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CC MTG MINUTES NOVEMBER 7 2007 algl /// l q 107 REGULAR COUNCIL MEETING OF THE AGAWAM CITY COUNCIL • NOVEMBER 7, 2007 President Rheault—Welcome to the November 7`}' City Council Meeting. Item 1. Citizen's Speak Time President Rheault- We have a few citizens wishing to address the council this evening. The first being Sue Dawson. Sue? (APPLAUSE) Sue Dawson—Good evening Council members. I know this evening you will not be voting... President Rheault—Excuse me, Sue? Would you for the record, would you state your name and address? Thank you. i Sue Dawson—I'm sorry. Yes. I'm Susan Dawson and I live at 21 Alexander Drive and I would be your new Mayor-elect. And I'm delighted to be able to address you this evening. I am here about the parking ordinance. I came before you previously and I wanted to do it again at this point. I would encourage you strongly to vote to repeal this parking ordinance. I believe it's the right thing for our town. We have an opportunity to put together a safety committee and take a look at this for any safety issues that are out there. And I appreciate your time and I anticipate a really nice working relationship with you. President Rheault—Thank you very much and Deborah Dachas. • Deborah Dachos—Good evening ladies and gentlemen of the City Council. Can you hear me okay? President Rheault—Yea, we can now. • Deborah Dachos—Okay. Uh, this evening we are asking you to consider granting tax increment financing otherwise known as a TIF to the owner of the former Food Mart building to support the revitalization of a once vibrant uh, commercial center. I think it would be helpful to summarize some of the important events in the center's history. In i 2000, the former owner of the plaza, the Cataldo family, announced with the Walbaum Food Mart people that they would be vacating the building to allow for the demolition and the construction of a new state-of-the-art Super Food Mart. After design,permitting and soliciting bids, the cost of the project was prohibitive and Walbaum's abandoned the project. Soon after, a national real estate broker and I don't think you're all aware of this fact, um, who specializes in planning space for large scale grocery stores, worked for two years to entice a growing grocery store chain to occupy the space. Unfortunately the efforts were unsuccessful and the Cataldo family, who had owned the property for over • fifty years,put the property on the market. In the year 2005, a developer from Boston, Sander family LLC, purchased the property. During the last two years, almost three years, Mr. Sanders, uh, Sander, has replaced the roof, excuse me, repaved the parking lot, relandscaped the site and undertaken extensive facade improvements at the cost of over, well over$600,000.00, while keeping his taxes current. The developer,the broker, Sullivan Hayes, the former mayor and myself, contacted up to a hundred retail establishments in an attempt to find a tenant who would provide desperately needed retail for the residents of Agawam. In the spring of this year, the town applied for and was granted, Exceptional Opportunity Area Designation for the area consisting of the former Food Mart, Ames, and Games& Lanes building. The designation was granted by the Massachusetts Office of Business Development, its purpose being to encourage new business growth in depressed areas and to create new jobs. In applying for the grant of • this designation, the town gained an important tool for bringing high quality retail to this location. By being granted the Exceptional Opportunity Area Designation, the town is in the position to offer Tax Increment Financing (TIF) to the developer of the site. Pam McLumphey from the Mass. Office of Business Development is here this evening to discuss Tax Increment Financing and how it relates to the leasing of 42,000 square feet of retail space to Stephen & Barry clothing store. Before she does, I would like to clarify a couple of points about the designation of this Exceptional Opportunity Area. First and foremost, this designation would probably not be granted for any other areas in Agawam. We should be proud that Agawam is a vital community with a very low vacancy rate and very strong commercial industrial base. Unlike many surrounding communities, Agawam is not home to large retail boxes but is characterized by a community base, vibrant core of businesses. The Exceptional Opportunity Designation is available for areas which have high vacancy rates and show signs of blight and decay. Clerk—One minute please. • Deborah Dachos—This tool is made for the area we have designated. Special tax considerations provide uh, tax incentives for both future tenants and property owners which must be approved by you,the city council and by the Mass. Office of Business Development. I hope that you will suspend your rules this evening so that we can meet a November 161h deadline for consideration of this agreement by the Massachusetts Office of Business Development. Thank you. President Rheault—Thank you. Ms. Pam Malumphey? ...turn the...thank you. Pam Malumphey—Good evening. Uh, my job tonight... • President Rheault--Name and address for the record please. Pam Malumphey—Pam Malumphey. I'm the Regional Director for the Massachusetts Office of Business Development and my job tonight is to help explain a little bit about Tax Incremental Financing and I'll start with the Designation which um was assigned to this parcel of land which is called an Exceptional Opportunity Area. For those towns that aren't economic target areas um, and economic target areas are designated by certain • • demographic information. Um, Agawam, because of its demographics, is at too high a • level in order to be eligible to be an economic target area. So therefore, it can't take advantage of some of the state's programs. But if there are opportunities that rise to occasion of being Exceptional,the Under-Secretary for the Executive Office of Housing & Economic Development, can designate within a town a particular parcel that the town has asked for that designation. In the case of Agawam um, it was asked if this particular parcel could be designated as an Exceptional Opportunity Area. Um, that designation as Debbie just said happened last spring by Under-Secretary Coughlin, and throughout the summer and now into the fall, um, you've all been working with the Mayor to put together a package to provide Tax Incremental Financing. So what does that look like when you talk about an Exceptional Opportunity Area? What it means is that Mr. Sander is going to invest x amount of dollars to renovate that area and what that is gonna mean in • terms of his property taxes is that they're going to go up. And so in being in an Exceptional Opportunity Area, what it offers to him is that the town says we recognize that you're making an investment and you're making it in an Exceptional Area that needs our attention. We want people to invest. So what we're going to do on behalf of the town of Agawam is allow you to pay that incremental increase in your taxes over a period • of time. So you're still collecting the base taxes on that property but because Mr. Sander is obviously going to be hit with a new and increased tax bill after his renovations because of an increased assessment,the town is willing to say, we've looked for designation for this area because we know that it was eligible, we knew that we needed someone to come forward to invest in it. And we wanted to be able to incent that person • in some way by working with the state. So this is really the town's opportunity to take advantage of the, what is the economic development program, the Tax Incremental Financing package, which again, Mr. Sander is going to continue to pay the base amount of taxes,but what you're allowing him to do is just over a period of years pay the increment,phasing in over a period of years. Um, and 1, I hope that you take advantage of this opportunity. There are some many towns that are economic target areas that are taking advantage by looking at different parts of their town, understanding that they need to have investors look at uh, opportunity areas within their towns so that they can partner with them to provide Tax Incremental Financing. And this opportunity was obviously given because of a partnership between the Mayor, yourselves, going to the Under- Secretary, saying we want this opportunity, um to provide these incentives to an investor # and you've got the opportunity tonight to provide that Tax Incremental Financing to Mr. Sander. Thank you. President Rheault—Thank you. Marcel Sander? • Marcel Sander—Hi. Good evening. My name is Marcel Sander, 342 Beacon Street, Chestnut Hill, Mass. Uh, I purchased the uh, the property approximately close to three years ago and um, I, I, I had some interest to uh, lease the property to like Dollar Stores and all that. I tried to take the property to another level and bring in other tenant. To do that, we need the tax incentive because I didn't get such a good deal and my, my tax incentive will help offset some of our expenses down there. Um, I think Steve & Barry will help uh, lease the rest of the property. I will bring some good tenants down there and uh, we'll create some jobs down there. Thank you. • President Rheault—Thank you. Before I uh, call the.roll if uh, did I see Jill here? • You're welcome to uh,...I'm sorry? Oh, I'll be alright. I'm busy doing paper work up here. Welcome and I didn't see Paul so, okay. Will the clerk please call the roll? Item 2. Roll Call ROLL CALL— 11 Present • President Rheault—Eleven present, we have a full quorum. Item 3. Moment of Silence and the Pledge ofAlleziance • President Rheault—Please rise for a Moment of Silence and Pledge of Allegiance. Item 4. Minutes (a) Regular Council Meeting—June 18,2007 • President Rheault—On June 18, 2007, the Council minutes, move to except them as a Draft. They are not complete because of the malfunctioning of our recorder and, but uh, we can put them on record as a draft. So I'll entertain a motion. Moved by Councilor Simpson, seconded by Councilor Magovern. Any corrections or discussion? All those in favor? Unanimous. (b) Regular Council Meeting—July 2, 2007 President Rheault—Moved by Councilor Simpson, seconded by Councilor Magovern. • Any discussion? Corrections? If not, voice vote. All those in favor? Opposed? Unanimous. (c) Special Council Meeting—August 27,2007 President Rheault - Moved by Councilor Simpson, seconded by Councilor Magovern. • Any corrections or additions? Voice vote. All those in favor? Opposed? Unanimous. (d) Regular Council Meeting— September 4,2007 President Rheault-Moved by Councilor Carr Bitzas, seconded by Councilor Simpson. • Any corrections or discussion? If not, voice vote is sufficient. All those in favor? Opposed? Unanimous. (e) Regular Council Meeting—October 15,2007 • President Rheault_Moved by Councilor Simpson, seconded by Councilor Magovern. Any discussion? Corrections? No? All those in favor? Opposed? Councilor Simpson and Councilor Carr Bitzas abstention. Any others? If not, the record please note. i • Item S. Declaration firom Council President None. Item 6. Presentation of Petitions,Memorials& Remonstrances None. • Item 7. Report of Council Committees None. • Item 8. Elections None. Item 9. Public Hearings • 1. PH-2007-11 (TO-2007-28) - Public Hearing for a License Application for Storage of 4,000 gallons of Propane at 113 North West Street, Feeding Hills, by CJA III, LLC, Calvin Arnold,Jr., 113 North West St.,Feeding Hills President Rheault—I now declare the public hearing open. Is a representative for the application in front of the Council? Want to come and state your name and address for the record? Calvin Arnold—Calvin J. Arnold, Jr. and I'm the owner of C &E Tobacco. What we're trying to do is apply for a license which is a uh,just from what I understand a formality for using propane for strictly agricultural use in the curing of the crop. Um, the propane is essential to preventing crop damage or spoil and um, I wish this was addressed much earlier. I didn't know it was going to take this much time. However, it's a practice that we've been using for decades. And, it's not for resale or storage for anybody else's use except my own. President Rheault--Any questions from the Council? No? Well,thank you very much. The uh, anyone who would wish to speak in favor as well for the granting of the license? Anyone like to speak in opposition? Anyone who'd like to be recorded in name only in • favor? Anyone like to be recorded in name only against? If not, any further questions from the Council? If not, I declare the public hearing closed. What is council's pleasure? Moved by Councilor Letellier, seconded by Councilor Bitzas. Any further discussion? If not, will the Clerk please call the roll. ROLL CALL— l I Yes. President Rheault—Eleven yes. We have approved unanimously. • i 2. 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) President Rheault—I declare the public hearing open. We had the TOR-2007-6 second reading with revisions. Uh, I think we need to open this and to continue it until we receive a vote back from the Planning Board on their recommendation if we can't act on i it until they do. Councilor Letellier—Motion to Continue the Public Hearing President Rheault—Move to Continue the Public Hearing, seconded by Councilor • Calabrese. Any discussion? If not, let us declare the public hearing continued until the next meeting and we should have, I think by then, a report back from the Planning Board. 3. PH-2007-13 LILR-2007-37) -Public Hearing on a Resolution Adopting a Residential Tax Factor of.796632 pursuant to Massachusetts General Laws, Chapter 40, Section 56. President Rheault—I now declare the Public Hearing open. And um, anybody from the...is Laurel here? Laurel, do you wish to address the council regarding the factor? No? How about Chet? Chet loves to come up—his favorite subject. • Chet Nicora—Chet Nicora, Acting Assessor, 36 Old Mill Road. Uh, we had a very productive meeting with your Finance Committee in reference to the Tax Factor. All our data is currently in Boston awaiting final approval. We're on schedule to get the tax bills out by when, Laurel? Tax bills? I'm sorry? December 31". The tax factor was • recommended by the Mayor and um, I'm available for any questions. President Rheault—Well, some of us had the opportunity to already ask but for the rest of the council, anybody wishing to ask regarding the factor? Chet Nicora—Did everybody get what the tax rate would be? I don't know, CeCe, if • you gave everybody that information? Councilor Calabrese—Um, yes, I had actually typed up...Cecilia Calabrese—chair of the Finance Committee—I actually typed up my notes from the uh, sub-committee meeting that we had held on October 30th and distributed them um, and I believe • everyone should have received a copy of the uh, Mayor Cohen's presentation as well. Chet Nicora— We're still very fortunate that we're experiencing new growth. Our total levy has increased,total assessments I should say, has continued to increase. We're now in our fifth year of our reval for our ten year cycle request, uh, required by the Department of Revenue. The previous Assessor contracted a ...of properties to go out and inspect all of the town. We have another firm that's doing the condominiums and we're experiencing a lot of increase in growth due to the fact that we're picking up things 0 r like sheds, pools, decks, that have never been brought to our attention because building permits were not taken out. So that increase in our overall assessment along with a modest budget has dropped the tax rate. And I'm assuming you all have that tax rate there. President Rheault—Councilor Letellier? • Councilor Letellier—Thank you. I know that we know what the rate is going to be, Chet, but could you let the public know what the rate's gonna be so they can hear it? Sorry, I'm just...it's not a quiz. President Rheault—I have it here if you want Chet. • Councilor Letellier—I think, yea, we have it here but I just thought... Chet Nicora—We're looking at 11.74 and 25.64 and we're now 11.80 and 25.82. So it's a decrease in the taxes—tax rate, not taxes. • President Rheault—Councilor Perry? Councilor Perry—Yes, thank you Mr. President. Through the chair to Chet. Thank you for coming this evening. I wasn't able to attend the finance committee meeting but I did receive the minutes of the meeting from Chairman Calabrese and she did a very good job and I appreciate that. And I thank Barbara for emailing those to all of us. In those minutes it was stated that the average value of a home in town is $132,000.00. The mean,the mean. Can you explain the difference between that and the $218,000 value? • Chet Nicora—I don't know where the mean came from. I think that uh, you know, , that's a distorted thing when you talk about the mean which is an average. And we've got some very low, some very high. But if um, you know, we have an average um, in your packet some place, and I apologize, I ...to pick it up. That's-that one figure you use is extremely low. I would go more like an average than a mean. Cuz a mean takes in a bell curve and you're looking at the highs and the lows and it's completely distorted. I • think our average is somewhere in the area of about$225,000.00. Councilor Perry—Right. It's around there, that's what I would say would be more accurate. Um, with the housing industry in the condition that it's in now,we know we peaked um, values have risen. You know, we've kept our tax rate low and we're trying • to do that again this evening uh, but with the values going up, we've been able to compensate the tax rate being lower to bring the revenue in to support the budget. Correct? Chet Nicora--Correct. • Councilor Perry—Currently, the housing industry, we all know, is leveling and starting to go down. Our reevaluation based on state mandate is every three years? • • Chet Nicora—Well, actually it's always been my policy to look at it yearly. Councilor Perry—Correct. Chet Nicora - I mean I could do it every year, I mean three years, but that could mean a more, a larger increase in the third year. And let me just address the issue, I know where you're coming from cuz this is a common question we get every day. We're currently working on the 2008 fiscal year tax bills. We are using the 2007 sales. I'm sorry 2006. At the point in time, we still showed an increase in many of the sales. Councilor Perry—Right. I understand that. • Chet Nicora—And in 2009, we're gonna be looking at 2007. Councilor Perry—Correct. Chet Nicora Now, in spite of what you read in the paper about the sub-prime market and all the foreclosures, uh, I don't see it happening in Agawam. We may level off but unlike some of the more urban areas that have four and five hundred foreclosures due to the sub-prime mortgages, we're in a completely different bracket and a completely different market. So I think the best we can look for is a leveling off and surprisingly enough, for this year 2008, we've had an increase in values. And we have the sales... Councilor Perry—Based, based on evaluations? Chet Nicora--Based on sales. And I think Councilor Rossi and I discussed that at length at the Finance Committee meeting. All our data is predicated on what we, what we have for sales in town. We have to you know, do a very lengthy uh, report to the state. So for the 2006,we've seen an increase. I haven't seen any decrease that much for 2007. What's gonna happen in 2008 could be an entirely different thing. But it's my professional opinion, that the town of Agawam is not gonna see a tremendous decrease in values. We have substantiated that we're a bedroom community for Springfield. And we have an awful lot to offer. And whether you like it or not,we have reported this morning in the office,two sales of building lots in the town of Agawam, $152,000.00 each! Building lots. They haven't even put a house on that yet. Now when you get to my age, you remember back in 1968 when I bought... • Councilor Perry—for$15,000.00! Chet Nicora - ...my lot for$5,000.00 okay, and there's some of you that can relate to that. And that's the biggest problem we have in the Assessor's office. From a public relations point of view, is try to explain to someone who comes in and doesn't understand why their property who they paid$20,000.00 for back in the seventies is now worth $275,000.00. It's all relative to the market value. I don't know if that answers your question but I think we're gonna be in good shape. I think we've got a lot of new growth, • • some of that uh, new building that took place up in the industrial park hasn't quite completed, so that's coming on for 2008 maybe part of 2009 and there's several other, uh, the building at the corner of Silver and Suffield. That hasn't even hit the books yet, that's gonna be, that's gonna big. Okay. You know that they're gonna put a Dunkin Donuts, I understand there's a proposal for a Dunkin Donuts down near the state line someplace. That's another addition. So, I think for the next two or three years, I probably won't be here, but it's my opinion that we're still gonna be in a very good positive position because of what we have to offer the surrounding community and, and, and don't lose sight of the fact that the City of Springfield is losing business. They can tell you all the business they're getting in but they're losing it because of the tax rate. $38.00 - $39.00 a thousand for commercial, when we're looking at $25.80 right now, we're going down. So uh, and I think we've been very fair to the businesses in their assessments too. Councilor Perry—Okay. Not to put you...in regards to the town itself, um, you know, we have the breakdown, the pie chart in regards to residential, commercial, and you know the way it's broken down. Where do we stand for industrial land as far as the capacity? I • know you probably don't have the exact figures but I mean the availability of industrial land. There's not that much left. I know the park's full. Chet Nicora—It's minimal. Councilor Perry—Right. So... Chet Nicora—It's minimal. The biggest portion of land that we have which has never been able to been developed and I worked on that as...with the old ADIC which was a group that started to work on development is the area where Lucia Lumber is, all around • Berkshire Power. That's our last industrial site but there's so many multi-owners I don't know what can be done to to get that together. But our businesses there...we're looking at right now for the fiscal year 2008, we have a 78% residential and a 2 1% um commercial, industrial and personal property. That's beginning to decrease a little bit because unfortunately when you don't have industrial land you don't have businesses available,housing are beginning to be built more than our commercial. • Councilor Perry—Right, which definitely affects the tax which is the point I was trying to make. Chet Nicora—Because commercial is always good. Commercial does not cost us • anything. We give them police protection, fire protection. We don't pay for their trash, we don't have to, there's no children for school. So any development that we do in commercial is always positive. The additions that are taking place up the industrial park, I think is a, a uh, a credit to the community that they will stay here instead of go elsewhere and build. And that's why this is not the deal with this but the TIF agreement that we're working on for the Food Mart is again part of this overall picture of developing our commercial. So we're looking at a 78 roughly 22 % split. We were up a little higher a few years ago but that's because we don't have the land to develop. • • Councilor Perry—Thanks Chet. Chet Nicora—You're welcome. President Rhcault—Any other questions from the council? Thank you very much Chet. . It was very informative. Chet Nicora—My pleasure. I've got some things for you afterwards if you'd like them. You asked for some split President Rheault—What we discussed at the meeting? • Chet Nicora—Yea. Councilor Bitzas —just one question... President Rheault—Councilor Bitzas? Councilor Bitzas—Chet? One quick question. Do you have any conversation with the businesses or the industry to how they feel about the rates the low...residential and industrial rates and business rates, do you talk to any of the businesses, how the Chamber • of Commerce, how they feel about that? Are they happy? Chet Nicora—1, I don't know that, George. I don't have the opportunity. All I can tell you is that last fiscal year; we had a very minimal amount of commercial properties file for an abatement. That's usually what I gauge things by. And that was also residential too. We had very minimal amount of abatements and I think that, again, values are gonna go up, and I think they know it's, it's inevitable for the services that are provided in the community that we have. Urn, I haven't talked to them individually but we, I'll bet you we don't get um, uh, six businesses in the whole town file for abatements. And I think that's pretty good. Councilor Bitzas—Thank you. President Rheault—Thank you very much, Chet. Chet Nicora—Thank you. • President Rheault—Any one else who would like to address the council? Ed Borgatti— Good evening. My name is Ed Borgatti. I reside at 135 Franklin Street and I'm here tonight representing the Chamber as the Agawam Chamber President. As I have done in the past, I would just like to come here tonight to remind the City Council and the public at home of the trends that the rates um, take and the tax factor and the tax rates and the um, how they affect businesses and how it's affected businesses in the past. • • So what I'm going to do is I'm just gonna read this and I apologize for reading verbatim . off of the sheet, only because it can be complicated and it's written pretty simplistic here and I think easy to understand and if I read it...mislooking at the numbers used and setting different tax rates. There are statistics that come right off the state's Department of Revenue's Division of Local Services. These statistics are used to measure community against community. One such number is the tax shift factor which is the amount of extra taxes placed upon the business community. In fiscal year 2004,the shift 0 factor for Agawam was 138%. Last fiscal year, that shift factor had risen to 173%. That means that in 2004 businesses were paying 38% more in taxes than they would be if everyone was taxes the same. And in four short years, that extra tax burden grew to 73%. In fiscal year 2002, Agawam enjoyed a lower business tax rate by $7.95 over its closest neighbor with two rates, Westfield. In fiscal year 2007,that advantage has shrunk to • $0.61. All three of Agawam's neighbors would split rates, Westfield, Springfield, and Chicopee have seen their business tax rates decrease since 2002 by roughly $3.00 while Agawam's business tax rate in that same period has increased by$4.00. This Chamber has consistently warned this body that shifting more and more of the property tax burden onto the business community is co-productive, is counter productive to encouraging business growth and to the creation of jobs for our residents. Looking at these figures, one can see why the industrial park's filled up and businesses were adding jobs in Agawam several years ago, but over time and over the warnings of this Chamber, that pro-business climate has deteriorated somewhat and much of that competitive edge has been lost. Now, with the vote for this year's increase, that shift to 174% as it is rumored, Agawam will have the destinction of being just one percent of shifting the maximum amount of property taxes onto the business community. The town has changed, the region has changed, and businesses now compete globally. This decision is more and more important to a business community trying to remain competitive in a state with high cost of doing business. You can do your part in helping businesses remain competitive by carefully looking at these figures and moving in a direction of removing some of this heavy tax burden placed on the business community, not by adding to it. Hopefully, with the new year, some new energy on the council, and new leadership in the Mayor's office, we can make this happen. Agawam's a great community. The Chamber looks forward to working,to a new beginning and working with all of you together. Thank you for your time and I just want to say um, Mr. Nicora emphasized and I'm sure that Ken Vincunas • who owns Agawam Crossing is thrilled that his taxes are gonna be big for the town of Agawam. I just found that funny. Alright,thank you for your time everyone. Good night. President Rheault—Thank you Ed. Anyone else who'd like to speak in favor of the tax • factor? (cell phone music) You gonna dance? Anyone who'd like to speak against it? Anyone like to be recorded in name only either for or against? Any further questions from the Council? If not, I now declare the public hearing closed. What is the Council's pleasure? Councilor Calabrese—Uh, I move that we accept the tax factor as proposed. Councilor Bitzas - Seconded. 0 ! President Rheault- Moved that it be accepted as proposed by Councilor Calabrese and seconded by Councilor Bitzas and I'll add"as attached". So rather than go through the lengthy process of reading it. Any further discussion from the Council? If not, Clerk...I'm sorry?... Councilor Calabrese—I'm sorry. I just want to clarify for the Council that in the uh,the ! booklet that you got there is a grid and on that grid it does highlight-um it'Il say page 2 of 4, through 3 of 4, 1 don't know why there's not a fourth after that. Um, the shift factor that we could have used was a 1.5 all the way to a 1.75. And the uh,that's the range that we had to work within and what was recommended was a 1.74 and I know that you all clarified ...but I just wanted to let the viewers at home that was, the were the parameters ! that we were working with and what had been recommended is that 1.74 shift. President Rheault—Thank you. Clerk, please call the roll. ROLL CALL—9 Yes, 2 No • President Rheault—Nine yes, two no. You've adopted the Residential Tax Factor. Item 10. Old Business • 1. TR-2007-34 -A Resolution Authorizing the Reservation of Funds from the Community Preservation Fund (CPA) President Rheault—The first one being for a total of$76,425.40. This is reserved for open space and reserved for historic resources, reserved for community housing. Moved by Councilor Simpson, seconded by Councilor Bitzas. Any further discussion? If not, will the Clerk please call the roll. ROLL CALL— I 1 Yes. President Rheault—Eleven yes. You've approved the Resolution. • 2. TR-2007-35 -A Resolution Authoriziny.the Appropriation of Funds from the Community Preservation Fund (CPA) President Rheault—It is the same Resolution for$38.212.70 and that's for.community preservation administrative costs. Moved by Councilor Simpson, seconded by Councilor Bitzas. Any further discussion? If not, Clerk please call the roll. ROLL CALL— I l Yes. • President Rheault—Eleven yes. You've approved the Resolution. • • 3. TR-2007-36 -A Resolution Authorizing the Appropriation of Funds . from the Community Preservation Fund (CPA) President Rheault—The final resolution for the CPA funding reserves are $231,765.10 and that's reserved for the community preservation budgeted reserve. Moved by Councilor Simpson, seconded by Councilor Magovern. Any further discussion? If not, Clerk please call the roll. • ROLL CALL— I 1 Yes. . President Rheault—Eleven yes. You've approved the Resolution. • 4. TO-2007-29 -Voucher List $74.30 President Rheault—It's been signed and approved by the Council. Voice vote is sufficient. All those in favor? Opposed? • VOICE VOTE—Unanimous. 5. TO-2007-31 - Voucher List„($3,839.00) President Rheault—Approved by the Council. Moved by Councilor Rossi, seconded by • Councilor Simpson. Any discussion? If not, voice vote is sufficient on that. All those in favor? Opposed? VOICE VOTE—Unanimous. 6. TO-2007-32 - CLASS II LICENSES for renewal-A-C-E Auto • Body/Sales, 1363 Main St.,Agawam; Auto Kraft, 119 Walnut St.,Agawam; Balfour Motors, 1801 Main Si.,Agawam; Chris Auto South,Inc., 207 Main St., Agawam; Elmwood—D&J Auto Sales, 521 River Rd., Agawam; Garden Auto Sales, 204 Garden St., Feeding Hills; Luigi's Auto Body and Sales, Inc., 371 South Westfield St.,Feeding Hills; Zielinski Brothers_, II,218 Shoemaker Lane, Feeding Hills. President Rheault—Those are all attached and I believe, Councilor Simpson, are those all in order? Councilor Simpson—Yes, so moved. President Rheault—Moved by Councilor Simpson, seconded by Councilor Bitzas. Any further discussion on them? If not, to approve all those Class II licenses, Clerk,please call the roll. • ROLL CALL— 1 I Yes. • President Rheault—Eleven yes. You've approved the licenses. . 7. TO-2007-33 -Order Granting,or Renewing a LICENSE for Automatic Amusement Device(s)-Tom-Weil Enterprises,LLC d/b/a Coach T's,360 North Westfield St.,Feeding Hills,MA. President Rheault—Moved by Councilor Bitzas, seconded by Councilor Letellier. Any further discussion? Clerk,please call the roll on that. • ROLL CALL— l l Yes. President Rheault—Eleven yes. You've approved the granting of the license. i 8. TO-2007-34 -Voucher List ($734.00) President Rheault—Approved by the Council. Moved by Councilor Bitzas, seconded by Councilor Carr Bitzas. Any discussion? If not, voice vote is sufficient. All those in favor? Opposed? i VOICE VOTE—Unanimous. Item II. New Business i 1. TOR-2007-10-An Ordinance to Amend Certain Fees for the Li quo Licensing Commission. President Rheault—Next Agenda. 2. TR-2007-38 -A Resolution to Enter into a Tax Increment Financing Agreement for ProlDeM Located at 63 Springfield Street. President Rheault—The attorney has recommended that the Council suspend the rules. I'll entertain a motion. Councilor Bitzas moved, seconded by...uh, to move from New • Business to Old. Councilor Rossi? Councilor Rossi—Yes. I'd just like to understand as to how we're suspending Council rules on this one. It's not a council rule. It's in the Charter. President Rheault—Well, I called the attorney this afternoon and questioned that same thing. His recommendation was to rule and he's given me legal advice I would assume. So...I'm gonna go by his legal advice. Councilor Rossi—Well, again, if I may just uh, pose a question over here. I see that uh, his suggestion was that the Council suspend the rules. But it's not IN the Council rules. It's in the Charter and the Charter is very specific on how that can be moved from New Business to Old Business. And it has to be an Emergency Resolution taken by Special • Vote of this Council and that Special Resolution has to be uh, some sort of justification to declare its emergency nature. I see nothing here that allows us to do that. Suspending the rules and going from New Business to Old Business is not a Council rule, it's a Charter. And I don't see how this Council can suspend the Charter. President Rheault—Well, I posed that same question and had some difficulty accepting his decision but we had. I'm sorry but the ruling, the reason why he claimed the ruling was coming forward was because this Council on a previous occasion had done that very same thing and had set a precedent. So... Councilor Bitzas—I agree with you, Mr. President. I think we should vote for the vote. Thank you. President Rheault—Councilor Bitzas. I merely wanted to identify you for the tape. Councilor Bitzas—Thank you sir. To repeat again, for the record, I do agree with you and I'm glad you have that paper so we cover ourselves and we like to help the businesses. We be waiting so many years for the Food Mart to come. Nov,;it's here. We should not delay it. It's not fair for the businesses, it's not fair for people to wait to go and shop there. We did it before you said, Mr. President, I think we should do it again and let's put it to a vote. Thank you. President Rheault—I would like to, I'm sorry, is that? Councilor Letellier—Councilor Letellier. Sorry. President Rheault—Oh, I'm...the light is glaring off here. Councilor Letellier. Councilor Letellier—I think there's a short. It's been making funny noises. President Rheault--Yea. It keeps going out. You could see it before. Councilor Letellier—I don't want to get to close to it. The other option and I had talked to Councilor Calabrese as well about whether or not an emergency preamble was needed. The other option is if it's on OId,New Business now, we could have a Special Meeting before the 15th. Have a special meeting that's just for this. It becomes Old Business. Nobody has to worry about any complaints that we didn't follow our own Town Charter. I realize it is an inconvenience for Mr. Sander and his wife. They came out from Boston. • But I think I have to agree with Councilor Rossi on this one. I think we're better off to just really, to follow, like you said, follow the Charter. Follow the Charter, take the time. You know we could post a meeting for Monday. That gives us; it cuts it close but it still before the 15th. I, I mean, I'm not gonna Charter object or anything but I would be of the opinion that we're better off to protect ourselves from a lawsuit if we follow our Charter and you know, either take a recess to write up an Emergency Preamble, which I'm sure we could do or uh, you know, do a Special Meeting, but I think we could write an Emergency Preamble and vote on the Emergency Preamble tonight. i • President Rheault—Well, as you know, I raised the question to several of you Councilors about the Charter saying that we can't adopt on the first time it's in front of us. And as regarding to the Emergency, if you look up the real true meaning of "Emergency", look up the Coffman Decision and you will find that the judge ruled that a burning of a school roof was not an emergency. So, as much as I'd love to help Marcel out this evening, I don't think we, in my mind, I could not justify an emergency. I'd • prefer to reschedule for Monday night and address it and then we won't have any questions anywhere. Councilor Calabrese—Excuse me, President Rheault. Um, are we, I have a question that I want to ask and it might be procedurally appropriate to go into committee as a • whole. President Rheault—To ask Mr. Sander? Councilor Calabrese- Actually to ask... • President Rheault—We'll take a minute recess it would be easier. Councilor Calabrese - Okay, can we take a five minute recess? President Rheault- Five minutes, that's more that a question... President Rheault—The Council's back in session. Councilor Calabrese? Councilor Calabrese—Yes. I have a report. Um,what we have learned is that um, if we do not pass this tonight, um, we'll still be okay to um, have this item voted upon at our ! regular next council meeting um, on, uh, in November, on the 19a`, and what will happen is that the application will then go before the State uh, for approval at the December meeting. Um, so, we're gonna be following the proper progression um, the emergency does not exist,therefore I'm gonna withdraw my motion. Um, and just for all the councilors' information, Chet Nicora had provided for me to distribute to you all, which • you all should have now, a field card and also a diagram of the property and the area delineated that will be specifically subject to the TIF agreement. Thank you. President Rheault—Okay. So, motion would be to, where are we? It just goes to the next agenda automatically. • 3. TR-2007-39 -A Resolution Authorizing the Mayor to Execute any 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 Property Owned by Samantha Giuggio and Paula Bruno,Trustees of the Revocable Indenture Trust of Joyce A.Impoco which is located at 236 North Westfield Street, Feeding Hills,Hampden County, Massachusetts, consisting of approximately 16.30 acres. • • President Rheault- This is the uh, land for right of first refusal and that'll be on the next Agenda. 4. TO-2007-35 - CLASS II LICENSES for renewal-Auto-Sport Distributors (Year 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 Rheault—Next Agenda. 5. TO-2007-36 -Order Granting or RenewinE a LICENSE for • Automatic Amusement Device s —Quest, Inc. d/b/a Michael Anthony's, 1251 River Road, Agawam, MA. President Rheault—Next Agenda. • 6. 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 Bridge Circle,Agawam, MA. President Rheault-Next Agenda. 7. TO-2007-38 -Order Granting or Renewing a LICENSE for Automatic Amusement Device s —TJ's Sj2orthouse, 1664 Main Street Agawam,MA. President Rheault—Next Agenda. • 8. TO-2007-39 -Order Renewing a Permit for Weekly Amusement— Chez Josef,Inc., 176 Shoemaker Lane,Agawam, MA. President Rheault—Next Agenda. • Councilor Simpson—Point of Information, Council President? One the one for Chez Josef, President Rheault—I'm sorry, which one? • Councilor Simpson—um,the one,the Iast one, for Chez Josef. I know we're not doing it til next week, but uh, two weeks, but I was glancing through it, I'm not really sure what they're asking for for weekly amusement. Most of them state machines, or whatever they're doing. So 1 was wondering if we could get, uh, Barbara could get some • information for us from the Clerk's office to find out what Chez Josef is planning to do with the Weekly Amusement license. Cuz I just don't see it anywhere on the application. Okay? Thank you. • i President Rheault—Okay. She heard you loud and clear. Hopefully, your mike is working. Item 12. Any_other matter that may legally come before the City Council President Rheault—Let me start from my furthest left. Councilor Young? Any other • business that may legally come before us? Legally! Councilor Young—You're testing that tonight I guess. Well, I just first congratulate my colleagues, uh, past and present on yesterday's results. Congratulations to the new Mayor who is here I guess, or still here I guess talking and the School Committee folks as • well. I'd also like to thank my wife Carla and my kids and my friends and family for their support and also the citizens of Agawam for their continued support. And we'll see everyone I guess in a couple weeks. Thank you. President Rheault—Thank you. Councilor Rossi? • Councilor Rossi—Yes, briefly, I'd just like to thank everybody and offer my congratulations to those who were successful and ...to the new Mayor success with uh, your first term, as well as the new Councilors for their first term. Uh, but just briefly, I know that the, this temporary parking ordinance is back in front of the Planning Board for them to reconvene a public hearing. But I don't believe that they have anything from us that they're happy with. I know that they've asked us to submit a more specific repeal and delete. And we have done that. But now as I understand it from the Law Department over here, he just doesn't like some of the language in there. Not that it's illegal but he just doesn't like it apparently. So I think what we need to do, I don't know if maybe Gina can uh, maybe call a meeting. We can get together. We can find out what's going on. If they don't like the language, I'm really not opposed to changing it but I do think we really need the justifications to the delete and repeal. But anyway, that can be solved. But we need to get something in front of them because they really don't have anything. President Rheault—So you have to post a meeting pretty quick. • Councilor Letellier—I got the same memo and I saw it, but the soonest we can post a meeting is Tuesday. Cuz it's Wednesday night, so that's Thursday, Friday, Monday's a holiday. So I think, and, Council President, if I'm doing the math wrong, but I think the soonest we can meet is Tuesday. Right? Cuz you post it Thursday,two days is Monday, Monday is a holiday. So Tuesday? I was thinking the same thing when I got the memo from the Law Department. President Rheault - ...forty-eight hours...Well, can you meet Tuesday? • Councilor Letellier—Yea. Sure. Zoning & Ordinance Tuesday? President Rheault- What's the date Tuesday? • i Councilor Letellier - 13"' President Rheault -Their meeting is what the 15''? Councilor Letellier - 15t11 so then we can email or fax the revised draft and see if the other councilors still want to sponsor it and have enough time to get it to them for the • 15"'. President Rheault - Well, I don't,to me I think whatever language you choose is gonna be perfectly acceptable cuz I think we're all on the same wavelength. 0 Councilor Letellier- I think we're all on the same wavelength, right. I think so. President Rheault -And I don't need to review. I trust your judgment. Councilor Letellier I was gonna say the same thing. i President Rheault- We can always modify it when it gets back to us. Councilor Rossi - Exactly I think where we're looking is the end results. I mean what difference how we, you know what language we use. 0 President Rheault—You want to set up that meeting now? Councilor Letellier— Sure. Zoning& Ordinance. Tuesday evening. Best room you can get us, 7:00? Thanks, Barbara. 0 President Rheault—All right? Simple enough. Case closed. Anything else Bob? Councilor Rossi—That's it. Thank you. President Rheault—All right. Councilor Simpson? • Councilor Simpson--Thank you. Just also would like to say congratulations to all on the election and also I'd like to um, thank everyone who supported me and uh, voted and I'm looking forward to serving you for another two years. Thank you. President Rheault—Thank you. Councilor Bitzas? Councilor Bitzas—Yes, congratulations to.all the winners and um, I would like to thank also all the people that went out to vote and special thanks and appreciation for those who vote for me. And I pledge to you again that I will disappoint you. I work with honesty, integrity and professionalism to do the best for you and what's best for our town. We have to work together to make our town going forward to the right direction. Thank you. i • President Rheault—Thank you. And the big winner, Councilor Carr Bitzas. Councilor Carr Bitzas—Thank you. Congratulations to Sue Dawson, our new Mayor to be. I look forward to that. And also congratulations to Joe Mineo, I've already congratulated everyone else up here. Good luck to all. I'll be watching you on TV. Also there's one thing I'd like to bring up. It's,maybe it's a personal thing,but I've been going to the Agawam Credit Union, many of you have for years and years and years. And uh, then it became the Holyoke Credit Union. Well, two weeks ago I went over and uh,my husband always kids with the girls in there, they like him. And uh, they're all so nice as you know. Well anyway, I didn't see any of them last week when I went to the Credit Union and I didn't see any of them this week. So I said to the girl behind the counter, where are the regular girls that work here? She said they've all uh, what's the • word, not retired, but left. They all resigned from the job. I have no idea what caused that and I don't know if anybody can look into and see. But I mean we had a nice credit union here with happy campers and now, the girls are nice there, but you don't see those familiar faces that helped you for years and years. I think it's a shame. Thanks. • President Rheault—Well, it's now the Holyoke Credit Union, I believe, that could be one of the reasons, unfortunately, but I don't know the answer but it certainly I would think a contributing factor. I'll go down to the other end now, Councilor Perry? Councilor Perry—Thank you, Mr. President. I too would like to thank first and foremost my wife and my daughters for supporting me in this campaign. They're the one who had to put up with me during the whole thing and their support means an awful lot. Um, I want to say thank you to all the people that allowed me to place signs in their yards, who came out to the polls in that God awful rain we had yesterday and held signs for me. I thank you from the bottom of my heart. Um, I want to thank all the people who went out and voted and tasted one for me. I appreciate it very much. I want to say congratulations to all the candidates who ran. To go out there and put your name and your reputation out to the public is not an easy thing to do. And all the candidates need to be applauded who helped this democratic way of ours work. Uh, there's no Iosers there. For the ones that didn't make it, don't give up. It's only two years. Come on back. My first campaign I lost in 1993. I came back in '95 and uh, I still here, so never give up and • congratulations to everyone else that's made it. I look forward to working with you the next two years and uh, congratulations to Sue. I look forward to working with you and thank you. President Rheault—Thanks. Gina? • Councilor Letellier— Well, I think we're all gonna have a lot of the same things to say. But I also want to thank everyone, uh, first of all my family that supported me emotionally and with their presence throughout the campaign. Thank you everyone that voted for me. Thank you to all the sign holders. It was miserable weather. I was out there with you um, and I had my, um ten year old cousin with me. It was his first experience with an election and he said why are people out here in this bad weather holding signs? And I said, well, you know, it a show of true friendship and support when • • the people who want to wish you well are out there in the rain to hold signs. So no matter who you held signs for, well done. It was, it was really an unpleasant day. Um, I want to thank the voters who listened to me and believed in me and are letting me continue to serve as your councilor. To my retiring colleagues, we wish you well and I know we'll have more opportunity for that later. But don't let your voice be silent. You know all of us. You have citizen's speak time. Keep, let us, you know, keep us informed of your thoughts and opinions. And um, Bob, you know got the note we all got from the City Solicitor about the zoning um, so that's pretty much it. I look forward with everybody new and old, past and present. I look forward to the new Mayor and to what I hope is more than just cooperation in name but cooperation in fact. Thank you. President RheauIt—Thank you. Councilor Mineo? • Councilor Mineo—Um, I would like to say congratulations to everybody, uh, I'd like to thank everybody who put a sign up for me, everybody who went out and voted for me, everybody who held signs and foremost I'd like to thank my family the most because they're the ones who put up with me during I call it difficult times. It's always difficult running because you know, uh, you get to the point,you're doing all this work, you want to win. And I do, my heart goes out to the folks that didn't. You uh,you're all good candidates. I agree with Dennis, don't give up. You're all good people. President Rheault—Councilor Calabrese? Councilor Calabrese—Thank you. Um, I know it's gonna sound very redundant but again, I want to thank all those supporters of people who came out and voted for me. Um, Jill welcome up on stage and uh, I'm gonna really miss our departing colleagues. Um, and to Mayor-elect, I please hope you'll keep my number handy. Feel free to call, i anytime, I'm here for you. And um, have a good night everyone. President Rheault—Thank you. Councilor Magovern? Councilor Magovern—Well I'm the only one that has something different to say. Uh, again I want to thank all my supporters that were out there. I want to thank everybody • who voted for me. Uh, I think that being on the City Council here in Agawam has been one of the highest honors and privileges that I've ever had. I've enjoyed serving the citizens of Agawam. I wish that I had come back again. I had a lot of good ideas I thought for the next two years that's not gonna happen. But again to the supporters that I did have, I thank you. And as my daughter said when she called, there's a good side to everything. And she said now, Dad, you've got more time to be a doting grandfather. So thank you very much. I appreciate the service and good luck to everybody. President Rheault—Thanks, Bob. First, I want to just read something that um, Abbey McLane presented to me this evening, this afternoon, and asked that I would read to the Councilors and the members of the public. The Agawam St. Patrick's Committee cordially invites our City Councilors and the community to join us on awards night, November 15, 2007. We are honoring Ric Sardella with our Citizen Award, Kevin • • Garvey as our Parade Marshall, Barbara Lucia as our Anne Sullivan Awardee, and a local student as our Bill Hauff's Cultural Award winner. The celebration is held at Crestview Country Club, 281 Shoemaker Lane, Agawam, with the reception at 6:30 and the program at 7:00. Hor d'.euvres,pasta station, Caesar salad and dessert will be served. My kind of food. The$20 ticket also includes entertainment and DJ. Theses awards mark a yearly milestone of honoring others and we would count it a privilege if as many councilors and community members as possible could join us for the festivities. Please • contact Lowell McLain at 789-7771 for tickets, signed by Abbey McLain. That fulfils that part of the obligation and hope that they get a good crowd. I would first be remiss if I did not welcome our new elect Mayor, Sue Dawson, and uh, with great anticipation. I'm sure we'll work in a very strong spirit of cooperation and uh, move this town of Agawam forward. Secondly, I congratulate all the members of the Council and all those • who took their papers out. Running an office is not an easy chore especially when you have to face inclement weather like we did yesterday which compounds the problem, but uh, they were brave soldiers out there all day yesterday and a lot of your volunteers and uh, you can't thank them enough in my opinion. I was fortunate this year because my grandsons are now getting old enough cuz uh, a couple of them are in their twenties, so • they took some of the burden away and I appreciate the support my family gave me as well. Welcome to Jill and uh, Paul when he shows. And to Ruth, you've had too many smiles on your face in the last couple of days, so, uh, there's a reason for that too. And Bob, it's been always a pleasure to serve with you. You've been a great Vice President and I appreciate your efforts to the town. And I know that you're gonna have input • because you're not the type of guy that's gonna stay quiet. And some of the inputs that you've already given the Council, I'm sure somebody will capitalize on it, and come forward, especially the ADIC, I think that has a lot of merit,and uh,it's got some potential. And for all of you, I uh, I have had the pleasure obviously of being the Council President for this term and look forward to working with you in whatever roll the future decides so, I want to thank you again and I.,,by the way,the cable was off this evening. • So that might have been the reason, why we had a lot less dialogue but it is taped so it will be on. Aha! See that? No I didn't want to tell you before cuz nobody would have said anything. I'll entertain a motion to adjourn. Moved by the Council, seconded by the Council. All those in favor? • Adjournment • • •