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CC MTG MINUTES SEPTEMBER 4 2007 s REGULAR MEETING OF THE AGAWAM CITY COUNCIL SEPTEMBER 4, 200 President Rheault- We have several citizens wishing to address the Council this evening. Just to remind those that have not spoken before, you have five minutes maximum from the time that you step to the podium. State your name and address for the record if you would please. And if mispronounce a few of these names, you'll have to bear with me. The first speaker wishing to address the Council is Dennis Hopkins. i Item 1. Citi 'Speak Time Dennis Hopkins—Good Evening. Dennis Hopkins, 108 Monroe Street. I am also a member of the Planning Board but I'm not here on behalf of the Planning Board. The i subject I'd like to speak on is the Temporary Parking Ordinance. Sometimes a lot of government isn't necessarily good government. The U.S. Constitution is approaching its 22e birthday. It's only a few pages handwritten and it's still the state of the art political document in the world. Recently, we created the Temporary Parking Ordinance now that you've seen it out in the sunlight, I would urge you to smite this monster we've created and come up with something a lot simpler. To go back in history, this all started about i two years ago. I received a call from the Planning office that the Police and the management of Six Flags had come forward and expressed a concerned for a drastic safety issue down on South Main Street that the people in the temporary parking lots down there were walking in the street and they felt it was a safety issue. I spoke very vehemently against this and indicated I would not support sending Cease and Desist letters to the businesses down there. Not only that but I would fight it coming before the floor of the Planning Board because I felt it was not a concern that was raised in the best interest of the Town of Agawam. It was raised out of a concern of the cash flow of Six Flags. I will also close with this (APPLAUSE)too but the issue that has never, ever been brought up until maybe you'll hear it later tonight, is that nobody has expressed a safety concern for people who walk out the end of River Road and walk up the two foot wide shoulder on the west side of Main Street. They walk down the west side of Main Street, south of Riverside. It's been about a year since anybody's parked and the dirt path that they wore is still dirt. I drove that piece of road for six out of the last seven years, I work in Connecticut and at least half of the people that I saw walking in Main Street along that road were Riverside employees. It... Most of the people I saw were on a dirt path. I would suggest that bypassing this form of an ordinance and putting that burden on the business people down at that end of town who are trying to recover what they might be losing because, you know, let's face it, we don't drive down that street on certain times of the day. They lose business. What we are also doing is we're contributing to Six Flags' ability to own everything on both sides of Main Street which is quite obvious they're going to do. They own most everything down there now. You can pick out most of the businesses they do own. They own at least three houses on one of the side streets south of the park. Um, if you're a business down there and you can't survive, you're going to r be selling to them at a cheaper price than you would have gotten otherwise. Initially, i they bought some, uh, property down there. They bought a couple of them that cost under$200,000.00 when the owners bought them. They sold them to Riverside, one of them for$4.5 million and one of them for a million and an eighth. So, you know,the spending spree by Six Flags is over but there's still businesses down there that are surrounded by this and some day,they may want to get out. I would suggest that you don't necessarily need quite as strong an ordinance, quite a strong thing that as you can now see, affects the entire town. Do we have the means in place with the great job that your new signage enforcement officer is doing with some form of merely controlling the signs. They can't put up temporary parking signs, no signs on a cardboard box. They have to be legal signs. They can't put markers out at the street. Maybe you can pass a legal, uh, sidewalk and tree belt hawking prohibition, being careful that it doesn't • eliminate people like the little kids' lemonade stands and the Easter Bunny waving at traffic. Uh, and, you know, if people down there are parking, they need to be legitimate. Are they registered with the, uh, State Department of Revenue? Do they have a business license with the Town of Agawam? I think there has to be a simpler means of controlling what you want to control without having an adverse affect on the rest of the town. I worked at the Exposition for twenty years. We encouraged and even put up signs to cause the patrons to use off-street parking. This did a tremendous thing, if you remember back in the seventies; the traffic for the Exposition was horrendous. Now it rarely gets horrendous. They took means to eliminate it. This isn't necessarily gonna happen at Riverside but,you know, those people down there are trying to make back some of their money. They need to do it controlled and well but I don't necessarily need... we need to create something that affects the Methodist Church. The Methodist Church has been parking cars at the High School for how many years, now they can't cause they don't have a crosswalk. The people coming out of the street across the street never had a crosswalk. So, I mean there is a... I believe that there is a fair, middle of the road answer to the problem, but this isn't it. And I will close that nobody has ever come forward and raised concern since the day that Six Flags bought it, I think it was back in '94,that people were walking up the west side of Main Street in a shoulder that's about two feet wide, has a guard rail and then a drop off into a ravine. They're at a hell of lot; excuse me, a heck of a lot more risk than somebody walking on a dirt path. Thank you. • President Rheault—Thank you. Next, Maxine Grillo. Maxine Grillo—Maxine Cirillo, 986 Main Street. President Rheault-Maxine, excuse me, could you pull that microphone closer, so that we could get a little more...volume... Maxine Cirillo—Okay. The timing that this town has chosen to create and now amend this new parking law seems to have coincided with the opening and closing of Six Flags. The three businesses that park for Six Flags lost the entire season due to town politics. To try and it possible for people to park now to service Big E patrons but not Six Flags patrons, is total discrimination. The town says this parking is solely a safety issue. Where was the safety issue when Six Flags was allowed to operate its large amusement park placed in the middle of neighborhoods where children and families alike continue to • walk back and forth along the street with never a sidewalk in place for their safety? Where was the safety issue when Six Flags' employees walk along the highway to get to and from work? Where is the safety issue when Six Flags' employees walk from their main office across the street to the park? This isn't about safety! If anything, the safety issue has been worsened due to this law because people don't want to pay Six Flags parking prices. They park far away on side streets and they continue to walk on the street to get to the park. This parking law should have been called"Only No Six Flags Parking". How coincidental that the evening the town created this law, Mayor Cohen had lunch with Mr. Litman. Six Flags has hosted dinner parties at the Federal for town officials. Also, Mr. Magovern should not have been allowed to vote due to the fact that he receives money from Six Flags for his scholarship, and I would imagine that would • influence his decision-making. Also, an hour ago in the parking lot, Mayor Cohen had his head halfway in Mr. Litman's car engaged in who knows what conversation. It appears that Six Flags has a great deal of interest with Mayor Cohen and Mr. Magovern, a member of this council. There is a word meaning a secret agreement or cooperation for deceitful purposes...the word is... well, maybe... neighborly...Thank you. r President Rheault—If you, we are limited on time for speak time, so if you could hold your applause, I would appreciate it. Tony Cirillo. Tony Cirillo—Hello, My name is Tony Cirillo. My address is 986 Main Street, 1508 • Main Street, and 1744 Main Street. I own three properties on Main Street. I bought a piece of property at 1744 Main Street; I think it was June of last year. Before I bought it, people were parking cars, there was no problem. Soon as I bought it, I got a Cease and Desist letter. And I asked the Inspector why I got this. He says "You know why I got this. It's account of you." I says "That's nice." In the meantime, I run my restaurant • Twisty's down the street. And, uh, last time we were here, you guys passed an amendment that safety issue about people walking from our three parking lots to Six Flags is a safety issue. But in front of my restaurant, I have over a hundred kids during the day, `cuz I work there ten-twelve hours a day, walking on the road, NOT even on... there's no dirt path, `cuz Six Flags took the break down lane and made it one direct thing to their, uh, main, uh gate. And at night, when I close, I got people walking on the other • side of the street right in the road! Where is the safety issue with this?? Like I said, I had nothing but trouble since I had this lot mostly because of neighbors. You know, and I can understand some of their beefs. I have a lady next door to me has goats and chickens on agricultural piece of land. I got a guy two houses down that's got ten wheel trucks with asphalt driving in and out. May be that's a safety factor too. But I try to you know, do • what I can, and uh, I just don't understand all these things have been passed, so fast, you know. It seems like somebody's got some kind of pull with somebody. That's all I got to say. Thank you. President Rheault—Billy Chester. • Billy Chester--Good evening counselors. My name is Billy Chester on 320 Barry Street, Feeding Hills. I think we all knew long before the vote was taken by the City r A Council on the Senior Center that each counselor was in favor of the project. And • anyone who would threaten any council member, hers or his position on this board, if they did not vote for the senior is a disgrace. I guess that this is what you would call dirty politics. So let me say to those individuals or individual,what goes around, comes around. And believe me, it will happen, I've seen it done. This council before us serves the whole town, not just a few or any special group. The whole town? This center was a gift to the seniors by the council's vote, not the Mayor. Remember this, seniors, at • election time? I say to the Mayor, last week was nothing but an election campaign gimmick to get re-elected. There was no need for all the media and Channel 22 to be present. That meeting could have been held at a regular council meeting instead of calling for a special town meeting. The building is going to cost the tax payers of Agawam not 6.4 million but 9.4 million dollars. Three million of which is the bond • interest according to Ms. Placzek which is almost half of the cost of the project plus enormous amount of upgrading cost. So in reality,what do we have? A state of the art 23,420 square foot two-story building, costing 9.4 million dollars plus high operating costs for one hundred to a hundred and fifty citizens. And that is totally insane, yes insane...for 150 people. I would not plan on the baby boomers going to the Senior Center. It was stated that they would have six thousand seniors in Agawam and only one hundred and one hundred fifty go to the center. So that should tell us something. So Mayor Cohen, I would not go around tooting your horn that you got the Senior Center for the seniors when, in fact, you put the tax payers more in debt and raise our property tax. And do not blame the Council for this humongous building. There is one thing I ask of • the Council, please make sure you have all the information you need and want from the Mayor, any department, or any organization. If they refuse such information,then do not vote on the item until you have all the facts and figures. Do not vote on just bits and pieces of information. The second item, now, is the Captain Leonard House. We all know that they are a private enterprise, but they'll be others here that would tell you • different. They should not receive any monetary funds from the Community Preservation Funds or any other funds of this town. I am opposed that Captain Leonard House is receiving tax payers' money from any account whether from the Historic Commission Fund or the town fund. Again, I do thank you for your time. President Rheault—Thank you. Reverend Ron Sadlowski,better known as Father Ron. • Father Ron—Thank you for this opportunity to speak to you. Father Ron Sadlowski, 1103 Springfield Street, Feeding Hills, Pastor of Sacred Heart and I'm here to speak on the special permit because our mission as a parish is service, service to the town, service to the citizens, service to the various groups in town. And we have been doing that very well for many, many years, decades. And so there was a real serious issue with this permit when a police officer came and said"well you can only have parish-related parking". And we would always have and they always set in advance the Golden Agers, Chapter One, Chapter Two, The Lions' Club and The Friends of Agawam Senior Center. So I announce to our people that weekend uh, that because of this special permit,you are no longer allowed to do this. We were friendly to the town,to all these groups, and now this new passage is making us unfriendly and creating stress and tension. We have one parishioner who is in charge of Chapter One and she was very anxious and nervous. • "What are...you know... what am I going to do? I planned these trips,these overnight trips...uh, where am I going to park?" At that time, there's no place to park because the town has been fortunate to have both Sacred Heart and St. John the Evangelist parishes to be gifted with good sized parking lots. We also have seven ball fields that we work together with the town, with the town.children. And we have developed a partnership with the Agawam Little League and the police officer almost said, if I didn't say the word `partnership', the Agawam Little League cannot use your fields. So it shows the ramification of what you have and what was passed. Um, so public safety, I think it's a smoke screen for power. I really do. It's a smoke screen(APPLAUSE) for power, for control and for dictating to everybody, that this is how you're all going to be. This is how you're going to act, this is what you can only do. And let me let you know this, you know our parking lots. I have a building and maintenance person that looks after the condition of our parking lots, so am very well aware of how safe those parking lots are. And I make sure the tree are trimmed and everything else so none of our children and young people who use our fields ever get hurt. So that's the extent that the parish goes to for public safety. Sunday I was walking the sidewalks...if you want an issue for public safety...the sidewalks are horrendous. They need to be funded for new sidewalks. And if we're going to encourage people to walk more, give us a chance with better quality sidewalks. The exemption that the Mayor suggests, I've talked to him twice. I says it makes no sense, `cuz the money that we get into the parish are all volunteer contribution. And I'm not going to use volunteer contribution for a special permit when I don't have to. And I think the whole thing should be scrapped. Why should we go through the whole process for a special permit when the parish had to do that when it came into town and was formed? The parking lots had to meet the regulations; it had to meet all those stipulations that the town had. So why do we have to have another permit process? I'm afraid that if you allow this process another one will come down the roadway, and another one and another one. And I think we should, uh,just can the thing and restart, and I ...I...I...I'm tired of this thing of where the poor marginal people, the seniors,the youth, are really being uh, punished, and so are the parishes being punished by this for what we're doing right. President Rheault—Michael Palazzi. Michael Palazzi—Good evening Council. Michael Palazzi, 1670 Main Street, owner of South Agawam Storage. Dear members of the council, the last time I addressed you was at the last council meeting in June when the Open-eared Transient Parking Amendment was being discussed. I was advised by several members of the council that I should support this amendment because it would help me obtain this parking permit. Well, I'm here to tell you tonight that it has done nothing but the complete opposite. It has been a long, drawn out, misleading, confusing nightmare. And I'm still trying to jump through political hoops to obtain this permit. Mayor Cohen has stated that this new amendment opens up the opportunity for more people to apply. Apply for the permit? Yes. To actually receive the pertnit? Almost impossible. My venue is storing vehicles and the obstacle to receive the permits are catastrophic. During the past two months, I have attended numerous meetings of the Planning Board, Board of Appeals, I leave these meetings with my head spinning. There has not been one accident by my business or surrounded by the area which I park cars in. At one of the Board of Appeals meeting, I refuted many of the safety issues raised by the Police Chief. I have pictures and documentation illustrating that many of the potential safety concerns from my neighbor, Tony Veilleux, at TYs Sport House, are occurring at Six Flags parking lot, which I can show at point in time. Why are we being held to higher safety standards from Six Flags than Six Flags? My opinion on the Amendment of the Parking Permit regarding safety is definitely a smoke screen. It's all about money. I was charging $10.00 to park cars. Six Flags charges between 15 and 35. Some customers prefer to save money and walk the fifty feet on the fourteen foot easement to the park, never having to cross the street. Six Flags didn't like that. I believe that you all have received a copy of the article that was printed in the Washington D.C. newspaper where a very similar parking issue was happening, which I believe I sent to all the councilmen here and emailed as well. This • similar issue was also discussed in yesterday's Franklin Republican as well. I'm sure probably most of you probably read that equally as well...what's going on. Dan Snyder, owner of the Washington Redskins, is also Chairman of the Board of the parent company of Six Flags. In the past, he has attempted to manipulate local governments to enact a pedestrian ban so no foot traffic could enter the stadium, stating safety was the issue. In fact, it wasn't safety; it was money. They didn't want people parked in other parking lots except their own, trying to capture all the parking revenues. Does this sound familiar? This initiated a lawsuit and the outcome was the pedestrian ban was lifted allowing other lots to park vehicles. If safety is really the issue, would Six Flags work with me as an abutter to the property? I'm willing to install a gate in my back property to allow parking customers on my property to access Six Flags' sidewalk right to the footbridge. Pm asking the Town Council to amend the Open ear Transient Parking Permit or rescind it, hopefully. This amendment can't continue, so I may continue business as usual. It is creating a hardship for my business as well as the surrounding small businesses in the area. I also feel I should be grandfathered in under this amendment because I have a v license to store cars, boats, RV's; which I've been doing for the past twenty years without any issues. Thank you for your consideration. President Rheault-Thank you. Rose Palazzi. Rose Palazzi—My name is Rose Palazzi, 36 Trinity Terrace, Agawam. I can't believe what is happening in town and how this parking has really gotten so out of control and why. It was just to prevent those across the street from Six Flags from parking cars for Six Flags' visitors. I was at a meeting the night that you voted to amend the parking ordinance and after the amendment was drafted, I spoke with a few of you. Five to be exact and I was told with the new changes, it would still be possible to be granted a r special permit. We certainly would have to comply to all the new laws to ensure safety, which we would gladly do. But going to the Board of Appeals and Planning Board meetings, it became a different story. The requirements are so severe and so unrealistic, you can see, it just isn't going to happen. In fact, it didn't happen. TY s Sporthouse has already been denied. He was the first to apply after the amendment. At what point, did everything become so difficult for the whole town? We all know about the tag sale and Sacred Heart parking lot, the Big E parkers, store owners have to be careful who parks in their lots because if they're there overnight, without even if they don't know they're there, they have to pay $100 fine for each car. Churches have to take out permits, $250 a permit, every two years. There insurance increased because of this, I was told by one of i the priests in town. They had an increase on insurance. But the most bizarre of them all, was when the Blood Mobile was asked to move while they were in St. John's parking lot receiving blood from donors. Their saving grace was a church organization just happened their sponsor so fortunately, they were able to remain,but if not; the Blood Mobile would have to be moved. I can go on and on, but I only have five minutes. I think we personally felt Agawam Storage had been treated very unfairly. The first time we applied for the permit, it was before the amendment. We were strongly advised to withdraw our application because with the new amendment, everything was up in the air and everyone seemed to be a little confused as how to handle the new law. We did as we were recommended. We withdrew. And when we asked for our fee of$250, we were • denied. At the second Board of Appeal meeting, again we requested our refund. Again, we were denied but the chairperson said that she would ask the Mayor to see if he would consider it. She came back on the third meeting and we were told that the Mayor and the law office said no, no refund. So, when we applied for the second time, we had to pay an additional $250. Another condition that I personally quite, I don't understand it; we are being made to make a walkway from where the cars are being parked to the street. We are prepared to do this if we have to, and I realize safety is the issue. I know white parking lines and handicap requirements are needed, but a walkway from each parked car to the street? There isn't a parking lot in the town that has it. Rocky's doesn't have it, they were granted the permit. There's not a school, a church, a bank, the police station, the town hall, the senior center, and not even Six Flags,they don't have to. Why do WE have to? The Mayor and Six Flags constantly state that it's a safety issue. I want it on record that never, not even once,has there ever been an accident in our parking lot, nor anyone walking from our property to Six Flags in twenty years, actually over. The only accident that occurred was most recently when the Mayor ordered two cruisers to be parked in front of our business deterring anyone from entering and they were responsible for two cars to collide...the cruisers. That's the truth. (APPLAUSE) President Rheault—Thirty seconds, Rose. Rose Palazzi—And it wasn't necessary for the cops to be there because we were not parking, we were told not to park so we didn't park. Why would we park when we were told not to when it's $100 per car? They were there to harass us but the sad part of it,the restaurant in that complex, only had two customers in four days, four hours, pardon me, in four hours,that day the police were there. And the convenience store had next to none, they were frightened to come in. And it a Saturday which was their busiest day. Michael A just mentioned the article written... President Rheault—Excuse me, Rose. About 30 seconds... Rase Palazzi—Okay,just let me add up...I'll skip whatever else I have, but I want to just say this. I'll end with a quote from the reported that wrote the article in the paper. He said, and this is his quote, "The big companies control the public sectors and get the government officials to do their bidding and when I find things like what is apparently s going on in your home town, I get scared of the way things are going in our country." Don't let this happen in Agawam. You have a second chance. Please appeal the parking ban. Thank you. President Rheault—Susan Mutti Hayes. Susan Mutti Hayes—I'm Susan Mutti Hayes. I live at 38 Ottawa Street. Um, I guess if I was a member of the town council, I'd be really ashamed of myself for passing that little law but I guess, what I really want to say is that, um, I wouldn't to concerned about the safety outside of Six Flags. I'd be much more concerned about the safety that goes on inside Six Flags. There been numerous accidents over the years, more so than anything that ever went on on the outside. I'm here... I don't have a parking lot in my yard. I • wish I did. Um, `cuz I certainly would put cars there. I'm only here because Mr. Rheault was on... hope I'm pronouncing your name right... was on TV and I'm all for what you had to say about rescinding this and that's why I'm here at the meeting to support you and your views. And urn-that's all I have to say. President Rheault—Thank you. Mary Jane Jensen. Mary Jane Jensen—Good Evening Council, Agawam Citizens. My name's Mary Jane Jensen. I live at 65 Kanawha Avenue. I own a restaurant Bobbi J's at 1668 Main Street, the restaurant that didn't have a customer for almost four hours because of policemen out front. I bought the restaurant in January of this year um, hoping that I would have a better business in the summer with the crowd that parks. Unfortunately, with the new ordinance, my business wasn't as well as expected. I'm struggling as a restaurant. Since I bought the business, I was ordered to take down my sign off the street on the poles. I was ordered to take off a little sign off the tree belt advertising that I was open on Friday * nights. $50.00 a day if it stayed out there. So now on the street I have a little sign that says restaurant hoping that people will know that there's a restaurant there. And my neighbors can't park. I'm in the plaza that the Palazzi's own um, I still have to deal with the trash. People free parking, people come in,they just pull in. My waitresses have to run out, catch `em and tell them there's no parking. I stopped the towing cuz that was just a hassle. I still have to deal with the trash. My trash is elevated and vandalizing to • the building. The children or the people leave their trash. They get out of the car and they leave their trash. I'm here supporting,hoping that you change the ordinance. Help the small businessmen. I like my restaurant. I like my landlord and I love my neighbors. I was hoping the Six Flags would be a better neighbor. You know, we try to send people over there and have a good time. We'd hope that they'd send `ern to our place, cat, drink and be merry, but unfortunately, they are not being very good neighbors. I ask that you don't let Six Flags bully the town around and let the small businessmen operate and try to survive. Thank you. President Rheault—I never get this one right. Louis...I can't read that, I'm sorry. Well here she is. r i Lueen Jodoin - You did get it right. My name is Lueen Jodoin. I reside at 1736 Main Street. And I find myself in quite a quandary. As I can feel for some of these businesses further up the premise from mine, it was the business next door to my residence that prompted my support of this parking ordinance. We are a very small neighborhood, all residential houses, where these other businesses are it's all business with paved parkways and everything else. The rest of us just reside in regular houses with some expansion of land and um, contrary to the business owners of 1744 Main Street, I have lived at my r property for 11 years and nobody has parked a single car for Six Flags. Nobody until they purchased the property. Personally, as well as my neighbors being affected,we have not had to put up with patrolling our neighborhood. There's no more parades across our front lawn. No lost individuals wondering through our yards trying to find their parking, where they parked their car, in the dark mind you. Um, we know longer have to view public urination, whether it be on our own premise or our neighbor's premise.- We don't have to pull trash out of our mailboxes anymore. Or our bushes, quite frequently I have Pampers left in mine. Um, you know, we don't have to tolerate U-turns in our driveway, we have rights. I'm all for entrepreneurship, until it affects MY rights. And as a homeowner and a property owner, we have rights that need to be supported. And this ordinance pertaining to.our issue helped out quite a bit. Safety was a concern. I can't tell you how many people walked across the road, strollers in hand with children. Prior to these individuals purchasing the property next to mine,there were numerous accidents, numerous...car accidents, motorcycle accidents. And I won't get descript in the atrocities that were viewed outside my own driveway. So yes public safety is an issue. It's not the main issue but it is one of the issues. And unfortunately from our area, there is no safe way to get those people to that park. And you can shuttle them all you want but if they don't want to wait for a shuttle, how do you think they're going to go? So I ask you not to move backwards, but to move forward. There has to be some way that we can appease everybody. Our safety officers, you know, have enough issues to deal with that we should support their plans for safety in our town as well as many visitors that come to visit our town. Nobody wants the town to be liable for somebody being hit nor um, anybody being injured walking across our properties. It brings into question, homeowner's insurance and property values with this going on next to our house. For the last two months, we were able to reclaim our neighborhood and it's been quite enjoyable, I'll have to tell you. There's been no hassles for the last two months. So I ask this Council to look at another means of moving forward not backwards because if we repeal this amendment, I'm sorry to say, I feel we will surely be moving backwards. Thank you. President Rheault—Helen Krupcziak Helen Krupeziak—I'm Helen Krupcziak, I live at 1730 Main Street, Agawam. And first of all, there never has been a problem since Cirillo's moved in. They parked the cars, we've had our property destroyed, my mailbox broken, and Six Flags has plenty of parking for the people. And not only that with all the trash and no bathroom facilities next door. And that's my issue on Cirillo's parking. I thank you. President Rheault--Julie Smist • Julie Smist—Good evening. My name is Julie Smist and I live at 106 Hamilton Circle in the Feeding Hills area. I'm not a native of Agawam but I have lived here for thirty years and I'm also a member of the Sacred Heart pastoral council. And I'd really like to speak as a person with no vested interest and uh, a detached observer, more than anything. I think that from what I've been hearing, reading in the paper and hearing from the previous speakers, that it seems that this ordinance was not well thought out before it was voted upon. Not all the ramifications were thought out. I think that the Council tried to • address the issues that were just spoken by the two previous speakers that there are issues of the people who live in the neighborhood of Six Flags. All too often,however,people try to create a law that's going to encompass everyone, instead of just addressing the specific issue. There's an issue with the people who live near Six Flags. That's the issue that should be addressed. If it's a safety issue and there are no sidewalks,perhaps the • town should fund the building of sidewalks so people wouldn't walk on the road. So I think that,I'm not a politician, I'm a scientist and I deal with data and I haven't seen any data. I've heard that there haven't been any accidents so that the public safety issue seems to be something that you try to wrap around to create this rule that you've created. I know that I've heard that non-profits are going to be exempt from this particular thing. As you start making amendments to a rule and you end up with more exceptions than you have the rule, then the rule makes no sense. So I would respectfully request that the Council really revisit this issue, reconsider it and I don't think you should go backwards. But I think perhaps if you repeal this specific parking ordinance and come up with a better one, then everybody would be happy. Thank you. M President Rheault—Joan Camanche Joan Gamache—My name is Joan Gamache and I live at 24 Dwight Street, Apartment 5 in Agawam. And I take issue with the fact that all the church parking lots have been put in with this Six Flags deal. It certainly is not anything that we have to do at Six Flags. We have parking for our senior citizens who come and look forward to our trips. I represent the senior athletes. We work out of the Agawam Senior Center and I goal is to make money so we can represent ourselves, give our senior citizen athletes a chance to go to the senior Olympics. And we also like to donate some of our funds to the Special Olympics and we like to do other charitable organizations and give them a boost if we • can. Now this parking thing is really um, I can't understand why we at the churches are lumped in with Six Flags when we have nothing to do with Six Flags. Our parking lots are just wonderful for the senior citizens to park there. I'm sorry I'm out of breath. And uh, it's a safety case for them. They never park in the back of the church. They are not going on the sidewalks; they are not going in the roads. They are safe where they are. • And this is what we need, a place for them to be safe and for them to know where they are going. And I have people coming from Westfield, Southwick, Wilbraham, Greenfield, Springfield, and our senior citizens here in Agawam and we like to have a place where we are safe and St. John's has given us this place and we really, really need this place for our senior citizens. Thank you very much. • President Rheault—We have a few more speakers in the allotted speak time of the Council rules says expired, we'll entertain a motion to continue. • Councilor Letellier- Motion to extend citizens' speak time. President Rheault—Motion made by Councilor Letellier, seconded by Councilor Magovern. All those in favor? Opposed? It's now extended. Donna Billard. Donna Billard - My name is Donna Billard. I live at 21 Virginia Street. I do not own a business near Six Flags. I don't have property near Six Flags. I live behind a school here and this is my first appearance before any of you. It was brought on by the article that was in the paper on Monday on Six Flags' safety. First I want to tell you that I am the mother of seven, grandmother of two, former police officer from the Boston area who changed careers at 50 to become an educator in Massachusetts. I have a great love for i children,they are my passion. And I used to go to Six Flags quite frequently. I would park at Agawam Storage and go over to the park with my kids and enjoy it. When I could no longer park there, I've tried twice to park at the Six Flags parking up on top. If .none of you have ever parked there on a weekend, try it and give it an experience. There are kids who are running wild, parents who are exhausted after their day at Six Flags. Their kids are running, you're trying to back your car out, you're trying to pull around kids and I have stopped, honestly, stopped going to Six Flags and cannot even tolerate the parking lot back there. The kids that run, the parents who are tired, like I said, it is proposed...I'm surprised an accident hasn't happened there. Because there is no walkways that—the parking is tremendously large and there's absolutely no way for kids to walk safely in between the cars, down the aisles where cars pull and pull out and not have an accident waiting to happen. To stress that parking is a concern for safety,then I really do believe that you should take a closer look at the parking lot up in the top where Six Flags parks its cars. If you really are concerned about children's safety, that's where you issue should be. Thank you. President Rheault—Larry Litton Larry Litton—I guess everybody knows who I am, but uh, for the record, Larry Litton, 1623 Main Street. I'm the Park President of Six Flags. I just a couple things prepared but I wanted to respond to a few things. Mrs. Cirillo's statement that I had lunch with the • Mayor the day that the ordinance was passed was completely untrue. 1 didn't even go to the meeting you guys had. I have a business to run. I diet talk to him before the meeting out in the gym and I'm not sure who she saw his head in his car tonight but uh, I was at the park until I left for this meeting. So I'd just like to set the record straight on that. Basically, when I moved into town and I'm sure it's been well documented, it's been in all the papers, I moved here last September. I was unaware of the previous parking issues or the challenges that went on. I can tell you probably the third night I was here, I pulled out of the parking lot and almost hit a kid that was on his way to the lot that the Grillo's ran and was greatly concerned about it. What I did and what I think was the right thing, is I reached out to both the Mayor and the Town Council specifically, Mr. Rheault and Mr. Magovern, and said I was new to the area ...uh, the process that I used, that I followed seemed like the right thing to do. We're being pulled in, I didn't know anything about the churches, I was new to the area. Never been to the Big E. I sit on several i boards with members of the Big E, we have a good relationship. My intent was simply to address the three parkers that were running businesses that they weren't licensed to run and that they weren't running properly or safely. Mr. Rheault for you to say that you were duped into this, I take great offense at. You were involved from day one. We had a meeting at the Park at my request. You, Mr, Magovern, the Chief of Police, the Mayor all attended that meeting. I believe somebody from City Planning came in too, although I don't recall the gentleman's name. We stated our case and we stated our concern. At that time, the Mayor took the initiative to try and right up some sort of ordinance that could possibly address this and give people who wanted to do it legitimately and file the proper papers and pay the proper taxes, the opportunity to park. And I know several council members were involved in that meeting. At that point, I was brought before this board and uh, Gina specifically, I believed, was not comfortable with it, said she had not • had enough time to review it. Several of you that had not been at that meeting, had not seen it yet and asked for more time. And it was pushed back one more meeting. And there was another meeting at the Mayor's office, where again several council members attended and helped write this ordinance. I want it publicly stated I was at none of the meetings. I had a very specific issue, a very specific concern. My contention has always been if someone is properly licensed and runs their business properly then God bless them. They certainly have the right to do that in this country,this state, this town. Uh, why this has become a Six Flags issue, we didn't write the ordinance, we had no part in writing the ordinance. Uh, of course, safety is our issue. We can talk all we want about the lost revenue we've got, uh, I sometimes get confused because Mr. Palazzi has been quoted in several articles that he parks 100 cars a day. I believe his plan calls for 36 cars, so I don't know how much revenue's involved. Uh, Mr. Cirillo, I have no idea, I don't think he even had a business license and clearly he was the most egregious in the violations of the safety. But it was never our intent to shut down legitimate businesses. And I want to go on public record for that. If these gentlemen are able to come up with a plan and safely get people in and out. We have no problem with that. Thirty six places in Mr. Palazzi's parking lot, I've got almost 7,000 parking spaces. 36 parking spaces is not going to affect my bottom line, it's not going to affect my business. But if someone gets hit by a car or God forbid killed by a car that would have a tremendous financial impact on it. It was mentioned earlier that uh, Mr. Magovern should uh, you know, recluse himself, if that's the case; everyone in Agawam should because we are good • neighbors in Agawam. I've donated over$21,000.00 to different groups in Agawam. We've given away thousands of tickets to the people of Agawam. We've done signs for the town of Agawam. We're in the...we're gonna do one for a school coming this fall that's celebrating its fiftieth birthday. We're proud to be in Agawam. We consider ourselves good neighbors of Agawam and I feel that this whole thing has gotten completely out of control. The affect that this has had on churches and non-profit organizations was never our intent. In fact, I reached out to Mr. Magovem. I asked to have lunch with him and Mr. Rheault. Mr. Rheault chose not to do that but I did tell Mr. Magovern that Six Flags would be willing to pay the fee for the churches if that was the big issue as long as they could safely do it. I mean, you know, I've literally been • harassed at public meetings over my concern for safety. I don't know about the safety of the Big E. I assume that you people are all knowledgeable and know what you're doing and that you would have addressed that in the ordinance. I have great empathy for the • Big E people but the reality is, I know for a fact,that 600 letters were sent out two different times giving these people the opportunity and the ones that were in a position that could legally park, had the opportunity to apply for the permit and did not. Uh, President Rheault—Excuse me, you have one minute Larry. Larry Litton—Okay. It seems to me that the right thing to do here is not to repeal it and • start over. I know that was a long process. Apparently, it went on a year before I got here. It seems to me that it should go back before the Ordinance Committee and be reviewed and possibly amended to make up for some of the errors in the Ordinance as it's stated. Uh, I keep hearing it's all about money and clearly it's all about money but it's not about money for Six Flags, it's about money for the Palazzi's, and the Cirillo's and TJ's, and uh, again, 36 cars is not going to affect my business. If a legitimate licensed business that can safely serve their patrons can park cars and they can be guests of Six Flags, we have no problem with it. But I did take great offense to the council and you particularly, Mr.Rheault, saying that you had been duped into this and this was all about Six Flags. I approached you for three specific instances across the street and never in my wild dreams did I imagine it would turn into what it's turned into. I do have photographs if memories are short as far as the people crossing the street and the unsafe behaviors. If you'd like to see them, I'll leave them here. Thank you. President Rheault—Thank you. Jason Freeman Jason Freeman— Good evening. My name is Jason Freeman, 1623 Main Street, Six Flags, New England. I've been employed by both Riverside Park and Six Flags N.E. for the past 22 years. I've been a long time resident up until recently of Agawam and I served on the Planning Board for a short time as well. I'm here to talk about the ordinance,the parking ordinance again and to clear up some issues that were brought up tonight. First of all, it is true that people walk up and down Main Street,there's no doubt about that. As they do on many other street in the Town of Agawam. The difference is in front of Six Flags you have a concentrated number of people. You're talking hundreds of people. If Mr. Palazzi parks thirty cars and we estimate 3.2 people per car,that's a national average that theme park business uses, you're talking he parks about ninety • people. Same thing so if you go down that road and you have.five people parking, you're talking 150—200 people that are going to be walking up and down Main Street in that area. And I can assure you looking at the photos that they're not walking down the path. They're walking on the state highway in danger. Um, the other issue I'd like to bring up is the um, um, the issue with the uh, uh, incidents. There has been that I can recall in the last twenty years, there has been three pedestrian incidents, two of them were police officers directing traffic in full regalia hit by cars in that area as well as a pedestrian crossing the street down by Mr. Cirillo's property, obviously he didn't own it then, but there was a pedestrian hit by a car there. Then there was also a fatality in 1988 right at the entrance to Six Flags involving a vehicle. So again, the fact that there aren't any * accidents or incidents there is false. Those are three documented or four documented incidents of people being injured out on Main Street. Regarding the uh, um, Planning Board and the comment that was made earlier tonight, I can recall specifically a meeting • that I attended not as a Planning Board member but as an employee of Premier Parks, + where we were all but ordered by the Planning Board to stop pedestrian traffic on Main Street to and from our back parking lot. And that was the year that we were permitting our bridge. And I, I call each of you to pull the minutes if you need to but it was clearly stated to us that Premier Parks needed to stop the pedestrian traffic. And we did. We mitigated that. We built a bridge. We built ample parking in the back parking lot to mitigate that, to make sure that people aren't going to get injured as they're coming to and from our property. Again, as a Risk Manager, it is my job to perceive risk. And my twenty two years of experience is telling you that there will be somebody hit by a car, crossing or walking down Main Street in that area. In our back parking lot, I'll clear that up. Our parking lot was designed professionally by an engineer, approved by the Planning Board. It truly has walkways, um, but the other thing that you have to ♦ remember there is people know that they're in a parking lot there. People that are backing up their cars understand they're in a parking lot. The difference is on Main Street, a state highway coming through the town; people are driving to and from a distance not thinking about.Six Flags being there. They are traveling at a high rate of speed and they're coming across pedestrians that are walking across the street. So therefore, I certainly understand that there might be some issues with the current ordinance. I would strongly suggest and recommend, and hope that the Council takes an amendment and does not repeal it. Thank you. President Rheault—Ed Czelazewicz . Sorry Ed. I missed it last time too. * Ed Czelazewicz- Every time. Edward Czelazewicz. 1720 Main Street. It's quite obvious, uh, the amendment is affecting more people than it should be, such as churches, senior organizations, or anybody else who might want to park. I haven't noticed any issues with safety when the Big E is in town. Things apparently go smoothly over the years when the Big E is in town. Mr. Palazzi's parking lot, for example, I would consider a safe parking lot. I don't see people crossing the street from his property to go to Six Flags because they can't. They have to go over the pedestrian bridge, South of Mr. Palazzi are residences, one of which I live and there was a transient parking lot operating in 2006 and the beginning of 2007 which put about 80 to 100 cars in its lot at 1744 Main Street. Both patrons had to cross my property and my neighbor's property to get to Six i Flags which I did not appreciate at all. I thank the Council for enforcing the policy, making it stronger than the previous one that really couldn't have been enforced. Um, it got out of hand in 2006 when people on the neighborhoods, the residential neighborhoods, were parking cars, flagging cars in, off of Main Street, to drive down Sunnyslope and park there. There were many people walking down the streets. That is a » safety issue. And that is at the extreme south end of the park. It's not in Mr. Palazzi's area; it's not at the Big E. So I just uh, hopefully, you don't repeal this all together,but just amend it because if it is repealed I'm in fear that there's gonna be many people crossing my property and people in the residential areas will open up their parking lots and it will be lawless as it was in 2006. And furthermore, if it repealed totally, I just may join in and open up my backyard to about 150 cars and we'll have pedestrian crossing my other neighbor's property as well as the street. Thank you. i President Rheault—Louis Russo. Louis Russo—Louis Russo, Highland Street, Feeding Hills. First, I'd like to know which Councilors were involved in helping the Mayor write this ordinance. I respectfully request those names and as you know me, I'll keep asking until I get them. Anyhow, since the time we went to our mayoral form of government, our city Councilors occasionally, not often, but occasionally, pass legislation that made no real sense and which hurt many individuals or groups. The parking ban ordinance is a good example of passing such a law without thinking about the ramifications towards those individuals or groups that it truly affects. This law was not written or created by the Council but rather by the Mayor and some Councilors now that we have learned who has had a direct relationship with Six Flags going back to before he became Mayor. I'll repeat that, has 0 had a direct relationship with Six Flags going back to the time before he became Mayor. Excuse me. What is worse is that our City Council never made any attempts to correct the mistakes in the Mayor's proposed law. In this case,nothing was done to prevent the adverse affect this law has had on charitable and non-profit organizations and individual businesses that are forced to lose money through no fault of their own. There's always 0 been a rule of thumb that I devised as a student of business when I was in college, and I've always followed which is and I quote "When big business supports any kind of legislation via local, state, or national, you can be sure that only big business will benefit the most from that legislation." In the case of Six Flags as in all cases, that benefit can only be financial. Make no mistake; this ordinance is about money and not public safety. Some of you on this Council, know it and so do countless students, I'm sorry, countless residents of Agawam. And incidentally, getting back to the uh, remarks regarding 36 cars in one place not having any real effect on Six Flags, has anybody been ...those 36 cars...it becomes more when you consider the daily turnover in just that one spot with those 36 cars. Multiply it by a number of places offering parking and their daily turnover. It obviously becomes quite a bit of money,probably between$50,000 and $75,000 a month. Furthermore, with all the discussion of this being a public safety issue, not once has a town official come forward with any list of accidents involving pedestrians. In fact, going back to when Six Flags was Riverside Park where I worked many years as an Auxiliary Police Officer, most accidents near the park involving cars and all involving people occurred on park grounds and not on Agawam's public ways near the park. Our two town government Ieaders have come up with solutions. First, Council President Rheault has said the parking law should be rescinded and reworked and reworded to make more sense and lessen the adverse affect. On the other hand,our Mayor has said he, at tax payers' expense, ...additional parking and lighting behind the town hall to correct the insanity of this law. I have to wonder why we should spend tax dollars for limited parking and lighting for our seniors and others when we have loads of free parking already provided for them by our churches and non-profits. We should ask ourselves which solution is.best. Should we choose the Mayor's which by the way is reminiscent of the $80,000 planter he built behind the town hall? -The one that no one can see, uses, or even cares about. (APPLAUSE) It's true! Or do we choose President Rheault's solution which allows for additional thought and common sense? I think the choice is clear. I would ask that the City Council rescind the law that we all know is improperly written and rewrite it in a way that protects the rights of those organizations • that have done so much for the good of our community. Rewrite it in a way that protects our businesses that are open, year round, and not just for a few months. And rewrite it in a way that benefits not just one entity with big bucks, but all of us. Thank you. President Rheault—Muriel Adelman. Muriel Adelman--Good evening Councilors. My name is Muriel Adelman. I live at 87 • Meadowbrook Road. I know you all because I watch you on TV. I don't like this parking and how I got involved is, I went to work one day and this older man came into St. John's rectory. He wanted to book his busses to go different places for the next year and he said, we were just told by Father Ron that they could no longer park in his parking lot. And I was shocked because like Father Ron said, in the churches we do things for • nothing. We don't ask. The Mayor says that we took a Iittle fee. We did not take a fee from the seniors. We allow them to park at St. John's like Father Ron. He asked then maybe to park in a certain area in case it snows in the winter time and we have to plow. Other than that, we do everything we can for our seniors. And also I'd like to remind the Council, not only do we do for the seniors but for the kids. If you all have voted on it, St. John's field is rented out to the town for $1 a year. One dollar! I was on that Council when that was voted in. To give—to punish the churches and all they do, it's not only St. John's or Sacred Heart, it's the Methodist church,the Congregational, and the Baptist. Let them park! We don't need a permit. We go by our rules and the rules will go by you. Most of you councilmen dig into your agendas. Denny, you're doing a great job. I asked • you keep digging. Gina, the same thing. Cecile, Joe, I don't know you too well. I only delivered your paper. Donny Rheault, I know you as an honest man, you go to our church. Bob, I don't know you too well. Ruth, I know you. Mr. Bitzas, I do not know. Bob Rossi, I know you were a policeman. Keep up the good work, all of you. But give us back our seniors because you do not have any parking down there. I play pitch at the senior center on Thursday night and I ask you, if you want to believe all these people that spoke that's fine, but get out and see what's happening at Six Flags. There's a lot of undertow. Look into it. They are not treating the children that are going there working right either. And I know that first hand because you had people from England coming over here to work at Six Flags in the summer. And they house them at um, the college in Longmeadow. And I met these students by accident when I pulled up in a driveway in • front of the Agawam pharmacy one time. And the girl said to me, do you know what time the busses come? And I says, well I don't think there's any more busses today. I says, what's your problem? And she said, we're from Six Flags, we come from England. We got a job here. We were guaranteed 40 hours a week. We were supposed to get paid. We have to pay half to the school and we get the other half to live on. They had to supply their own food. And I said well where are you going now? She says back to the school. I says, hop in my car and I'll give you a ride. And the stories I heard from these kids and I told them, I says, I'm sorry to, that you had a bad experience but go back to England and do not any of your other children come. Thank you very much. • President Rheault—The final speaker is James Marino. • • James Marmo—My name is James Marmo. I live at 130 Main Street, Agawam. • Parking—They say it's not the money. It's safety. Well, I'm down at TJ's Sport House every morning around 6:00 and they talk about safety. They have a fork truck go out, out of their storage, out onto the street, down the road about 300 feet down, 400 feet down the road with merchandise on the top of it that the driver can't even see over the top of it. And he's driving down the road! You know the state wanted to put a sidewalk there where the dirt path is. The town of Agawam said no. They didn't want it. You know, • they say it's a safety factor but the people that walk on the road are employees of Six Flags, not the people from the storage, Agawam Storage or TJ's. They don't walk on the road. They were told not to walk on the road and they walk down the dirt path. But the thing is the fellow that the guy almost hit pulling out of the parking lot probably was an employee for Six Flags. You know and another thing, they want to change the ordinance. • for non-profit can park. Why is it not a safety factor for non-profit that it is for our business? The Middle School and the town hall got to walk by five driveways. Also they gotta walk down the hill to the gas station. That hill is too steep. It's not a handicap...And the gas station, you have to walk past that to the police officer. The entrance to the,their,to the um, gas station. The town hall, they're making more room to • park there. They had employees over the weekend, which was a holiday weekend and I'm sure they were not working for nothing, and with the holiday weekend they're getting probably time and a half or double time, and who's paying for that? The taxpayers! And who's going to pay, they gonna put lights in there? Who's gonna pay for the lights? You know, why is Agawam so against business all the time? You know, people from the Washington Post has sent messages up here telling the business people to fight it because you'll win because they won down there. Why doesn't businesses want to come to Agawam? Like where the Food Mart is? That's been empty for how many years? Five years, six years now? More? Oh, that's right. This is an election year, we're gonna get somebody in there. (APPLAUSE) You know, Mr. Palazzi sent some pictures up here of the parking lot in back of the store Six Flags has where the potato field was. I don't know what they call it but that was what it was before, a potato field. And there's people backing up with kids standing behind the car. You can see the back up lights on and kids are walking behind the car. And that's not a safety factor? And like I say, TJ's Sport House was turned down on their permit because they had to walk down a dirt path and they said that it wasn't feasible for people to walk down it. But why didn't the town let • the state put in a cement sidewalk which they wanted to do? The second thing I want to talk about is the town spending money. The senior center, now I have nothing against the seniors getting something better. But they could up a beautiful place for a million dollars not $7 million. The DPW garage was over $7 million and there's people up on South Westfield Street, up on Bradford Drive that can't even flush their toilets. I know, I lived on Bradford Drive for 25 years and I know what it was. And my kids had to go and you couldn't flush the toilet. Mr. Mineo says every year that he gonna do something about that up there, but I haven't heard anything lately. So I advise all yous, members of the Town Council, take this ordinance out because it is only hurting the business people of Agawam. And the business people of Agawam is what makes Agawam. Thank you. • President Rheault—That concludes speak time. Item 2 Roll Call • President Rheault—Will the Cleric please call the roll? ROLL CALL— 11 present President Rheault—Eleven present. We have a full quorum. Item 3. Moment of Silence and the Pledge ofAlleriance President Rheault- Would you please rise for a moment of silence and the Pledge of Allegiance? • Item$. Minutes None. Item S. Declaration from Council President None. Item 6. Presentation of Petitions,Memorials& Remonstrances • 1. TR-2007-30 -A Resolution Authorizing the Town of A swam to Designate as Surplus and Sell Certain Land on Main Street President Rheault- ...Moved by Councilor Simpson, seconded by Councilor Carr • Bitzas. Any discussion? If not, Clerk needs to call the roll. It's going to take 8 votes to pass that. ROLL CALL— I 1 yes. President Rheault—Eleven yes. You've approved the resolution. • 2. TR-2007-31 -A Resolution Authorizing the Agawam Community Preservation Committee to Spend $73,877.00 towards the Preservation and Restoration of the Captain Charles Leonard House as provided for under the Historical Preservation Section of the Community Preservation Act. President Rheault—Moved by Councilor Simpson, seconded by Carr Bitzas. Any discussion? No? Clerk,please call the roll. ROLL CALL—2 Yes (Young, Carr Bitzas), 9 No. • President Rheault---Two yes, nine no. You've defeated the transfer. • • Item 7 Report of Council Committees None. Item 8. Elections 1. TE-2007-8 -Election of City Council Clerk President Rheault— Councilor Rossi? Councilor Rossi—Thank you. The City Council Clerk Sub-Committee had met on several occasions. And we had some nearly thirty applicants apply. The ground rules • that we established early one in our meetings were very simple. That each of us would receive a copy, take them home and independently without any collaboration with one another, go through the applicants and evaluate them. They were to check those that they felt that they would like to see continue into the next phase. At the next council meeting, uh, sub-committee meeting, we had gotten together and of those, some thirty applicants, • and I might say that they were all very interesting and uniquely qualified in their own right. But out of those thirty, there was six that were picked by each member of this committee, unanimously. That meant that all six candidates had to receive a checkmark from each subcommittee member independent from any conversations with each other. If it was two,they didn't make it. It if was one,they didn't make it. It had to be three to • get into the second phase, the second round. The second round with those six candidates was the referrals process where we had to call and to check the qualifications and the referrals that they had given us for references. And of those six,there were four that made it through that process. And of those four, one refused and that left three that were invited for any interview. The interview process was pretty much of the same, that we had listened to all of the candidates that we had invited for the interview. And we made • our judgments independently and after the interviews were over, we came up with a unanimous decision as to who our candidate of choice would be. I will go into it, I will allow my sub-committee members which is Councilor Gina Letellier and Councilor Cecilia Calabrese. I would like to thank them for their support and their cooperation in making this process a very enjoyable experience for me and I want to thank them both for • that, for their hard work and their dedication. The candidate of our choice comes to us by way of the Enfield School system where she was a paraprofessional assisting a special needs. She also has a background as an office manager and secretary to General Manager to the Ranch Golf Course where her primary duties and responsibilities included the administration of the golf course and real estate offices. She also has a background in • law as a secretary in a private law firm and she was an owner/operator of an independent business here in Agawam. She's a product of the Agawam School Systems and she's attended WNEC and Westfield State College with a major area of concentration in business administration and computer science. And it gives me great privilege on behalf of the sub-committee to enter into nomination to this committee and introduce to you our • candidate of choice from the subcommittee, Barbara Bard, of Agawam. And I enter, at this time; I would like to enter her name in nomination for the election into this process. And i will allow for anyone else at this time, • • Councilor Simpson— Second the nomination. President Rheault—There's no need for second...I would also like to compliment the sub-committee for their hard work. I had the pleasure of sitting in on all of the meetings and along with a couple of other councilors. And I think that it was the proper thing to do. It's the first time in over twenty years, we've had to replace the council clerk and I think the process proved itself to be very beneficial and I'm sure that Barbara will do a phenomenal job if elected. Any other nominations? Councilor Perry? Councilor Perry—Yes. I'd like to nominate Evan Knopka (?) from Feeding Hills? ! President Rheault—Evan Knopka. Any others? Councilor Bitzas? Councilor Bitzas—No. I want to make some comments. Can I speak now? President Rheault- The floor is open for nominations. • Councilor Bitzas—I have no...I'm glad that Councilor Perry nominate person and make a point for that particular individual. I don't know any of those people. I got three applications and I ask about four weeks ago, to be sent all the applicants so I have a choice to nominee but I have not received anything, only the last two weeks ago, I • received only three names as you three applicants. Two out of state where they have no potential to support ...and only one single person from Agawam What my choice? Then individual called and he said that he spoke to Councilor Perry and he knows Councilor Perry and also he spoke some of you too. And I encourage him say go speak to other Councilors,maybe you have your selections, not coronation. So when I say the • process that is described by Councilor Rossi, in my language, my English and my greek language still is not a democratic process. Is not an election. We already came here with one name. We have no choice for anybody else. Is not open. Why have a meeting, it was in the paper, they have a meeting, subcommittee meeting, with six councilors present and all have questions and no press allowed. That's not an election. Elect should be... Councilor Simpson'- Point of Information. I thought we were nominating right now not... President Rheault—We are in the nomination process... • Councilor Bitzas—It's a free country and I can speak the process as a comment to Mr. Rossi... Councilor Simpson—After the nominations are closed. Councilor Bitzas—Okay. • Councilor Letellier—Point of Order. I think Councilor Simpson that this is a time for nominations only. Councilor Bitzas—That's fine. I reserve my comments, councilors. President Rheault—Any further nominations? Entertain a motion to close. Moved by Councilor Simpson, seconded by Councilor Perry. Nominations are now closed. There are two names before...Yes? Councilor Bitzas—Now I have the right to speak? President Rheault—Well, I don't know what purpose you're going to serve, but if you want, go ahead. Councilor Bitzas—The system, Mr.... President Rheault—The system was fine. There was nothing wrong with it. It was a democratic process. This was an important position to fill. If you've got a candidate put him on the floor. Councilor Bitzas—I do not have a candidate. President Rheault—Well, then take the choice of one of the two candidates. Councilor Bitzas—I will, I will support the person spoke to me at the meeting. I was thinking not to vote for anybody as protest because it was not the perfect way. I should have all the names here that people there to nominate for everybody else. One I'm glad that Councilor Perry nominate one person. Now it's election otherwise and the people don't know him. And the poor candidate is so sick home he left a message for five minutes and talk and I give him credit and he deserves my vote. Thank you. President Rheault— We have two names in nomination in front of the Council, Barbara Bard and Evan Knopka. Thank you. State your preference. Will the CIerk please call i the roll?...That's a good point. Did either candidate wish to come and speak before so that they'll have the opportunity to have the full council? Oh, there's Barbara. Councilor Letellier - Motion to go into Committee as a whole? President Rheault—Moved by Councilor Letellier to go into committee as a whole, seconded by Councilor Calabrese. All those in favor? Opposed? We're now in a committee. Barbara Bard—Thank you. For those of you I haven't met, my name is Barbara Bard * and um, I would appreciate you considering me for this job. I think it'll be a wonderful experience. And I think I do have the background to um, fulfill the requirements for this job and it would be an honor. Thank you. President Rheault - Thank you. Any questions from the Council for Barbara? Councilor Bitzas—Yes. President Rheault— Yes. Alright, Councilor. Councilor Bitzas—Your name is Barbara? • Barbara Bard—Yes. Councilor Bitzas—Okay. I read resume. I have nothing personally against you and I know you win because the person who told today was sent to us, was told by Councilor that's already been set up, he know he going to lose because that... President Rheault—I take exception to that remark Councilor. We don't need innuendos please. Councilor Bitzas —Do you know anybody here before you play...anybody here your friend? Councilor Simpson— She doesn't have to answer that! Point of Information... Barbara Bard—Well, I've lived here since I was five... Councilor Simpson—That is ridiculous! ...Point of Order... Barbara Bard --Mr. Bitzas. I've lived here since I was five, I'm... President Rheault—Councilor, you know, I've been in town for fifty years and I've know Barbara since she was a little girl and I am delighted to be able nominate,to vote for her. • Councilor Bitzas—Thank you. That's okay... President Rhcault - ... She's extremely competent. We all know somebody. Does Dennis know the candidate? • Councilor Perry—I know Barbara. ...I know Barbara... Councilor Bitzas—I just ask a question. Why you so offended? President Rheault--Because I think you innuendos are out of order. i Councilor Bitzas— So a question was asked, it's a free country, say yes I know many people... Barbara Bard-And, and I do...I... Councilor Bitzas - And I hope you do very well. So where's the problem, Councilors? She answered question. Thank you Barbara. I hope you do very well. Barbara Bard —Thank you. President Rheault— Clerk,please call the roll. i ROLL CALL— 10 Barbara Bard, I Knopka President Rheault—Ten- Bard and one - Knopka. I would say that, Barbara, you have overwhelmingly been the choice of the Council and we wish you all the luck in the world. Congratulations! (APPLAUSE) Item 9. Public Hearings None. Item 10. Old Business 1. TOR-2007-6 -An Ordinance to Amend the Code of the Town of Agawam Zoning Ordinances by Adding a New Article XVIII, "Temporary Parking" President Rheault—I'm asking the Council Vice President to take the meeting from this point on...We need to uh,play musical chairs... Councilor Perry—Point of Information, Mr. Vice President. • Vice President Magovern—Yes, Councilor Perry. I know this is a very heated issue in our community as you can see by the amount of people here, the press and everything else. But this is showing on our agenda under Old Business. It has never appeared under New Business. i President Rheault—That's correct because it is old business because we're revisiting it. Vice President Magovern - ...take over the council until a decision is made... Councilor Perry - ...and I only question... • President Rheault—the Motion purposely was put under Old Business so, because we want to revisit the existing ordinance... * Councilor Perry - ...that's already passed. President Rheault—That's right. We're revisiting it. Councilor Perry—Are you sure? And the only reason I'm bringing this us because it is a very difficult situation that the Council's facing here and I want to make sure we have all our ducks in a row because if we do make a motion on it this evening to rescind or amend or whatever, I just want to make sure it's not gonna come back and bite us because our Council Rules have New Business/Old Business, and that's the way it's always been as long as I've been on the Council. • President Rheault- That's correct. Councilor Perry - So I just want to make sure before and that's why I bring it up. I don't want to stall it. I don't want to do anything. I just want to make sure we're... President Rheault—I understand. I understand. But you're assuming...Don't assume that there's going to be a motion from...we're revisiting the issue under the old...cuz that's the issue we're talking about... Councilor Bitzas —Point of Information, Mr. President. • President Rheault- Your point? Councilor Bitzas—The point that uh, Councilor Perry, brought it, I want to make sure that this is, it's proper because never before happened to put without...and this is the letter I got from her because I don't want to be trouble. I would like to see amendments. I like to see the parking in the church to be gone. I know 100%we support that,we had the proper way to do it. We have under Old Business the amendments but what she send me here be careful, Mr. President, because we going to break the law here. I ask you, and you said you ask me this morning whatever the City Council can vote tonight to repeal the temporary parking ordinance,that the Council cannot June 18, 2007...I'm attaching memos...solicitor Gioscia to City President Don Rheault and also to Mayor Cohen regarding the repeal of this ordinance. As stated in the memo it is the opinion of the department that any vote to repeal the ordinance will have to follow Massachusetts General Law Chapter 40A. This includes having a public hearing and following the same procedures that were taken when the amendment was enacted as clearly...Act 14, Chapter 40A...Another letter that is attached to me which is very important, Mr. President,that...and said no, this is, yea to Don Rheault, President City Council, I write...as to follow up in our phone conversation of Friday, August 24, 2007. You have inquired as to the procedure to change the current parking ordinance presently in affect. Please be advised of the following...may not be used to amend the zoning ordinance of the Town of Agawam. If you are aware... • • Councilor Letellier—Point of Order again. There's no emergency preamble to... the Council... Councilor Bitzas - ...Massachusetts General Law, Chapter 40A, aside the procedure set for...general law 4A must be followed by Chapter 180, 130,Paragraph"Agawam Zoning Ordinance". I agree with Councilor Perry. I sympathize. We have a problem with the ordinance and uh, and we discussed it, but we have to fix it. We have to allow to go to • the zoning review committee. We have to amend it. And all set, nobody have a problem with that and have to allow the church to park, no, no fees and anything, so we can make this ordinance work, but the proper way with the proper procedure and we have some ordinance...enacted...and I think it's wise for us. We did something the past and I'm not be the one to break the law. It's right down here. I took the oath to serve you and I serve • you well. Thank you. Councilor Magovern—Point of Order. President Rheault— What's your point? • Councilor Magovern—I don't think anybody is talking about repealing it this evening Councilor Bitzas. What we want to do is have discussion which is allowed by law that we just want to discuss it and put it to the committee where hopefully the amendments will be drawn up. We're not going to repeal it this evening. We are not voting on it this evening. We're discussing it this evening. President Rheault—And if you don't read between the lines when my conversation with the attorney, I three a question out to him knowing the answer but I wanted to see what he had to say regarding an emergency preamble. I'm fully aware that we can't put this in emergency preamble,just a minute Councilor. And I'm fully aware that we can't take a vote on it, in the matter of time. Councilor Bitzas --We can't discuss it either. President Rheault—Of course you can discuss it. • Councilor Bitzas—it's under New Business. We cannot do it. We, Councilor Perry make a point...we're going to be in trouble. President Rheault—This is...if you don't identify what it is, how are you gonna? All • we are doing is revisiting and gonna send this over to the Ordinance Committee... Councilor Bitzas—We can't do by law and revisit, we have .... We can do later under New Business, but cannot do this here now. Mr. President we can wait until after New Business, we can do that if you want. But this is illegal. • President Rheault--I have to disagree with you, however, it's the Council's pleasure what they want to do...we are a self-governing body, Councilor, remember that. • • • Councilor Perry—And again, Mr. President, I only brought that up because... President Rheault—Do you wish to entertain a discussion on it this evening? Councilor Perry—I have no problem with that. • President Rheault—That's all. The item's been moved by Councilor Letellier, seconded by Councilor Perry and Councilor Magovern. All those in favor? Opposed? The item is up for discussion and now I'll turn it to council Vice President because I have a few things to say. Vice President Magovern—Thank you Council President. I recognize Council President Donald Rheault to discuss the item. President Rheault—Thank you. The purpose of it is uh, to bring all of us up to date as to where we stand with this and how was it presented and probably some of the reasons why. And I don't think there's any doubt in the entire town that there's a problem with the parking ordinance. I received several phone calls, people that have stopped me everywhere, and uh, I must say it's probably healthy for the town of Agawam to the respect that people are involved in finding out how government functions and what goes on. We were presented with an audience, uh an ordinance. The only reason for the ordinance at the time was specifically related to safety. That's what the ordinance was for and behind it, the motive of it. It uh, since we've implemented it and found out exactly how it functions and operates, we find that safety probably isn't the real,the real reason that it has transpired. I don't believe it is anyways. (APPLAUSE) I believe, I believe the Council's intention were good when we voted on it and that's why we voted . on it because we believed, all of us, that safety was the only concern. And uh, who wouldn't be for safety? But I think we were misled. To this date as I see it, it serves primarily the interest of big business in town. And I don't believe it's our function to let big business dictate to this Town of Agawam or to this Council. (APPLAUSE) I've also lost some confidence in the administration's ability to enforce and apply this in a fair and equitable manner. Further evidence of that, is that we now have an amendment or two to • try and fix. In fact, uh, yea, the provision shall not apply to municipal properties... Well, are we gonna set rules for organizations, and one rule for business and another rule for the town? I don't think that's a healthy way. If safety is the bottom line, how can you, even accept an exception to that? How can you make an exception to safety? If safety is the real reason. So where are these exceptions coming from? The town hall wants to be, with all town property, exempt. I mean we should be setting the example for safety. Now, my intention is not to go backwards for putting this on. It's to correct a bad situation and the general public is pretty much aware of this issue. And they're watching us. I had uh, ran into a safety officer today who was Safety Officer in 2004. And I think it would be wise for the Council, when we have an Ordinance Committee, to call him in and to let him explain to you exactly what's transpired since 2004. He showed me some information on correspondence from the town today that bothered me. He showed me where he recommended to have sidewalks on both sides of the street in 2004 at the Six • • Flags area. And correspondence back from the town says we're looking into it and more • than likely we're going to comply with that. We're in 2007 and we don't see any sidewalks. And one good business has been denied an opportunity to park a few cars because he's got a dirt path in the front instead of a sidewalk. Well, if safety is a concern, then I would think it's the obligation of somebody, probably primarily the people that are involved, which is the business,to put sidewalks in. Or to, I know it's a process, because it's a state highway. But if we're gonna talk safety, let's talk safety and my intention ® only is to revisit this issue and to get it so it's done the right way and not hurt anybody. That's my comments. Thank you. (APPLAUSE) Vice President Magovern—Councilor Simpson Councilor Simpson—Oh, I'm sorry with the applause I didn't hear you. Thank you. Thank you very much; um I'll be very brief. The hour is late. As you all know, I voted no to begin with on this one. I was the lone wolf and probably wondering at that point, how come only one person didn't vote for this. And I'm not gonna go back and redo everything, it's in minutes and people had heard, but the issues here, it just gets deeper and deeper and it just upsets me to fact that this time last year suggestions were made and one of the things were to when there was a problem with the Methodist Church and the high school parking, if there was a possibility to exempt them because they are a non- profit. They have an approved parking lot. Well,that couldn't be done. There was a lot of going around the bush and things like, you know, we'd be sued for this, or sued for • that if we did this, if, discrimination. And now all of a sudden, other churches become involved and now we can make room at the parking lot to accommodate the seniors. Well, guess what? A whole class of kids went without any accommodations and I know the children don't vote but their parents do, so I hope they're all listening. My whole premise too was the fact that transient parking, temporary parking, whatever name you want to give it, certain places in the community, I don't consider it transient parking. When places like the church are doing it for the people in town whether it be the seniors, the children at the little league field, the children trying to park for high school. That's a service they are providing for our own residents. We're not transients! We live here. So, I don't understand number one why that was even an issue. Number two, people that already have permits for parking lots, that means at one point they went through the • process already, site approval, plans approval, they have approved parking lots. I'm not sure there what the issue is. If you have a parking lot that was approved at one point, whether it be last year or ten years ago, why all of sudden your parking lot is not good, it's a safety issue. We all are concerned about safety. There's not one person up here who's not, there's not one person out in the audience that isn't, but if we're gonna start micro-managing, have you ever been to the high school parking lot at 1:45? BIG safety issue. You got a bunch of teenagers driving out there, kids running through cars. We always hope and pray nothing happens. You could have a safety issue at Stop& Shop. A kid could run across, an adult not look and back into them. There's a safety issue wherever you have cars, adults and children. You pray nothing happens; you do the best • that you can, but face it, people don't use common sense. If you don't have common sense enough not to walk your child in a stroller across a major highway,then how can we stop that? (APPLAUSE) That's common sense. So we're going to get to a point • • where we're micro-managing every step we take. And I'm not saying we're not against safety, we want us safe. But there's times it's out of your control. So I have large problems that all of a sudden certain now are okay we'll make everything okay,when in the beginning it should have been rectified. I feel for the people that have residents near where people are parking. That's any area where I think when this maybe goes to a committee or however the process is gonna take that those are certain cases. I know darn well none of us up here and none of you out there, if you have your home, you take pride • in it, you don't want someone going to the bathroom in your bushes. You don't want trash out there. So if you have someone next to you with a parking lot, there's got to be very strict regulations on what they're doing. If they're just parking in the field, to me that's not an approved parking lot, If you've got just a big open field or your front yard, I don't believe in that. And I'm sorry to say that that I do not believe in parking. If you have a designated parking lot, that's another situation. But when uh, when you abut a residential area certain considerations have to be taken. And I'm sure the person who owns the parking wouldn't want people urinating in their home so there's a lot of problems with this. I'm glad I didn't vote to begin with. I had my doubts. I actually didn't think it would even be enforced but I guess I was wrong on that one. But 1, 1, I don't know where to go from this but I think it has to; we have to look at all the scenarios and take it step by step. Thank you. Vice President Magovern—Councilor Rossi Councilor Rossi—Thank you. I can tell you quite honestly this isn't what I signed on for. And it's with deep regret that I have to look at some of the people here and listening to me speak today because I gave them my assurances that there would be a level playing field. And those assurances were made on assurances made to me and I suppose looking back in retrospect, I had no right give you those assurances if I didn't know that those people weren't gonna follow through on their promises. I was assured that this permit • process, everyone would have an equal opportunity to apply. And that the main concern up there was to make sure that everything fall into the right place. There was a lot of things that I had that I didn't like about this as well there were a few other councilors, and we attended some meetings. I did attend some meetings I was asked to come to and participate at some meeting with members of Six Flags also. And I'm not here to cast any stones on Six Flags. I take full responsibility for my vote. I am more upset with myself than anyone else for I allowed myself to be hoodwinked for the first time since I've been a councilor. (APPLAUSE) Councilor Rheault touched on an item that sidewalks had been an issue up in that area for quite some time and the town has ignored that. If there was a safety issue from the town, the Planning and Development Department had plenty of time to implement a couple of uh,those sidewalks. The parishes and the uh, charitable organizations in this town, I was led to believe was never gonna be affected by this. I wasn't in favor of this for gratis thing. I think that was added to serve someone's self-interest. I think it's absolutely ridiculous for what happened at Sacred Heart Church up there and when I was sitting there listening to Father Ron, • incidentally I thank him for the plug, when he mentioned that awhl situation that they had up there, I just felt so bad about that, that I was even a part of this whole thing. The blood mobile, how that could possibly be enforced, I don't understand that. I know 0 • there's a lot of things I just,I can't quite fathom. But getting back to the people who led me to believe that this was gonna be a level playing field and everyone was going to be • treated equal and I find out that people can't get site plan approvals. That they're sent back from Planning Board, Board of Appeals, and they can't get refunds on their monies. That has nothing to with Six Flags. That has something to do with the Town of Agawam. (APPLAUSE) And I'm appalled to have heard that. What's also very appalling to me is that I read these minutes, I don't know why they send them to me if they don't think I'm • gonna read them. But Mr. Harpin, and I'm gonna give you a direct quote from a meeting, a public meeting that was given and Mr. Harpin is quoted in the meeting, in the minutes by saying, "Mr. Harpin stated that this new parking ordinance, the way this new parking ordinance is written,there was no way the ZBA could grant this permit because no one could abide by the criteria as stated." That to me is shocking! That we would set up • criteria that no one could comply with. That has to stop here. Chairman Prouty stated "The following criteria and conditions of the new ordinance based on the Chief of Police's recommendations stated so strongly against the permit that there was no way the ZBA could grant this permit." Now, and nothing against the Chief of Police, the Fire Chief or whoever, other advisory board is, but he is an advisory to that Board of Appeals. • They are to take what he has to say in consideration but the ultimate decision has to be with the Board of Appeals and not with the Police Chief. I don't know if these members of this Board of Appeals know what their duties and responsibilities are as members of that Appeal Board, but it certainly isn't to listen to him or any advisory people that sit before them. Maybe they should get a stronger lesson in what they're supposed to do. I am fully in favor of turning this thing backwards and making something that makes sense. The only sense this makes is nonsense. I don't like the way it's written. It's not the way I was told it would be written. And it's certainly not anything that I signed on for and I am in full favor of turning this thing around to try to find something that makes sense. (APPLAUSE) • Vice President Magovern—Councilor Calabrese Councilor Calabrese—Thank you. I share Mr. Rossi's sentiments and in fact, I was at a Planning Board meeting when I believe it was you, Mr. Palazzi, was before the Board and I remember sitting there thinking, there's no way this is what I intended my vote to • do to local businesses. Um, I remember sitting in church the day that Father Ron discussed the parking ordinance and I think it was the first time I was personally embarrassed to be sitting there, to have been a part of something that had hurt my fellow neighbors because that certainly wasn't the intent. I was moved by the residents on Main Street that, uh, you know, had presented their plight. And I'm a firm believer, and maybe • I have a bit of a Polyanna outlook on life, but I do believe that there is something appropriate that can serve our local businesses, protect our landowners, but this is NOT the vehicle and I do believe we need to revisit this ordinance as well. (APPLAUSE) Vice President Magovern-Councilor Letellier • Councilor Letellier— Thank you. I think of everybody here, I owe the biggest apology and I don't say that for grandstanding but I'm the one that sat in with the Mayor, and I'm • • the one that made proposed changes and Councilor Rheault was there, Councilor Rossi and I and we specifically asked for proposed changes that we felt would make it less restrictive for businesses. That was one of the specifics for me to sign on to help draft this. The Mayor drafted it. It was abysmal, it was unenforceable. I agreed to help. It's my fault. Let me tell you what we did and what' happening. In the ordinance, we listed a section called"Conditions" and a section called"Criteria". The "Conditions" sections were things you had to have. The "Criteria" section is not things you have to have, it's • things the Board of Appeals can look at,that's not automatic. You don't need to have it. We went over this very thoroughly in the Mayor's office and we were told that it would be explained to Board of Appeals' members,the difference between a condition and a criteria. When I read the same minutes that Councilor Rossi quoted, it became clear to me that for whatever reason, whether the Board of Appeals did not ask the City Solicitor • for an opinion as to the intent or whether um, they did and it was not properly explained. So I take fault in that because I thought I was crafting something that was enforceable. I had no idea it was gonna be used this way. And I have to agree with Father Ron that this is a power issue. Because the Council drafts it but it's the Mayor who tells how ordinances are to be enforced. It's the Mayor who calls the Police Chief and the Police • Chief who then sends the cruisers out. It has nothing to do with this Council. (APPLAUSE) It was never our intention. You know, and in follow up to what Father Ron said, there's a quote that I think we all learned at some point in school and that's "absolute power corrupts absolutely"and that's what this ordinance is all about. It's about power. I also want to talk about the proposed amendments that the Mayor has on the Agenda for our next meeting and I'm gonna use the word disingenuous because I don't want to use the other word, um,but we discussed this also in our meeting and I said "I think non-profits should be exempt"and I was told by the law department that we had to treat all applicants the same or there was an issue of unconstitutionality and discrimination. So for him to come up here and propose this as the ...is baloney because we discussed it and we were told it was unconstitutional and we couldn't do it that way. It's my opinion and I wrote this to all the Councilors last week and I fell on the sword. I apologized to my fellow councilors and I said this is wrong. This is wrong! I think we have an opportunity here now that, of how we can repeal it, still protect you folks next to Six Flags, because the process to appeal this is under Mass. General Law Chapter 48, Section 5. We have to send it back to the Planning Board. So nothing can happen during • the Fright Fest. So you guys are safe during Fright Fest. So the question is what do we do between October and April? That gives us six months to do it right. So after this discussion is finished, I don't want to cut off any of my fellow councilors, I'm gonna make a motion that we send it back to Planning Board with a recommendation that it be amended by repealing. Thank you. (APPLAUSE) • Vice President Magovern —Councilor Mineo Councilor Mined—I, I just wanted to say I kinda didn't know what the ramifications, or what the extent of this was. Um, I definitely think this needs to be sent back. It definitely needs to be retooled, reworked. I think uh, we hurt a lot of people I know in town. I got a lot of calls, I talked to a lot of people and I am kinda sorry I voted in favor. of this. But uh, hopefully we can make something bad good and we can go back and i • rework this out. I think uh, it definitely, absolutely has to be looked at again. And I, • hopefully when it does come back everything will be,there'll be a full explanation of how this is gonna affect the community. Thank you. Vice President Magovern—Councilor Bitzas, Carr Bitzas, I'm sorry. Councilor Carr Bitzas —I have to wait for him to correct that. I voted in favor of it • myself. Sorry to say. But at the time,the way it was presented and everything, and my feeling for safety, I felt it was the only thing that I could do. But I had no idea of what was gonna happen on Sunday when I went to mass. Actually, it's kind of funny, I'm a Eucharistic Minister at Sacred Heart on Sundays occasionally and uh, as.I walked into the back to sign up for my station, Father said"Ruth, I'm gonna be talking about something", he said uh, "about an incident uh, that occurred in the parking lot here,'that has something, has to do with the council, has to do with the town." I said Father do what you have to do. That's what I said. So...Don and sat and listened through, normally we have a beautiful homily from Father Ron and I take something out of church that I can carry with me all day, but when I left church that Sunday, I was, I tell ya, I just felt, I just felt sick inside. And I have felt bad for last two weeks. The only thing that made me feel a little bit better and to think a little more on this was the um, newspaper article, the Washington D.C. newspaper article, entitled "Snyder goes national". Well,then I knew what happened here. I realized what happened here. And tonight if this is something that we're were going to repeal, I was gonna tell you a little something about uh, when my • husband and I had our pizza store in Westfield about fifteen years ago. And several others, uh, someone bought the store that Harry originally opened; it was one of the first restaurants,pizza restaurants, in Westfield. And uh, several more-restaurants opened near the same time as this gentleman opened his. And he was a Greek, my husband's a greek, and so we decided we'd go over and visit ern and welcome to the uh, pizza community so to speak. Anyway, we hadn't mentioned to him how there were other pizza stores open, • but there was something he said that I never forgot and it came to my mind when I was thinking about what has happened here. He said the sun shines on everyone, he didn't care if there were six other pizza places, he said the sun shines on everyone. So, in thinking about that, I realize that the sun doesn't shine quite on everybody. It certainly isn't shining on our business people who pay a higher tax rate in this town. And it looks • like, I've been to the Board of Appeals meeting, as you know Rose and your son, Michael, and was planning to go to whichever ones they had on your behalf,hoping that, and, hoping that something would be done which I really believe that something would be done from this Council. So, I wrote,this is all about Six Flags and their ability to have all the parking privileges. We expect businesses to pay higher taxes but not park cars for • a fee. Under the current.Article XVIII, businesses on Main Street,they don't have a chance to get a permit. I don't believe they have a snowball's chance to get a permit, and especially Mr. Palazzi. So, I'm happy that this is what we're doing. I hope you forgive us all and I look forward to our next move on this issue. (APPLAUSE) Vice President Magovern—Councilor Perry • • Councilor Perry—Yes. Thank you Mr. Vice President. I'll be brief. I think you heard • from all of us up here tonight. We made a mistake. Um, we had a piece of legislation come across to us, uh, we were convinced that it was going to correct the situation and have the options um, for the special permits for the businesses to do parking. Um, it didn't. Gina, you can't take all the blame. We're all up here. We're all doing the job together, believe me. So, you know, at least we recognize this. We had no idea the ramifications that it was going to have on the churches and everything else, as all my • Councilors said so eloquently this evening. And I did have a question; someone just gave me a question from the audience, uh, what about the Big E this year? It's too late. You know, as far as the parking in those areas. We have the ordinance, it's there. It's gonna take time to change it. How long did it take us to get it to pass,the one that we did pass? It takes time. There's steps and procedures that we legally have to take. This is the first • step tonight. Council President Rheault putting this on the agenda is the first step. And we WILL correct our mistake, I promise. Thank you. (APPLAUSE) Vice President Magovern—Councilor Bitzas • Councilor Bitzas—Thank you, Mr. President. We got elected to do a job and I believe we do the job correctly. But some times,we ...see things so we didn't, didn't expect to have a policeman to actually to interpret the ordinance wrong. When they went down to St. John's to, to take the blood mobile, let's be fair here. The problem was a — • Vice President Magovern—Excuse me, Councilor; don't blame the policeman for interpreting the ordinance. He was acting or orders. He did not initially go down there himself He was acting on orders to go down and move that blood mobile. He did not do it himself. Councilor Bitzas- ...Mr. Vice President...that...that ordinance say church be related i business allowed it and the police apologized for it. He make mistake, Mr. Pres., Mr. Vice President. Vice President Magovern—He was ordered to go down there. • Councilor Bitzas —I read the ordinance and I pay a very single attention to the ordinance. Let be fair here. Let not blame the, put the blame on anybody else except you blame yourselves, you blame yourselves. The ordinance was done for good intention. We have ...there Mr. Palazzi that's still the process. Nobody be rejected ...yet. And as Six Flags said, he have no problem with businesses to go and to go get the permit or a permit. Do we have to change that? Yes we have. We have to make it very clear. But the blood mobile was wrong and was allowed to be there first of all. Secondly, the other issue the..if we repeal this we go by backwards. We have to correct what we have wrong to make a lot better for the town. Safety it's, it's a reason yes. If you, I'm not going to vote for something that don't believe. I study before I vote for something. I'm not here • to apologize to anybody because then I look foolish cuz I don't know what doing here. I'm telling you the ordinance was, had to be more refined. If we allowed everybody park at Main Street, if we have no ordinance at all, and allow everybody to park, the other • • man, uh, gentlemen, said to us before, spoken, he said, oh, if they allow to this, I have a hundred, in my back yard, I have 140 cars, I can do that. Then we have Palazzi for $10, farther down$7, farther down $5, farther down$2, $1, and they have the whole Main Street now, have flag men going, stop the traffic and then we have complaints on Main Street about the,the problems. Let's think about that. We gat to be responsible to correct the situation. Do make mistake here because we should pay attention and make the language better. We should exempt the churches, exempt the schools, don't pay no • fees at all. And be more clear to what allowed. To have sidewalks and safe to cross over the pass, let's go to...let's do it. But if you allow everybody to park everywhere they want, that's not fair for other people. We had had,to to to to protect 30,000 people in Agawam and plus the people that visit us. We tried to penalize Six Flags but they ...a lot a homes down here and for our tax benefit, the dollars...we don't try to penalize the business. They have, they said before you have to work with the Palazzi, let's work with everybody, let's work together. Because if you penalize them then have no business, no body come down here, and cannot cut the hand that feeds the town too. We have it fair to everybody. Fair for the residents, they live right down there,they say what's going on, they have trash and whatever they do with it, they do with it in their yard. We got to • protect that. Otherwise, you have a whole Main Street from$10, $15 to $1 parking and its walk up and down on Main Street. We're responsible, we do it right. The church should be exempt; the senior will park in any church or with no parking fee and nothing, The school's the same thing. The city hall same thing. Let's do it right. The Mayor...amendment here. We can go to the, our committee, zoning, and and and study • it. Think about before you vote something again. And study it and it add more things, do it better. And another thing,the, I think the ..., the City Hall sent out 6,000 letters all the people in close to Big E. Some they reply like, John's gas station,...city hall,the actually the police, they have their permits already. Still enough time to apply and you do it, it possible. But sometimes before, nobody have a police there enforce the chair to stop this, and stop this, that's nonsense. Come on. They should not do that anyway first time. • But, but,to be fair, let's make the ordinance clear and I suggest to you Councilors, and I able to zoning you familiar with Councilor Letellier, and I think Councilor Rossi, let's have a meeting, take this amendment the Mayor give to us and let's work out and make it a lot easier. It's simple and plain and not to wait until next April. Thank you. • Vice President Magovcru— Councilor Rossi Councilor Rossi—I think I forget what I was going to say! No one is talking about a law that's fair or run fair, what we're talking about here is selective enforcement. When we talk about power here, we're talking about people with the ability to impose their power, the power of their offices on the people.. The people who can't help themselves. These people are powerless to do anything to help themselves and their businesses are in their plight. That's what we're here for. We're here to get something that's sane and sound, something that can be enforced and something that's fair and equal for everyone in this community that we can live by. That's why we make rules so we can live with each other within a society. We don't make rules so that they can be selectively enforced. We don't send a police car over to a church because someone across the street is having a tag sale. Or have someone go down to a, and remove a, a blood mobile. Now, I've heard • • these stories over the last couple of weeks, and I went by the high school and I saw that Riverside Soccer Tournament at the high school. Now that's not a high school sanctioned event. Why wasn't that enforced? Isn't it funny that that wasn't enforced? Well, if we're gonna enforce the laws, let's enforce the law. This law doesn't make any sense. Now we can do all the spouting we want about all this other rhetoric that we've been talking about over here, but the fact of the matter is that this law allows an abuse of power. When you have minutes of a meeting where members of the Board of Appeal in • this community says they cannot give a permit based on the criteria that's required, THAT IS WRONG. That is wrong and we have to stop it and it has to stop now. (APPLAUSE) Vice President Magovern—Councilor Mineo • Councilor Mineo—Yea, I just wanted to, to, I, I spoke with uh, Mr. Harpins tonight and I know, George, you had mentioned something about it was actually 600 letters that went out to the abutters and after speaking with him tonight,the reason most uh, folks that have parking didn't apply because they didn't meet the criteria. So I just wanted to, I • know Bob you had mentioned Fred,well I actually spoke with him about 6:45 tonight on this, so uh, that's the reason. That only I believe it's the gas station down on the corner here, Rocky's and the Food Mart Plaza, they all met the criteria from what I understand. The ...that do park cars over on Suffield Street, didn't meet the criteria. Thank you. • Vice President Magovern—Any other comments from any councilors? I'd like to turn this back to the President because I'd like to make a comment. Thank you. President Rheault—Thank you. Councilor Magovern Councilor Magovern—Um, the comment I'd like to make is that uh, there was something addressed earlier in the meeting by the Cirillo's that I shouldn't be voting on this issue because Six Flags has made a donation to the Dorothy Bodurtha Magovern scholarship at Westfield State. I take great offense to that comment that anybody would infer that my vote would be in question because of a donation that Six Flags makes to the betterment of Agawam. This scholarship is set up for an Agawam student attending • Westfield State. It is supervised by Westfield State. The check goes to Westfield State. And I'm nothing more than a conduit to have that name on that scholarship for my mother was a public school teacher in this town for many many years. So I take great offense to that comment that you made and furthermore,when it comes to this uh, issue, the ordinance, I first became aware of it when I went to a Planning Board meeting and the • neighbors were up in arms over the fact that the Cirillo's were bad neighbors and they were treating them like trash by having all the offenses that were pointed out earlier. That there was urination going on in their backyards, the fences were being torn down, everything else was going on and anybody that would allow this to go on while their making money out of the people that are described by the neighbors, do not deserve what they're taking in in monetary rewards. So there was a safety issue with the people going down the side of the street. I met on several occasions with Larry Litton. He was very concerned about the safety issues from the Cirillo's. I told him that as far as I was • • concerned TJ's and the parking the uh, and the Palazzi's had a situation different than Cirillo's,the people were not pushing strollers down the street, they're not walking across Main Street. I felt the safety issues were there. I supported this ordinance because I felt that we could stop the uh, terrorism going on toward the neighbors of the Cirillo's and we could have some type of decent ordinance to control the safety of Six Flags. Never, never in my wildest imagination, did I ever think that a police cruiser would be dispatched to the Sacred Heart parking lot to stop people from parking at a parking lot to to across to a tag sale that I've supported for years and years and years. And I think that was just an abuse of power. The ordinance should be looked at. There is nobody here that is talking about going back to square one and allowing parking up and down Main Street with$1 parking lots. That's not the issue. The issue is public safety—yes. The issue is whether or not Palazzi's and TJ's had safety access from their parking lots over the bridge and over into Six Flags. This is an issue that I probably differ with Six Flags on because I think that there can be a way to make this workable. And I've told Larry that and even though I've said that to him, he still supported the scholarship at Westfield State. So I take great offense that anybody would infer that I would vote because I needed money for a scholarship so that is not an issue here. I hope that this can be • redone. I hope that we can bring it back through the Ordinance Committee and the Zoning Committee. Make it sensible and open it up so that the churches that already applies for parking when they went through the Planning Board years and years and years before and had a parking lot which is safe to the public,can utilize that for the senior center and the busses. And for the life of me, I do not understand how anybody could possibly go into those churches and tell them they can't use it for parking. Thank you. (APPLAUSE) President Rheault—Councilor Letellier Councilor Letellier—Yes. I make a motion that we refer Article XVIII of the Agawam • Zoning Ordinances to the Planning Board under Mass. General Law Chapter 40A, Section 5 for the purpose of appeal; I'm sorry amending and repealing. President Rheault—Moved by Councilor Letellier, seconded by Councilor Perry. Any discussion? Clerk,please call the role. • ROLL CALL— I I Yes. President Rheault—Eleven yes. It goes over to the Planning Board. (APPLAUSE) • 2. TO-2007-20 -Voucher List{$4,732.0) President Rheault—We've got enough signatures, all set. Entertain a motion. Councilor Simpson moved, seconded by Councilor Rossi. We need a roll call on this. Clerk, please call the roll. ROLL CALL— 11 Yes. • • President Rheault—Eleven yes, you've approved the voucher list. 3. TO-2007-21 -Council Clerk Search Results President Rheault-- That is, I put that on for the purpose of amending the Council Clerk's hours from 20 to 30. Moved by Councilor Rossi, seconded by Councilor Calabrese. Any discussion? If not, Clerk please call the roll. ROLL CALL— 11 Yes. President Rheault—Eleven yes. You've approved the new hours for the Council Clerk • to be thirty. Item 11. New Business 1. 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 President Rheault—Next agenda. • 2. TOR-2007-5 -An Ordinance to Amend the code of the Town of Agawam Zoning Ordinances Article XVIII, §180-131 President Rheault—Next agenda. Uh, that should uh, no that's alright. 3. TO-2007-22 -Transfer $3,775.00 from Reserve Fund (16605-57300) to City • Council—Regular Temporary Salary (11111-51020) President Rheault—This should go to the Finance Committee on the next agenda. 4. TR-2007-32 -A Resolution in Support of the Mass Recycles Paper! • Campaign President Rheault—Next agenda. Item 12. Any other matter that may le ally come before the City Council President Rheault—Our favorite item number twelve. Let me start with my furthest all the way down on the left, Councilor Young. Anything under other business? Councilor Young—Nothing this evening. Thank you. • President Rheault—Nothing? Councilor Rossi? • • Councilor Rossi—Nothing this evening. President Rheault—Councilor Simpson? Councilor Simpson—Nothing tonight. Thank you.. President Rheault--Councilor Bitzas? • Councilor Bitzas—Yes, uh, the, under new business, can we set up, I don't think we need to discuss it, could you put it for the Ordinance Committee to look into this, to amendments so it can be quickly allowed to the churches to be free of the fee and park as soon as possible. I think we be smart for that the city council to refer this to zoning and • ordinance committee. President Rheault--Yes. Well, that's still got to go through the process of 40A. It's got to go back to the Planning Board for a public hearing... Councilor Bitzas—Okay....people ...and all the councils uh, September 11 again we have a memorial down, a September 11 cn memorial in fire department, the town of Agawam,the fire department and the clergy. We have a short um, ceremony and you're all invited. 10:00, September I I'h. Thank you. President Rheault—Councilor Carr Bitzas. Councilor Carr Bitzas--Thank you. I don't know if the gentleman is here, I think he's over there, Mr. Hegmen? That uh,that brought up the issue of uh, the issue of the sewers? And nothing being done on the sewers? Mr.Marmo? I don't know, is he gone? President Rheault— Yes. He's left. Councilor Carr Bitzas —Well anyway, a week or two ago, I stopped by Jack Stone's office,the DPW Chief, and I asked him a few questions about the sewer project because I hadn't heard anything on it for a while and uh, he told me that uh,there will be something • on the council. Things are moving along. And something will be coming on the Council on the next couple, the next agenda or two. So there will be something moving on that. Also, one other thing, uh, I attended the funeral of the veteran who passed away, who was in that helicopter crash. It was at Bethany Assembly of Clod. It was a beautiful beautiful ceremony. Hard to sit through for strangers let alone family. But it was just uh, a wonderful thing and they had about 150 motorcyclists there that led the parade down Main Street and the fire department had their big new ladder truck out with the American flag hanging across Main Street. And it was just a wonderful thing to be a part of it. And a few people along the line giving a salute which I did myself and uh, was proud to wear my Agawam Veterans Council armband. And I just think,you know, freedom comes at a large price. It's not free. It's not free because men die to have it for us. So uh, when another case comes up like this, I hope there won't be any. But if another case like that • comes up, go to the wake. Go the funeral. I just think it's so wonderful to be able to honor, honor the veteran whether he know it or not. President Rheault—Councilor Magovern Councilor Magovern—I've made my comments thank you very much and have a good weekend. • President Rheault—Councilor Calabrese Councilor Calabrese—Well, um as you know, school's opening this Thursday. Be mindful of those children that are walking to and from school from home and uh, I just • want to say that I'm really proud of everybody here tonight. You know, I think we all kind of wore our heart on our sleeve with regard to this parking ordinance. And kudos to Jill for having the foresight um, maybe more so than you might realize to see what was coming down the pike. But uh, it's nice to see that we can all work together and when we see a problem, put our heads together and come up with a solution. • President Rheault—Councilor Mineo Councilor Mineo—Yea. I guess I'd like to talk a little bit about the sewers. Uh,my committee's been meeting for I, I think since 2000 on this. I am gonna call a meeting • with my committee. At this point,basically, our job is done. It's completed. There's nothing more to meet on. Vince Gioscia is doing the language for a Resolution for bonding for this project. It went to him back in July I believe. So I believe the Mayor said that it's gonna be coming on the Agenda. It is. There's no more hurdles for the Town to go through. We've got all the permits. Once it's on the agenda and we vote on • it, they'll start the project. My committee, we, we started in 2000 on this. Back in 2000, I know it seems like it's taken a long time, but when 1,when we first had our first meeting back in I believe it was March of 2000, we did not even have a master plan. The master plan was thirty years old. 30 years old! I mean it's been a process. Believe it or not, it's been a seven year process. Doing a$30 million project is not easy. This is gonna take up; this is one whole portion, the southwest section of Feeding Hills. It took seven years to get to this point. I'm sure very soon, it'll be before us. So that's the update and Betty, if you could uh, set up a meeting for me for next week so I can get my committee together and uh, if you could invite Jack Stone to that meeting, I'd appreciate it. And just give me a call tomorrow if, any day next week, preferably at night say around 6:30 —7:00. Thank you. • President Rheault—Councilor Letellier, anything? Councilor Letellier— I just, a, a, a couple things. First,to welcome Barbara. Um, as a member of that subcommittee, Councilor Rossi was dead on. We had thirty applicants. • The three of us never talked to each other until that first day. We picked six finalists. We agreed on those six finalists which quite frankly shocked all of us, I think, that we agreed on the same six finalists. Well, we checked references on six,we asked four to • interview. I think all the Council will be pleased with Barbara and I think we all did the right thing in upping the hours to thirty hours. So, congratulations to us for that. Um, I want to announce, I'm sure nobody is still watching,but for the candidates that are here. We are having our Democratic Brunch on November the 4a', Sunday, at Chez Josef All candidates are encouraged and welcome to attend regardless of party affiliation. If you want to put an ad in the program book, it's $100 for 2 tickets and a full page ad. $50 for a half a page ad and one ticket, or$25 for a business card sized ad, You can get in touch with me, you can email me and I can reserve space in the ad book for you. The sooner you get the ad book to us because the person putting it together is going to Italy for his wedding anniversary. Uh, yes! And then one more thing. We received in our packet the list of the original bidders for the senior center project and maybe there was some mis, uh, miscommunication but I think the Councilors that I've spoken to, were looking for • the sub-bids that were chosen so that way, if there is a request to return because they under bid in a certain area, we'd like to know that. So, Betty, or Barbara, um, if we can get a letter to the Mayor asking for the sub-bids. Thank you everybody and thanks for your patience! Good night. • President Rheault—Dennis? Councilor Perry—Just real quick. I just want to reemphasize what Gina just said because I was gonna bring it up too. I was expecting a lot more...We all got our packet...the open space study in it and I thought it was all the information for the new senior center. And went through it and had...ONE page! That's not what we asked for. You know, we were told that evening and I specifically asked and I know Gina specifically asked that we have a breakdown of this project. We were assured it was the lowest bid. That's fine. I'm not worried about that one. What I'm worried about now is, and we should have had all this information beforehand, I just want to make sure, you know, I have that information and you know, we can keep an eye on what's going on i over the course of the construction of the senior center. Um, you know, again, as Councilor Rossi puts it, I don't want to be hoodwinked on this one. Okay? Thank you. President Rheault—I just want to make one comment. I think it's incumbent on this Council to probably invite the former Safety Officer because it was back in the era of • when the sidewalks were being mentioned. He can shed a lot of light to the Council to come up with a better ordinance and uh, if you think of it, we require sidewalks on both sides of a four house subdivision and we've got a two million uh, establishment where people visit and we're not,you know, with no sidewalks. So it's something to think about. • Councilor Perry—Well, I know, and if I remember back, George and Jill, somebody might remember it,there was a big proposal for that. I remember that. I think I still have some of the plans down in my cellar. • President Rheault— You'll be interested to see the comments from the town. • Councilor Perry—You know, because if you remember, it was presented to us, we were • gonna get a grant from the state and we had specific types of street lights and sidewalks and everything that was going through and I don't know whatever happened to that project. President Rheault-Right. Well, certainly nothing because we don't have sidewalks. • Councilor Perry—Obviously. I agree we have to look at it. President Rheault—Moved by Councilor Bitzas to adjourn, seconded by Councilor Magovern. All those in favor? Opposed? We are now adjourned. Thank you and good evening. • Adjournment. i • • • •