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CC MTG MINUTES NOVEMBER 19 2007 6PPI, JZ10,7 REGULAR COUNCIL MEETING OF THE AGAWAM CITY COUNCIL • NOVEMBER 19, 2007 President Rheault—Good evening ladies and gentlemen. Welcome to the City Council ! Meeting of November I grn Item 1. Citizen's Sneak Time President Rheault-We have a couple of citizens wishing to address the Council this evening,the first being Larry Litton. Larry Litton--Good evening everyone. I've been out of town for three weeks. I missed the last meeting, I apologize. Uh, Larry Litton, 1623 Main Street, Agawam, Park President for Six Flags New England. I hope you pay attention `cuz I'm not gonna say what you think I'm gonna say. I am here uh, to tell you that I know you're moving on repealing the Parking Ordinance tonight and uh, I hope you do just that. I uh, it has caused such polarization in this city. It has caused so much heartache and grief. I certainly don't apologize for my intentions when I brought it to this board, to the town. But obviously it's done far more harm than good and I do regret that. Uh, I hope you repeal it and I hope what happens is when the new administration comes in, uh, there can • be some cooperation between this body and the city government that I think has been sorely lacking since I came into Agawam. And, uh,that's what I think is uh, uh,has been clearly missing and is genuinely needed and I'm hoping that uh,this election resolves that issue. I've said over and over again at these meetings,that I've met and talked to each of you individually and I find you all to be very intelligent human beings. You all • seem well intended in wanting what's best for Agawam to happen and uh and I hope that continues. I hope the new administration is able to work better with you than the old one seemed to be able to and that uh, not just uh,my issue but many of the issues uh,that the town faces are able to resolve and there's not so much uh, pushing and shoving against each other. And there's a new cooperation. I was out of town during the elections uh, • but clearly the town made it obvious to the people on this board and to the people down at City Hall that they wanted to see a change and I hope that the change that they see is these two uh, groups, the Board and the Administration working together to solve not just my issue but the many issues in town. So I thank you for all the times you've humored me. I hope that uh, my appearances are less frequent going forward and when I see you it's under different circumstance and I uh, wish you all good luck in 2008 and hopefully we can make the town of Agawam better because that's what I've always wanted and I think that's what you all have always wanted. So thank you for Iistening. President Rheault—Thank you, Larry. Susan Dawson. • Susan Dawson—Good evening. I'm Susan Dawson. I live at 21 Alexander Drive in Agawam. I'm here tonight also about the Parking Ordinance and I must say,we have come a long way on this Parking Ordinance and I really believe that it's exciting to have • an opportunity to work with the Council and to talk to you about please repealing this ! Ordinance. I believe after uh, being at the Planning Board meeting last week and Mr. Rossi, you did a fabulous job speaking to them and addressing these issues and I'd like to thank you for that. I think the rest of you might not have been able to be there and there were several of you there. But you are well represented by the people who are seated on this Council. So thank you again. I also want to say that in repealing this, we will look at safety issues but we're gonna look at town wide safety issues and not just about picking ! things that are quick, spur of the moment and could cause great detriment to other people in our town. So I thank you for hearing from me again and I hope I won't have to come back here again on this issue. Thank you and have a great evening. Congratulations to all of you. ! Item 2. Roll Call President Rheault—Thank you. Clerk please call the roll. ROLL CALL— 11 Present. President Rheault--Eleven present. We have a full quorum. We also welcome our two newly-elected councilors, Jill Messick and Paul Cavallo, Item 3. Moment of Silence and the Pledge of Allegiance President Rheault—Please rise for a moment of silence and Pledge of Allegiance. Item 4. Minutes ! (a) Regular Council Minutes—November 7,2007 President Rheault—Moved by Councilor Simpson, seconded by Councilor Carr Bitzas. Any discussions, questions, corrections? If not, voice vote is sufficient. All those in favor? Opposed? • VOICE VOTE—Unanimous. Item S. Declaration from Council President None. • Item 6. Presentation of Petitions, Memorials&Remonstrances 1. TR-2007-38 -A Resolution to Enter into a Tax Increment Financing Agreement for Prove Located at G3 Springfield Street Agawam, MA. as attached • President Rheault-•Councilor Calabrese moved it, seconded by Councilor Letellier. Any discussion on this? Do you want to... • Councilor Calabrese-Um, I actually delivered my report in writing before the last minute, uh, before the last meeting which you all should have had a copy of that. And um, if there is need to go into Committee as a whole,there are people here that can answer any other questions that might be lingering on this matter. Thank you. • President Rheault—Are there any other questions from the Council? If not...I'm sorry, Councilor Perry? Councilor Perry —Yes,thank you, Mr. President. Uh, I guess through the Chair to • Chairman Calabrese, um,this is a five year agreement? Councilor Calabrese - Yes. Councilor Perry - ...which is going to reduce the taxes by 50% of the assessed value according to the sheet that we received in our packet? Councilor Calabrese- Um, what that is going to be doing is it's actually going to be spreading the tax burden out over a five year period and if it's appropriate perhaps we should make a motion to go into Committee as a Whole? President Rheault—Entertain a motion. Moved? Did you move it? Moved by Councilor Calabrese, seconded by Councilor Bitzas to go into Committee as a Whole. All those in favor? Opposed? We're now in Committee. Councilor Calabrese-I believe we have someone in the audience. Pam Malumphey and Debbie Dachos? Pam Malumphrey—Hi. I'm Pam Malumphey. I'm the Regional Director for the Mass. Office of Business Development and um, I think I've met all of you. And so, we are the office that manages the economic incentive program which is part of what you're looking • at tonight as the Tax Incremental Financing. So, Councilor Perry? Councilor Perry—Yes, thank you. Thank you Pamela. Through the Chair,um, in looking at it, it showing the tax reduction that's spread over five years on the assessed current value? Or the potential value of the property? • Pam Malumphey- It's the potential value of the property and I never like to think of this in any way as a reduction and because this is often a misconception on the part of many many folks in terms of tax incremental financing. The City is going to continue to receive what it's always received in taxes on the property and this is,as all of you know, • this is a property where there's been some difficulty in recruiting businesses and yet, Mr. Sander has continued to pay those taxes. What you're doing is he's now making an investment and his property value is going to increase therefore his taxes are going to • • increase. What you're saying is we're thankful for that investment and we're willing to • look at that incremental increase in your taxes and phase it in over a period of years. But he is going to, as he always has, even when there's been no tenants there, continue to pay the face value on those taxes. And incrementally over years,phase in that increase. Councilor Perry—Okay, so he, so basically what he's paying now is what he will be paying next year in taxes with the new business in there. • Pam Malumphey - Yes, um, although and I would have to be refreshed in terms of the actual terms of the agreement. it's not unusual with tax incremental financing. What does happen, the investment is made, the first year often times, towns will say, don't pay any increase at all because we know that you've just put out a lot of money to invest in • this business, in this area, so for the first year of paying taxes as you always have. In year two, what we'd like you to do, is to pay maybe 20% of that incremental increase. By the year three,we'd like you to pay 40%of that increase, ON TOP of the base that you've always paid. So that in a period of with this package, the tax incremental uh, financing package,the program cannot be less than five years and it can't be more than twenty. So that what a town decides is that somewhere in between, it can be seven years, it can be twelve years, we'll allow this business who is investing in our community um, and you all have designated this area as an exceptional opportunity area which is sent to the state because you had to argue to the State to have this happen, um, and they agreed with you. They said we understand what you're trying to do, you're trying to bring investment into • an area where you've had tough times getting investment. And now we have Mr. Sander and you have Steve & Barry's coming in with that investment and essentially it's your way of saying thank you. Thank you for always having paid taxes on a property that was a tough property, now you're making additional investments to get a good business in there so we'll let you pay your taxes as you always have but knowing that you're taxes are gonna increase, we'll let you pay that increase over time. • Councilor Perry—Okay. Another questions in regards to this going into this contract, um,we all know that the first few years of a new business are essential to maintain to be successful. If this business, God-forbid, fails within two years, what happens to the tax incentive at that point? • Pam Malumphey—That's basically something for you and Mr. Sander to negotiate. It's not often quite frankly, that that happens. The bigger issue from a state perspective when that does happen, is that in other towns that have the ability to do the designation that you -had to apply a special um, application to the state to get this exceptional opportunity area, • there's other towns that have, already have the designation so they can be designating areas all over their Mown and be making these agreements with different companies. What happens in those cases is the state comes in and offers what are called investment tax credits. The state at that point becomes very concerned about those investment tax credits because they're coming from the state, but they allow the agreement between the • company and the town to remain between the company and the town, so if something happens, it's between you and Mr. Sander. And I'm sure that there's probably clauses within the agreement that speak to that. ,And I'll let Debbie... • ! • Debbie Dachos--Um, you all.have before you the TIF that was discussed with Mr. Sander and the acting um, the present Mayor and there is a clause in there that says that the lease is for a...TIF agreement ...at that point. Councilor Perry—I just wanted to make sure that it was clear. • Debbie Dachos--And Chet's here to talk about the specifics of the agreement if you want him to come forward on that, Councilor Perry—Nope, that's okay. There was just a couple a basic questions that I had. Thank you. • President Rheault—And I, if I may, I believe the record uh, for the record, it's just for the Food Mart property itself,the rest of the buildings maintain the same tax integrity. Debbie Dachos--Uh, it's only for 42,000 square feet of the 69? 69,000 square feet. Um, if he were to lease the rest of his space, um tomorrow, this would not apply to that that space. President Rheault---Thanks. Any other questions? Chet you stood up for nothing. Did I invite you up? i Councilor Calabrese—I know the answer to this question, but I'll ask it so he can answer it. President Rheault—Okay. Do you want to put that light on Chet,please? • Councilor Calabrese-- Uh, Mr. Nicora, could you just explain to us that, uh, the actual years that this urn, TIF agreement is gonna be in place? This fiscal years, when it's gonna start and end. Chet Nicora— Right uh, it's important and I'm not sure if it was Debbie that explained it • but it's important you know that this agreement is tied to your TIF. If within two years anything goes wrong or...all bets are off and we're back to square one, Currently,the property um, which is known as the Food Mart building and it's at 63 and 79 SpringfieId Street, is assessed for$1,506,000.00. Your TIF agreement is gonna be based on fiscal year 2009. For the tax bill coming out in January, his taxes, the owner's taxes, will be ! based on that figure, $1,500,000.00. Um, I think this TIF agreement is important particularly with this building because, unfortunately, the value of that building is incurred in its state is coming down. It's not appreciating because it was gutted uh, there's no air conditioning, there's no bathrooms, so we really had nothing more than a shell. Um, when I looked at this TIF agreement and I gave um,Councilor Calabrese a • sketch, you probably all have it in front of you, that the part of the building that the TIF is gonna affect and that part only,is 42,042 square feet. The remainder of the 19,374 has nothing to do with the TIF. If any improvements are made to the 19,374 square feet, it's • 100% assessed. There's no breaks being given there at all. And part of this TIF agreement, what we're hoping for in some of the um, um conversations that went on, is • that we hope that the other 19,000 and the owner has indicated that he's had quite a few inquiries to rent the rest of the building predicate on the fact that there's an anchor tenant. And I'm sure you all know that any shopping center with an anchor tenant draws a Iot of other tenants. Those tenants,I'm assuming, are gonna go in at market rate. So we're gonna charge the full taxes as we would with any other building. What we're gonna be • doing for the fiscal year 2009 and because we're computerized, we're gonna have to generate what they call a 'hand commitment bill' for that particular property because the land, all the other areas, the canopy, the signs, anything that's put up along that building, is gonna be assessed at 100%.except for the 42,000 square feet which you have, is progressively gonna go up to the first year, only 20,um, I believe it's something like $20,000.00 will be added on. Now that.particular uh, section of that building,that section alone, when it's completely done, excuse me, um, will probably be assessed just that section alone, well over a million dollars. But because of the fact that we're having a TIF, we're bringing down the taxes over a period of time. In the uh, meeting we had with your finance committee, and it was divulged to us by the owner, in order to get this tenant in there, there had to be some concessions. And this is the purpose of a TIF is to help him along that first five years. After five years,all agreements are off;we're back to 100% assessment. And hopefully, within a year or less, we'll have the rest of that building completely filled up. So that's in general what we're doing here. Are we losing anything? Yes, but without this anchor tenant in there, if it's erected we could seriously • consider seeing that building deteriorate and deteriorate down to a point where our taxes are going down. At this point, we're not losing anymore. The 2008 assessment of $1,500,000.00,that's the base. 2009 it's going up a minimum in value to equate Steven's &Barry, if there's any other tenants in there,that's gonna go 100%of assessment. So it's not a bad deal for the town. i President Rhcault— Councilor ferry? Councilor Perry—Yes, thank you Mr. Chairman. Through the Chair, Chet, appreciate you coming this evening. • Chet Nicora—Not a problem. Councilor Perry—Um, so basically the TIF agreement is is the point of without this, that Steve & Barry's probably would not come to this location? Chet Nicora—Well, I can't, I can't say that. I don't know what the parameters are. All I know is that my conversation with the owner, and he was very candid with us at the Finance Committee meeting, he, he had to reduce the cost per square foot in order to get them into this particular shopping center. Now, if you, you know I can't say that it's not gonna fly but certainly it would have a great advantage to him to keep,keep that business there, by having that break. But you gotta remember, we're.starting at square one of $1,500,000. Next year,that 42,000 square feet,he's paying another $20,000.00 in real estate taxes as you will see on your sheet. Okay? Would it be more than that without the • • TIF? Absolutely. But hopefully, we're gonna offset that with the other 19, 374 square feet which day one, 100% assessment. • Councilor Perry—Right,but we still have to get people in there. Chet Nicora—Yes. Yes. But we got our fingers crossed. • Councilor Perry—Yes. I understand. Thank you. President Rheault—Councilor Letellier? Councilor Letellier—Yes, thank you. Um, do we know and Mr. Sander would know this, if there's been a change in Steve & Barry's coming to town? Someone told me that they're no longer listing.Agawam on their website as an open location. Someone asked me that tonight on my way here. I was at a fund raiser for an event and I was asked to ask. Chet Nicora—I'm sure he'll answer that... Councilor Letellier—Okay. Chet Nicora—I, I,just to add to that Gina, I want you to know that in another conversation, I talked with the Building Inspector and it's my understanding that they have taken out a Building Permit. Now that's information... Councilor Letellier—Okay. No I believe you guys. Somebody asked me to ask, so I said I would ask. Chet Nicora—That's been brought up,before and there were people working there, uh, very aggressively but unfortunately um,permits were in place like they should have been and so they had to withdraw from starting their work but it's my understanding that the permits have been taken out. Marcil,is that right? • Marcil Sander- .... President Rheault—Marcil, would you speak into the microphone please? Councilor Letellier—I'm sorry, Mr. Sanders, but when a constituent asks you a question, you gotta ask it to somebody else. Marcil Sander— It's okay. Um, what happen is the Plans and the Building Department and they supposed to send a check to get the permit and I assume by tomorrow, day after tomorrow, you have a crew down there of like fifteen/twenty people working again. • Councilor Letellier- Thank you, I'm sorry, but somebody asked me so I thought I'd ask. Thank you sir. Happy Thanksgiving to you and your wife. • • • Chet Nicora—Gina, the other thing we've got, you know the other thing we have, um, as a back up to all this is just to reiterate was,to what was being said, is that the lease is tied to this TIF. So,you know,no building permit,no occupancy, no building, no TIF. I mean it's as simple as that. So we're protected I think as far as that's concerned. Councilor Letellier—Thank you both very inuch. • President Rheault—Any other questions? If not, thank you Chet. Chet Nicora—You're welcome. • President Rhcault —And I entertain aMotion to come out of Committee? Moved by Councilor Simpson, seconded by Councilor Calabrese. All those in favor? Opposed? We're out of Committee. What's the Council's pleasure? Move the question by Councilor Simpson, seconded ...yes, discussion? Councilor Bitzas? • Councilor Bitzas—Yes, I believe it was a perception that this.Town Council and this town is business unfriendly and so wrong impression and we got to prove tonight that we're going to help the small businesses. I give a prayer to Mr. Sander or anybody else who comes here, I don't care what your name is or where you come from,to come to this town,take a depressed area for ten years, empty,to spend $600,000 00 to improve the area and I'd like to thank him and I think the Council would like to thank you too, and the town would like to thank you. And I think it's up to us to prove that we are care about the small businesses and if we, the town loses some money, in the Iong run, we gain a lot more. We need an anchor store to go to this area. That would help the rest of the store to come and also the other areas close by. So this is a good step, first step to the right directions, and I hope, and I believe the Council would give it helping hand. Thank you, Councilors. President Rheault—Thank you. Councilor Letellier? Councilor Letellier-- Yes, thank you. I, I agree with Councilor Bitzas. We know that • Mr. Sander's been very picky about the tenants that he's um, interviewed. He's told us he could have filled it with Dollar Stores so I think we all appreciate and thank him for, for his patience. And what Pm hoping is and I don't know if you remember Century Center in West Springfield before TJMaxx came there, it was disgusting. TJMaxx came in,the place filled up so I'm hoping he has that kind of success because that's good for • the whole town. So I thank him for his patience and and waiting out some of the lesser quality tenants. President Rheault— Councilor Mineo? Councilor Mineo I just wanted to say if we don't do this tonight I think that the area down there which is very blighted will just remain like that. So I'm in full support of it. I think it's uh, it is a move in the right direction and I'll be supporting it. • • President Rheault—Clerk, please call the roll. • Councilor Perry—Mr. President? President Rheault--I'm sorry. Councilor Perry? • Councilor Perry—I put it on a little bit too late. Sorry about that. President Rheault- It's all right. Councilor Perry—And I fully understand where everyone's coming from this evening • but I also have to take a different stand in regards to um, giving any type of tax reduction benefit uh, to any business in the small businesses in our community. We need to bring this type of business in to raise that type of tax revenue but there's a lot of businesses that have come in and invested a lot of money into our community without the benefits of tax relief. You look back to when Southgate Plaza was a ghost town after King's closed, Big Y moved out. There was no tax incentive granted there but it's developed into a nice little center down there. I think we have to think because we are setting precedence here in regards to issuing this type of tax benefit or reduction to any future plazas that may grow in our community. So we need to keep that in mind in our decision this evening. Thank you. • President Rheault-Councilor Rossi? Councilor Rossi—Yes,thank you. I, I think I can agree with Councilor Perry on that but I think that maybe we're off the track a little bit. In order to get this exemption or this deferment if you will, it's really not an abatement, it's just a deferment of taxes, you had • to qualify, the area had to qualify. And the Planning Department and the town officials had to go to great lengths in order to get this done. And the state had to qualify this area. The Southgate Plaza and other areas in town and I don't want to lead people to believe that this is gonna be like a spotty kind of thing throughout the town, because I don't believe that there are any other areas in this town that would actually qualify for this type • of program. I think it's a good program because I don't think I need to tell anybody here that uh,that that area has been depressed for a very very long time and we really need to do something. And it has some very unique circumstances; it really isn't conducive for a lot of larger companies to really come in there. So what we really need to do is get something going. We need to get the ball rolling. I think a program like this is gonna be very beneficial to us. I don't think that it will be a precedent setting where we're gonna have an outcry in the business community that we offered this uh, deferment in taxes and not in other areas. So I, 1 think that it's gonna be in the best interest of the town to go along with this and to get that area up and running and hopefully that this store is just the very beginning, that will allow us to get this area up and running and maybe we can do something with the other areas. And I happen to know that there are other parcels within that area that have also qualified for this program. So maybe this is just the very beginning, the tip of the iceberg, if you will, to get this, get that area back into shape. I, 1 0 think it's really a win situation for the community and I think that the business community will agree. • President Rheault—Councilor Carr Bitzas? Councilor Carr Bitzas —The Food Mart area has been let go for over ten years. The last two or three years, it looked like we might have a business come in to there and then they backed.out. Uh,this area is an area that you come over the bridge and what do you see? You see the area of the Food Mart shopping center, empty,totally empty. We need to fill it up and if a tax incentive is gonna help to do that, then I'm all for it. And I'll be voting in favor of it. Thank you. President Rheault—Thank you. Any others? If not, excuse me, will the Clerk please call the roll? ROLL CALL— 10 Yes, 1 No (Councilor Perry) President Rheault—Ten yes, one no. You've approved the Resolution. 2. TR-2007-39 - A Resolution Authorizing the Mayor to Execute a_M and all Documents pertaining to the Exercise of the City's Right of First Refusal Under Massachusetts General Laws Chapter 61A with regard to the Pro e Owned by Samantha Giuggio and Paul Bruno, Trustees of the Revocable Indenture Trust of Joyce A. Im oco which is located at 236 North Westfield Street Feeding Hills,Hambden County,Massachusetts, consisting of approximately 16.30 acres. President Rheault—I'm sorry, who? Moved by Councilor Simpson, seconded by Councilor Bitzas. I almost said Carmen. The recommendation is to vote no on this ! because we have no interest to pursue the existing property, Is there any discussion on this? If not, Clerk, please call the roll. ROLL CALL— 11 No. President Rheault—Eleven no. We will not exercise that right of refusal. Item 7. Report of Council Committees None, Item S. Elections None. i ftem_9. Public He i 1. PH-2007-12 (TO-2007-30) - Public Hearing to Amend the Code of the Town of Agawam zoning Ordinances by Deleting and Repealing "Temporary Parking" (TOR 2007-6) (Second Reading with revisions) Cont'd from 11/7/07) President Rheault—Public hearing is now being continued. It was opened at the last i meeting. Are there any further citizens wishing to address the Council in favor of this Ordinance? Anyone who'd like to speak up against it? Anyone who'd like to be recorded in favor only? To be recorded against? Any questions from the Council before I close it? I now declare the public hearing closed. What's the Council's pleasure? I think Councilor Rossi has the proper language. Moved by Councilor Rossi, seconded by Councilor Bitzas,as attached. Councilor Rossi—Yea, if I may, um the Zoning Committee and the Ordinance Committee met and we approved the language to be sent to the Planning Board. And really unbeknownst to me and I had intended on going to the Planning Board as just an r interested observer, and I wound up I guess to have.. the same Petition. But I want to say in no small way that I was there alone on this measure and I want to give full credit to my committee, to Chairman, Gina Letellier, CeCe Calabrese, the Ordinance Committee and Mr. Magovern, I think Mr, Bitzas. I forgot who else was on the committee. Joe? I'm sorry,Ruth. In no small part took a major roll in this in getting this thing through. It's . just that I had just a little bit more time to, to go through some of the motions. What we need to do is we need to amend what we had before and you have a copy of the old Ordinance in front of you and the language is just a little bit different but the content really is the same except that the NOW THEREFORE was drawn up a little bit more specifically. Now, if I could just, I'll read just a few portions of it. As I said the language isn't all that important except the NOW THEREFORE is what is gonna be . important here. And if we, we're gonna amend in here and it's gonna be submitted in writing so, it says: WHEREAS, the Code of the Town of Agawam Zoning Ordinances, Article XVIII, entitled "Temporary Parking"as setforth in Chapter 180, Sections 130, 131, 132, 133, 134,and 135 inclusive, was approved by the City Council on June 14, 2007, and WHEREAS, that this new ordinance has developed deep concern that its enforcement is not in good keeping with the public and the general welfare of the community; and WHEREAS, the proposed Amendments to the zoning ordinances are in the best interest of the City of Agawam, the public and the general welfare of the community, and . NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts to the Code of the Town of Agawam as follows: i, The City Council hereby votes to amend Chapter 180, entitled "ZONING"by repealing and deleting the current Article XVIII, "Temporary Parking"asset forth in Chapter 180, Sections 130, 131, 132, 133, 134 and 135 inclusive. Councilor Rossi—And I make a motion that that amendment ... President Rheault—Moved and seconded by Councilors Letellier and Calabrese. All of us actually, we're all signed on aboard. Councilor Rossi— Well, everyone actually is a co-sponsor on it. I think the entire Council is actually co-sponsors. I was hoping a would get a second. . President Rheault—Any further discussion? Councilor Simpson? Councilor Simpson—Thank you. I'll be really brief on this cuz we've gone through this for quite a long time. Um, I've spoken to some Councilors prior to the meeting, I wasn't able to attend the last meeting but I just wanted to put on the record as saying that hopefully after the first of the year,that we will look at temporary parking and make sure r we have some provisions in there to cover everything that needs to be covered during the winter time, and before Six Flags, before Big E, before whatever. My concern still is parking in residential areas and I want to make sure that we don't have any issues come up where somebody's parking in residential area and a neighbor is having trash thrown in their yard or you know, people cutting through their yards, or whatever it may be and I'd like to see that started right after the first of the year so we can have it well in place and thought out before springtime comes and then we're not gonna be reacting to issues that may pop up because sometimes you think you have all the issues in mind and all of a sudden something comes before you that we didn't think of or anybody didn't think of. So I just wanted to go on record as saying that and hopefully we can uh, take care of it and that was it. Thank you. President Rheault--Anyone else? If not, will the Clerk please call the roll? ROLL CALL— 11 Yes. President Rheault--Eleven yes. We have officially repealed the Temporary Parking Ordinance. Item 10. Old Business 1. TOR-2007-10-An Ordinance to Amend Certain Fees for the Liquor Licensing Commission. President Rheault—As attached, moved by Councilor Simpson, seconded by Councilor Letellier, Any discussion? You all have the print out in front of you? Will the Clerk please call the roll? ROLL CALL — 1 0 Yes, 1 No (Mineo) i • President Rheault—Ten yes, one no. You've approved the Ordinance. • 2. TO-2007-35 - CLASS II LICENSES for renewal- Auto-Sport Distributors (ear 2006, 2007, 2008),Applicant,Walter A. Meissner,,Jr.,396 Main Street,Agawam; Town Motors, Applicant,Richard G. Melloni, Sr„_, 393 Main Street, Agawam, MA. President Rhcault—Council's pleasure? Moved by Councilor Bitzas, seconded by Councilor Rossi. Any discussion? Councilor Rossi? Councilor Rossi—I do. I have a problem with Auto-Sport Distributors. Um,this person ! here, I looked at the application. He was rejected back in 2005 I believe because he didn't conform to the regulations and policies of this, of the town, in applying for his license. He was given every opportunity at that time to conform to the requirements as set forth in our Ordinance and State Statute, and he did not. Consequently a long drawn out battle came out, his license had been denied and then he appealed it and then we went ! and had an Executive session and I think this Council will remember quite well an Executive session. We made a motion to allow him to have his license on the condition that he would get a dealer's license. He had ninety days to comply. This was back in July of 2006, I believe, or 7, 2006 no it was 2007. Anyway, he did not, he got his license back. He was eligible to get his license back. He did not get the license. Not only does he not have the license now, I look at the paperwork and I see that he is behind on his taxes which is another requirement that he must fulfill all of his obligations in terms of his fees or whatever, or taxes, whatever he owes in order to get the necessary permits. That's not something that we just made up. That's something that's been on the books. And I looked,and I look at the reading and what he says is that he had taken the paperwork to Florida, he had forgot it in a box and now he's come back and his accountant is either on vacation or too busy to file his taxes. Um, you know, I don't know, and I just don't think that we can or we should atleast until this person pays the fees that he's required to pay and if this Council deems it appropriate to give him the license contingent on whether or not he gets his dealer plate again, like the fourth or fifth chance, whatever it may be, but whatever, I'll yield to whatever this Council feels • appropriate. If we decide to do that, if he doesn't get it within the required ninety day period, 1, I don't, I think that he should just go away. I think we've been playing with this person just a very very longtime. And it just keeps coming back and coming back. We have twenty seven other people who have automobile dealership licenses in this community and every single one of those people conformed to the policies and • regulations as set forth by this town and by state statute except him. He's the only one. And with all the breaks and considerations that we've given him,he still hasn't conformed to this date and he still has paperwork coming and he wants a renewal again. 1, 1 cannot vote for this. ! President Rheault—Do you want to separate the motions? Councilor Rossi—As far as I'm concerned, I'Il make a move to take his,his paperwork • out and go along with the rest of them. I see no.problem with anyone else but I'll defer to the Chairman of the Committee on that one. • President Rheault—Councilor Simpson? Councilor Simpson—Thank you. Yes, we need to separate the two of these and um, up to the Council's pleasure but we have two meeting in December before uh, we have to ! approve these because these have to be done by the first of the year. I'd like to table the Auto-Sport, separate these two, table that one and get some more information. And like I said, we.have two, two more meetings to make any final decision on it. And that's how I would like to see it done. Up to the Council's pleasure, but that's what I'm proposing. President Rheault--You're moving to table the Auto-Sports? Councilor Simpson—Correct. President Rheault— Seconded by Councilor Rossi. Motion on the floor to table...voice ! vote is sufficient on that. All those in favor? Opposed? VOICE VOTE—Unanimous. President Rheault—Item is table until the next meeting. Now the Town Motors is in • front of the Council. Moved by Councilor Simpson to approve, seconded by Councilor Mineo. Any further discussion on that? If not, all those favor? Opposed? VOICE VOTE—Unanimous. 3. TO-2007-36 -Order-Granting or Renewing a LICENSE for • Automatic Amusement Device s —-Quest, Inc. d/b/a Michael Anthon 's 1251 River Road,Agawam, MA. President Rheault—Moved by Councilor Simpson, seconded by Councilor Rossi. Any discussion on that one? If not, Clerk please call the roll on that, ! ROLL CALL— 11 Yes. President Rheault—Eleven yes. You've approved the granting of the license. ! 4. TO-2007-37 -Order Granting or Renewing a LICENSE for Automatic Amusement Device(s)—F.S.F.,Inc. d/b/a Riverboat Bar& Grill, 11 South End Bridac Circle, Agawam,MA. President Rheault—Moved by Councilor Simpson, seconded by Councilor Mineo. Any ! discussion on that one. If not, Clerk please call the roll. ROLL CALL— 11 Yes. i President Rheault—Eleven yes. You've approved the license. • 5. TO-2007-38 -Order Granting or Renewing a LICENSE for Automatic Amusement Device(s)—TJ's Suorthouse, 1664 Main Street, Agawam,_MA. • President Rheault—Moved by Councilor Simpson, seconded by Councilor Magovern. Clerk,please call the roll. ROLL CALL— I I Yes. President Rheault—Eleven yes. You've approved the granting of the license. 6. TO-2007-39 -Order Renewing a Permit for Weekly Amusement— Chez Josef,Inca 176 Shoemaker Lane, Agawam,wam, MA. President Rheault—Moved by Councilor Simpson, seconded by Councilor Magovern. Any discussion on that? Councilor Simpson? Councilor Simpson—Thank you. Just quickly, thank you to Barbara for getting the information. I hope everyone got the little note in their packet. I had asked at the last meeting, I just wasn't sure what they were applying for and it was just so that they could have bands or DJ's for weddings or events at Chez Josef. So thank you Barbara for getting that for me. President Rheault— Clerk, please call the roll. • ROLL CALL— I I Yes. President Rheault—Eleven yes. You've approved the permit. Item 11. New Business • 1. TO-2007-40 -Voucher List($57.63) President Rheault—Next agenda. 2. TO-2007-41 -Voucher List($2,995.00) President Rheault—Next agenda. 3. TO-2007-42 -Order Granting or Renewing a LICENSE for • _Automatic Amusement Device(s)—Buc, Inc., d/b/a Buccaneer Lounge,86 Maple Street, Agawam, MA. • President Rheault-Next Agenda. • 4. TR-2007-40 -A Resolution Supporting an Application to the Massachusetts Historical Commission's FY08 Survey and Plannine Grant Program and Authorizing-the Mayor to Accept and Ex and Grant Funds a or • President Rheault-Next Agenda. Item 1Z Any other matter that may leg-ally come before the'City Council President Rheault-And we'll start with Councilor Magovern. • Councilor Magovern -Thank you Council President. I just wanted to remind everybody that you all know that this Thursday is Thanksgiving Day and I hope that everybody takes the time to give sincere thanks for the bounties that we have and think back to the trials and tribulations that we went through when our country was founded in 1620 and again I appreciate my service and I give thanks for the opportunity I've had to serve Agawam. Thank you. President Rheault -Thank you,Councilor Calabrese? Councilor Calabrese_Thank you. Um, Happy Thanksgiving to everyone and I want to send out my personal congratulations to the Agawam Robotics program. Um, for the first time this year, we've sent two Jr.High teams to Worcester Polytechnical Institute for the Savage ...program and um, they were competing against sixty other schools, these are all high school kids. So we had two teams from the high school, two teams from the Jr. High and our Jr. High team came back with the Judge's trophy for the design of their • robot. So we're very proud of that. We're very lucky to have Mr. Burns as the counselor for that program. Those kids are really excelling and they're, they're making a nice name for Agawam out there in the robotics community. So we should all be thankful for that, Thank you. • President Rheault-Councilor Mineo? Councilor Mineo-I would just like to wish everybody a Happy Thanksgiving in the community and my colleagues up here. Have a nice night. • President Rheault-Councilor Letellier? Councilor Letellier-Thank you. Obviously, Happy Thanksgiving. Go Brownies on Thursday. With regard to Mr. Meissner. I almost cringed a little when Councilor Rossi started speaking because to my knowledge this lawsuit has not been resolved. We made • him an offer in the summer and I don't remember having any Executive session that said what happened to that offer. Has it been accepted? Has it been filed with the judge? So I think that we need something in writing from the Law Department that tells us what the • status of the lawsuit is. And also I think we need to invite Mr. Meissner because I think we've had legitimate questions about this applicant fora number of years. And we're • now being asked to go back a six,three years, when to my knowledge he hasn't conformed with the offer that we put on the table. So I think we need to find all that out. And if I'm wrong then please forgive me. But I don't remember an Executive session since we made him the offer. • Councilor Rossi - ...I'm going by what he said in his own application, that he had agreed to take that but he just didn't get the license. But he said that he couldn't get the plate because he didn't have the license. But the—the way I read his statement,his application, it,back in July and that's when we offered him the license contingent on him getting a plate and that was actually made to him and he made reference to that in his • application. And what he said in the application was he couldn't get the license, the plate rather, because he didn't have the license. When in fact we told him he could have the license if he got the plate. Councilor Letellier—I'm not disagreeing with you. I just think to mind our P's and Q's, we need to find out what the offer accepted, are we tied now to doing that if he accepted the offer? If he didn't accept the offer, is the case still active in Superior Court? I just think, you know, we had Executive session, there was a discussion and I don't remember ever hearing or reading anything since then. So I think before we vote on this, we really need to know what the status of it is and I think we also need to invite him, maybe not to Executive session, but to come to the meeting so that people can ask...I mean if you look at the date of his application, I think it's October 1 ath. It's now November 191h. It's been forty days since the application and he still hasn't done anything about curing his deficiencies. So I think we need to find out Iegally what the town stand is on this. President Rheault—Barb,would you be kind enough to check.with the Law Department to see what the status on that was and—Go ahead. Councilor Simpson - ...if I can butt in now—I was gonna wait for a few more rounds but...I would, and it's the Council's pleasure on how they want to handle it. I made a note to the checking into it. Barbara can do it, that's fine. I doesn't matter. But also I • was gonna have a Committee meeting and invite Mr. Meissner and if you would, the Council's pleasure, if you would prefer that I skip that and invite him to come to a Council meeting that's fine. It doesn't matter. Whatever the pleasure of the Council is, we'll go by that. President Rheault—Well, I was gonna comment when it got down to here, but I would think that a Committee meeting would be in order first before we bring him back, find out what the status is...the process... and you can work it out with Barb if you want to do it. You probably have more authority over the attorney than she has. Okay, where are we at? Councilor Perry? • • Councilor Perry—Thank you. And I prefer a sub-committee meeting too Jill, so please definitely. I just wanted to wish all of my colleagues and everyone in town a Happy Thanksgiving. Thank you. President Rheault—Now we'll go over to the end. Councilor Young? Councilor Young—Thank you. I just also would wish everyone a Happy Holiday and • Happy Thanksgiving. Thank you. President Rheault—Thank you, Councilor Rossi? Councilor Rossi—Yes. I'd like to wish everybody a Happy Thanksgiving and I would like to say hello to Bill who I know watches these meetings on a regular basis warmed up with his popcorn. Have a nice holiday. President Rheault—Hi Bill. Councilor Simpson? Councilor Simpson—Thank you. Happy Thanksgiving to everyone up here and out in the audience. And on a little side note, it is parental decisions on what you do with your children but hopefully everyone takes heed and allows their children to go to the big pep rally on Wednesday. We've had a lot of broadcast messages um, I don't know if those who are parents of younger children have been getting them too, but um, about the • security measures that will be taken but, it's such a great event and uh, like I said, it's up to your own decision, the safety of your child, but the kids really enjoy it and I think uh, with all the precautions that the school and the police department are taking, I think it will still be a great and fun event for the kids on Wednesday morning. So hopefully everyone will be there and be safe. Thank you. • President Rheault—Thank you. Councilor Bitzas? Councilor Bitzas—Uh, two things. First of all, I'd like to wish you all Happy Thanksgiving and ...all of Agawam Happy Thanksgiving and Happy Holiday Susan. And a second thing I'd like to report to you, the last meeting of October we passed an Ordinance about the smoking to the minors, sales to minors and we have recognition here from the state, from Massachusetts Health Officers Association and I'm not gonna read the whole,the whole letter. It was addressed to the Council to the President Don Rheault, to myself, cc, to the Agawam Board of Health, to Massachusetts Municipal Association, Department of Public Health and Gandara Center. And I just read for you the audience the first paragraph; I want to put this for the record. It says Dear Mr. Rheault of the City Council; I want to comment the Agawam City Council for taking a proactive stand on youth access to tobacco products. Tobacco vendors have long believed that an ordinance which would find store clerks who sell to minors, as introduced by Councilor George Bitzas, will reduce the number of illegal sales. Recent passage of this provision in both Agawam and Springfield will be the test ground for this concept. Evidence states that the best way to reduce youth access to tobacco is to enforce tobacco ordinances and state • laws, etc. etc. I would submit it for the record and give to you. Thank you very much and Happy Thanksgiving. • President Rheault—I gave that to Barbara today. It will be in all of our packets this week. Councilor Bitzas —Thank you. • President Rheault—Councilor Carr Bitzas? Councilor.Carr Bitzas--Thank you and Happy Thanksgiving to everyone at home and everybody up here and as you recall I wrote a letter to the Editor of the Agawam Advertiser and I asked all of you not to vote for me because I was not running. I withdrew from the nomination to run for City Council for the upcoming year. But uh, even though I did that there's fifteen other candidates,you still voted for me with 23 thous...2349 votes. So it was a real boost to my confidence and it's not quite so hard to leave. Thank you so much. President Rheault—I'll take the liberty of uh, speaking for Jill and Paul, our newly elected Councilors in wishing all of you a very Happy Thanksgiving. A unique event is gonna take place this Thursday at the Agawam/West Springfield football game. A dear friend of mine, Joe Pisano,press box will be named in his honor and uh, I can't think of a • more befitting tribute to a former football star for the Agawam Brownies than he. And with that I'll entertain a Motion to Adjourn. Moved by the Council to adjourn, seconded by the Council. All those in favor? Thank you and good evening. Adiournment. • 0 • • •