CC MTG MINUTES FEBRUARY 17 2009 REGULAR COUNCIL MEETING OF THE AGAWAM CITY COUNCIL
FERRUARY l7, 2009
President Letellier--Welcome to the Agawam City Council meeting on Tuesday,
February 17, 2009.
Item 1. Citizen's Speak Time
None.
Item 2. Roll Call
President Letellier—Barbara, could you call the roll?
ROLL CALL —8 PRESENT,3 ABSENT (Councilors Calabrese, Mineo and
Rheault)
President Letellier—Thank you. We have three councilors that are ill tonight.
Councilors Rheault, Calabrese and Mineo all called and they are all ill this evening and
won't be joining us.
Item 3. Moment of Silence and the Pledge ofAlleriance
s President Letellier— Could you please rise for a moment of silence and Pledge of
Allegiance?
Item 4. Minutes
President Letellier—Thank you.
(a) Regular Council Meeting— February 2, 2009
President Letellier—Moved by Councilor Perry, seconded by Councilor Cavallo. Voice
vote is sufficient. All those in favor indicate by saying Ay. Opposed? Abstain? I'll
abstain because I was absent. Is it me or does this seem extraordinarily loud tonight,
Okay, I'll back up from my desk.
Item S. Declaration from Council President
None.
i
Item 6. Presentation of Petitions,Memorials & Remonstrances
• 1. TR-2009-4 -A Resolution Amending the Rules and Regulations of the
Agawam City Council(Councilors Calabrese,Perry and Letellier)(Tabled
2/2/09) (Referred to the Rules Sub-Committee) (Majority of those present and
voting)
• President Letellier—That was tabled at the last meeting and there's a request to keep it
on the table for a few more changes. So absent a motion the item will remained tabled.
Moved to remain tabled by Councilor Cavallo and seconded by Councilor ferry. All
those in favor? Okay. Any opposed to tabling it? The item remains on the table.
2. TR-2009-6 -A Resolution Confirming the Reappointment of Carla
Vignato,34 Day Street, Agawam,MA. to the Agawam Municipal Golf
Commission for a Term Expiring December 31,2011.(Mayor) (Majority of
those present and voting)
President Letellier— I don't think Carla is here tonight. No. Do we have a motion?
Moved by Councilor Simpson, seconded by Councilor Cavallo. Any discussion?
Councilor Rossi, your light's on?
Councilor Rossi—Yes, thank you. Not on Carla, I don't really know who she is but
what I would like to address tonight is the terminology used in the resolution to confirm
and what I would like to present to the Council here is—this one here reads a Resolution
confirming the reappointment to the Commission for a term expiring on December 3 1"--
I would like to have it read "to an indeterminate term not to expire later than December
31, 2001" and the reason for that being is that should there be a cause to review that
subject's appointment, we're not bound to keep those people for that two term or that
r amount of time. This is only a suggestion but it was a thought by me because these board
members, once we appoint them, I mean they're here and if we make it an indeterminate
amount, term, not to go beyond a certain date, then we would have the discretion to
review that and take any action that we deemed appropriate. I would be open for
discussion on that.
President Letellier—I guess my thought would be that this is a board that is appointed
by the Mayor and so the Mayor would set the term and I believe there are rules within
each board for the terms. So if it's something you were interested in, I think it's
something we'd have to look at in the future but I think for this evening either we have
to, if the Council is interested in that idea, we'd have to table it this evening. Not sure if
/ that's something that we could do. I think for the board that we appoint we could change
the rules if that was the Council majority wanted to do it, but this is not aboard that we
appoint. This is a board that we merely confirm appointments so I don't know that we
would have the authority to change how the appointments are made. But if that's
something—we could have the Rules Committee look at it. I'll leave it up to the majority
of the Council. Councilor Bitzas?
r
Councilor Bitzas—Yeah, I would like to vote tonight for the lady and I don't
understand, do you want to go, Councilor Rossi through the chair, for ANY appointment
we do, all the appointments for the Council, or just a few appointments and which ones?
So I think you should wait and see and have the Rules Committee look into it because we
do the Board of Appeals, we do the Planning Board, do we do for any appointment? I
don't know how or what you want to do? I don't understand.
Councilor Rossi—Well, I didn't mean to cause any confusion and make it a complex
situation. All I wanted to just simply point out is that maybe we could look at another
option for the way we appoint and allow us some discretion in the event that there should
be some problems with the appointment throughout their tenure, that we could look at
and address and have the latitude, if we wanted to, I mean it's not a big deal and I'm not
• suggesting that we hold this appointment up. I was just something that it's here and in
front of us now, I thought I would make it known to the City Council if we wanted to put
it before the Rules Committee and make that suggestion. I realize that we can't do it now
but I just thought it would be an appropriate time to bring it up.
* Councilor Bitzas—And through the Chair—
President Letellier—Councilor Bitzas?
Councilor Bitzas—Yeah, the question is do you want it for all the appointments the
! Council makes?
Councilor Rossi--Yes.
President Letellier—Councilor Cavallo?
Councilor Cavallo—I think, it is loud isn't it, you have to stand back, I think the point
that you bring up may be very valid here because the Mayor is making this appointment
and are you referring, Councilor Bitzas, to the appointments that we make for example
the Board of Appeals, or
i Councilor Bitzas—Yes.
Councilor Cavallo—Okay, yeah, I think that would be our purview there and the other I
think we'd have to check with the Mayor and see if she would be willing to make this
kind of a change but I think with our boards, I think we're okay, if we decide to do it.
President Letellier—Yeah, I mean off the top of my head, that's my first thought is that
we don't, we have very limited appointment power and we could change our own internal
rules unless it's by the Charter and we'd have to really look and see if the Charter
indicates that terms are for a set period of time or not. So my suggestion would be that
we vote on this tonight and then if you want to bring it up to the Rules Committee you
can do that. Any other discussion? No? Barbara, could you please call the roll? A yes
vote is to confirm the reappointment of Carla Vignato to the Golf Commission.
•
•
ROLL CALL—8 Yes, 3 Absent (Councilors Calabrese, Mineo and Rhcault)
•
President Letellier— Thank you.
Item 7. Report of Council Committees
None.
Item 8. Elections
None.
•
Item 9. Public Hearings
None.
* Item 10. Old Business
1. TO-2009-1 - (ZC-2009-1) (PH-2009-1) Suggesting a Public Hearing
for the Property known as Mark Drive, Agawam, MA. and Langone
• Realty Corp. and Norman Pelley Petitioning the Town of Agawam to
Change the current Zone from Residence A-2 and Agricultural to
Business A (Council) (Vote to remove from Agenda as Petitioners are
withdrawing their Petition)
President Letellier—The Petitioners have asked to have the item withdrawn from the
Agenda so we would need a vote to withdraw the item from the Agenda. Motion's by
Councilor Perry,seconded by Councilor Messick. Any discussion? No? Six votes are
necessary. Barbara, could you please call the roll?
ROLL CALL—8 Yes, 3 Absent(Councilors Calabrese, Mineo and Rheault)
President Letellier--Thank you. We've approved removing the item from the Agenda.
2. TO-2009-6 -Transfer-$2,341.00 from Reserve Fund (16605-57300)to
Auditor—Regular Permanent Salary (11341-51010). (Mayor) (Referred to
the Finance Committee) (213 Majority Vote of the Full Council or 8 votes)
President Letellier—Do we have a motion? Moved by Councilor Simpson, seconded by
Councilors Cavallo and Rossi. Do we have a Finance Committee report?
Councilor Young—We do.
•
President Letellier—Thank you.
•
Councilor Young -The Finance Committee met this evening at 6:30pm. In attendance
were Councilors Rossi, Perry and myself. Also in attendance were our Auditor, Cheryl
St. John, a reporter from the Union News. After some discussion, the motion was made
and seconded and voted unanimously to recommend full approval of the transfer. Again,
this is a three percent increase that goes along with the rest of the negotiated, mirrors the
negotiated 3% increase that all the other folks of our Auditor's level received. So again,
we fully endorse that and recommend that the council pass that. Thank you.
•
President Letellier—Thank you. Any other questions or discussion? No? Barbara,
could you call the roll? Eight votes are needed so everyone will need to vote yes to pass
this transfer.
• ROLL CALL—S Yes, 3 Absent (Councilors Calabrese, Mineo and Rheault)
President Letellier—With eight yes, you've approved the transfer. Thank you.
3. TO-2009-7 - CLASS II LICENSE for renewal— John G. Kudlic d/b/a
• Bear Auto Sales,517 Springfield Street,Feeding Hills,MA. (Clerk)
(Referred to the License Committee) (Majority of those present and voting)
President Letellier--Do we have a motion? Moved by Councilors Rossi and Simpson,
seconded by Councilor Cavallo. Do we have a report from the License Committee?
Councilor Rossi—We do. I have conferred with the members of the Licensing
Committee and there are no objections and it was agreed mutually that we send a positive
recommendation to renew these licenses. And Madam President if I may, I'd like to take
these all in one motion if I could and that is TO-2009-7, John G. Kudlic d/b/a Bear Auto
Sales, 517 Springfield Street, Feeding Hills, MA.; TO-2009-8, the Agawam Tire&Auto
• d/b/a Car Connection, 820 Springfield Street, Feeding Hills, Ma.; and Motor City Car
Company, 91 Walnut Street, Agawam, MA. at TO-2009-9. I move as is the Council's.
pleasure to take it all in one motion?
President Letellier— I have a Motion to Consolidate by Councilor Rossi, seconded by
• Councilor Perry. Any discussion on the Motion to Consolidate? No? Barbara, could
you call the roll? Six votes are needed.
ROLL CALL —8 Yes, 3 Absent (Councilors Calabrese, Mineo and Rheault)
* President Letellier—With eight yes, three absent, we have now consolidated the three
items. We will now have a vote on approval of TO-2009-7, -8 and -9, Class II Dealer
Licenses for Bear Auto Sales, the Car Connection and Motor City Car Company. Do we
have a motion? Moved by Councilor Rossi, seconded by Councilor Perry. Any
discussion? No? Barbara, could you call the roll? Six votes are needed.
ROLL CALL—S Yes, 3 Absent (Councilors Calabrese, Mineo and Rheault)
President Letellier—Thank you. We've approved those three licenses.
•
4. TO-2009-8 -CLASS II LICENSE for renewal— Agawam Tire& Auto
Sales d/b/a The Car Connection,820 Springfield Street,Feeding Hills,MA.
r (Clerk) (Referred to the License Committee) (Majority of those present and
voting)
See Item 3 above.
5. TO-2009-9 -CLASS II LICENSE for renewal— Motor City Car
Company, 91 Ramah Circle, Agawam, MA. (Clerk) (Referred to the
License Committee) (Majority of those present and voting)
See Item 3 above.
Item 11. New Business
1. TO-2009-10 -Voucher List ($91.54)
President Letellier--Next Agenda.
# 2. TO-2009-11 -(ZC-2009-2) (PH-2009-1) (TOR-09-1) Suggesting a Public
Hearing to hear the Petition of the Planning Board to Amend Section 180-12
of the Code of the Town of Agawam Governing the Issuance of Special
Permits for Animal Hospitals (Mayor) (213 Majority of the Full Council or 8
votes)
President Letellier—This should be-2 not -1. You sure it's -1? TOR? Okay, it's a
public hearing. I will refer that.to Zoning and Ordinance and that will be next Agenda.
No I'm sorry. We're doing a public hearing on March 16"'. Does anybody have a
problem with March 16'h? Nope. Okay, so public hearing March 16"'.
3. TO-2009-12 -Order Granting or Renewing a LICENSE for an Automatic
Amusement Device(s)—Agawam Bowl,359 Walnut Street Ext., Agawam,
MA. (Clerk) (Majority of those present and voting)
President Letellier— So we'll refer that to the Licensing Committee and we'lI have that
for next Agenda.
4. TO-2009-13 -Order Granting or Renewing a LICENSE for an Automatic
Amusement Device(s)—Agawam Bowl,363 Walnut Street Ext.,Agawam,
MA. (Clerk) (Majority of those present and voting)
President Letellier— So we'll refer that to the Licensing Committee and we'll have that
for next Agenda.
Item 12. Any other matter that may legally come he
Lore City Council
President Letellier—We'll start with Councilor Perry.
i
Councilor Perry—Nothing this evening, Madam President.
• President Letellier—Thank you. Councilor Messick?
Councilor Messick—We got this memo in our package from the Commonwealth of
Mass Office of Transportation and the Agawam/West Springfield Bridge, the
Morgan/Sullivan Bridge, is now on for project review and it says the Project Review
• Committee has estimated that the project could be ready to advertise for construction in
the year 2014.. Squeaky wheels get the grease, I would like to do a memo from— get
together with the Mayor and Rosemary Sandlin and Steve Buoniconti and us and just
push this through because it is so critical to any expansion of any kind of retail in that
area. We need any siting of new retail in that area or any kind of business, it's crucial.
And not only that we know the bridge is dangerous so I think waiting to advertise for
construction `til 2014 is something that we probably don't want to do if we don't have to.
That's it.
President Letellier—Also, with the stimulus package supposedly there's gonna be
money for infrastructure so—
Councilor Messick—Right and so if we continue to stay on it it's to our benefit.
President Letellier—Do you want to meet on that and make some phone calls? And
keep us posted. Thank you. Councilor Bitzas?
Councilor Bitzas —Yes, and also this is the best opportunity for our town with the
stimulus package that President Obama wants to give to the state. I was reading in
today's paper and Connecticut paper that we are to get about $3.5 billion and in their city
they have applied, they have a sewer project like we do and it was promised by their
i Governor that they would have some money for the sewers. So this is the best
opportunity for us, for the Feeding Hills sewer project that we have to keep moving and I
hope that the Sewer Committee will reconvene as soon as possible with the Mayor and
with the state representatives and Mr. Buoniconti to address this issue. It is very
important and this is the best opportunity if we are to get money from the government.
• This is the time we can get the money from the government. And also if we want to have
the money, our tax money, I think we should also have the Route 57 and the committee
we should see for that project to also to be finished because of the money..jobs. If the
federal government ...this is our ...will go to create jobs, let's go to us because in the
Town of Agawam now we have two big projects and the best opportunity that we can
i work hard and I Dope the state representative and the state senator and Neil listens to us
and they do something and I hope Madam President we just move to do something with
the Mayor to get the committees and not lose this opportunity. The sooner the better.
Thank you.
President Letellier—Thank you. Actually the Mayor and I have been talking in
anticipation of this stimulus packet doing whatever the town can do to try to get some
funds for that project so but I will snake sure that we follow through with that.
•
•
Councilor Bitzas - Thank you.
i
President Letellier—Thank you for the good words. Councilor Young?
Councilor Young—Just a, I don't know if Madam President, you have any more
information on how the Mayor plans to go.about putting together the next budget?
•
President Letellier—My understanding is and I have to tell you that I missed the budget
meeting because I had the neuro-virus but my understanding is the budget team is gonna
be working with her and with the department heads. I will go to the meeting next
Wednesday and update you folks if there's anything different but my goal is to get it in
i the hands of the Council well before that deadline. But part of the problems is we have to
wait and find out exactly what we are getting at least from the state as well. So it's kind
of a daily thing but I'll push for us to get it soon. Anything else? No? Thank you.
Councilor Simpson?
Councilor Simpson—Nothing tonight.
President Letellier—Thank you. Councilor Cavallo?
Councilor Cavallo—Yea, I have two things. First of all I'd like to commend the
program that Councilor Bitzas and I attended last week where the Seniors who received
their letter A for academic prowess receiving a 3.0 average after three years and it was
well attended. There were at least four hundred people in the audience, parents and also
grandparents and uncles and so forth and myself and Mr. Bitzas and State Senator
Buoniconti were present. Unfortunately we were told we could speak but then we found
out later we couldn't speak even though the program didn't take that long. The other
point I wanted to make is it's really a puzzle, it's really some kind of an enigma here
where at the last meeting it was in the paper that the Mayor was going to ask if councilors
would be part of this budget team and then of course you were appointed as a member
representing the council. However, when you look at the makeup of this team, there are
five people from the school end that are, may I finish please? There are five people from
• the school department on the team. There are eleven of us and there's only one person
representing us. That to me doesn't really sound to me kosher, okay? I would think why
all of a sudden did the term councilors become councilor? I would think that it's some
kind of a message either to us that maybe they or she didn't want too many people on that
committee but why five from the school department, granted that's over half of the
budget and one representing the council? And then, the Human Resources Director, I
don't know how she plays a role here. I would think the City Auditor would play an
important role here and I don't think our Auditor is on that team. Correct, Madam
President? I do not believe it.
President Letellier— You asked me not to speak until you're done, so —
Councilor Cavallo—But that's my concern. I'm wondering why there's such an
imbalance there.
40
President Letellier—No, the committee is a little school department heavy. I would
agree.
Councilor Cavallo-You think?
President Letellier--Well, as I said, I had the virus but I will be at the next meeting and
I will see what I can do to rectify the balance.
Councilor Cavallo— I wonder how much can be done at this point seeing she's already
established the committee? I did take it upon myself to go up after that was in the paper,
you were absent and Councilor Calabrese presided over the meeting and she told me, I
said would you please give the message to Councilor Letellier that I'd be interested in
being on that committee,and she said I think you have to go advocate for yourself. Sol
did go up to the office a few days later and I was told by her secretary no the committee
has already been made up and there's only one person that's gonna be on there. It is just
funny, it said more than one in the paper unless she was-misquoted but I don't think, I
hope you get somewhere, but I doubt very much it's gonna go further than that. Thank
you.
• President Letellier—You're welcome. Councilor Rossi?
Councilor Rossi—Thank you. Just briefly I thought that in the beginning of all of this,
as budget preparation was going and we were talking last year, I was under the
impression at least from the dialogue of this council that some of these sub-committees
were gonna become actively involved in the actual formulation of the budget in your
areas. And 1 guess that didn't happen and I think this team whatever it was probably was
thrown together because of the climate that's on us presently but I was under the
impression that we were gonna be more actively involved in the formulation of the
budget but apparently that didn't happen. But, I do have some other things that I'd like to
discuss quite briefly. I have a memo in my packet over here, there was a request made
• about the sidewalks not being plowed over Route 57 bypass for students who walk to the
high school. Now, I know that there's a requirement in our Ordinances that say that the
Town must plow the snow where students are required to walk. Now, I can't for the life
of me understand why the city would hang their hat on the language of where students are
required to walk and make their decision on whether or not they should plow simply
because it says they're not required to walk, they simply take the position well we're not
gonna plow that sidewalk. I think that is absolutely atrocious, it's terrible. It's a terrible
posture to take! So what I would like to see happen is (a) either they get out there and
plow that thing regardless of whether or not they're required to walk or not or (b) we
refer this to the Ordinance Committee, that we take the work"required" out and put in
"where students may walk to school" and therefore the town would be required to plow
sidewalks whether or not a student, where there are pathways to the different schools that
the town should be required to take care of. That's the first thing I would like to do. The
•
second thing is I have another letter in my packet concerning a letter that was sent or a
memo that was sent to Rosemary Sandlin, our State Representative, from Councilor
40 Mineo and he writes on behalf of the City Council questioning whether or not she has
done anything or some sort of a pledge or promise that she might have made to condo
dealers concerning trash pick up, snow removal and those kinds of things. However, I
don't remember any of that coming before this Council and this Council as a body
making a recommendation to have Councilor Mineo send any letters to Mrs. Sandlin
40 asking her what she's done in that regard. If there was a problem as the newly appointed
chairman of that condo committee, I would be more than happy to take it up with my
committee, doing whatever research as necessary and try to address the problems of these
condo owners but I have no idea what his intent was here but Madam President I'll refer
it to you at your discretion if, I will be more than happy to refer it to my committee and
we'll take the matter up. And that's really all I have.
President Letellier— I would ask that your committee take it up. I know that there are
some cities and towns in the state that have begun the process. We are by local rule they
do some additional service for condominium owners. So and I believe the City Solicitor
probably has that information handy or you can get it from MMA. I would start with
MMA actually because I'm sure they have it right at the top of their hat whereas Chris
may have to do a little work. So I would say start with MMA and by all means, schedule
a meeting.
. Councilor Rossi—Yeah, I do have most of the information on what we can and cannot
do but I just didn't know, I didn't realize that this Council had taken any action so,my
question was if you want me to take action I will and—
President Letellier--Yes, we should have a meeting. All right. I have a couple things.
First I just found out literally as the meeting was starting that our camera woman,
• Marjorie Katsoulis is leaving us after this evening and so I guess it's a small crowd but if
you could all join me in a round of applause and thank Marjie for all her hard work!
(APPLAUSE) We will miss you and you're welcome to join us whenever you'd like to.
So thank you. I wish we had more notice. And so, if I understand Councilor Rossi right,
you would like the Ordinance Committee to look at re-writing the snow removal
• ordinance?
Councilor Rossi—That's correct.
President Letellier—And also it's time to talk about parking at Riverside again, or Six
Flags again. So I know that Councilor Rheault is out ill and I was gonna ask him
privately but since he's not here, Barbara, could you have Don set up a meeting to deal
with the snow removal ordinance and parking and I guess Zoning would be part of those
as well, Jill. And that's all I have this evening. So thank you all very much. Hope
everyone has a healthy couple of weeks and we'll see you soon. Do I have a motion to
adjourn? All in favor? Opposed? Thank you.
Adiourrnment
•
•
ADDENDUM TO THE MINUTES OF THE REGULAR CITY COUNCIL MEETING
• DATED FEBRUARY 17, 2009
Item 4. Minutes
Councilor Rheault--I have a couple. Madam President?
President Letellier—Yes?
Councilor Rheault—Just for the record, it doesn't change the vote, but 1 was not present
! at that meeting but I did notice some minutes as I read them, that the transfer that you
called eight votes for, for the record it only takes six votes—transfer for reserve fund.
President Letellier—Can you show me what you're referring to? I don't know?
Councilor Rheault— It's in Council Rules if you want to see it.
•
President Letellier—No, I don't know what item you are referring to.
Councilor Rheault—Oh, I'm sorry. The item was TO-2009- 6 transfer$2341.00 and it
was stated that eight votes are needed where it only requires six. It did pass so it doesn't
• make a difference but just for the record.
President Letellier—All right. Thank you.
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