CC MTG MINUTES MAY 7 2007• 4
REGULAR MEETING OF THE AGAWAM CITY COUNCIL May 7, 2007
President Rheault—Good evening ladies and gentlemen, welcome to the council
meeting of May 7 h. We have a few citizens wishing to address the council this evening.
For those who may not have spoken before you have 5 minutes from the time you come
to the microphone. If you would state your name and address for the record please and
• the clock starts ticking when you start speaking.
Item 1.Citizen's Si)eak Time
President Rheault—First one I have is Larry Liton and I believe the button needs
to be put on so the microphone becomes loud, alive. There is a button on top there Larry
• if you can see it. If you would just turn so it carries.
Larry Liton—For address we can just put the park and the president Six Flag New
England and the park address is 1623 Main St, in Agawam. First thing I want to do is
thank the ladies and gentlemen of the council for allowing me to speak tonight. 1, actually
• what I am here to speak to is new business, so I may be premature and ahead of myself
but I was very exited when I saw that the, first I heard about it that it had been in the
paper then the chamber sends out the minutes when it has meetings and I was very
pleased and exited to see that you were going to, that the mayor put in front of you a
proposal to amend the zoning ordinance by adding ah, ah I would just encourage the
r council in the best interest of the town of Agawam to put forth every effort to forward
this on to the city planning board. I know you got certain protocol and things you do. I
would even be grateful if you would suspend that rule of protocol and vote the petition on
to the city planning this evening. If that's not possible I understand but its something
that's incredible important to us. We have great concerns and I expressed that I think to
• most of you individually and certainly as a company as far as the safety of the people that
are parking across the street from the park and then going across the street as there is no
sidewalk, there is no real safe way to get up to the overpath that we put in. So I am here
to do what you can. Expedite this process, get it in front of the planning 1 oard, get the
public hearings out there and then get it back in front of you and then I am hoping in your
. wisdom you see the value in it. I think it's a fair deal, it's a safe proposal. Its good for the
town of Agawam and for the citizens of Agawam, particularly as it relates to safety. 1,
every day that we are open I am afraid that someone is gonna get hit by a car and I don't
want to see that happen to anyone particularly in the what we call the shoulder months
where it gets dark earlier and there is people walking up and down. There are a few
individuals, unfortunately, that kind of thumb their nose at the existing ordinance and
ID zoning and continue to park people across there and it just scares us. Worst thing it could
happen to us and it wouldn't do the town of Agawam any good either to have someone
hit and killed by a car out there. So again if I am premature, I apologize but I wanted to
make sure everyone knew how I felt about it and I ask for your assistance in moving it
through.
•
President Rheault—Thank you. Joe Wandolowski.
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Joe Wandolowski, 1623 Main St. --The reason I am here I saw under new
• business about the arcade licenses. We, since our inspection from Det. Brown from the
Agawam PD we actually changed our vendors. We went from a company called
Cleveland Coin out of Ohio to a company called Monduce out of New Jersey, let me just
double check on it, yes out of New Jersey,that is in New Jersey. So I just wanted to make
sure you guys were aware that we are changing vendors. In fact it just happened recently,
so I just wanted to let you know that as it pertains to the licenses that we are looking to
change the name of the company that owns the equipment and that there may be some
additional changes forthcoming in terms of new product, new video games and
redemption equipment and that's all I have, thank you.
President Rheault—Thank you. Chris Kiddy.
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Chris Kiddy, 15 Peros Dr. And I am here today to represent a group that's been
under a little bit of scrutiny in the Agawam Advertiser lately. I am a pet owner,dog
owner and I have recognized several Agawam residents visiting Granby, CT. And I am
not sure if you are aware of the fact that Granby, CT actually has a dog park, specifically
for dogs, not for children. I am also a parent and a number of times we have been on the
baseball field and had an accident. Also on the bike path I am sure you are all aware that
issue is going on with dogs leaving their, leaving their dressings behind and owners being
unfortunately irresponsible. However, I would like to put forth a request to have a dog
park implemented in Agawam. I noted there is a new park going on on South St. and if
• possible if there was an area left over for the dogs, this way people who physically cannot
get out and exercise their dog can bring them there in a safe environment, a gated
environment,where they can socialize with other animals so they won't become
aggressive and so they will be able to have those skills able to be adopted later on if
something did happen to their owners. Also it just opens a wide aspect for dog owners,
for pet owners that, they don't have to walk their dogs strictly in the woods, in the snow,
which can be a very dangerous situation. You don't have to walk the dog on the dog park,
I am sorry, on the dog, on the bike path ...onto children and other animals that are
coming up against them. So I just wanted to put forth that request. I did have a petition
signed this weekend with 20 names just in 2 days and I hope you tape it under
consideration. Thank you.
•
President Rheault—Thank you.
Item 2.Roll Call
• Seven members were present, four absent (Coun. Carr Bitzas, Letellier,
Calabrese, Young).
President Rheault—7 present, 4 absent we have a quorum.. Councilor Letellier
will not be in attendance, she is on vacation. Councilor Carr Bitzas is also. Councilor
• Young is out of town and Councilor Calabrese called, I believe she told me she broke the
lower part of her leg. So she sounded in good spirits.
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Ray Moreau--All set.
• President Rheault—You may want to shut that one off Ray.
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 ,_Regular Council Meeting of 4/2/07
President Rheault—Moved by Councilor Simpson, seconded by Councilor Bitzas.
• Any corrections or additions?No, voice vote is sufficient, all those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed? Unanimous.
•
Item 4.Minutes—Regular Council Meeting of 4/17/07
President Rheault—Moved by Councilor Simpson, seconded by Councilor Bitzas.
Any further discussion? Corrections? If not voice vote is sufficient, all those in favor?
• VOICE VOTE—Unanimous.
President Rheault— Opposed? Unanimous.
Item 5.Declaration from Council President
•
None.
Item G.Presentation of Petitions,Memorials & Remonstrances
(a) Resolutions
• None.
Item 7.Report of Council Committees
None.
•
Item 8.Elections
(a)
1. TE-2007-6.Re-election of a member of the CPAC for a term to eLpire
April 30 2010 Louis Russo).
•
President Rheault—The re-election is for Mr. Russo. I see he is in the audience.
Did you want to address the council or that's fine?
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Councilor Perry—So moved; seconded by Councilor Simpson.
President Rheault—Moved by, I am sorry, Councilor Perry, seconded by
Councilor Simpson. Any discussion on Mr. Russo. He has served very well. Voice vote is
sufficient on that. All those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed?Unanimous. Congratulations Lou.
Item 8.2_ TE-2007-7-Election of a_member to the CPAC for an unexpired term,
expiring April 30, 2008 (Historical Comm.—Richard.Bennett.
President Rheault--That's Richard Bennett and I don't know if Mr. Bennett is out
there. I don't see him. If not the historical commission rep. needs a representative on that
board and that's where that name came from recommended by Mr. Cecchi. Moved by
Councilor Bitzas, seconded by Councilor Magovern. Any further discussion on that? If
not all those in favor?
VOICE VOTE—Unanimous.
President Rheault-Opposed?Unanimous.
Item 9. Public Hearings
(a) —
1. PH-2007-4-(TOR-2007-4)(ZC-2007-4)-Newly Prepared Zoning Map for
the Town of Agawam (Ref. to Zoning Comm. on 4/17/07)(Continue Public Hearing from
4/17/07).
President Rheault—And we continue the public hearing. We have, public hearing
is now continued. We have a positive recommendation from the planning board on it and
a presentation of the new map including the overlay district, which was requested, The
• unfortunate part is that it takes 8 votes to adopt it, so we can either close the public
hearing, continue it, what is the council's pleasure?
Councilor Bitzas—I think we should continue.
President Rheault—Continue till the next meeting? Alright we'll continue the
public hearing till the next meeting. If you're in favor for that vote yes, if not vote no,
clerk please call the roll.
ROLL CALL—6 YES, 1 NI (Coun. Simpson), 4 ABSENT (Coup. Calabrese, Carr
Bitzas, Letellier, Young).
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President Rheault--6 yes, 4 no, 1 absent you have voted to continue the public
• hearing.
Item9.2 PH-2007-3-(ZC-2007-3)-Zone Change=to include the Property known as
Rear Main St., Aga., MA in the Wireless Telecommunications Overlay District as
submitted by Mushy's Golf Center LLC (Continue Public Hearing from 3/19/07).
• President Rheault—That public hearing is in continuation and its now open and I
see representative Attny. Johnson. Quick question did you receive my message
counselor?
Attorney Johnson--Yes thank you. Good evening Mr. President, members of the
• council. Given the fact that there is only 7 members of the council present, would it make
sense to continue the public hearing. There is a somewhat lengthy presentation and it
probably makes more sense to give it when more members of the council are present. Part
of the difficulty we had with the planning board was going to one meeting and having
only three members show up. Going to the next meeting and having 3 members show up,
• although be it two different from the first meeting. So its, we would ask you to continue it
to your next meeting. Hopefully at that point at least there will be enough councilors
present to take a vote and rather than you know give the presentation tonight and then
potentially have to give it again at your next meeting,it might make more sense to table.
. Councilor Bitzas—Makes sense, I think its fair. I make a motion to continue the
public hearing.
President Rheault—Moved by Councilor Bitzas to continue the public hearing,
seconded by Councilor Magovem. Any discussion from the council? Well all those in
favor of continuing the public hearing vote yes, if not vote no, clerk please call the roll.
•
ROLL CALL —7 YES, 4 ABSENT (Coup. Calabrese, Carr Bitzas, Letellier, Young).
President Rheault—7 yes and 4 absent we continued the public hearing until the
next meeting.
•
Attorney Johnson—Thank you.
Item 10. Old Business
(a)
1. TOR-2007-3-An Ordinance to Amend Ch. 49-7 of the Code of the
Town of Agawam (Sponsored by Council President Donald M. Rheault)
Readin (Ref. to„Finance and Ordin. Comm. on 4/17/07)(Tabled on 4/17/07)..
President Rheault—The item is on the table. I entertain a motion to take it off.
Councilor Rossi— So moved.
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President Rheault—Moved by Councilor Simpson, seconded by Councilor Bitzas.
All those in favor of removing it from the table?
•
VOICE VOTE—Unanimous.
President Rheault—The language was, did not get into the package, packet of the
council [was never received by council clerk even after repeatedly asking for it] and it is
• my recommendation that we remove the item from the agenda because that language is
not pertinent to what our goal is to accomplish anyways.
Councilor Magovern— So moved.
• President Rheault—Moved by Councilor Magovern to remove it.
Councilor Perry—Second.
President Rheault- Seconded by Councilor Rossi. Any discussion on removing?
If not all those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed?Item is off the agenda.
• Item 10.2 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. Pejg)(Ref, to Ordin. Comm. on 4/17/07)(Ist Readies.
President Rheault—Moved by Councilor Bitzas, seconded by Councilor Perry.
• The first reading as attached. (Please see attached). Councilor Perry I am sorry.
Councilor Perry—I am assuming it would take 8 votes also for this to pass.
President Rheault—That's correct.
•
Councilor Perry—So I would make a motion to table; seconded by Councilor
Magovern.
President Rheault—Moved to table till the next meeting, seconded by Councilor
Magovern. All those in favor?
VOICE VOTE—Unanimous.
President Rheault—Opposed? Item is tabled.
Councilor Bitzas—Mr. President.
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TOR-2007- S
1 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF
AGAWAM, CHAPTER 180 ARTICALE VM SECTION 180-44-E9
ALLOWED GALLONS OF GASOLIE STORAGE.
(SPONSORED BY COUNCILOR DENNIS J, PERRY)
WHEREAS, The code of the town of Agawam chapter 180 article VIII
section 180-44-E currently states that the maximum allowed storage_ of
gasoline on premises is 30,000; and
VkMREAS, Due to changing times, the nature of gasoline filling stations
and self-service stations have changed; and
i WHEREAS, The majority of these service stations have multiple uses, i.e.
Fast Food services, Groceries, ATM Services, Lottery, and Drive thru
Services; and
• _ WI REAS, The location-of many of these stations are in heavy traffic
area's; and
WHEREAS, Due to fluctuating gas prices, demand of gasoline at these
multi-purpose stations has increased; and
•
WHEREAS, Due to this increase in demand, tanker truck deliveries to these
locations has increased; and
i WHEREAS, Increasing the maximum amount of gasoline storage at these
locations would reduce the number of tanked truck deliveries; and
WHEREAS, By reducing the number of deliveries to these locations would
greatly reduce the potential of traffic problem and possible accidents.
i
NOW THEREFORE the Agawam City Council hereby amends that the code
of the Town of Agawam Article VIR, section 180-44-E be changed from:
"Provided that not more than 30,000 gallons of gasoline shall be stored on
i the premises." To: "Provided that not more than 50,000 gallons of gasoline
shall be stored on the premises".
•
DATED 'I'MS------------------- SAY QF---------------------
--2007 .
PER ORDER OF THE AGAWAM CITY COUNCIL.
Donald M. Rheau t, President
! APP ED AS T FGRM AND LEGALITY
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Vibc-ent' Ft ioscia, Solicitor
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President Rheault—Councilor Bitzas.
Councilor Bitzas—Point of Information. We have them speaking before from Six
Flags and they requested to suspend the rules and put under new business. You are not
gonna vote yes or no tonight anyways so we can send it to the planning board and I
believe because no vote taken place today just only a gesture and I think to win a couple
of weeks and let the planning board start working for it and I believe it should be good
• idea to act this under new business, under old business.
President Rheault—Its automatically going to go to old business.
Councilor Bitzas—Mean that we send recommendation, suspend the rules to put
# it.
President Rheault—I don't think we need to suspend the rules, its gonna go over
to the .
Councilor Bitzas--Planning board.
President Rheault—planning board anyways.
Councilor Bitzas—That's fine.
Item 11. New Business
(a)
1. TO-2007-12-Application for sixty-nine (69) automatic amusement
devices for Six Flags New England, 1623 Main Street,Agawam,MA
• President Rheault—Next agenda.
Councilor Simpson-Point of Information Council President,thank you. Just
quickly, a gentleman from Six Flags got up and spoke about this saying that they are
going to have new vendors. I don't even know if we should do this. How much of all this
• is gonna change, if this should just be withdrawn and they come forth with a new
proposal.
President Rheault—Does vendors have a bearing on..
• Councilor Simpson—Well it would if it changed the games and what not of what
was gonna be.
President Rheault—Is he still here? Yes.
. Councilor Rossi—Move to go into committee as a whole; seconded by Councilor
Perry.
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President Rheault—Don't know to address the question to whom.
• Councilor Rossi—You're gonna go into committee as a whole?
Councilor(?)—We have to...
Councilor Rossi—Mr. President.
Councilor Simpson--I mean if you don't want to I mean its usually not done at
this time, I mean I can speak to him afterwards, I mean its up to council's..
President Rheault—No,well its gonna go to next agenda either tabled or..
Councilor Magovem—Just put it to the next.
Councilor Simpson—Alright, well you know what? Can you stick around till the
end of the meeting? O.k,. never mind then we'll just deal with it. Thank you.
President Rheault—Otherwise we will have to suspend the rules.
Item 11.2_ TOR-2007-6-An Ordinance to Amend the Code of the Town of Agawam
Zoninp, Ordinance by Addina a New Article XVIII "TemRorary Parking." Mayor).
• President Rheault—It should go to the zoning and ordinance committee first and
it will automatically go over to the ...
Councilor Bitzas—Do we have to recommend to vote in favor to send to the
planning board to be a petitioner?We have to act somehow.
•
President Rheault—We are, that's right.
Councilor Bitzas—So we can act now so we can send it, so we can suspend the
rules to act now and be all set Mr. President.
•
President Rheault—Entertain a motion.
Councilor Bitzas—So moved.
• President Rheault—To? Complete it.
Councilor Bitzas—To send to let the planning board be the petitioner and send
recommendation to the city council.
President Rheault—The planning board is going to be the petitioner.
Councilor Magovern- ...spoke w/o microphone.
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Councilor Bitzas—Planning board is the same thing.
President Rheault—Do we have a second?
Councilor Magovern-I'll second it.
President Rheault— Well what are you looking at, because I don't have it. Oh yes.
Councilor Perry—Point of Privilege.
President Rheault—Go ahead.
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Councilor Perry—Mr. President can I ask for a two minute recess please?
President Rheault— Yes, council stands in recess for 2 minutes.
# Councilor Perry—Thank you.
RECESS AT 7:50 P.M.
President Rheault—The item will go to the ordinance and zoning committee for
their procedure.
Item 1,1.3 TR-2007-14-A Resolution Confirming the Reatmointment of Priscilla D.
Peterson 51 Monroe St. Aga., MA to the Agawam Veterans' Council to a Term
Expiripg April 1, 2009(Mayor).
i President Rheault--That will go to the next agenda.
Item 11.4 TO-2007-13-Renewal of Junk Dealer Licenses: John Rosari d/b/a John's
Trucking of Agawam_Inc. 415 Silver Sty Aga., MA; and_T's Jeweler-Zinovy G.
Tokman, 559 Springfield St.,_FH MA.
•
President Rheault—Next agenda.
Item 12. Any other matter that mu legally come before the city council
i President Rheault—I'll start to my furthest right, Councilor Perry.
Councilor Perry—Nothing this evening, thank you.
President Rheault—Councilor Mineo.
! Councilor Mineo—Nothing tonight.
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President Rheault—Councilor Magovern.
Councilor Magovern—Nothing.
President Rheault—Furthest right,Councilor Rossi.
Councilor Rossi—I have nothing this evening.
•
President Rheault-- Councilor Simpson,
Councilor Simpson—Nothing thank you.
President Rheault—Councilor Bitzas.
Councilor Bitzas—Nothing tonight.
President Rheault-What was that Councilor Bitzas?
Councilor Bitzas—I follow everybody, nothing tonight,thank you.
President Rheault—And there is absolutely nothing from me.
• Item Adjournment
President Rheault—I now entertain a motion to adjourn.
Councilor Perry—So moved.
• President Rheault—Moved by the council; seconded by the council. All those in
favor?
VOICE VOTE—Unanimous.
President Rheault—Thank you very much and good evening.
Adjourned at 7:50 P.M.
Respectfully submitted
Ursula Retzler
Clerk of the Council
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