOR- �
2007-3 with regard to our city council president's ordinance so that we can have one
finance committee meeting and take care of those three items of agenda.
President Rheault—Thank you. Councilor Magovern.
Councilor Magovern--I just like to say thank you to all of those that marched in !
our parade on Sunday. It was a rather brisk day yesterday but we had CeCe Calabrese
Councilor,myself, Mayor Cohen and Richard Theroux and we represented the town well.
Although we might have been small in numbers we did march and the St. Patrick's
parade committee is to be congratulated., they did an absolutely, outstanding, spectacular,
phenomenal job, the float was beautiful and it got a second.price. The colleens were •
beautiful, we had the best colleens in the entire parade and the float came in second, this
goes to all the hard work it takes to put it together. But it was a great day for the Irish.
That's really all I've got for this evening, except I also like to echo my sympathy to
Ronald LaRiviere for the passing of his Mother. She's been in and out of the hospital for
the past several months and Ron has been a dutiful son and has done what he could !
possibly do to ease his Mother's suffering and again did a great job. I am very,very
sorry.
President Rheault--The Agawam band did a great job as well.
Councilor(?j—Everybody, everybody.
President Rheault—Well I didn't want to let them out or be forgotten, The
decision has been made Councilor Young, it will be one reading and 6 votes. I have
nothing else. Thank you very much, good evening. !
Item Adiournment
President Rheault—Move to adjourn. Moved by the council to adjourn, seconded
by the council. All those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed? Thank you and good evening. !
Adjourned at 8:15 P.M.
Respectfully submitted
Ursula Retzler, Clerk of the Council
14 !