CC MTG MINUTES SEPTEMBER 17 2007 REGULAR MEETING OF THE AGAW"CITY COUNCIL
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SEPTEMBER 17, 20
President Rheault- Welcome to the September 17'h City Council meeting. We have
some citizens wishing to address the council this evening. The first being Mark Poggi.
You have five minutes from the time you start speaking. Please state your name and
address for the record.
• Item 1. Citizens'Speak Time
Mark Poggi- Good evening. My name is Mark Poggi, 681 Springfield Street. I am a
police officer for this town and have been for over twenty five years. I'm also the
president of the Police Patrolmen's Union and I'm here before the council tonight to
address a few statements made by Councilor Bitzas on the September 4t'meeting
regarding the town, rebutting the town's newly formed parking ordinance. Councilor
Bitzas said the police misinterpreted the ordinance. This is false. Number one no
violations for this ordinance have ever been written by the police department. Number
two as far as the tag sale on Poplar Street and the people parking in the Sacred Heart
parking lot, the police officer who is in attendance tonight went there and advised these
people they were in violation and could be cited for this violation, but they weren't and
the cars were moved. Unfortunately, the tag sale was shut down for that day but that is
part of the ordinance. Third,the Blood Mobile at the St. John's parking lot,that's the
same thing as the tag sale. The police officer was checking to see if it was part of a
church-sponsored event, it was and no citation was given. Keep in mind that this is the
ordinance that you passed. If you don't want it enforced, then maybe it shouldn't have
been passed. So if we didn't cite anyone, how can we.'..how can we be misinterpreting
this law? The ramifications being felt and heard now are your problem. You created this
ordinance. We are sworn and paid by the city to enforce state laws and city ordinances.
Now Councilor Bitzas, at the last meeting the Mayor,you said the mayor wants to
• exempt municipal properties, schools, and churches from having to apply for a permit to
this ordinance. For a permit for this ordinance... does that mean public safety doesn't
apply to these organizations? Because after all,.public safety is the only reason why this
ordinance was adopted. Even though there are no sidewalks anywhere near Six Flags and
the people that live in that area still walking on the main street whether or not the park is
• open. If anyone...is anyone concerned for their safety? Several years ago,the safety
officer for the police department recommended a sidewalk for this end of Main Street.
Where is it? But doesn't public safety matter back then? Finally, Councilor Bitzas, I
don't know where you work or what you do but I work in a para-military department
setting. This means there's a rank structure; a chain of command and orders are given
either orally or written form for every shift. And unless an order is so outrageously
wrong, I have no choice but to carry it out and question later. You can ask Councilor
Rossi what would have happened if he gave me an order as a Police Lieutenant and I
refused. Thank you. (APPLAUSE)
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President Rheault- Thank you. Anthony Grasso.
0 Anthony Grasso- Good evening, city council. My name is Anthony Grasso, 681
Springfield Street,Agawam. I've been employed by the Town of Agawam as a police
officer for over eleven years. I come here this evening not just as an employee but also
as a taxpayer and a resident of the city which I have lived in my entire life. As an
employee, I am asking for the support of the town citizens and the members of this
0 council; to support the Patrolmen's Union and our fight for a contract which is
comparative in salary with the surrounding and area police departments. As to Mayor
Cohen's comments with the newspaper stating the top earning patrolman last year had a
gross salary of$86,365.00, the Mayor failed to report that this patrolman's gross salary
consisted of one and a half year of retro pay owed him from the ratifying of the last
! contract,two years of educational incentive pay which was agreed upon on the last
contract, stipends, overtime and outside details which becomes a second job for most
officers. Unfortunately, most of us have to work overtime and outside details to make
decent living and support our families. We are not different than any other person who
wants to provide a good living for their family. The Mayor also failed to inform the
residents of Agawam as.you are well aware of that the town also makes a ten percent
earning from outside details worked by the police department involving private
contract..contractors which goes into the town's general fund. One of our officers had
logged over 800 extra hours which consisted of overtime and outside detail work last
year. This amount of time is equivalent to an extra twenty works of week for this officer
concerning being forty hours a week. Quoting Councilor Vice President to the Agawam
Advertiser on March 1, 2007 regards to salary raises for the Mayor and Council,he stated
and I quote, "How we came to these numbers was by combining all cities and towns of
comparable size so we can get our own salaries for these positions into line. To do this
job correct, these positions deserve the proper amount of payment."Unquote. Therefore,
the Patrolmen's Union asks only the same in parity with our salary. And as a resident
and taxpayer of this town, I am discontented the leadership of this government and the
direction this town is heading. On Election Day, I can guarantee...l can guarantee you, I
will be casting a vote for both the change in leadership and direction for this town.
Thank you. (APPLAUSE)
0 President Rheault- Gary O'Brien
Gary O'Brien—Good evening Councilors. Pm Gary O'Brien and I work for the
Agawam Police Department. I've worked there for almost twenty-five years now. I'm
also a resident of this town, I Iive in Feeding Hills. Well I'd like to talk about our pay
• and that's pretty much why we're here tonight. What I'm going to use is the Broken
Window theory and many people are quite familiar with that. What starts out as one
broken window on a building not being repaired eventually turns into all its windows
being broken and the building reduced to useless space. This has become the case with
the Agawam Police Department. Thirty years ago, the Agawam Police Department had a
canine unit. Thirty years ago, the Agawam Police Department utilized dirt bikes and all
terrain cycles to enforce recreation laws. Numerous complaints such as those that
originate from residents surrounding the sandpit located between Silver Street and Route
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57 go unanswered. Thirty years ago,the Agawam Police had a minimum of five patrol
• officers assigned to.the evening shift with 100% replacement in the event of a vacancy.
Our minimum manning is four officers during the week and five on the weekends right
now. Cruisers are driven over 100,000 miles before being replaced. Maintenance and
safety of the vehicles has been an ongoing issue. Tires are often driven until they are
bald. Snow tires are being used during the summer months. Dispatch desk calls for two
• people. On some shifts, only one person is assigned to the dispatch. The days when two
are assigned to dispatch and he or she is unable to report to work,their position goes
unfilled. The police station operated with...... for years, a fence that is bent, twisted and
rusted that was left over from the days when our building served as a school. The
driveway is cracked and made up of numerous patches. Recovered bicycles litter the .
yard and are stored unprotected. Exterior lighting is sparse. The flood light on the front
of the building has been out for too long and the American flag has been sitting in
darkness. In the summer months, the building has weeds all around the foundation. The
closed down abandoned Police Academy has a close resemblance to our Police
Department. Last week, the Mayor...our Mayor was on the Brad and Bowe radio show.
He said Agawam officers receive overtime pay, educational pay,road job pay and court
• time. These items mentioned are available to every police department in Massachusetts.
He mentioned that the town bought bullet proof vests. The vest money was allocated
from a class action lawsuit settled against the bullet proof vest manufacturer, along with
State grant money. He boasted about purchasing three new cruisers and three, and uh,
new guns. New cruisers are the equivalent to a sanitation worker receiving a new
• garbage truck. The cost of the new.....was paid from leftover money allocated from the
new bullet proof vests. The Agawam Police Department is the lowest paid police
department in the area with the exception of Easthampton, which is half our size. The
things I've just mentioned have degraded our department and taken away from the
morale and our mission as police officers. We don't have to be the lowest paid of all
• surrounding departments. We just want parity with others. We hope the council will
support us in our time of need. Today,I just heard,just learned that uh, we just got
notified from the Federal Court that we, uh, we won a lawsuit that was fled back in 2001.
During 2001, we filed a lawsuit that the town was not paying our overtime properly. We
notified the town. We were willing to forego the lawsuit and just start paying us
properly. The fight was on. From then on this thing went back and forth between the
courts. It went to the First Circuit Court of Appeals. The First Circuit Court of Appeals
reaffirmed what we initially alleged—that they were not paying us properly. Today, the
town was given an order from the Federal Court Judge Poncer, ordering them to pay
$329,000.00 in back pay for overtime that was not paid properly. This is what we had to
go through to get pay that we had coming to us. I'll leave you with this one last thought.
• During the Nuremburg trials, Head Judge Colonel Jeffrey Lawrence,made a profound
statement regarding leadership and authority. "There are those who are told you can use
their positions to expand their organization and grow, and there are those who use their
authority to swell." Thank you.
• President Rheault- Thank you Gary. Billy Chester.
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Billy Chester- Billy Chester of 320 Barry Street. Good evening Councilors. First I
i want to thank both Councilors who voted against the Captain Leonard House receiving
any CPA funds. They will...I'm sure they'll be returning to the Council and perhaps to
the new council asking for more money again. I hope the Council remains steadfast and
refuse them again. Maybe they'll get the message that they're not in charge of taxpayers'
money period. If possible, it would be nice if the Council would pass a Resolution
• exempting from the CPA tax, the first hundred thousand dollars on property evaluations
thereby reducing the CPA to the property owners. If you do this,then do not increase the
percentage rate when exempting the hundred thousand dollar exemption. The other issue
is concerning the sewer project. Two meetings ago during the Senior Center project
discussion, Ms. Placzek stated that the cost of the sewer project would be paid for by the
individuals in Feeding Hills and not by the town as a whole. This tax burden to these
individuals would be astronomical. Even though it would be done in phases, the cost
would be according to capital expenditures for the capital budget is 3l.million dollars
plus plus15 million dollars more for bond interest for a total of 45 to 50 million dollars
plus for the whole project, which she wants the people of Feeding Hills to pay for in their
tax bills. This is absurd! Is Ms.Placzek the new lawmaker in the town? Is she going to
• pick and choose who is going to pay for what in this town? Well, Councilors do not let
some clerk come before you, before this body, and start making policies that is not her
job to do so. The whole town is to bear the cost like they do all other capital expenditure
projects. Thank you very much.
• President Rheault- Thank you. Michael Palazzi.
Michael Palazzi - Michael Palazzi, 36 Trinity Terrace, Agawam. Good evening
Council. I am here to discuss the Parking Ordinance. As you all know, I've spent
numerous hours working on obtaining the parking permit on behalf of my business and
• other businesses in the town. As a result of this, the function of my own business has
been compromised. Additionally, I have retained counsel to assist with the defense of my
rights as a business owner. Isn't it a bit ironic that now that the Big E is in town, some
permits were obtained in a timely fashion? In fact, some lots in town are parking even
without a permit. Are they being fined? Even the criteria for meeting the requirements
• for the permit to park the Big E patrons were more lenient. For example, having marked
pedestrian walkways from the parking lot to the sidewalk was not required. In fact,to us
it was. What about the safety of pedestrians crossing Walnut Street Ext. intersections at
the extension of the intersection? There appears no safety officer there. The Agawam
side street around the Big E were flooded with parked cars. It seems like a safety hazard.
I called the Building Inspector and the police department reporting these issues. To my
• knowledge,nothing was done. I feel like I'm being treated unfairly and I feel like I do
not need this permit because of the nature of my business, storing cars, boats, and RV's.
When 1 had to appear in court in July because of the fines I incurred,the court magistrate
pointed out that any existing business with a parking lot should not fall under a temporary
parking by-law. I strongly feel that this ridiculous parking amendment was initiated by
• Six Flags assisted by the Mayor and it is quite obvious that money, not safety, is the
motive for the ordinance in the Amendment. I'm asking the Council this evening to
please rescind this Amendment as soon as legally possible. Thank you.
•
President Rheault- Tony Cirillo.
Tony Cirillo- Tony Cirillo, uh, 986 Main Street, Agawam. Here we go again. Different
rules for different people. When the parking ordinance was in effect, we had a police
cruiser driving up and down from Twisty's to 1744 Main Street every fifteen minutes
looking for a car there so they could ticket me, Mike or Tony Veilleux. The Big E is here
and there has been cars parked at the Middle School with no permits granted instead of
by the Mayor. Food Mart with a twenty eight wait period never waited. Its also wished
to set the record straight with any residents from Main Street. My property is on 1744
Main Street zoned business industrial. All the houses on the left hand side of me are all
zoned business. They are residents, the people there are residential...there is another
business down the street from me. When you live directly across the street from the
biggest amusement park on the east coast, you expect traffic. You expect people
walking, you expect noise. My property when I was parking cars,there was a lot of
people in the lot but there was also a lot of people walking across my house who parked
their car down the street farther and it looked Iike the people were walking from my
• house. If this is such a safety factor, then I want someone to explain to me when I run my
business Twisty's, I have over a hundred people walking in front of my business every
day. Kids, mothers with strollers, teenagers,the whole nine yards. On the rode walking
to Six Flags, not sidewalks, and a breakdown lane about two feet long. And at night,
these people are coming down from Six Flags on the other side of the road with little or
not light. And uh, if there should be a safety factor here, or a safety issue, it should be on
both sides of that bridge. Not just up by me, Mike, Tony, it should be down by Twisty's,
River Road, and South Street. I mean, fixing half the problem isn't going to solve it. It's
got to be fixed altogether or left alone. On uh, I think, I believe, September a somebody
on this committee mentioned they'd like to take my, uh, business zoning away from me
on my property and drop it down to residential. I don't, uh, I can't figure that out
because it doesn't make any sense. Either the person is very clueless or he's uh,very
desperate, he's doing very desperate measures to help somebody out who's across the
street from me. My property is right now rented as a two family house. I really don't
care if I park cars any more. I didn't buy that property to park cars. It just happened.
That wasn't my intention. It's a zoned piece of property and I am gonna open a business.
Maybe not a parking business, but I really don't care. I care for Mike and Tony who've
been parking cars for twenty years and all of a sudden they get jumped on by Six Flags
and your committee about stopping them. They should be parking cars. I really don't
care if I park cars. I don't need the money. Like I said, I didn't buy that property to park
cars. I am going.. I'm in the midst right now of starting another business there and it's
not parking cars. But I feel I was treated so wrong by Six Flags with bully tactics and
this committee who went along with them. It's a shame that somebody in this town can
have that much power over somebody else. When Mr. Shapiro got on the stand, he said
you people, I pay three million dollars tax. Well, they own a big piece of property up
there and they probably should pay a lot more than three million dollars in my opinion.
I'm one little guy and I play close to a hundred thousand dollars in this town. But I don't
go up here and say I pay a hundred thousand so I want to be treated better than everybody
else. I just want to be on a level playing field. And I think what's gone over here, is a
•
circus. It should never have happened. When you people didn't say nothing for Suffield
Street and people parking cars for sixty years that I can remember parking cars, never a
citation was given. It was a non event. All of a sudden, I start parking cars and
everything hit the fan. A few people pushed it, and he knows who he is, and I know who
he is but regardless. So, like I said,to me I don't really care anymore, it's a non event,
but I, I think Mike and Tony should be able to park cars there because they deserve it.
They've been working a long time, they're hard workers, almost as hard as me,but they
work hard. And uh,they should be able to park cars. To me, it doesn't matter any more.
It was, but I don't like the way I was treated by this town. I'm a resident of this town and
I got just as much rights as Six Flags and everybody else. I think a lot of my rights were
taken away and I was treated with discrimination in this town, by a lot of people,
including the Mayor, and including a few people on this board. But, uh, when somebody
• says they want to take my zoning rights away from my house, try it, because this town's
got enough suits. One more maybe doesn't matter,but maybe it does. Thank you.
President Rheault- Larry Litton.
Larry Litton- Good evening. I'm Larry Littton, 1623 Main Street from Six Flags. I'll
try and be brief It's disappointing to me but not surprising that I'm back here in front of
you again, Uh, it's unfortunate that this whole thing has turned into the huge and all-
encompassing affair that's it turned into. That certainly was never my intent but I'm also
not embarrassed by the fact that I did go to this Council and I did go to the Mayor and
asked them to look into a safe..a situation that I thought was unsafe. So what I really
want to do is again clarify our position in where we were because I think we're being
accussed of many things that we're not. I think we're good for the town. I think the
town's been good to us and I think that should be acknowledged. I don't we should be
demonized over this particular series of events. Uh, to say that, you know, safety should
either be, you should either allow unsafe behavior to continue, or enforce it fairly across
the board I think is a very accurate statement. It's one of the few things that Mr. Cirillo
said that I agree with. Uh, I don't think we can pick and choose, you know, who we
should allow to be safe and who we should not. When I approached the city, I never
asked anyone to shut down any business. I met with many of you individually, what I did
ask is that the situation be looked into and that people either be required to (a) be licensed
to run a business to park cars if they were going to do it and (b) that there be stipulations
be put into place that would force them to do it safely. I talked with Mr. Palazzi before
the meeting. He's been very cordial to me. I appreciate that, I don't think there has to all
the venom in this issue that there is. Uh, if Mr. Palazzi can park cars, if he can meet
ingress and egress issues, if he can get people safely out of his parking lot. I have no
problem with him parking cars. I've said that all along and I don't think I'm inconsistent
in saying it tonight. Uh, that's really all I ask the town when I approached the town was
can you please regulate this, uh. The formal ordinance was unenforceable, it was one
line. It really meant nothing. It was a housing ordinance that didn't allow for any
stipulations at all for safety. I simply asked that it be looked at and some specific
requirements be, be stipulated so people could do it safely. Again, it's not about the
revenue that we lose from the parking. We do lose revenue. I... there's no question
about that. But that's not my concern. My concern is someone getting hurt or God
forbid getting killed. It's happened at another Six Flags park and that would have a huge
impact on my revenue. Uh, basically all I ask is that you be cautious when you decide
how to proceed with this. Uh, the ordinance has done some good. No one can walk or
drive up or down Main Street right now and tell the that it's not a much safer, much
better environment. That's not to say that there aren't things that could be changed that
would make it safe and allow some of these people to continue to operate their business.
But they clearly needed to modify the way they were operating their business. Uh,
essentially, no matter what you do,the Big E, is gonna come and gone. I know that's a
great concern and it certainly was not something I had thought about or was concerned
about when I approached you. But there's time to do this and do it prudently. Uh,
basically, you have two choices. You can repeal the entire ordinance and start over or
you can take you time and evaluate the situation and look at if there isn't ways to amend
• the ordinance that's currently in place to continue the good things it has done. I feel it's
helped on Main Street. I assume it's helped in some situations on the Big E and it's
probably caused some hardships down there too. I don't think anyone's ever suggested
that uh, churches, municipal buildings, non-profit organizations be exempt from being
safe. I think they've only suggested that they be exempt from the fee and that's logically,
i and we support that as well. Uh, you know, probably the most often used definition of
insanity that I've heard in the last five years, is when you keep doing the same thing and
expect a different result. To go back to the old ordinance, in my mind, is insane. You're
going to get the same results you had before and safety was an issue before not only
across from Six Flags but in other areas of the town. But to amend the ordinance,put
certain requirements, there's quote in the paper this morning... Ms. Simpson suggested
that if you have a parking lot, you can park. If you have a car, you can't drive. You have
to be licensed, you have to, uh, know what you're doing,you have to operate your
vehicle safely. Uh, Gina mentioned, and I apologize I don't know how to pronounce
your last name. I mean you no disrespect, but, uh, Gina suggested in the paper this
morning that if you're pre-approved,you can park. That, I don't know what that means,
you know, uh, uh...Mr. Rheault wanted to give the board discretion in giving these
permits. There's always been great talk about the lawsuits against the town. If you want
a lawsuit against the town, you make something discretionary and give the assurance that
there is favoritism or you are picking and choosing who can do it. I don't think that's the
answer either. I've got to believe everyone involved from the beginning has been well
intended. Most, if not all of you, are very accomplished,both personally and
professionally. I've got to believe that over the winter you can come up with a solution
to this without going back to what we had before which was a poorly written ordinance
that was, for all intents and purposes, unenforceable. I believe that's why Ms. Simpson
voted against it in the first place because she thought the old one wasn't enforced, why
would we enforce the new one? Uh, there's just gotta be away that intelligent people can
work together and resolve this and keep it safe for the community and allow good
business people to park cars, if they meet specific criteria. They'll allow them to do it in
a safe fashion.
0 President Rheault Thirty seconds, Larry.
•
Larry Litton- All right. I'm finished. I just ask that you please think this through and
you please do the right thing because there is a need for safety. Thank you.
•
President Rheault- Clerk please call the roll.
Item 2. Roll Call
• Eleven members were present.
President Rheault- Thank you. We have eleven—full council.
Item 3. Moment of lence_and the Pledge,of Allegiance
Please rise for a moment of silence and the Pledge of Allegiance.
Item 4. Minutes
• There are no minutes.
Item S. Declaration from Council President
President Rheault- I just want to remind the Council that we do now have a new clerk
• and from Wednesday, Thursday and Friday, I spent a great deal of time and I must say
that her performance has been outstanding so far. We've got a couple of things
implemented that are much easier for the Council to go forward with. And if there are
any suggestions from the Council's part, I'd be more than happy to accept them and if
they're beneficial to the full Council, we'll implement them. So, the door is open and
ideas are welcome.
Item 6 Presentation of Petitions,Memorials & Remonstrances
(a) Resolutions
1. TR_-2007-32—A Resolution in Support of the Mass ReSycles Paper!
• Campaign - Moved by Councilor Simpson, seconded by Councilor
Bitzas. Is there any discussion on it? I should say is attached,Councilor
Letellier.
Councilor Letellier- Just a quick question, if I may. I read this and I think it's a great
idea and I'm wondering as a business owner in town, if that means that I'll get recycle
• bins or if the town's thought about giving recycle bins to businesses. Um..because I think
that would also help the recycling efforts as well. I can't tell you how must paper we get
rid of that I'd be really happy to recycle. And I can't be the only one that thinks that way.
So I don't know, it's just a question. I'm not sure if it goes to the Mayor or to Jack Stone,
or whomever.
+ President Rheault- Well, I would think we're going to have to address it. We'll
address it to the Mayor.
• Councilor Letellier—Okay. Barbara, do you mind just jotting a quick letter to the
Mayor? Thanks, Barb. Thank you.
President Rheault - Thank you. If you are in favor of the Resolution that's attached.
All those in favor?
VOICE VOTE—Unanimous.
President Rheault--All those opposed? Item is passed unanimous.
Item 7. Retort of Council Committees
•
None.
.Item 8. Elections
• None.
Item 9. Public Hearings
1. PH-2007-9 (TOR-2007-5) - An Ordinance to Amend to Code of the Town of
• Agawam, Ch. 180, Art. VIII, §180-44-E, Maximum Allowed Gallon of Gasoline Storage
(Coups. Perry) (Tabled on 6/4/07) (Ref, to Planning Board on 6/18/07) (Ref. to Planning
Board for Hearing on 8/6/07) (Public Hearing Opened and Continued on 8/6/07)
(Continue Public Hearing)
• President Rheault—I will open the continuation of the public hearing. Mr. Bolduc is
here to address the Council. Turn that microphone on please. .Thank you.
Bob Bolduc—I'll be brief, um, I'm Bob Bolduc. I am the owner of Pride but I am not
here tonight with a request by that company. I'm here representing a group of individuals
who have proposed a change to the by-law, section, well the section that you, uh, you
• referred to 180-44-Section E. This question has come back as you know; it was, uh, I
was here once before last year, and um, I didn't explain it properly. I apologize for
taking your time then and I thank you for giving me time to give a go at it again. I had
clearly got what I said, I didn't explain it properly. There were questions then that this
was an issue about competition. It has nothing to do with that. This is a public safety
• issue. The plain fact is: small tanks require small deliveries and lots of them—
sometimes at the wrong time. Um, as 1, 1 gave a handout; I'd like to go through that
earlier. But first I want to give you an overview of why I'm here and what the problem is
all about. Um, basically this is any antiquated wording in the by-law which limits the
storage of any gasoline station to 30,000 gallons. Um,no one seems to know when it was
in there, but I suggest it was put in there a long time ago. In the old days, a half a million
gallon per year gas station was great. If you sold a half a million gallons, everyone was
happy. The fact is that now gas stations sell five million gallons a year. This is ten times
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what we sold years ago. None of us in the industry anticipated this change. We're all
changing our, the way we run our businesses to meet this demand and I suggest to you
that this law, that tiny two little words in there, 30,000 gallons, needs to be changed also.
If you look at it from a larger standpoint in our country,we've all seen the bridge that fell
recently. We know we're all tied up on roads. We know that our airports are congested
and there's articles about that all the time. Train stations are old and dirty and cramped.
And the fact is that everything that was built in the United States in the last fifty years
i really needs an update now uh, to carry us into the future and to satisfy the demands of
the public today. And I suggest to you that this change that I'm, that's being proposed by
these residents is um, falls in line with that. If,you would be kind enough to go to the
cover page that I, uh in the hand out that I've provided to you. The one that has um, the
very cover. And just for a minute I'd like to walk you through the numbers so you see
• how and why we have a problem. The total storage as we say is 30,000 gallons and that's .
on page A. You'll see the underlined section; it's those few little words in there. But
here's how it works. Basically, uh all stations have no-lead, super and diesel and you see
that on the cover page. So let's say with 30,000 gallons and you have three tanks in one
of 10,000 gallons each. You can't use the top ten percent because by DEP regulations
i you have to leave that available incase there's an overfill. So when the tank gets ninety
percent full, it shuts off and it's connected to the truck and it shuts down the truck so
there can be no spillage. And you can't use the bottom ten percent because if there's any
problems in the tank, you wouldn't want to pick those up. So that makes each tank down
to a useable 8,000 gallons. So now if you see the next figure in the square there with
• 8,000 gallons no-lead in it, and I tell you that on a busy day, at one of the high volume
stations that we all know and frequent, it takes three loads to satisfy the demands of that
day. So you're putting three trucks of 8,600 gallons each into one 8,000 gallon tank.
This means you have to deliver a load even if the yard is congested, even if it's 2:00 on
Saturday afternoon or 10:00 Saturday morning, and the intersection is backed up with
i traffic, you have no choice but to bring a tanker in there. And then to do it again a few
hours later, otherwise you're gonna have a station that's out of gas. The solution is as
you go further down the page; add one tank at 15,000 gallons and to do this,the
minimum change...the maximum that's in the by-law has to be changed from 30 to 45 or
50, so you can now make a delivery when it's safe. This is strictly a public safety issue.
This time because this request went through the entire procedure in your town, we now
i have a better explanation of the problem and I hope I've done a better job explaining it
this time. And we have recommendations attached in that package, as you'll see them,
numbered D through G, by the State Fire Marshall, by Chief Mercadante, by Mr. Stone,
in DPW, by the Planning Department, and I've been before Planning in my history with
this town many times, and I have never gotten a unanimous recommendation in favor.
0 And finally,by the Police, Sargeant Niles, has changed his statement to wherein now I
quote, "I do not have a ...an issue with increasing the present zoning regulation." He
then puts on some restrictions which you may put on. I suggest to you those would be
put on in individual cases later on and that's not the issue of the by-law because if this
by-law were changed,neither our company nor any company would be able to come
i back..would be able to go out and put another tank in tomorrow. Because let me tell you
what the procedure is. If you now look at Tab B, you'll see what the town procedures
are. They require that before you can put in a tank, you have to get a permit from the
•
Building Department and it has to be approved by the Fire Chief. That you have to notify
all the abutters and that there's a Public Hearing here in front of all of you, and you.get to
decide. So, there are a lot of...by changing the zoning by-law, you are not giving up any
control, you are simply allowing an applicant to apply and then go through this still
lengthy procedure. On top of that, if you look at Tab C, you'll see there are state Fire
Marshall requirements that also have to be met and until those are met, one cannot put a
tank in either. So you have a very strong overlay of other regulations that will control
tanks for you. So in conclusion, I'd like to say that there is a serious problem affecting
public safety with the cap of 30,000 gallons. It is understandable how it happened years
ago, but the times have changed and I suggest that its time has changed. There's a very
simple solution and that it you change the by-law. This will not cost the town a penny
and how many times can you get to improve public safety without a penny outlay?
There's no down side—only up sides. And finally, I thank you for your time in allowing
me to present this more clearly. I'd be happy to answer any questions.
President Rheault— Questions from Councilor Letellier.
i Councilor Letellier--Yes. Hi Mr. Bolduc. How are you?
Bob Bolduc—Fine. Thank you.
Councilor Letellier—I seem to recall that the last time we had a public hearing on this
matter; you indicated you spoke for all the gas stations in town. And then I asked you
specifically who of the other gas station owners in town were here to support you, and
you said none. This evening you said that you represent a group of individuals. Who are
those individuals? Who else is part of this application?
Bob Bolduc - Yes, um in order to be here before you, we learned what the procedure
was and that it that we had to get ten signatures on a petition to change a by-law in this
town. We got over twenty, I think, and eighteen qualified.
Councilor Letellier—And, of those eighteen, how many are gas station owners?
Bob Bolduc—None.
Councilor Letellier—Okay. Thank you.
Bob Bolduc - Or I shouldn't say. I don't know, ma'am,because I didn't go out and get
the signatures, so I don't really know.
Councilor Letellier—But you do know who the other, your competitors are and who
owns the stations in town, right?
Bob Bolduc - I know who their companies are. I do not know the individuals.
Councilor Letellier - You wouldn't recognize their signatures? Or their name?
•
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• Bob Bolduc - Absolutely none.
Councillor Letellier-Okay. You also said that Mr.,... that you quoted from the letter
from Sergeant Niles, but you completely forgot to add the second half of the sentence
which says "I do have concerns regarding a negative impact on pedestrian,bicycle and/or
motor vehicle traffic safety a super-sized gas station may create." So I think if you want
• to be fair and quote someone, you should quote the whole sentence.
Bob Bolduc—The reason I didn't quote that is that I did say that he added restrictions,
and those restrictions and those restrictions would not come up tonight. They would
come up if and when any applicant were to come back for an individual application, then
• those, what he said, the particular station, super big, super busy, would kick in. But that's
not the issue tonight. Remember there's, tonight does not grant anyone the ability to put
in a tank. It only gives them the ability to apply and then Sgt. Niles can have all, can
have his,would be able to puff on any restrictions he wants to. Which incidentally, I
would have no problem with if I were to come back before you.
•
Councilor Letellier- But again, you're the only gas station owner that's seeking this
change publicly. Correct?
Bob Bolduc— At this time,yes. And the reason is, as you know, we have a very busy
station and we have to bring the big trucks in at a very busy time right now.
Councilor Letellier- Thank you, sir.
President Rheault- Counsilor Rossi.
• Counsilor Rossi - Yes, um Mr. Bolduc. The last time you were here, we addressed the
issue of public safety. You had made it of public safety at that time and again, you're
making it a public safety issue for the increase. And the, uh, the deliveries were in
question, as to the amount of deliveries and the time of day of deliveries. And I think it
was agreed upon that you are the person who has the trucks, who makes the deliveries,
and therefore it is your scheduling which bring them in there. I understand that there are
times that you would have to bring them in there. But, uh,just exactly, why is it a safety
issue. I mean the trucks are inside your property. They're not on the street making the
delivery. Urn, you certainly can make your deliveries any time you want. They're your
trucks,you can schedule any way you want. And you also said, when... the last time you
• were here, that.the amount of deliveries would not change even if you had an increase in
the size of your tanks. So I fail to see where this is a public safety issue.
Bob Bolduc - That's a good question. Here's why. There's several answers. If you
would go to the cover page...
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Counsilor Rossi--This one?
•
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Bob Bolduc—Yes. See the square there that says 8,000 gallons no NL?
Cousilor Rossi - I do.
Bob Bolduc - That represents the 8,000 gallon no lead tank. Now we need to fill that
and then to the right of that it says `typical busy day, trucks 1, 2 and 3'. Each with 8600
gallons. On a typical average Friday or Saturday, we need to deliver those three loads of
8600 gallons. Now, we can't put `em all in there overnight because one truck alone
overfills the tank. So we have to wait til the tank runs down. Remember, we're only
dealing with any eighty...8000 gallon. We've got three of them but we're only dealing
with any eight thousand gallon. So..
Councilor Rossi—Why...go head...
•
Bob Bolduc - So, yes we can ship it in when we want. So let's just say, we bring `em all
in the morning or in the middle of the night when it's quiet. They won't fit`cuz the tank
only holds eight thousand.
Councilor Rossi- I understand as much, I think my question is that once these tanker
trucks are on your property, and tanker trucks only hold 86,000 gallons.
Bob Bolduc--Right.
• Coucilor Rossi- That's the most by law'that they're allowed to carry. But when they're
on your property filling your tanks, how is that affecting the street, vehicular, and
pedestrian traffic? How is it affecting that? Making it a public safety issue?
Bob Bolduc - Okay. Okay. When we designed that station, the station is well over an
• acre and because, and you brought up a good point,that I haven't made clear. And thank
you very much for bringing it up. The station is well over an acre but there's another
regulation in this town that said because we have a driveup window, we had to have fifty
parking spaces. Now, that's a town regulation and in a way, it's kind of contradictory
because if you have a drive up window, you shouldn't need fifty spaces because people
are driving up. You should need fewer spaces. But because of a quirk in this town's
regulations, we needed fifty spaces. Which means we had to take half the lot and set it
aside for fifty spaces which we did. That forced the station and the canopy and the tank
area into the other half of the property. So now, in our case, when that truck comes in,
it's fighting for space right up near the gas pumps. Cuz that's where the tanks are, cuz
there.was no room left after we had already segregated half the lot for fifty parking
• spaces.
Councilor Rossi—Mr. Bolduc. Please. Those tanks and that canopy, have been in that
spot since the existence of that building.
• Mr. Bolduc - Correct.
•
Councilor Rossi - And that parking lot that you added for fifty slots are because you had
bought property from the rear that was adjacent to your property.
Mr. Bolduc—Correct.
Councilor Rossi- So it wasn't that your property, your canopies, or your tanks, HAD to
be built there, they WERE there. The other thing if you want to talk...
•
Mr. Bolduc—No, they weren't there. We put it...that was all design that was approved
by...
Councilor Rossi - You mean to tell me those tanks weren't there for the existence of
that building?
Mr. Bolduc—Everything was put in new five years ago.
Councilor Rossi- We those tanks in the same location that they're in right now?
•
Mr. Bolduc—Yea. The tanks are...
Councilor Rossi—Okay. Then don't tell me, please, don't tell me that they're not.
Mr. Bolduc—I thought you meant that they were the original...
Councilor Rossi—No. The tanks were there. I understand that you put new tanks in but
you put them in at the exact same place that they were originally and that building and
the canopy was there, as it was originally. The fifty parking places that you talk of a
quirk in our law,were added because you bought the property adjacent to the property
that you owned. Now if you want to talk about a quirky law, let's talk about the law that
they implemented or the restrictions they implemented when you got that permit to
occupy that and that is that entrance and exit that you have on Springfield Street, which is
fifty nine feet, I might add, from the intersection. It was supposed to be for an entrance
only, and not an exit. Now, that little, dinky little sign that we have on a treebelt over
• there, that Iittle planting over there, is just not working. Those signs that you..you've
painted on there,the arrows,that show entrance only, has been Iong since faded. So if
you're here telling me that your concern is for public safety,then why haven't you as the
owner of that property, done more to ensure that those people do not exit like your permit
allowed you to when you first went in there? Because they have to exit that place and
sometimes they go across two lanes to get to that left turn only lane, which causes a lot of
congestion and a lot of confusion by drivers. Now I've seen and you've seen it, and I
know you know it exists `cuz everyone who travels that area knows it exists.
Mr. Bolduc - I'd be happy to answer that. We have gone before the Planning Board,
• and DPW at least four times for a full review and each time we've made all the
recommendations that the Planning and Engineering and Building Departments have
asked for to the letter. And I can tell you that your various department heads are very
•
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good and they physically come out and check to make sure that everything is done. As
• for the striping,that's done every year and it was done this year also and it's new. You
may be thinking of something else, but it was done again this year also. And everything
has been to the letter and l would suggest that you come out there because your
department heads are doing a good job at enforcing it. And your engineering, DPW and
traffic people have been holding to some very severe requirements. And we've met them
• all and we've cooperated which is how we got to where we are now. And, I think,that
the problems that you're talking about were problems that existed maybe before...but
they have been resolved with the last set of changes that we've made there and things go
quite smoothly there now. Because we made a lot of changes in the last year, and I'll be
happy to get with you personally and show you the plans that are approved by them dated
'07 and you'll see that we've implemented those changes. There's been a lot of changes
since then.
Councilor Rossi - I don't know about the changes that you're talking about. All I know
about is what I see there. And I've been by there as earlier as today, as those arrows that
you talk about that are freshly painted once a year, are now almost non-existent. If
• people continue to exist that, and that is an entrance only, and when you got the
occupancy permit for that business up there, it was stipulated that that was an entrance
only. Now, I know that you know and everyone else in the sound of my voice,that
people exit from that and nothing is done. So there's little to no enforcement and there's
little to no caring upon you as the owner to ensure public safety. So if you're here talking
• about public safety...let's talk about public safety.
Councilor Perry—Point of Order, Mr. President. Point of Order.
President Rheault—What's your point?
•
Councilor Perry--Is there a question towards the...the ordinance before us with the
increase in tank size?...
Councilor Rossi—Yes it is. He made it a public safety issue....
Councilor Perry— if I may through the Chair,
putting the man...he..he's met all
the regulations as far as the safety regulations. He's told you that. It's up to the Police
Department to enforce if people are crossing the street. He can't go out there and stop
them from crossing lanes. This is ridiculous questioning. I'm sorry.
Councilor Rossi—Mr. President. Mr. Bolduc made this a safety issue saying that the
increase in tank size is a safety factor.
Councilor Perry - Correct. It had nothing to do with the ingress and egress of his
station in regards to his customers.
•
•
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Councilor Rossi—All I asked Mr. Bolduc was if he was that concerned about the public
safety issue, then why hasn't that been addressed by him as the owner of the property?
That was the question.
Council Perry—And he explained it as...
Bob Bolduc—I'd be happy to answer it further, if I may.
President Rheault— One more time.
Bob Bolduc—Okay,thank you. The changes...if you would like some more changes
there, I will be happy to make the changes for you. In fact, as Sgt.Niles,recommended, if
• this change were to go through, then I will be back here asking for it to apply to that
station, and you may put on whatever restrictions you want at that time, and we will do
them just like we've done every other change that's ...we've been asked to do. So,
frankly, if this law passes tonight, everyone has another opportunity to enforce even more
changes and design changes on us, which I will be happy to do. And work with you,and
all of the department heads just like we have done for the last five years, because every
time we've needed to do anything, we have had to go back before the town to go through
the entire process again, and we have and we've complied. And that's why I stand before
you today and I'd be happy to do it again. And you'll have a shot at me because right
now I can't even come before you. And then we'll talk about that one and we'll fix it
0 then. As for public safety, you say I'm making an issue. If you read the comments of the
fire department and the state fire marshal, and planning, and DPW,they all saw its public
is safety. I'm only four different letters.
President Rheault—Councilor Simpson
0 Councilor Rossi—If you would, would you be willing to have a curb cut on that if
your...
Bob Bolduc—Sure. I'll meet..I ...I'd like....Here's what I'll do. I would meet with you
and eng...your..and uh, town engineering and DHP, which is our firm which is the best
0 and most respected firm in the state. And we'll let them all haggle it out and let them
come up with a solution that engineering works on. I have no problem with that.
Councilor Simpson—Thank you. Mr. Bolduc,just have one quick question. If we were
to increase the size and you decided.that you wanted to add in your new tank and you
• came before everybody and went through the process. From your experience with other
stations, could you barring any other foreseen thing that might happen, could fairly
guarantee that those tankers could pretty much come at like two or three in the morning,
as opposed to...barring some unforeseen thing that might happen...a run on the gas
station, or whatever...could they be pretty much done in the wee hours of the morning?
•
Bob Bolduc - I could guarantee that we would keep them out of the busy times `cuz we
don't want to be there in the busy times either. Okay? So I would say we'd be there,
i
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give us up `til 8 in the morning and then after 8 at night. And that's quiet times. So, it's
a twelve hour span in there, but we need that much...we can't all the trucks in there at
two or three. And the neighbors might not like the noise. But. we can guar...trust me,
the reason we're doing this is we can get `em there at less busy times.
Councilor Simpson- Okay, cuz I frequent the station quite a bit. I live right down the
road and I go there `cuz the prices are good,haha, I'll be honest and it's, there's just so
many times I go in there and you get that terrible feeling of, of that tanker sitting there,
when you're, you know,
Bob Bolduc—I agree with you.
• Councilor Simpson- ...gassing up and I really hate to see it there. I see it there
sometimes when the kids are walking from school and you just get that weird feeling
inside...
Bob Bolduc—...so do I ma'am, so do I.
•
Councilor Simpson - And I'd like to say that hopefully that that would be part of our
stipulations in that you could pretty much guarantee, like I said, unforeseen....for some
unforeseen thing, which sometimes can happen that you would be in the off hours.
Bob Bolduc—I'll guaran...I can guarantee that just as I'll offer to work with Mr. Rossi.
President Rheault-Mr. Bolduc, what is your normal, uh, path of delivery for that
tanker? Is it Route 57 or do you use Mill Street?
Bob Bolduc—No. We come up 57, we come in the NorthWestfield driveway so that the
unloading...you always want the unloading to be on what we call the curbside of the
truck, so it's on what you call the passenger side. So that the truck is between any
vehicles and all the hoses there `cuz you don't want anybody to run over the hoses.
President Rheault - And what is it that you return back through 57?
•
Bob Bolduc—Yes. I think they do. I think we then go out the far driveway and we pull a
right and go back out 57.
President Rheault—Councilor Magovern
Councilor Magovern—Um, basically Councilor Simpson asked my question, but it was
getting uh,..you know...for sure,that a condition would be that the tankers would be
there at the wee hours of the morning and in the evening and you'd guarantee that during
school hours or any other time in the afternoon, your tankers would not be there.
•
Bob Bolduc—I can do that.
•
•
Councilor Magovern—And that would be a condition if you came back and you applied
for a larger tank.
Bob Bolduc—Correct. And any other ones including whatever Mr. Rossi and the
Engineering wants to put on. I don't have a problem with that. Our goal is to-with all
the towns..my reputation is that we cooperate with all the towns, and that is no different
in this town.
President Rheault—Any other questions for Mr. Bolduc? 'Thank you. Any one in the
audience who would like to speak in behalf of the granting? Anyone like to speak in
opposition? Anyone like to be recorded in opposition or in favor? It not, any further
questions from the Council? I now declare the Public Hearing closed.
• Council...Question? Specific Motion.... To grant?
Councilor Simpson—oh, I'm sorry I have to... motion....to grant...uh, yes, oh well, for
discussion and granting the...
President Rheault—Moved by Councilor Simpson, seconded by Councilor Bitzas.
Public hearing is closed...
Councilor Magovern—I'll second it and then we can go to discussion.
• President Rheault—moved by Councilor Simpson, seconded by Councilor Magovern.
All those in favor? I'm sorry. The floor is open for discussion.
Councilor Bitzas—Okay.
President Rheault--Who's up first? George...
Councilor Bitzas —Thank you, Mr. President. I struggle with this back and forth, back
and forth, the last time I was against it for many issues and I have to admit that tonight
that the gentleman, Mr. Bolduc, he spoke pretty different than the last time. And also I
spoke to many of the people out in the cafd shops as I go around, and they have other
• issues and some other concerns and they would discuss them. So tonight, for two
reasons,I'm going to vote in favor to apply and he makes his points very well, that the
safety be, concerning him to be off peak hours traffic and I believe him. Secondly, I saw
for the first time that they came to us a report from Planning Board, unanimously support
for that and recommend to us to give the 50,000 gallons. Also, it's not guaranteed that he
• or anybody else can have that. If we have opposition for example, all these gas stations
like one Springfield Street, ....if we have a problem with the neighbors...that we talk to
officer yes or no...so its not done deal for anybody. But if meet the requirements, can be
better for the safety...and uh, recommend by the Fire Marshall, they no better. And.....I
have no problem support amendment. Thank you.
•
President Rheault--Councilor Calabrese.
•
•
Councilor Calabrese—Um, yes actually, I have a, uh, question for Chair. Um, if it's
appropriate. Can we add a delivery restriction at this time or would that be inappropriate
for this particular ordinance?
President Rheault—Inappropriate.
Councilor Calabrese—Okay, I...I.. Las I sit here right now, I'm still not sure how I'm
• gonna vote on this and I'll tell you why. I too live in that neighborhood and I frequent
this...this station. I've always had very good service there. Um,but I also know that
there are a number of children that walk through that intersection on a daily basis, uh, to
the schools in that area, and um, I'd like to have some form of an assurance or maybe to
just feel better as a mother,that, uh, you know, we're not going to be having our children
going through a hazardous area. You know this Council's been smited once with the cry
of public safety and I just don't want to see that happen again. So as I'm sitting here
right now minutes away from casting my vote,I gotta tell you I'm really undecided at
this point in time.
President Rheault--Councilor Perry
Councilor Perry--Yes. Thank you, Mr. President. Just to answer Councilor Calabrese's
request as we know, um, with any zoning amendment, the zoning that is passed by this
Council, conditions cannot be applied. Any conditions whatsoever. I remember doing
• that when Stop & Shop came in with their gas stations. We discussed it at length, and uh,
you know, no, you cannot put conditions to it. That would be at the owner's word saying
that he would do that.
Councilor Calabrese—Thank you.
• President Rheault—Councilor Rossi.
Councilor Rossi-Thank you. I, uh, I want to apologize to Mr. Bolduc if he thought in
any way that I was trying to beat him up. My intention wasn't to beat him up and I uh,
Mr. Perry, that I wasn't trying to beat him up either. But this was brought out of a public
• safety issue and just let me remind the councilors of this: It's not about the delivery of
tankers, and when they come, or whether they're in the yard or when,when they're being
delivered. The issue is that Springfield Street is a main artery. I've been a police officer
for a lot of years and I've investigated a lot of accidents and I've directed a lot of calls up
into the Feeding Hills area and I can tell you this. That Springfield Street being a main
• artery, it is the corridor to Southwick, Westfield, Suffield and the Route 57 corridor. This
artery, this street, has been designed as a two-lane highway. I know up close to the
intersection, they made it a three-way highway with that drop lane for a left turn only, but
it is still only manufacturer designed as a two-lane highway. I can tell you as a matter of
fact, that fifty percent of all accidents up there are angle collisions. Angle collisions, now
• take that,just think about that for a second...fifty percent of all accidents are angle
collisions. That means there's driver confusion if you want to use a legal term. What
that means there are too many curb cuts in that area. We have the Granger School with .
•
•
that little park, that is right adjacent to the Pride gas station. The Pride gas station that I
mentioned earlier that the entrance only which is designed to be an entrance only what
• is..is..now being used as an exit as well, is only 59 feet from the intersection. Fifty nine
feet,think about that,that's a little over a car length if you measure that the stop sign near
a stop line at that intersection, it is just before the intersecting way. So that means, you
could only get one car before the second car is in the middle of that entranceway, that is
sometimes or most often used as an exit. Which causes traffic, cars to come out,they try
• to get into the middle,they're stuck in middle of lanes,they're trying to get across lanes
and cross driver confusion. Feeding Hills center, I can tell you that most of the accidents
occur there on dry days, during good conditions and that tells you that it's got to be driver
confusion. Now, it has nothing or little to do with whatever times the deliveries come in
there, whether or not the tanker trucks are on the ground. The fact of the matter is is that
it's just too busy of an intersection. And there's no way that you can solve that problem
by increasing the amount of volume that the person is allowed to sell. Now, I `m not
in...I'm not here to deny Mr. Bolduc or anyone else the opportunity to make more
money, but that doesn't service the town in any way. It doesn't serve the needs of the
town in any way. It has nothing to do with helping the community as a whole. It has
• nothing to do with public safety as a whole. If you want to talk about public safety,we
gotta start talking about eliminate some of the services that go on up there. How do you
do that? It's saturated. It's over saturated with cars up there. Now one of the conditions
that were made when that property went into, uh, rehabilitation was that that curb cut was
supposed to designed for entrance only. Well, somebody in their infinite wisdom decided
• that that wasn't a such a good idea. That a good idea would be to paint arrows on a
driveway that are gonna be worn out within a matter of time or a..a..a little 2 foot by 3
foot sign putting up,put in a planting just to the right of the exit was gonna stop people
from exiting that place. Well, it's just not the case. So if you want to talk public safety,
let's talk public safety. Public safety and the data backs it up, it's caused by the
confusion of the curb cuts that are in that area. I mentioned that Mr. Bolduc has one 59
A feet from the intersection, he has another one 266 feet from the intersection. Across the
street, at 210 feet, he has a dropped lane for kids at the Granger School for drop off.
Parents...that means that parents line up to drop their children in the morning and pick
them up in the afternoon, further increasing the problem of public safety. Not to even
mention, South Westfield, North Westfield and Southwick side of that intersection. So if
• we want to talk public safety, let's talk public safety. This in my view, expansion of a
30,000 gallon storage facility to 50,000,has nothing in the world to do with public safety
in that area. It is not going to improve it.
President Rheault—Councilor Magovern
•
Councilor Magovern—I'd like to address Councilor Calabrese's concerns for a moment.
As Councilor Perry said we can't put any restriction on this evening on the ordinance.
However, when he comes back before us for a particular permit for Pride gas station, at
that time, we can put a restriction on there, that tankers cannot come between 8 in the
• morning and 6 at night. Or whatever the hours are that we work out. So, yes it can be
put on as a restriction so that the tankers are not there in the afternoon as Councilor
Simpson pointed out and Mr. Bolduc pointed out. And uh, you know, comment a little
•
bit about the public safety. I think that you do increase public safety by not having 8600
• gallon tankers going through the center of Feeding Hills during the middle of the
afternoon. So I think that does aide public safety just slightly. And again, I'd like the
Council,just to reiterate it again, as Councilor Rossi said, that it is an unbelievably busy
intersection and until something happens with Route 57, we will never solve the problem
in the center of Feeding Hills, and I wish somehow we could do something to get Route
57 moving so that we will have that traffic cut in half by the extension of 57 as promised
• years and years ago, although that's not part of this evening, I still am very much in favor
of completing 57. Thank you.
President Rheault— Councilor Carr Bitzas
Councilor Carr Bitzas —Thank you. I really haven't changed my mind from the last
time this was brought up. I think that intersection is a danger. Just driving through there,
it's mass confusion. Everything that Mr. Rossi...Councilor Rossi said is correct. As a
matter of fact, on this past Friday, I was driving over to Westfield toward Bonton, and I
was stopped right at the traffic light facing Pride. And I sat there and watched to see
what was going on and uh;there were two vehicle trying to exit onto Springfield Street,
there were two more trying to enter onto Springfield Street and if you could have seen
this mess that they had...I don't know...I'm surprised they haven't mentioned that as
...someone having seen it. Trying to get passed each other...I don't think it's a good
idea for Agawam. First of all, and another thing, all the gas stations in town...not one
gas station has complained, nobody's complained,just Pride. They want to move into the
future. Well, what's wrong with the present? It's working very well for us without
50,000 gallons of gasoline. I just can't support it in all conscience, and I won't...
President Rheault--Councilor Letellier.
Councilor Letellier—Yes, thank you. I must say, Councilor Carr Bitzas, you pretty
much took the words out of my mouth. The point that I, I tried to make the first time Mr.
Bolduc was here, is this is zoning for one business. This is not an outcry from all the gas
the city uses. This is one business owner. Now he can say he speaks for individuals, but
each time that asked him, "Are other gas station owners with you on this?" He said no. I
i don't have anything against Mr. Bolduc, um, I didn't meet him until this whole process
and I do believe he is being honest with us and you know,maybe his intent is not to make
more money, you're not gonna store more gas, you know, by storing more gas, but
instead, of intention, we have to look at the reality. I was driving to Feeding Hills last
Sunday. My position at the red light happened to be right at that entrance only exit.
i There were two,cars that were essentially pushing themselves into my vehicle to cut in
front of me to cut across. That happens every single day. So I think by increasing the
volume whether it's an intended by-product or not, you're going to sell more: gas. You're
gonna sell more gas, there's gonna be more cars. If you're the only one with 50,000
gallons, everybody's got thirty, you can buy fifty thousand at a certain price that maybe
• other people can't buy because of the increased volume. We all know that businesses
deal with volume. I can't imagine that gas stations are any different. He's nodding his
head no, but regardless of that,that's not my point here. My point is we're zoning for
i
•
one individual business, we cannot put conditions on a zone change. And whether it's his
intention or not,I believe more gas means more cars, means more danger.
•
President Rheault_Councilor Young.
Councilor Young—I must say 1, every time this comes up, the technical part of me
wants to, wants to vote for this, because the, the thing about the number of gallons and
• how many trucks, I think is true. However, um, the biggest issue, again, this is my
neighborhood, I live about a quarter of a mile from this intersection and my kids go that
school every morning. And if anyone saw the back up the first day of school morning
between the Pride Station and Granger School, this probably wouldn't be a very long
conversation. However, the biggest issue, and it kind of goes along with what Councilor
Rossi was saying. In terms of safety, the biggest safety issue down that Pride station
corner is the drive through, which is causing more back up than any of the hoo-haa with
the gasoline storage and the trucks. I mean, so,my only thing I will say to that is the
same folks that corroborated his study here on the tanks are the same people that
approved that drive-through. And that is, that is, you know, they should look at who is
reviewing these plans `cuz that is the real issue at hand. So, um, I think, again, so I'm
really mixed again, because I think of the technical,the thing about the trucks, and when
they come, probably is the least of it down there, which would bring me to a positive vote
but the overall mess down there probably outweighs that so, that's all that I could offer.
Thank you.
• President Rheault- Councilor Perry.
Councilor Perry- ...All of that has been approved by our town, by our planning. They
allow Dunkin Donuts, to go there, they allow the Subway to be there,they allow. That
was all planned long before, five years ago, that was allowed. If you remember,
originally he had that when he put that plan together five years ago, he had those things in
there and never acted on them. He had to resubmit all his plans to get that Dunkin
Donuts in there and the driveway because it had expired the two year limit and they
repassed it. Okay? In regards to the traffic problem that's going up and down there, the
town is part to blame. As you know,that intersection you're traveling north to south,
• North Westfield Street, South Westfield Street. At those lights, they're controlled the left
hand turn—the light allows the left hand turn to make it there. When you go north to
south, it doesn't. Those people are cutting across in front of each other okay? So the
traffic light itself could improve the traffic flow. Okay? As far as cutting out into traffic,
you've got the Sunoco that's on..on...on the opposite side of the street that cuts into
• traffic. You've got the ATM that cuts into the traffic. You know, so, I mean, you know,
we're sitting here and pinpointing Pride Station as the big problem up there. The whole
intersection is a mess and the town's created that. He is a businessman. Is he Iooking to
increase his capacity to make more money? Of course. He's in business. We're
supposed to be supporting business in this community. But we sit and and fight him
tooth and nail. You mean to tell me logically, increasing those tank sizes would
eliminate the tanker trucks being there peak hours? If you're going to sit here and
honestly tell me you don't think that's going to happen, I..I just can't believe it. He can
•
only allow 8000 there now. One tanker truck. On a Saturday, have you ever been in
there, and the lines? He goes through 8,000 like nothing. He has to have another tanker
truck. He's got to close the pumps down. He's in business, he's not gonna do that.
That's part of the reason that he's here. The other thing, all the time that he's been here
before us, has anyone come up and spoke publicly against this? Has any other gas station
said, it's gonna be unfair. He's gonna be able to buy gas cheaper. No. Not one person
has stood at that podium and said"I'm against this because it's unfair." But all of us up
here take it upon ourselves to say it is when it's us...bodies...that have created the mess.
Not Mr. Bolduc. I believe and and and as far as increasing it from 30,000 to 50,000,
you've got the state that says its okay. It's not a safety issue. You've got a Police Chief,
a Fire Inspector; it's not a safety issue in regards to the storage. So, that's not an issue.
You can have 50, 10, 20, it's all the same. They've explained it me, do I understand it
• all, that's what they're telling me...they're the fire experts. You know, logically, I just
can't understand why we sit here and fight businesses. I think, then again, he made the
good point this evening. If we pass it,he still has to come before this process and get the
license. We can adjust the curb cuts we feel is necessary. Those types of things to
increase and add to the public safety. So I mean, to me, it's a no brainer. We are here to
support businesses and this is one way you can do it. Thank you.
President Rheault—Councilor Mineo`
Councilor Mineo - I just want to say I agree with Councilor Perry on everything he said.
One thing that I don't think makes a different if there's 30,000 gallons or 50,000 gallons,
I just don't think that there's a big difference and I just don't, I don't know, I just don't
believe that uh, it's gonna create additional public safety issues that there are there
already. And like Councilor Perry said you know, they were probably created by the
town. They were the ones who designed it ....for whatever reason when everything went
through. Another thing I don't believe that, you know,that the 50,000 gallon tank that
prices are going to go lower. I just don't believe that, I think that Mr. Bolduc uh,
probably purchases the same amount of gas every week. I don't know how he orders gas,
but I just don't see, you know, how that's going to decrease the prices. I think his prices
are the same...you can take your choice in Feeding Hills. You can either go to Stop&
Shop, or you can go to the Pride Station, prices are the same. So, I....I don't know,:that's
the way,uh, I'm going to uh, support this. Thank you.
President Rheault—Councilor Simpson.
Councilor Simpson—Thank you. I'll be very brief cuz uh, Councilor Perry pretty much
• spoke on exactly what I was thinking. Urn, that whole intersection is a mess due to
previous planning and how things have moved in there. Even if you go past the
intersection, and you pull out of the ATM,Bank of America, Sunoco, if you want to try
and get across to the other side, if you need to cross there. And once again, it almost falls
back to our parking ordinance, like I said before, Councilor Rossi was nicely saying that
it was driver confusion. I think it's driver stupidity some times or people are just in a
rush. They're just gonna cut, they're gonna do whatever they feel like. We could have as
many curb cuts and lines, but people are gonna do unless you have a police officer
i
•
stationed there,people are gonna do what they feel like nowadays and just try to get their
car out there and cut. My main concern right now and hopefully maybe they can
improve that intersection by doing certain things, but right now, we get those tankers out
of there and not having them there...I mean go there sometimes 2:30—3:00 and the
tanker is there. The worst time to have it there. You've got the school,the kids are
getting out then, or sometimes you go at 5-5:30, you've got the increase of traffic with
commuters coming home. I think if we could get those tankers out of there, that leaves a
• sense of...of-um feeling of security because I personally,just, I know usually nothing
happens,thank God,but you never know...and it'd be nice to say that it was at 2:00 in
the morning or 3:00 in the morning when we have a low volume still would cause
damage if anything happened but it would be better. So I'm voting yes for this with
hopes as time goes on, we can do something to rectify this intersection. You know what?
• As much as you do, unless you have someone sitting there constantly from the police
station ticketing people for driving without knowing the rules, you're gonna have it no
matter what. Thank you.
President Rheault—I think we've heard enough discussion. And uh, Council Clerk,
would you please call the roll in favor of the Amendment, vote yes. If not, vote no. We
need eight votes.
ROLL CALL- 6 YES (Counc. Bitzas, Magovern, Mineo, Perry, Rheault, Simpson), 5
NO (Counc. Calabrese, Carr Bitzas, Letellier, Rossi, Young)
President Rheault— Six yes, five no. We've defeated the amendment.
Item 10. Old Business
President Rheault- TOR-2007-6 An Ordinance to Amend the Code of the Town of.
Agawam Zoning Ordinance by Adding a New Article XVIII, "Temporary Parking". Um,
this has been referred to the Planning Board, but we need a separate vote to become
Petitioner so entertain a motion...seconded by Councilor Magovern....Any further
discussion? Councilor Letellier.
• Councilor Letellier—Yes. Thank you. Um, I'm not sure if you wanted the reports
from the committees from the meeting last night or if we're not....if we don't do it that
way, I just want to remind you, if you vote to be petitioner, we also wanted to ask the
Planning Board to be co-petitioners.
President Rheault—That's what the motion is about—for the Council to be the
Petitioner and the Planning Board to the co-petitioner. Any discussion on that?
Councilor Young—Point of information.
President Rheault—Councilor Young
•
•
Councilor Young—If the Planning Board declines the invitation to be co-petitioner, what
happens?
•
President Rheault—We are already the Petitioners, so it doesn't make a difference.
Councilor Letellier—If I may, point of information, it allows us to have workshops
together if we're both petitioners. Like we had done with the zoning....the uh, retail
• ordinance.
Councilor Young—No, I was just wondering what happens if they say no, does it still go
forward absent a co-petitioner.
• Councilor Letellier--We still go forward but on our own. Yeah.
President Rheault—Alright? Two-thirds of voice vote is sufficient on that. All those in
favor?
• VOICE VOTE—Unanimous. .
President Rheault- Unanimous. TOR-2007-7 An Ordinance to Amend the Code of the
Town of Agawam, Chapter 49, Entitled"Personnel"to Update the Wages for Certain
Unclassified Positions as attached on the first reading. Moved by Councilor Simpson,
seconded Councilor Bitzas. Any discussion? No? Clerk please call the roll.
ROLL CALL— 11 YES.
President Rheault—Eleven yes? Approved. TOR-2007-$ An Ordinance to Amend the
Code of the Town of Agawam Zoning Ordinances Article XVIII, §180-131. Put on by
the Mayor to refer to the Planning Board. Moved by Councilor Simpson, seconded by
Councilor Bitzas. Any discussion? Councilor Letellier.
Councilor Letellier—Yes. At our joint ordinance and zoning committee meeting, we
discussed the proposed amendment, and as you can see in your minutes, and great thanks
• to CeCe Calabrese, who did most of these minutes. I just made a couple of additions.
Um,the Zoning Committee voted 1 Yes, 2 No, which means we are not recommending
the amendments. And I will let the Ordinance Chairperson, give you the vote from his
committee.
• Councilor Magovern—The Ordinance Committee uh, discussed it, along with the uh,
Councilor Letellier's committee and it was unanimous that we not recommend it going
forward because it's redundant in that the Council is already recommending the zone...to
go through a definement....uh,the amendments that the Mayor was proposing was
basically to allow the municipalities to park without any parking ordinance and to just not
• charge the churches the $250 fee but still have them require ...the parking ordinance. If
the City Council version is passed....and that was three votes...
•
•
President Rheault— Councilor Bitzas.
• Councilor Bitzas—Yes. I was a member of the Zoning Committee and I voted for the
Mayor for sending the amendment to the Planning Board, by do so, I believe, it is illegal
for us to vote not to send it. If you can see, the paper also make a point here. The
committee voted against sending to the planning board for review. This is what is all
vote yes and I want the reason I want to send them there because it is the law. And uh,
• the law department also comments with the newspapers,the Springfield Union, she also
said the state law requires the Council to send the amendment within fourteen days... I
have the law here you can ask council to see...the law says,three fourth of selectmen or
city council shall within fourteen days of receipt of such zoning ordinance, by vote
submitted to the Planning Board for review. Then...we can vote no, then we can vote
• yes. So Planning Board should be petitioner...otherwise you breakin the law. We make
one mistake, not making two mistakes again. But I believe, we have the right to a review
and the right to redo the mistakes we made and it's so simple. We heard today and we
have Palazzi and everybody...Palazzi...I hope they'll repeal this. They will regret ....
The bank(?) won't pass with uh....uh....some restrictions...til they go to the Board of
Apppeals. But the process...some people they working that's not throw the baby out
with the bath water....If drop this ordinance and do nothing, then we have no ordinance
and will take months and months to get an ordinance. And then we be ah, really in big
trouble. But if you have this ordinance, then we can move very quickly...old
amendments. Change the Mayor's amendments...amend the amendments of the
Mayor—allow the church to park as soon as possible...otherwise, you, uh, uh,you make
another mistake—don't make a second mistake. It's not wise. Make the ones that's
okay, second mistake it's not wise at all. And I believe it's a best interest of all of us to
have the same ordinance and I....but don't throw it away, that one,because it not work,
doesn't make any sense...to throw the ordinance away. And this is not...today is we
send to planning board and we can bring it here and debate this and then vote yes or no. I
don't know how we vote... you do know how you vote....think about it again. Be wise
for once. So I think, if you don't send to planning board, you breaking the law. Right
here...
President Rheault—I have the law...
•
Councilor Bitzas—So then,then vote no, it's no problem...I have not asked you...I'm
telling you the ordinance...that's why I vote to send copy to law. You making
mistake...don't repeat same mistake—thank you.
• President Rheault—The item on the agenda says to refer to the petitioner which we ask
to be the petitioner.
Councilor Letellier— If he wants to be the Petitioner...
President Rheault—No this is from the Mayor...
•
Councilor Bitzas—Mr. President? Point of information? I think you have nothing to
lose, you don't break the law...I think you vote no. What's the harm? Do by law,its
• plain black and white councilors. Don't break it, we know now.
President Rheault—Councilor Calabrese.
Councilor Calabrese-- I don't know if it's appropriate. I actually sort of wanted to
• address the subsequent issues that I have with this particular ordinance. Um, it seems to
me that the Mayor's amendment effectively is treating different classes of citizens
differently favoring one class over another.
Councilor Bitzas —Point of information. It's nothing to with this councilor. We don't
vote tonight we just by a vote we get to send to the Planning Board of Appeals...
President Rheault- Councilor, let her finish her point...
Councilor Letellier--Who...Point of Order...He is completely out of order. He has two
opportunities to speak on the agenda item...
President Rheault—Councilor Calabrese
Councilor Calabrese - ...just saying my peace here...thank you...ha ha...
# President Rheault—You may continue...
Councilor Calabrese— Thank you. Thank you. Effectively, what the Mayor's
amendment is doing is treating one class of citizens better that another and that being the
churches and municipalities um, in my view, it's discriminating against private tax
paying property owners...so that was the basis, at least for me...voting to send a negative
recommendation to this...
President Rheault--as I read, I'm asking the City Council Ordinance Committee, to
review the enclosed proposed amendment...so...so the question would be do you want to
• um,...
Councilor Bitzas—Mr. President?...
President Rheault—Councilor, there are a lot of lights on ahead of you...Councilor
Letellier.
Councilor Letellier—Thank you. As was also discussed at our subcommittee meeting,
as well as when we first voted for the ordinance and then when we discussed it since
then, when we had our meeting in the Mayor's office with the department heads,with the
City solicitor, I asked if the non-profits could be exempt from the law or exempt from the
filing fee. And I was told by the law department that that was unconstitutional. That we
were treating classes of businesses separately and as soon as Vince said that I said oh,
•
•
you're right. I don't even know why I brought it up. So to now try to make this an
• ordinance change, to make people better that it's actually gonna pass, and make a
difference, is facetious. The law department's already said it can't happen so why would
have any ordinance change proposed when it's already been rejected in a meeting, is
beyond me. And the way I understand the request from the Mayor and if I
understand...if-if-there's a misunderstanding of what he's asking us to do, then maybe
we need to table it to get clarification as to what he's asking us to do. But I understood it
• to be that he's asking the Council to be the Petitioner to send this to the planning board,
this amendment to the Planning Board. I've conferred with Councilor Perry and we both
can recall numerous occasions that if the Mayor wanted the ordinance changed,he would
just send it to the planning board and then prompts a hearing and a meeting. I don't
know that the Mayor needs us to be the intermediary. If he's asking us to be the
• intermediary, I think we've said no, But I think we owe him the courtesy of asking to see
if he wants us to be the intermediary or he wants us to be the petitioner...or not...
Councilor Bitzas —Point of Information, Mr. President
President Rheault—What's your point?
Councilor Bitzas—The point is the procedure is for Mayor or anybody else...to send the
amendment to the council and the council send to the planning board for review...We
have to do that, we did that for every single time. And planning board review then the
council can do it. What do we have here is a very simple questions.. We don't debate the
amendments now. The amendments be debate later on...we are not doing the
amendments...
Councilor Perry—Point of information.. What information was he asking for?
Councilor Bitzas —We have two laws here...and the law...the law says here, if the
Mayor send to us a...
President Rheault—Councilor...
• Councilor Bitzas - make my point...you break the law, Mr. President. I'm sorry but...
President Rheault—Don't tell me I'm breaking the law, Councilor. We're not
philibustering up here...Councilor Magovern...
• Councilor Magovern—As I tried to explain to Councilor Bitzas at our ordinance
committee meeting, what the council is proposing is to take this parking ordinance and
send it to the planning board and try to work out the problems. It will go through a public
hearing and come back here for a vote. I do not understand councilor Bitzas' rhetoric
when he says that the way that he is presenting it, he's in favor of the senior citizens'
parking in the church parking lot. That has nothing to do with it,he's trying to make a
point and get votes...but...I'm finishing George...I did not interrupt you...I didn't
interrupt you...we're talking about two different things. What you're saying is that we
•
11
are against the senior citizens parking in the church parking lot, no we're not. We want
to get this resolved; we want to get this done. You are suggesting that we do not want to
change the ordinance. We do want to change the ordinance and this is why we have
voted unanimously on the ordinance committee to send it to the planning board. I don't
know what you would gain by sending the Mayor's proposal to the ordinance committee.
I understand that it would probably be to us through...cuz it's the law. It's the law that it
would be sent over there...But not with any approval of the ordinance committee or two
• of the people on the zoning committee. But I just think that you're trying to make
political hay out of this George.
Councilor Bitzas -Paint of Information,Mr. President through the chairperson
Councilor Magovern. Councilor Magovern, you don't understand or you won't
understand...
Councilor Magovern— if you understand, George. It's you who don't understand
because you're too stubborn to understand.
•
President Rheault—if you want to have a dialogue between you...sit in different
corners...
Councilor Bitzas - —procedures...amendment, zoning amendments—the law says here
• and the last time—fourteen days-what we have here by law submits to the planning
board for review...If it the law, you want to vote no, it's fine with me but I'm not going
to break the law. Thank you.
President Rheault—shut his mike off...
Councilor Letellier—I was going to make a motion that we table the item of agenda to
get clarification, is the Mayor asking that the Council be the Petitioner? Or is the Mayor
asking us to send it to the Planning Board?
Councilor Bitzas--I second the motion...
•
Councilor Letellier—May I finish the motion? If the motion is to have the council to be
the petitioner which is what I think we understand, I think, in our subcommittees we
decided that we didn't want to do that...if the mayor wants us to send it to the planning
board to ask them to be the petitioner, that's a completely different item of agenda. And
so I think we need to figure out what is the item of agenda before us. So that why I move
to table.
President Rheault—What question...alright...So Barbara will know, what question
specifically do you want to ask...
i Councilor Letellier—is..I'm moving it to table to determine if the Mayor is asking that
the Council be the Petitioner to the Planning Board for his proposed amendments or
•
•
whether he's asking the council to merely send it to the Planning Board for the Planning
Board to be the Petitioner.
•
President Rheault—moved by Councilor Letellier, seconded by Councilor Bitzas. No
discussion on tabling. All those in favor? Opposed?
VOICE VOTE—Unanimous.
•
President Rheault—It's unanimous. Okay. TO-2007-22—Transfer of$3,775.00 from
Reserve Fund (16606-57300)to the City council—Regular Temporary Salary of(11111-
51020)—Moved by Councilor Perry, seconded by Councilor Letellier. Any further
discussion? If not, Clerk please call the roll.
•
ROLL CALL— 11 YES.
President Rheault--Eleven yes, you've approved the transfer.
• Item 11. New Business
President Rheault- Under new business, PH-2007-6 (ZC-2007-6), we need to set a
public hearing date for October 15t'. Anybody got any problems with that? If not,
Barbara, set that up please. Under item 2, there was um, a couple a car licenses that were
omitted on the agenda and before we get it to Old Business,um, let's see, it just
mentioned Sarat Ford on the front but it should have included Agawam Auto Mall, Falcor
Auto Sales and Joe's Truck Repair and Frank, V.. at V & F Auto. Those should be also
added so that it appears under New Business, we will be acting on all of those. TR-2007-
33 for the next agenda. TOR-2007-9, that an ordinance to amend the town code
"Smoking", that should move into the ordinance committee. And uh, TO-2007-24, uh,
Voucher list for $157.66, alright. We'll take a roll call vote on that. I don't...yea...take
a roll call vote on it. Do you have it?...Oh, it's new business that's why. I don't have the
thing on the top. My fault. Ha-ha. No wonder I don't have it. Ha-ha.
Item 12.Any other matter...
•
President Rheault—Any other matter that may come before this council and we'll start
with Mr. Young, in the corner.
Councilor Young—I just, quick uh, welcome our new clerk. And I guess we're all
getting used to the ...we're so organized now, it's taking a while to get used...do we, do
you have email yet? Oh, so it would be helpful if you could let us know what it is. So it
would probably help uh, facilitate our efforts to...
President Rheault—It...may I suggest also for each of us to give Barbara the emails and
if you want to be called in your office or not so she'll have that current information and if
you would, before you leave tonight's meeting, we'd appreciate it very much. She'll
make out a new list. Okay. Thank you for bringing that up, Bob.
•
•
Councilor Young- I guess, maybe I don't see it in the minutes, is there...if we wanted
• an understanding of how the police understand how to enforce the current parking
regulations, who would I ask the Chief? Ha-ha....Again, I get the sense that it's not
even...
President Rheault—I'm not going to say anything...I would think a starting point would
• be the Chief.
Councilor Young—Alright. Thank you.
President Rheault—Councilor Rossi, anything?
•
Councilor Rossi—Yes. I'd like to speak about enforcing laws, I guess. I do have some
important brought up earlier and one that I happen...have a question about and that is
the...this ordinance that we have, this parking ordinance that we have currently in effect.
Councilor Young talking about ways to enforce it and whose responsibility is it to
• enforce it...Well, from what has happened and everything that I've seen and everything
that I've read, it seems to indicate as Councilor Calabrese has said that it seems to be
pretty selective. And that, I don't think would be much of a stretch that it could be
perceived as encroachment. That bothers me. I think we need to look for a way that
maybe we can hold this'law in some kind of abeyance and not, I don't want to use the
• word not enforce it, but maybe I don't know what I'm trying to saying, uh, I think it's
created a hassle for us all and I think we going to wind up in trouble with this thing if
something is not done. Now instead of giving special dispensation to certain groups,
maybe we should give it to everyone in the community until we come together,that's
sane and reasonable for the whole town and it's palatable for the whole town. I don't
want to see us get into a quagmire and I think that this has got much too much ink
• already. But I think we're heading in a really, in the wrong direction over here with some
of the things that I've seen and heard and the phone calls that I've gotten....I think that
we...I would like to ask this Council for their view on what we can do that maybe hold
off on the enforcement of this thing until we can make some sense of it because I think
we're gonna get ourselves into trouble here or someone gonna get us the trouble. So that
• would be my suggestion to the Council and I would be more than happy to sit down to
anybody about it.
President Rheault— Councilor Simpson.
• Councilor Simpson —Thank you. Uh,just welcome to Barbara tonight and have a good
night.
President Rheault—Councilor Bitzas.
Councilor Bitzas—Thank you, I've got a couple things. First of all, I'd like to welcome
Barbara and wish her the best and uh, the other thing is talking about the enforcement of
the law and uh, citizen speak time...to quote a line to...one of the speaker...one of the
•
police officers, making some comments...I stand by what I said. I have um, Knight of
Columbus person came to me and he said that the one particular police officer went down
the church and ask him to close him down and he said no...its church...he said well,I'll
have the police come out and when you find out what church...uh...he then...he let him
go. Then other told me that was same police man that went up to Springfield Street and
in one of the restaurants giving a hard time and also the same officer went to City Hall
and I don't know joking or not, when somebody have a party,well party, he said no park
i in the street and only your house. I don't know if it's a joke or not, but it was not joke for
me. So I have nothing against the police. I want to make it clear now...I've been City
Councilor; this is for the policemen and the families for eighteen years. I work very hard
to support them all my years. I remember when,. Patrolman Draghetti came to my house
asking for the...bill to pass...and I work very hard to put them...the police...I mean the
...bill pass so they can get five percent or some degree above the day pay, ten percent
above the regular pay and twenty percent ....so and I'm very happy to see and I think
they deserve it. The second thing, I was going with Sergeant Longhi another officer I
don't remember up to the Longmeadow to find the computer that...it was first of the
computers and I worked very hard with them and...Southwick...during the day and we
have all department computerized. I was for many years chairman for the...for the police
department. I never cut one pay and I give everything they want. I support their cause, I
know they're upset about the salary and they have my support and everything, I believe
they...have something...not over yet. But I know their emotions, I don't blame them.
Uh,we have a great police department,one of the best and I would not change it with
anybody else. But we still emotion there and what I was told, what I said what I was told.
It was not true, that's fine. So I hope, how you say, forgive the past and move on. And
with other note was, we have a problem with this ordinance as Councilor Rossi said,
everybody realize we have some problem, we have some complaints. I have some
complaints one day when a church person came to me and said, "You know, George,the
sign ordinance you have some problems also". And I would ask this Council in special
0 Councilor Magovern, to a thing about make some amendments for the signs. Allow the
church if they have a bazaar or something or any non-profit organizations or to have
those little signs that say fair, craft fair,to raise some money. Why not? If a business
opens business and it—why do not allow one week or two week to have a sign out there
to say we are now open for business. Why can't we help them? I think we are so strict.
• now, it...the objective was to get all the cigarette signs...the illegal signs fine, it's
working...but some people, we have lot a complaints. I think this Council should correct
that and let the churches and some of the non-profit organizations to raise some money
for the Lion's Club giving breakfast,put it down there,the senior center,in the front
there,put a sign...we have a cup of coffee that people to know...I think Councilor
0 Magovern I hope you can, uh, your committee look into that. And the third one, I have a
thanks to some of the people here. On September....I'm finishing...on September 11,
our town have a ceremony in front of the town memorial Main Street to remember and
honor the innocent people who lost their lives the day the ...terrorists attack us. We also
remember and pray for armed forces especially who are fighting and dieing for freedom
and security in Iraq and Pakistan. I would like to thank Reverend Earl..., chairman of the
Agawam Clergy Association for his assistance in preparing the ceremony. I would also
like to thank Reverend Donald Morris, Reverend Daniel Baker, Barker, I'm sorry,
•
Reverend Richard Adams, and Reverend Ray Fowler for their participation. A special
• thanks to fire chiefs to...the fire department for sharing the observance. I would like also
to thank David Edwards, a professional musician for playing the taps. American Legion,
the police department representatives,and ...Lauren .....added to the ceremony by
lending us her beautiful voice and lighting the candles along with some...and
Elisabeth...the girls also places three roses in the base of the monument representing
the—that the terrorists attack of the day. Finally I would like to thank all the town
officials and citizens who came to observe the ceremony and remember that day. Thank
you Councilors.
President Rheault—you all done? Councilor Carr Bitzas.
• Councilor Carr Bitzas —Nothing tonight.
President Rheault—Councilor Magovern.
Councilor Magovern—Again, I'd like to welcome Barbara. You did a very nice job on
• our packet...very very well organized and I'd also like to`add that I believe my thanks to
Councilor Bitzas, it was a very nice September I Ith ceremony. I enjoyed it very much
and again it was nice to see the people there, in the rain, supporting it. It was a very very
well done memorial. Uh, I'd also like to mention at this point something that I hope will
be a tradition in town. We're starting something at the Agawam Rotary which is going to
be on October 201h and we're gonna have a Harvest Weekend on the green in front of
Phelp's School on the Veteran's green and I would like to see the participants of
Agawam...it's going to be an open tag sale to anybody who wants to bring tag sale items.
We will be selling spaces, uh, there'll be a lot more information coming out in the
Agawam Advertiser. Councilor Letellier is working with me on it as one of our fellow
• Rotarians up here and again, it should be a great weekend. You'll be hearing about it in
the paper. Thank you.
President Rheault—Councilor Calabrese.
Councilor Calabrese--Nothing this evening.
•
President Rheault—Councilor Mineo
Councilor Mineo—Yeah. Um, last or two weeks ago—after our last council meeting,
um, somebody from the Community Preservation Act Committee came up to me and
• asked me why there was no dialogue on this $73,000.00 for the Captain Leonard House
and I told him that uh, there was no dialogue basically, I think we...there was a lot of
dialogue when they came before us for the $93,000.00 for the landscaping of the Captain
Leonard House and I think we all felt the same way...that's ...that was just too much
money. We did not want to vote in favor of that because of the $73,000.00 and I've also
been asked by one of the members of that committee, uh, they would like, or I know
Henry Koslowski would like, if we could put a committee together of three councilors
that would work with that committee—the community preservation act committee--so
they could have an understanding of what our long range planning is, what we'd like to
do with that funding. So I guess, when I had spoke to you last week about this,Don, I
have to make a motion to put a committee together? Is that what I have to do?
President Rheault—Yes.
Councilor Mineo—Well, I'd like to put a...I'd like to make a motion that um, we have
• a...
President Rheault—Twelve members of the Council or independent or what?
Councilor Mineo - Well, I think, maybe like any other committee. Maybe have three
• members that would like...it could be three...it could be five, it could be more that.
Whoever...I mean they do meet occasionally and we'd have to, you know, go to all their
meetings.
Councilor Bitzas-Can you ask Mr. Koslowski,any other community...see a
point...whole committee has to come to us and ask questions...L..
Councilor Mineo- Don, I'm making a motion that we put a committee together. That's
all I'm asking—if you... George if you're not in favor of it, vote against it.
• President Rheault—moved and seconded by Councilor Perry. Any discussion? All
those in favor? Opposed?
VOICE VOTE—Unanimous.
• President Rheault- And, uh, are you willing to serve? To chair?
Councilor Mineo—I am willing to serve. I would chair yes.
President Rheault—Anyone else want to volunteer?
• Councilor Bitzas—I am.
President Rheault---Councilor Simpson and Councilor Bitzas...do you want to come?
One more...Councilor Magovern will be five...Barbara would you put that down as an
Ad Hoc to the C...Conservation...CPA. Councilor Letellier.
•
Councilor Letellier—I do have a couple things. I'll try to be as brief as possible, um the
Harvest Festival Weekend is in fact a Harvest Festival Day, Councilor Magovern,please.
I only chaired to be in charge of a day, not a weekend. So that's going to be October 20d,
at the Veteran's Green. If you want to have a tag sale or a craft sale table, we're gonna
• put...there's going to be an article in next week's Advertiser. I'll have applications in my
office. We can deal with that then. A reminder that the Democratic Brunch is November
the 4 `, our key note speaker will be Tim Murray, our Lieutenant Governor and our
i
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Democrat of the Year is Assistant District Attorney Jim Goodhimes, Um, I know there
are...one Councilor has contacted me about an ad so far. If you want to do any ad, please
let me know as soon as possible because as I said, our computer guy is going on vacation
to Italy. So you want to get the ads in as soon as possible. Um, I... I do want to...I think
we need to have a very serious discussion about selective enforcement of this parking
ordinance because it's become so blatant the Mayor is actually calling individuals and
groups and saying, you can park here and I won't enforce it against you. That's
completely unacceptable. There are people parking in the Ames parking lot and they are
doing so with the express consent of the administration. They did not apply for a permit
and they have—there has been no ticketing. Um, no police presence, no nothing. So,
you know, and other individuals have called me that are afraid to speak out publicly,
saying that they have received from the Mayor giving their group, um I'm going say,
i group, I'm not gonna say church, I'm not gonna say this, I'm not gonna that, I'm just
gonna say group,has called people and said you can park and we won't enforce it against
you. And that is completely unacceptable, and I ...I can't even imagine the kind of
lawsuits we're opening ourselves up to. So I guess we can ask for the City Solicitor
because he does work for the whole town, uh, for legal opinion as to if there's any way to
• as you said,put this law in abeyance,pending the amendments. I don't know that there is
but I'm not a municipal law expert, so, um, you know maybe we need to write a letter to
the City Solicitor. We can do it as Chair of Zoning and Ordinance,or whatever,um,and
ask what's going on. What's happening with the selective enforcement? And what can
we do about putting it in abeyance although I don't think that we can? And um, I'd like
to comment on the police contract only because one other councilor has brought it up. So
my suggestion is urn, that if we are as strongly in favor of the police department as I
know we all are, then I think it's incumbent upon all of us to call the Mayor and ask the
Mayor to meet with the union. I think that's the least we can do. And I know some of us
are closer that others with the Mayor, and I would ask those persons that are particularly
close with the Mayor, make those first phone calls because I know I'll be making one as
well.
President Rheault - Councilor Perry.
Councilor Perry—Yes, thank you, Mr. President. I'Il be brief. I was asked to mention
that the Pynchon Point Dedication is going to be this Thursday, September 201' at 2:00
P.M. It's a new access to the Connecticut and Westfield Rivers. The dedication is this
Thursday. The Mayor and other will be there. Um, the other thing I want to bring up
is...I noticed that uh, in our packet, we received some requests from-our Council
President to um, the DPW on a couple of different issues. And I noticed the responsive
letter that we received from-from the Mayor. I'll just read the last paragraph..."As you
know, Mr. Stone, is on vacation this week...a response to your two other inquiries will be
forthcoming,however, I would ask that in the future inquiries be writ...be directed to my
office and I will follow up with my staff." Now those are requests that you made of the
DPW had in regards to some issues that some residents had. Uh, my question is we're
r not allowed to call the department heads anymore? Do we have to go through their
office? His office? Or is that just you?
•
President Rheault—ha...well..it may be just me...
• Councilor Perry—I do have some issues with some department heads I have to call so I
just wanted to clarify it.
President Rheault - I uh, I don't know if there's any written policy that I've been
aware...I've done that for several years...
•
Councilor Perry - I've done it my whole career..I've been on the council for twelve
years. I've done it my whole career. Uh, if that is the case, I would suggest that any
information that he requests of our City Auditor, that request go through you first `cuz
she does work for us. Okay. And if we need to start micromanaging, I will put a
• reso...uh, a change in to go back to line item bud get...if we want to start nitpicking. So,
I mean, I think we really need to start looking at what's going on down there. So...
President Rheault- Just to inform the Council regarding the parking. I spoke with the
Attorney General's office regarding the rumors or what have you,with several people
• that have come to me and addressed the issue about the...somebody can park, somebody
can't park and the answer I got specifically was that"No Mayor has any right to deviate
from the ordinance." And that's the answer, so...I don't know if these things are factual
or what but I hear the same things that you people do and that's the answer I got.
• Councilor Letellier—If I may, Council President, I know it's been my time to speak and
I'm glad that Councilor Perry brought the letter up. When I was Chair of the Council,
there was a period of time when the Mayor also told me that I was not allowed to contact
department heads. It was my opinion then and it's my opinion now,that we all work for
the citizens of Agawam, and I'll call any department head that I want to call. And that's
• stiIl my.philosophy.
President Rheault—Entertain a motion to adjourn. So moved by the Council, seconded
by the Council. All those in favor? Council is unanimous. Good night and good
evening.
Adjournment.
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