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CC MTG MINUTES MAY 19 2008 • REGULAR COUNCIL MEETING OF THE AGAW"CITY COUNCIL MAY 19, 2008 President Letellier—Good evening and welcome to the Regular City Council Meeting for Monday, May 19, 2008. Item I. Citizen's Speak Time President Letellier—We have one speaker and that's Billy Chester. A reminder that please state your name and address in the microphone and you have five minutes. Thank you. i Billy Chester—Thank you. Billy Chester, 320 Barry Street, Feeding Hills. My topic tonight is on the Homestead Exemption which you all have a copy of now. As a concerned homeowner and taxpayer in the Town of Agawam, I called the Department of Revenue last Friday and 1 understand there's legislation that has been passed that would ♦ give the taxpayers of Massachusetts some tax relief. It's called the 20% Homestead Exemption Law. Under the General Laws of Massachusetts under Taxation Chapter 59 "Assessment of Local Taxes—Persons and Property Exempt from Taxation" —Section SC in Chapter 59 "Exemptions for residential real property in cities or towns assessing at full or fair cash value. With respect to each parcel of real property classified as Class One, which the homeowner is classified as, Residential, in each city or town certified by the commissioner to be assessing all property at its full and fair cash valuation, and at the option of the board of selectmen or mayor,with the approval of the city council,as the case may be, there shall be an exemption equal to not more than twenty per cent of the average assessed value of all Class One, residential, parcels, within the city or town; provided, however, that such an exemption shall be applied only to the principal residence of a taxpayer as used by the taxpayer for income purposes." As of last Friday, the average assessed value in Agawam is $229,000.00 according to the records on file in Boston. In my discussion with the DOR, they indicated that a city council member could bring this policy before the city council as a whole for their approval and does not need to • be submitted by the Mayor. This is a very important piece of legislation for the homeowners here in Agawam. I doubt that very many people, very many'homeowners know about this law and what it can do to reduce their tax bill. Every homeowner is feeling the pinch in this economy. We have and are making adjustments every day to own budgets. Our purchase power is less,just like the Town's. Increases in prices and the value of the dollar has decreased significantly over the passed months. So I ask each • and every one of you if you want to give some tax relief to the homeowners in the town one of you after your review of this policy, step up to the plate and put this law into the form of an ordinance if that is the procedure and present it to the rest of the council members so it can be voted on and passed by all the council. I checked with the Assessor's today and asked them about this policy and as far as they knew this policy does not exist on the Code of Agawam, in the Code Book of Agawam and I also checked the Code Book and in the Code Book, there's no such procedure that has been passed. So, I would really like your consideration on this policy to try to give some relief to the tax payers. They indicate here that it's - i Clerk—One minute, Mr. Chester. Billy Chester—Thank you. They indicate it's 20% of the average assessed value but there is a form in there in the policy that I think it would probably go by rather than this, so it is in the policy so. Thank you for your consideration on this and thank you for your time. President Letellier—Thank you Mr. Chester. ! Item 2. Roll Call President Letellier—Barbara, could you please call the roll? ROLL CALL— 10 Present, 1 Absent(Councilor Young) • President Letellier—Ten present and one absent. Councilor Young emailed me and will be here as soon as he can, he had a commitment. Item 3. Moment of Silence and the Pledge ofAllegiance • President Letellier—Could you please rise? Item 4. Minutes Regular Council Meeting—May 5,2008 • President Letellier—And Councilor Young just got here, so we have a full eleven council. Next we have the minutes from the Council Meeting of May 5, 2008, do we have a motion? Moved by Councilors Simpson and Rheault, seconded by Councilor Cavallo. Any discussion or corrections on the May 5`h minutes? No? Seeing none, a voice vote is sufficient. All those in favor of the May 51h minutes, please signify by saying Ay? Opposed? Abstentions? VOICE VOTE— 9 Ay, 2 Abstentions (President Letellier and Councilor Rossi) President Letellier—And with that you've passed the minutes. Item 5. Declaration from Council President President Letellier—I do have a few. I want to remind everyone that Monday is Memorial Day and the Town is having its Memorial Day parade and this year we'll be • stepping off from City Hall and parking at City Hall and the Middle School. So please remember that if you go to Strathmore and no one is there, it's because they're down the street at the Middle School and I hope to that we get a good representation from the • i Council. Next, we got a letter from Dottie Drewnowski resigning her position as tenant representative to the Agawam Housing Authority and we thank Dottie for all her years of • service...but if there are any tenants that are interested in becoming the Tenants Reps of the Housing Authority they should contact the Mayor. And lastly, I just returned from vacation late last night and was not able to respond to the letters and calls regarding zoning but I did read them all late last night when I returned. And that's it. Item 6. Presentation of Petitions, Memorials &Remonstrances (a) Resolutions 1. TR-2008-20 -A Resolution Reauestine the Mayor to Appropriate Funds for the Board of Appeals to Employ Outside Counsel for the Appeal of the Special Permit Granted to Six Flags New EnEland. (Council) (Maiority of those Present and votin abled 5/5/08) President Letellier—What's the Council's pleasure? • Councilor Rheault—I have a point of information. Have we received any information that this has been resolved? President Letellier—No. In the packet our Council Clerk did in fact send a memo to the Solicitor and we have no gotten a response from the Solicitor yet. Councilor Rheault—I'll entertain a motion to leave it on the table. President Letellier—We have a motion to leave on the table moved by Councilor Rheault, seconded by Councilors Rossi and Mineo. Barbara, could you please call the roll? • ROLL CALL—8 Yes, 3 No (Councilors Bitzas, Calabrese and Young) President Letellier—With a vote of eight yes and three no, the item remains on the table. • 2. TR-2008-22 -A Resolution Establishing a No Parking Zone on Westview Lane and Burlineton Drive. (Mayor) (Maiority of those present and voting) (Tabled 5/5/08)(Referred to the Public Safety Commission) President Letellier—That matter was tabled, I notice in the minutes there were some questions. What is the Council's wish? Councilor Perry do you have an updated report from the Public Safety Committee? Councilor Perry—We didn't have an official meeting on this. I know there... Councilor Simpson—Move it off the table before discussion? • President Letellier—Okay a motion to move it off the table by Councilor Simpson, seconded by Councilor Perry. All those in favor of taking the item off the table, please • signify by saying Ay. Opposed? Abstentions? It's unanimous. Councilor Perry? Councilor Perry—Yes, thank you Madam President. Yes at our last meeting when I made a motion to table this there was some questions brought up by Councilor Simpson in regards to the private or the residents of the street having parties and things of that nature, how would this affect them? And really looking back into the Resolution, talking with my committee members,we really didn't hold an official meeting on this. The language in here does state if you look at the second line"Whereas the parking of these vehicles restricts the residents' access to and maintenance of their property" and if you go down to the fourth line, "Whereas parking the vehicles whose destination is not local • detracts from the residents' right of privacy." We feel the language in here warrants the discretion of the officers when they come out if there is a complaint to issue parking tickets once we establish this, would give them the judgment call to issue a ticket or not. The main thing is if you look at the locations as right opposite of Sacred Heart fields. Again, I went by tonight and there was cars parked there and there was activities taking place, ball games going on at the field and that's really the main reason for this no parking. It is only 250 feet from the curb down. It's not the whole street itself where this ban would be established. It's mainly to deter people from parking there and then crossing the street over to the ball fields, Thank you. President Letellier—Thank you Councilor Perry. Any other discussion or questions? • No? Seeing none, Barbara, could you please call the roll? A yes vote would be to establish the no parking zone on Westview Lane and Burlington Drive. A no vote would be to not establish a no parking zone. ROLL CALL— I I Yes, 0 No. • President Letellier—With eleven yes, you've established the no parking zone. 3. TR-2008-23 -A Resolution Conlirmine the Reappointment of Ronald J. Hamel,52 Federal_Avenue,Agawam,MA 01001 to the Agawam Veterans Council to a Term Expiring April 1,2010. (Mayor) f aiority of those present and voting} • President Letellier—Moved by Councilor Simpson, seconded by Councilor Perry. Is Mr. Hamel here? Did he come late? No he's not here. Okay, Do we have any discussion on the reappointment? No? Seeing none, Barbara, could you please call the roll? • ROLL CALL— I l Hamel President Letellier—With a vote of eleven Hamel, we have reappointed Ron Hamel to the Veterans' Council. Could you notify him Barbara? Thank you. • 4. TR-2008-24 -A Resolution Confirming the Appointment of Alice D. Smith 523 North Westfield Street Feeding Hills MA. 01030 to the Historical • Commission for a Term Expiring January 1,2011.(Mayor) (Majority of those present and votingl • President Letellier—Moved by Councilor Simpson, seconded by Councilor Rheault. Is Ms. Smith here? No. Okay, any discussion on the nomination? No? Seeing none, Barbara, could you call the roll? ROLL CALL— 11 Smith President Letellier—We have voted eleven yes for Alice Smith. Again, Barbara, if you could please notify her? 5. TR-2008-25 -A Resolution Confirming the Reappointment of Frankie • Mazzei,476 Springfield Street,Feeding Hills,MA.01030 to the Veterans Council to a term Expiring April 1,2010. (Mayor) (Majority of those present and voting) President Letellier—I do not see Mr. Mazei here. Do we have a motion? Moved by Councilor Simpson, seconded by Councilors Rheault and Cavallo. Any discussion on Mr. Mazzei's reappointment? No? Seeing none, Barbara, could you please call the roll? ROLL CALL— 11 Mazzei President Letellier—With eleven for Mazzei, we have reappointed Mr. Mazzei to the Veterans' Council. 6. TR-2008-26 -A Resolution Authorizinz the Dedication of the New DPW Outdoor Break Area Located at the Agawam Municipal Annex Building (Councilors Calabrese,Letellier,Mineo and Perry) (Ma iority of those present and votin • President Letellier—And that's to dedicate in the memory of Edward A. Caba, a former Councilor. Do we have a motion? Moved by Councilor Cavallo, seconded by Councilor Perry. I believe Councilor Perry, you authored this motion, do you want to discuss it? Councilor Perry—Yes. Thank you Madam President. I think all of us up here on this Council floor understand who Eddie Caba was and his dedication to our community. Almost forty years of his life in service to our community as Town Clerk, a Town Manager and as a City Councilor. I had the honor of serving with Eddie up here for two terms and he was a great man. His wife, Marge, approached Councilor Mineo and I in regards to they had a trust fund set up and it had some money in there and talked to us about possible dedication for his service to our community. And in working Marge, his daughter and his grand-daughter this is what we put together and came up with. We've talked with the Mayor in regards to this break area. One of the main things Eddie was really fighting for the last two terms that he was on the Council or even longer was to get those guys out of that whole down off of Main Street, as he would say and that's putting i it mildly, if anyone knew Eddie. He really meant that. He wanted to get them out of there. He wanted to get a new DPW facility. He worked on committees, the search committees for that and we just really in talking thought that dedicating this area to him • would be a great honor for him and I would hope that all of you would support this this evening. Thank you. • President Letellier—Thank you. Any more discussion? Councilor Mineo? Councilor Mineo— Yea. I just wanted to thank Councilor Perry cuz we had, we were gonna put this together and he ended up doing it. I ended up meeting with the Mayor and the Mayor was very receptive about doing this. We had set up a meeting and I couldn't attend the meeting and Councilor Perry attended that meeting along with a few other folks from the DPW and Ed's grand-daughter Kristin. I'd also like to thank a few other people that were involved—Aldo Mancini, Nickie Lascala and John Cooley. They have been, God, Dennis, we started working on this I think over, about a year ago, maybe, when we went over to Marge's house and met with her? But I'm glad to see that it's finally all worked out and hopefully everybody will support this. Ed was really, he was Mr. Agawam. There'll never be anybody like him. He was a good guy. Thank you. President Letellier—Thank you. Councilor Perry? Councilor Perry—Yea. And just to add to that and I echo everything that Councilor Mineo stated, with the Resolution there is a drawing of what the break area is going to look at. I just wanted to let you know this isn't going to cost the Town or taxpayers any money whatsoever. The benches and the tables and the plaque are going to be paid for out of the trust fund. The DPW workers have agreed off time to donate their time to put • this together. So again I think it's just a good tribute to Eddie. Thank you. President Letellier—Thank you. Any other discussion? I know it's out of line for the Council President to speak on an item so I will just echo my support for this and what I think what I will do is read it into the record so the public really knows Ed's service to the Town. WHEREAS, Edward A. Caba served the Town of Agawam with dedication and loyalty for some thirty- three(33)plus years;and WHEREAS,Edward A. Caba served as Town Clerk from November of 1966 through September of 1981; and WHEREAS,Edward A. Caba served as Town Manager from October of 1981 through July of 1984;and WHEREAS,Edward A. Caba served as a City Councilor from November of 1985 • through December of 1999;and WHEREAS,Edward A. Caba was part of a number of committees looking into completing this and was totally committed to see this come to fruition;and WHEREAS, Edward A. Caba served the Town of Agawam in all of the above mentioned capacities and i one of his main goals as a City Councilor was to have a new DPW Garage built. • NOW THEREFORE, be it resolved by the City Council of the City of Agawam that the new DPW Outdoor Break Area, located at the Agawam Municipal Annex Building, be dedicated in the memory of Mr. Edward A. Caba. President Letellier—Thank you. Could you please call the roll? ROLL CALL— I t Yes, 0 No + President Letellier— With eleven yes, we've dedicated the area. Congratulations Kristin and Marge. Item 7. Report of Council Committees • None. Item 8. Elections None. • Item 9. Public Hearings 1. PH-2008-3 -Petition Requesting to Chance to Zoning Code of all Future Residential Building Lots to be no less than one 1 acre consisting of 43,560 s uare feet,with a 150 foot Frontage per Residential Building Lot. (Public Petition) • (Planning Board held their public hearing date on May 1,2008 and was tabled to May 15,2009.) President Letellier—And I will tali the public hearing to open and I will explain the procedure. I call the public hearing to open. First all those wishing to speak in favor of the item will have ten minutes. The Council may ask questions of him or her,then all those in opposition will have ten minutes and again the Council can ask questions of him or her. Then we will return to those who want to register their name only in favor saying I so and so am is favor and then those wishing to register their name only in opposition. Do we have someone on behalf of the Petitioner to speak? Mr. Chester? Billy Chester—Billy Chester, 320 Barry Street, Feeding Hills. First before we get to the little speech. I have an amendment to the petition that I had submitted previously which you all have a copy of— • President Letellier—Mr. Chester, if I may—that's out of order. The petition was signed by people in favor with the language that you proposed. If you wish to have a new proposal you would need to then get new signatures and file a new application. Billy Chester—Okay. I was told that I didn't have to do that. I checked with the Town Clerk and Debbie Dachos and they said that all I had to do was make an amendment and • present it to the Council. 0 President Letellier—It's the opinion that we have,that one person cannot amend on behalf of the entire group of Petitioners. • Billy Chester—Okay. President Letellier—Thank you. ! Billy Chester—Okay. The housing development is putting a burden not only our school system,police and fire departments but a heavy burden on the tax payers here in Agawam. I know right now it's a little slow because of the economy but after this economy gets going it's gonna start picking up in the future. Housing does not pay or fully support the cost of education, to cost of educating a student as you all know. Some of the housing being built in this town do not have esthetic and they have a potential negative impact on surrounding property values. Examples—the two family house built on William Street in feeding Hills has to have a negative impact on the surrounding ranch homes, one across the street and one on the south side of the two family. It has to have an impact of lowering their evaluations and resale value. If you look at that piece of property, the house on that property, I understand there's additional two families there, • but if you look at that house it just is out of place and the fact that it does not conform to the existing houses that are on that street. The houses on Western Lane and Burlington development off Poplar Street in Feeding Hills, these houses are thirty-one thousand square feet and larger homes are being built on half acre sized lots or less. Some of these homes, you walk out the back door and you're walking right into your neighbor's back • yard_ The one on the corner there in the development, that's a good example right there. You just walkout and you're right in your neighbor's backyard. This can also be seen on Cooper Street and Suffield Street, houses built by Suffriti. I understand this was quite some time ago but it still is a good example of what's being built. I know the Town's definition of cluster housing, I know the Town's definition of cluster housing but my • opinion this is cluster housing—the houses that Suffriti built. Here you are rubbing elbows with your neighbors and again you walk out your back door and you're in the next person's lot, his lot. I mean if you go down there and look at that,that should not have been approved the way it was built cuz it's so clustered together that it's, it doesn't conform to, I mean it doesn't even look like they're half acre lots. It seems that one acre • lot sizes are not practical at this time which everybody seems to think but as much as I would like to see the one acre lots as many other people's as law, I have amended my original petition as follows and of course you have that petition, or you got a copy of it anyway. But another reason why I presented the one acre lot in Feeding Hills is there's no sewers up there and with the problem that the people are having with their septic systems, the one acre lot or even the half acre lot would even get them a little more room to expand if they have a problem with their septic tanks. And that should be really considered,taken into consideration in the petition I presented. So thank you for your time. President Letellier—Thank you. Does any Councilor have any questions for Mr. • Chester? No? Thank you Mr. Chester. • 1 • Billy Chester—Okay, you're welcome. • President Letellier—Anyone else wishing to speak in support of the zoning change? No? Thank you. Anyone wishing to speak in opposition to the zoning change? Seeing none, anyone wishing to register their support in name only for the zoning change? Anyone wishing to register their name only in opposition to the proposed zoning change? Come on up to the microphone. Just state your name and that you're in opposition. • Scott Massoia— Scott Massoia, 23 Carmen Avenue, not, against it. I am against it. Joe Barbero—Joe Barbero, 668 Cooper Street, Pm in opposition. • President Letellier— Thank you. Any one else? Seeing none, I call the public bearing closed. Do we have a motion from the Council floor? Moved by Councilor Simpson, seconded by Councilor Cavallo. Any discussion? Councilor Bitzas? Councilor Bitzas—Yes, I think as presented to us, I think it's very strong to have one • acre lot all across and I'm not in favor of it. We need to have more study for this issue. It shouldn't be in every area, every residential area A1, A, B, Business, Agriculture, it should a lot more study into it by the Planning Board and they should recommend to us and then the Council should take an action. It's too late now because the Town is already built but it's not too late for the agriculture—we have to look into it. And if you make some compromise but one acre is still a lot. If you go to 3/4 and a little bit less to try to • save some open space and agricultural land,then it can be, have some merits. But we have to study it, I'm not ready to vote and I hope this will be defeated tonight because even the people on the petition they don't agree with that so they had some amendments. We should look into and that's my opinion and I ask the Council at this time as presented to us it's not in the best interest of the Town of Agawam. It's not in the best interest for r the people that own acre and a half and they have some plans for the daughter or grand- daughter or someone to build next to it, how can we say no? That would punish them. They save money and they save land for future building and we should help the residents. So it's a little bit too tough. In the past I supported something that was completely different, it was more talk about sixteen years ago but that was still with agricultural land. So I think we have a pretty fair system. It could be a bit better but I think we should study a lot more before we decide so I ask the Council at this time to vote against it,the amendment as presented to us, I mean the zone change. Thank you. President Letellier—Thank you. Councilor Mineo and then Councilor Rossi. Councilor Mineo—Yea. I just want to go on record, I cannot support this. I looked at the amendment. I guess one thing that comes to my mind and I, it's the Boglisch property over on South West Street. He's been trying to something, some type of development over there and Dennis and I have met with him a bunch of times. He's pretty much been held hostage with this property for years because the highway was ! gonna go through. I mean that highway, that highway's never gonna go through! It'll never go through. I can't believe it but that even the way it's been raised at a medium or i low, I think a medium level, I mean you're talking twenty, thirty years away from a highway going through. So are we gonna hold Dale Boglisch and his brothers hostage? • He's been trying between the highway, between sewers I mean it's just been one thing after another. That's one thing that comes to my mind right away, is he's been trying to do something with that property and here we go again—one acre lots. I mean it just doesn't make sense, it doesn't make sense to me and I'm, I'm just not in favor of it. Thank you. President Letellier—Thank you. Councilor Rossi? Councilor Rossi--Thank you. I would not be in favor of this amendment as it's proposed. I think imposing a one acre restriction in Agawam on all zones would be a mistake. I think it would be an extreme hardship on those people that are building, and I think it would be a hardship on those people that wanted to buy. It would make it cost prohibitive in some areas for people to even want to even approach to buy a home, if you had to place it on a one acre lot. I am in favor however of looking at our zoning laws and maybe making some kind of amendments to some of the policies in town to make it lot size appropriate. I don't think that some of these larger homes on smaller parcels just for the sake of the builder trying to squeeze more houses in is such a good idea either but, so maybe we might be looking in a direction of more lot size appropriate for the house could probably satisfy us in some areas. But the way it's presented here I don't think it would be in the best interest of Agawam to promote some kind of a proposal such as this. • President Letellier—Thank you. We have Councilor Simpson and then Councilor Messick. Councilor Simpson—Thank you. I will not be supporting this this evening. A couple things come to mind when Mr. Chester was speaking about certain areas of how close homes were or a large home on a small lot. Number one we can't predict what people want. Maybe some people don't want a big yard. They don't to take care of it,they don't want to deal with it, maybe some people like to be very close to their neighbors. Those houses seem to sell so obviously it's not a drawback to certain people. There are certain people who love to be out alone, big lot, woods,whatever, but we don't know. That's why we have some diversity in the towns of Agawam and Feeding Hills of different places where people can live. So how can we predict what people have in mind, what they want for their particular home and yard? Also, right not this is just really bad timing with lot sizes. I think it's been said already so I don't want to reiterate it but the cost of housing. I would think that this would make it prohibitive for a large amount of . people to even be able to buy a home that was already on an acre lot and then probably the size of home that would be built on it. So I think it's kind of hard for us to sit up here and judge what we think the people in Agawam or the people coming into Agawam want. I like the diversification of maybe some lots are an acre, some lots are a half, people like different things, so who are we to judge what should be built? Thank you. President Letellier—Thank you. Councilor Messick? • Councilor Messick--I spent quite a long time talking with Mr. Chester on several different occasions and but the way this is written,the one thing that he brought forward • with the petition was that he was concerned about the school being a tax burden and bringing more children into the town, that we would have to pay for their education and that type of thing. And then after we spoke more, we got into the esthetics, the big houses on the small lots and we were talking about a whole range of things that zoning can handle. If we pass this as it's written, what Councilor Simpson said, we would take away the diversity that we currently have. We have eight residential zones all with different lot sizes and frontage requirements and set backs and that type of thing and yes, there are a lot of things that we can do as far as esthetics go to tweak those things to make things look nice and appropriate for the neighborhood. Increasing lot size consumes more land and would make new houses less affordable for people. There are people who can't live in the town now because they just can't afford anything and this would just make that problem worse. There is a problem. We have a problem going forward. We're becoming very close to being built out. We need to make some serious decisions and we need to start looking at that now about where we want industrial growth to be, where we want retail and shopping to be, where we want residential housing to be and what we want that to look like. We need community involvement like Mr. Chester and thank you very much for becoming involved, for looking into the problem, for presenting us with something and being willing to make adjustments according to how the whole procedure works. And I encourage you to continue to do that and I would hope that when the time comes and this is something that I'm gonna take the zoning review sub- committee and we're gonna start looking at this. I've been having conversations with • Ms. Dachos since we're gonna be having the economic development study done,we'll have a lot more information than we had before and we'll be able to start looking at the future and the parcels that we have and just breaking it down and then that kind of goes in with revising the zoning. There's some very simple that can be done to zoning; there are some very complex things that can be done. It's not an easy thing to make changes to r and certainly not by just saying one acre lots for everybody because as Councilor Simpson said, not everybody wants the same thing. So again,thank you Mr. Chester for becoming involved and I hope you do stay involved. I can't, I won't be supporting this tonight but eventually I hope that we do have something before that we can support, that we can feel good about,that we've done something for the future of our town. Thank 0 you. President Letellier— Thank you. Councilor Cavallo? Councilor Cavallo—I unfortunately I will not be supporting this this evening either and I'm thinking of what Mr. Mineo had mentioned and Dennis Perry had mentioned regarding there are a lot of developed and undeveloped lots in this town and if all of a sudden this were adopted then they would all become nonconforming, then they would have to go before the Board of Appeals and looking for some kind of changes and you know they would never get permission to build. And I think this would be a burden on those builders who come into town and who are in town and want to develop some 0 property. I think it would not be fair. It would become catastrophic at that point. But as Councilor Messick pointed out, I think, and Councilor Rossi,these particular zoning 0 • changes have to be, zoning laws, have to be looked at. But I think in the future, it's down the road, but not at this particular time. Thank you. • President Letellier—Thank you. Any other Councilor wishing to discuss the matter? No? Seeing none, Barbara, could you call the roll? A yes vote would be to approve the zone change request; a no vote would be to deny the zone change request. ROLL CALL—0 Yes, 11 No. President Letellier—With a vote of eleven no, we have unanimously rejected the zone change petition. • Item 10. Old Business 1. TO-2008-19 -Voucher List($347.50) (Mai rity of those present and voting) President Letellier—And I'm passing that around now and that is for outstanding legal fees on the Optasite Cell Tower case. Moved by Councilor Simpson, seconded by Councilor Messick. Any discussion? Barbara, could you please call the roll? ROLL CALL— I I Yes, 0 No. President Letellier—With eleven yes, you've approved the voucher. • Item 11. New Business 1. TR-2008-27 -A Resolution Adopting the Fiscal Year 2009—2013 Capital Improvement Program(Set Public Hearing Date- suggest June 16,2008)(Mayor) • (Maiority of those present and voting) President Letellier—We are setting a public hearing date of June 16th and I want to refer that to the Finance Committee. Again, it's June 16th for the public hearing. Next agenda. Yes, it is a Monday. • 2. TR-2008-28 -A Resolution Adoptine the Fiscal Year 2009 Annual Operating Budget for the Town of Agawam (Set Public Hearing Date-suggest June 16,2008)(Mayor) (Maiority otthose present and voting) President Letellier—Again, public hearing date of June 16, 2008 and hopefully I believe all the sub-committees but one have set their meetings. Oh, they all have...we have a school budget sub-committee meeting? Clerk—They already had one, but they may have another one. President Letellier—They may have another one. Okay. So we have all those meetings and those meetings will be posted if the public wants to attend. Next agenda. 3. TR-2008-29 -A Resolution Approvine Sewer Use Rates Fixed by the • • Department of Public Works)(Mayor) fMaoty of those present and voting) President Letellier—And I'm gonna ask that that be a joint meeting between the Public Safety Committee and the Finance Committee. Next agenda. 4. TO-2008-20 -Voucher List $3 350.00 (Majority of those present and voting) President Letellier—Next agenda. 5. TO-2008-21 _- Order Granting or Renewing a LICENSE for Junk Dealers —T's Jewelers,Zinow Tokman,559 SprinEfield Street,FeedingIlills,MA.(Clerk) Waiod&of those present and voting) President Letellier-- Pm gonna refer that to the Licensing Committee. Next agenda. Item IZ, AnE other matter that may lerally come before the C&P Council President Letellier—I'm not sure which side we start on this time. Councilor Simpson? Councilor Simpson—Nothing tonight thank you. President Letellier—Thank you. Councilor Mineo? Councilor Mineo —Nothing this evening. President Letellier—Thank you. Councilor Cavallo? Councilor Cavallo—Nothing this evening. • President Letellier—Thank you. Councilor Rossi? Councilor Rossi—Yes,just one item. Some weeks ago I cache before this Council on this matter of this property at, on Suffield Street, 835 Suffield Street and I've asked the Board of Health to do a formal complaint through this Council for that they take action and have this property owner clean up that health hazard that exists. And I noticed that on April 281h a letter was sent out from the Health Agent that this man was in violation of health hazard ordinances in this community and that he was to bring this matter into compliance and the re-inspection date would be May 14, 2008 and I don't see anything that came before us and I haven't heard anything from it. And what I would like to have done is I would like to have a follow up to Mr. White, our Health Agent, and find out why that he has not responded to this Council in an affirmative manner as to what he has done here and what action he has taken. I was hoping I would be taken much more seriously than I have on this matter. That is a terrible, terrible condition that should not • be allowed to exist anywhere. And especially we're building that area up, that's a nice development in that community, people walk by that area all the time and this is a condition that just should not exist. And I'm, I can't mention how deeply I'm • disappointed that I wasn't taken much more seriously on this matter and I can't urge strongly enough that Mr. Randall White send this Council a status in how that property • exists now. Thank you. President Letellier—Barbara, why don't we ask Mr. White for an update for this Thursday's packet? Thank you. Councilor Rheault? Councilor Rheault—Nothing this evening. President Letellier—Thank you. Councilor Perry? Councilor Perry—Nothing this evening. i President Letellier—Thank you. Councilor Messick? Councilor Messick—Just everybody have a very nice long Memorial Weekend. President Letellier—Councilor Bitzas? Councilor Bitzas—Nothing this evening. President Letellier-- Councilor Magovern? Geez, Magovern, Young! Oh wow! I'm sorry. Apparently part of my brain is still on vacation. Councilor Young? Councilor Young—Thank you President Rheault. No, I have nothing. President Letellier—Touche, touche. Nothing? Thank you. Vice President Calabrese? Councilor Calabrese—I'm staying out of this! President Letellier—I just want to remind everyone that Monday is Memorial Day and it is to remember our veterans and I hope we have a nice turn out for the parade. Thank you. Do we have a motion to adjourn? Moved by the Council, seconded by the Council. • All in favor signify by saying Ay? Opposed? Thank you. We are adjourned. Adjourned • • s