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CC MTG MINUTES OCTOBER 4 2010 REGULAR MEETING OF THE AGAWAM CITY COUNCIL October 4, 20I0 President Rheault — Good evening ladies and gentlemen. Welcome to the Regular City Council meeting of October 4,2010. Item 1. Citizen's Speak Time President Rheault—There are no citizens wishing to address the Council this evening. Item 2. Roll Call President Rheault—Clerk, please call the roll. ROLL CALL—10 PRESENT, 1 ABSENT (Councilor Mineo) 0 President Rheault—Ten present and one absent, we have a quorum. Councilor Mineo is detained at work and probably will not show before the meeting ends. Item 3. Moment orSilence and the Pledge ofAtkg once President Rheault—Please rise for a moment of silence and the Pledge of Allegiance. Item 4. Minutes (a) Regular Council Meeting—September 20,2010 President Rheault— Moved by Councilor Simpson, seconded by Councilor Perry. Any corrections or additions? If not, voice vote is sufficient. All those in favor? Opposed? Unanimous. Item 5. Declaration from Council President r _ - Item 6. Presentation of Petitions,Memorials& Remonstrances (a) Resolutions s 1. TR 2010-39 -A Resolution Confirming the Appointment of Gladys Fernandez-Largay,M.D.,187 Edgewater Road,Agawam,MA to the Board of Health to a Term Expiring the First Monday in February,2013 (Mayor) President Rheault—Moved by Councilor Simpson, seconded by Councilor Rossi. I did i receive a message from Dr. Largay and she enthusiastically she does want to serve; she 1 • just unfortunately was unable to attend this evening for any questions. Are there any questions from the Council? If not, Barbara, will you please call the roll? • ROLL CALL—10 YES,0 NO, 1 ABSENT (Councilor Mineo) President Rheault — By a vote of ten yes we have approved the resolution. Barbara if you would kindly notify her. • Item 7. Report of Council Committees (a) Council Sub-Committees: Rules & Regulations—Councilor Letellier • Councilor Letellier — Thank you. Nothing's been submitted but if anyone has any ideas for ways to make our internal Rules and Regs better, please let me know. Thank you. Utilities& Street Acceptance—Councilor Mineo • President Rheault--Councilor Mineo is absent. Licenses—Councilor Rossi • Councilor Rossi — Yes, the Licensing Committee meets as necessary as you know we have licenses that come before us from time to time but our busiest year is obviously at the end of the year because most licenses are calendar year renewals so we are just starting to get busy. If you notice in your packet, we will have some new licenses for renewal that are coming up. We had an early jump because of the elections so the committee will be starting to work on those and that's it. President Rheault — Thank you. I'll speak on behalf of Councilor Mineo and the Utilities and Street Acceptance. It was brought to my attention that the Code of the Town of Agawam requires that the DPW is a member of that Committee along with the three members from the Council so we're gonna change that —that's probably a rule that you • may want to incorporate Gina and he will be added immediately so we can change the committee set ups to add the Superintendent of Public Works to that Committee. Public Safety—Councilor Cichetti • Councilor Cichetti — Yes, thank you. The Public Safety Sub-Committee did meet twice in the second and the third quarter. We did discuss on May 11'h transient parking around Six Flags which was just a table discussion and really are still working on some issues on that meeting. On August 3& we also did have a discussion on side street parking near Six Flags. We are currently working with the Solicitor to come up with an ordinance • regarding that issue. Thank you and that's it. Ordinances—Councilor Magovern • 2 • Councilor Magovern — We've had several meetings during the course of the year on the * Ordinance Committee. We've had four ordinances which we've passed or discussed. The first ordinance was an ordinance dealing with the drag racing issue which was brought up in Springfield, passed by the Council based on the recommendation of the State Police and the local Agawam Police. Unfortunately it had to be a home rule petition which means it goes down to Boston and has to be passed by both the Senate and the Legislature and unfortunately like so much of the business down in Boston, it is sitting in a committee in the Senator's office and has • not moved out of committee and I've called Boston several times to try to get it moved and they seem to just want to have it sit in the committee. So hopefully even though the legislature's closed it could be passed but it hasn't been passed yet. The second was an ordinance dealing with an increase in the size of the Agawam Veterans' Council. That was discussed at great length and that was defeated and we are leaving it the same size. We had the ordinance which was on the • Stretch Energy Code which developed quite a bit of discussion. We've had public hearings on it and after much discussion that was also defeated by the City Council. We then had our latest one was an ordinance dealing with the Water and Sewers which was dealing with the grease trap issue in various restaurants and making sure that that would be enforced which has been a law which has been on the books for many years but has never really been enforced and it will be enforced from now on and that was again discussed and we just reassured everybody that it would be • enforced and the restaurants have a year to comply with the rulings and that's my report from the Ordinance Committee. Thank you very much. Zoning Review—Councilor Messick Councilor Messick — The Zoning Review Sub-Committee met once during this time • period on June 17ffi, myself and Councilors Rossi and Walsh were in attendance as well as a number of members of the concerned public. We were discussing an overlay district around or for Six Flags in order to help alleviate the parking issues there. There was quite a long discussion of the parking issues once again and as this was a general discussion, no votes were taken and it seems as if we're continuing these discussions. • Finance—Councilor Walsh Councilor Walsh — Yes, in the last two quarters, we met one time. This was on September 13t' and we had three items to consider. One was to amend fees in the Park& * Rec Department for the Perry Lane Camp. The second item was to amend fees for the Park & Rec's Department Perry Lane Nursery and the third was to authorize the preparation of a Statement of Interest for a Green Repair Program at the Junior High School. We returned these to the Full Council with a recommendation to a positive recommendation. • Industrial Relations—Councilor Perry Councilor Perry-- Yes, thank you, Mr. President. Nothing came before this committee in this time frame. Thank you. • Ad Hoc Sewers—Councilor Rossi 3 • Councilor Rossi — Thank you. I am pleased to announce that the Phase I of the Sewer Project is currently wrapping up. We are almost done with the actual construction phases • and we are into the priming and pumping and testing and all of that sort of thing before the homeowners can actually hook up to it. We've got a kick start on the design and engineering. As you all know that we had money left over from the First Phase where we came in about 50% under budget so we were able to get a little jump start on the Second Phase and Third Phase with the design and engineering. I spoke with Anthony Sylvia today. I haven't met formally very often over the last few months with the committee but I have sent updates to let them know what is being,. what's going on and how the construction is progressing. As soon as we wrap up this phase here which is and I might add is currently on schedule right now so we anticipate within the next few weeks to be wrapping everything up and get people actually hooked up onto the First Phase system • and I will be calling a meeting with the entire committee and informing them on just exactly where we are concerning the second phases but just as a, to let you know that everything is going according to schedule. We are all on time and I'm happy to report those findings. Thank you. Ad Hoc Recreation—Councilor Bitzas • Councilor Bitzas — Yes, Mr. President. Our Committee, the Recreations and Parks Committee, did not meet the last quarter but I did attend a meeting with the ... members, the Mayor, CPA Chair Mr. Kozloski and two of his members, Solicitor and also there was an architect from Berkshire Design and we discussed the future plans of the State • Two of the School Street Park. We put many ideas on the table but pretty soon when we have more in writing, I'm going to call a meeting for my committee and I will inform the Council about our new plans. Thank you. Ad Hoc Condominiums—Councilor Mineo • Ad Hoc Personnel—Councilor Magovern Councilor Magovern — I'm very pleased to report that everybody's behaved themselves very well. There's been absolutely no personnel problems in the Town of Agawam so I have nothing to report. • Ad Hoc CPA—Councilor Simpson Councilor Simpson — Thank you. Nothing was referred to this committee for this reporting time but I have a feeling we might be busy after tonight's meeting. Thank you. • Ad Hoc Master Plan—Councilor Messick Councilor Messick—This committee did not meeting during this time frame however I will be calling a meeting within the next couple months to start reviewing some documentation. Thank you. • President Rheault — Thank you and I see we have our Auditor here this evening. Cheryl? • 4 i (bl City Auditor{Accountinz Office • Cheryl St. John - Good evening Councilors. During the past six months, the auditing department has been busy working on accounts payable, payroll, financials and other miscellaneous things. In the accounts payable area, the Accounting Principal Clerk processed 8,912 payments during the past two quarters. In the payroll area, our Administrative Assistant that does the payroll was on medical leave from April 5t' i through July 24t' and the Principal Clerk performed her duties while she was away. In addition to processing the payroll during the past six months, she has been busy inputting step increases and setting up temporary summer employees. During the last six months in the financials area, the Auditing Department has successfully completed most of the Town of Agawam's financial reports for the Fiscal Year 2010. These reports include the town's annual report, the Department of Revenue annual checklist with supporting schedules, the Schedule A, Schedule 1, Schedule 19 and the Community Preservation CP 1 and CP2 Reports. The Town of Agawam's annual report is a 29 page report that includes a balance sheet, revenue and expense budget analysis, debt schedule, accounts receivable reconciliation, special revenue fund summary and other miscellaneous i schedules. This report is distributed to the auditors, Department of Revenue, Mayor and Council. On September 9, 2010, I submitted the Fiscal Year-end checklist along with a schedule of outstanding receivables, a detailed analysis of undesignated fluid balance and balance sheet to the Department of Revenue through the Gateway system. In addition, the Treasurer and I submitted a Cash Reconciliation form, Treasurer's Quarterly Cash Report and Statement of Indebtedness. From this information, the Department of Revenue certified the town's free cash on September 13, 2010. In the General Fund, Free Cash was $4,882,516.00, Water Enterprise Fund $1,414,956.00, Wastewater Enterprise Fund $758.00, Golf Enterprise Fund $126,333.00. During the month of September, I prepared the 30 page Schedule A which was submitted to the Department of Revenue on September 10, 2010. This report summarizes the fiscal year activity for all funds. If this report is not submitted timely the state will not issue the town's quarterly payments. The previous auditor paid our independent auditors, Powers and Sullivan, $3,500 every year to complete the Schedule A. I have saved the town $21,000 preparing this report myself since I was hired. In September, I worked with Renee Jury in the School Department to * pre re the end of year school report due to the Department of Education on September 30 . I assisted her in preparing the Schedule 1, FY2010 actual figures and the Schedule 19, FY2011 estimated 'figures to make sure the town complies with the net school spending requirements. On August 5th, the Assessor and I prepared and submitted the Community Preservation Report CP 1 to the DOR. This form is required in order for the town to receive the Community Preservation state revenue. I prepared the Community r Preservation CP2 report and submitted it to the Department of Revenue on August 4, 2010. This report summarizes the 2010 fiscal year activity in the Community Preservation Fund. Currently, I am doing preliminary work with the Assessor to complete the tax rate recapitulation forms that are submitted to the Department of Revenue to finalize the new tax rate for the new fiscal year. July 26'' through July 3& r and September 130i through September 17'h the town's independent auditing firm, Powers and Sullivan, performed the fieldwork for the town's audit. Laurel and I provided them with the necessary financial reports to perform their fieldwork. They will issue their final i 5 r report on the examination of basic financial statements soon and a copy will be forwarded to each of you. Other miscellaneous things that our department has been busy working on during the past six months are journal and budget entries, monthly reports, recording fixed assets, balancing accounts receivables, processing holdover requests, attend staff& Council meetings, handling basic life insurance claims and answering the switchboard. These past two quarters were an extremely busy time in the Auditing Department. We have successfully closed our fiscal year end and prepared and submitted our required reports prior to their deadlines. If any Councilors would like to see any of these reports or if any of you have any questions,please feel free to stop in the Accounting Department and I will be happy to meet with you. I would like to thank my staff for their hard work and thank you for your time. I hope you have a good evening. President Rheault—Thank you. I'm sure I speak on behalf of the Council; we want to send our appreciation to you for your diligent and hard work. It looks like and sounds like you've been extremely busy and we appreciate you handling that phase on your own rather than to hire out. Are there any questions from the Council while we've got the Auditor in front of us? Councilor Letellier? Councilor Letellier — Yes, I know Councilor Perry and I would very much like a breakdown of the Free Cash considering it's a lot of money so if you could get us whatever accounts total up to that Free Cash amount? $4,882,516.00? Auditor--I can forward you a calculation on how it was calculated. • Councilor Letellier—And does that show what accounts had balances unspent? Auditor -- It's basically; it takes into account previous years' Free Cash, plus unspent. It's not all from this Fiscal Year. It adds to it from previous years but most of that was from previous years and every year whenever we have unspent appropriations it adds to the previous years' Free Cash so it keeps accumulating. Councilor Letellier— Okay, I'm sure once we get it we'll have some questions. Thank you. President Rheault—Councilor Perry? Councilor Perry — Yes, thank you Mr. President through the Chair, Cheryl now correct me if I'm wrong the Free Cash that was leftover from this past budget, it takes a year # before it goes back into use by the town, correct? Auditor—The Free Cash is certified around September and we can use that Free Cash up until the Fiscal Year end which is June 300, and then I have to submit another balance sheet at the end of the Fiscal Year and they certify a new number for our Free Cash for the new year so the numbers we just got certified are for use this Fiscal Year through # June 30". i 6 Councilor Perry—The four million? Auditor—Yes. Councilor Perry — Okay, it was my understanding that whatever was leftover usually took a full year before it could be used. Auditor — No we use that money, just remember though, we do use two million to balance our budget every year so that will be used to balance the next Fiscal Year's budget because we usually will vote that in June. Councilor Perry—Mhmm. Right. Okay. I'd be interested in seeing that report. Thank you. Councilor Letellier—May I ask a follow up, President Rheault? President Rheault—Yes, go ahead. Councilor Letellier— So, we could actually do a Supplemental Budget with some of that money, correct? Auditor—You can vote from that money but just remember we do use a lot of it to fund the budget. Councilor Letellier—No, but if we put two million aside and put some in the Rainy Day Fund, we still have well it's almost five hundred million dollars. So if there are projects out there, the Mayor could put forth a Supplemental Budget, correct? Auditor—It's four million, eight hundred—It's almost five million. Councilor Letellier — Five hundred thousand, I'm sorry I don't know why I keep doing that but still it's five hundred thousand dollars if there was some items that needed Supplemental Budget we could do that. Auditor—You could transfer some into the Stabilization or— Councilor Letellier-For unfunded positions or— Auditor—Which you would be able to use at any time. Councilor Letellier—Okay,thank you. President Rheault — Cheryl, I want to be sure I heard it correctly. Was that $758.00 in the Reserve Waste Water? Auditor—Yes. • 7 i President Rheault—It was. • Councilor Letellier—It's not five hundred thousand,it's $4,882,516.00. Auditor—In the General Fund. He's talking about the Waste Water. • Councilor Letellier—Okay, but the Free Cash is almost five million. Auditor—Almost. Councilor Letellier—Okay. Not five hundred thousand, five million. # Auditor—Yes. Councilor Letellier—Okay. President Rheault—Thank you very much. • Auditor—You're welcome. Item 8. Elections • None. Item 9. Public Hearings None. • Item 10. Old Business 1. TOR-2010-6 -An Ordinance to Amend Certain Fees in the Park& Recreation Department(Perry Lane Camp) (Referred to the Finance Committee)(2/2) (Mayor) • President Rheault—Moved by Councilor Simpson, seconded by Councilor Walsh. Any further discussion? If not, Barbara, would you please call the roll? ROLL CALL—9 YES, 1 NO (Councilor Bitzas), 1 ABSENT (Councilor Mineo) • President Rheault — Nine yes, one no, one absent, you've approved the ordinance amendment. 2. TOR-2010-7 -An Ordinance to Amend Certain Fees in the Park& Recreation Department(Perry Lane Nursery) (Referred to the Finance Committee) (2/2)(Mayor) i 8 President Rheault — The other one was for the Camp, I'm sorry, the second and final reading, moved by Councilor Simpson, seconded by Councilors Walsh and Perry. Any • further discussion on this? If not, Barbara, please call the roll? ROLL CALL—9 YES, 1 NO (Councilor Bitzas), 1 ABSENT (Councilor Mineo) President Rheault—Nine yes, one no, one absent, you've approved the second and final reading. Item ll. New Business 1. TR-2010-40 -A Resolution Confirming the Reappointment of Paul Schafer, 134 Corey Colonial,Agawam,MA to the Historical Commission to • a Term Expiring January 1,2013(Mayor) President Rheault—Next Agenda. 2. TR-2010-41 -A Resolution Authorizing the Community Preservation Committee to Spend $7,000.00 for the Purchase of an Irrigation System to Preserve Memorial Field as provided for under the Preservation of Open Space Section of the Community Preservation Act(Councilor Bitzas) President Rheault—Next Agenda. • 3. TR-2010-42 -A Resolution Authorizing the Mayor to Execute any and all Documents pertaining to the Exercise of the City's Purchase of the Property Owned by the Agawam Sportsman's Club,Inc.,358 Corey Street,Agawam, Hampden County,Massachusetts(Vice President Rossi) • President Rheault—Councilor Rossi, do you want to add? Councilor Rossi— Yes, Mr. Council President, I would respectfully request the Council to withdraw this item from Agenda without prejudice, there appears to be some sort of a conflict. • President Rheault—Move to withdraw this item. Any problem, all those in favor? Councilor Letellier — You can't act under New Business. We can't act under New Business. President Rheault—We can remove it so it doesn't appear under Old Business. Councilor Letellier—Okay. President Rheault—A formal vote won't be necessary as long as there's no discussion. • 4. TO-2010-34 - (PH-2010-7) Suggest a Public Hearing Date of November 3, 2010 on the Matter of a Petition by Thomas Russo,204 Suffield Street, • 9 Agawam,MA for a proposed Zone Change on property located on Garden Street(ZC-2010-1) • President Rheault — The date suggested is November 3rd. Is there a problem with anybody on that? If not, Barbara, you can go forward with the Public Hearing for then. 5. TO-2010-26 -An Order Granting or Renewing a LICENSE for a Class II Dealer—Agawam Auto Mall,Inc.,825 Springfield Street,Feeding Hills, MA. (Clerk) President Rheault -- Next Agenda and referred over to the License Committee for appropriate act. 6. TO-2010-27 An Order Granting or Renewing a LICENSE for a Class H Dealer—Falcor Auto Sales,Inc.,373 Springfield Street,Agawam,MA. (Clerk) President Rheault — Next Agenda and referred over to the License Committee for appropriate act. • 7. TO-2010-28 -An Order Granting or Renewing a LICENSE for a Class U Dealer—Langonet,Inc.,61 Ramah Circle South.,Agawam,MA. (Clerk) President Rheault — Next Agenda and referred over to the License Committee for • appropriate act. 8. TO-2010-29 -An Order Granting or Renewing a LICENSE for a Class 11 Dealer--Parrotta Auto Service,Inc.,d/b/a Parrotta Auto Sales,357 Main Street,Agawam,MA.(Clerk) • President Rheault — Next Agenda and referred over to the License Committee for appropriate act. 9. TO-2010-30 -An Order Granting or Renewing a LICENSE for a Class II Dealer—V&F Auto,Inc.,7 Harding Street,Agawam,MA.(CIerk) • President Rheault — Next Agenda and referred over to the License Committee for appropriate act. 10. TO-2010-31 -An Order Granting or Renewing a LICENSE for a Class 11 . Dealer—Zielinski Brothers,II,218 Shoemaker Lane,Agawam,MA.(Clerk) President Rheault — Next Agenda and referred over to the License Committee for appropriate act. 11. TO-2010-32 -An Order Granting or Renewing a LICENSE for a Class lI • Dealer---Chris Auto South,Inc.,207 Main Street,Agawam,MA(Clerk) 10 • President Rheault — Next Agenda and referred over to the License Committee for appropriate act. • 12. TO-2010-33 -An Order Granting or Renewing a LICENSE for a Class 11 Dealer—Joseph J.Polys d/bfa Joe's Truck Repair,97 Ramah Circle South, Agawam,MA.(Clerk) President Rheault — Next Agenda and referred over to the License Committee for appropriate act. Item 1Z Any other matter that may leealh come before the City Council President Rheault- Councilor Bitzas, we'll give you the honor tonight. • Councilor Bitzas —Thank you Mr. President. Just I want to remind you Councilors and everybody in the town that we planning now speaking as a councilor but also as a Rotary member along with Councilor Letellier, Councilor Messick and Councilor Walsh, we're working on a nice Harvest Festival this Saturday from 9 to 2. We are going to have two • bands and I know that Councilor Letellier spoke about it last time and just to remind you again. There will be food, entertainment and we promise you it will be a very, very nice family event and I would like to see everybody come and have a good time. So promise to be a good one. Thank you. President Rheault—Councilor Simpson? Councilor Simpson — Thank you. Just to the Chair, do you want the CPA item referred to the CPA Committee? . President Rheault—The one that we just removed from the Agenda? Councilor Simpson—No the Irrigation- President Rheault—The $7,000.00? Yes, I'm sorry, I missed that. Thank you. Do you have anything besides that? • Councilor Simpson—No, that's it. President Rheault—Councilor Magovern? Councilor Magovern — Very quickly I have the Friends of the Agawam Senior Center are having a rotini and meatball dinner Wednesday night at the Senior Center. I'm sure that everybody would love to have your attendance and I am sponsoring a spaghetti dinner next Wednesday night, the 131h, at the Springfield Turnverein 5 to 7 and the Senior Center one is also at 5pm. So you can get dinners very inexpensively for the next two • weeks. Thank you very much. Nothing further this evening. President Rheault—Councilor Rossi? � 11 • Councilor Rossi— I just want to get some time scheduled prior to next meeting, Barb, if • you would, for the Licensing Committee and I would ask the committee to review the licenses that are before us under New Business. If there's any problems, questions or concerns, please contact me and we can arrange for more time. I think there might be a meeting fifteen minutes before for Utilities? Maybe we can get it say at 6:30? All right? Thank you. President Rheault—Councilor Walsh? Councilor Walsh —Yes, on September 30d' I went to the Regional meeting for the Mass. Municipal Councilors Association and quite a bit of time was spent discussing Question #3 which is coming up in the election on the basically reduction in the sales tax from • 6.25%to 3% and the Association had done a study on how this impacts each community and the figures for Agawam now should this pass are in the first fiscal year following our present year, the Chapter 70 funds would be reduced by two million dollars—a little over two million — and our other funds would be reduced by $355,000.00. Now they also mentioned for this fiscal year which we're now in, if this takes effect, this would take effect on January i so if you divide those figures in half, roughly a million dollar reduction in Chapter 70 finds which is for our schools and we'll say $175,000.00 reduction in our other funds so just to kind of give you an idea of what the impact will be should this motion be approved by the voters come November 2nd or 0 I forget the date but whichever date it's a, it looks like it would be devastating to a lot of communities • including Agawam and that's all I have. President Rheault—Councilor Cichetti? Councilor Cichetti—Nothing this evening, thank you. • President Rheault—Councilor Messick? Councilor Messick—I'd just like to ask the Chair if he would like the zoning issue to be referred to the Zoning Committee. * President Rheault—I'm sorry I missed that? Councilor Messick — The zoning issue under New Business, the zone change should it be referred? President Rheault—Yes,did I miss that one too? Well,thank you. Councilor Messick—Okay, thanks, that's all. President Rheault—Councilor Letellier? • 0 12 • Councilor Letellier — So I'm gonna piggyback on what Councilor Bitzas said about the Harvest Festival. We have two bands, apple pie, apple cider, apples, popcorn, farmer's market vendors, craft sale vendors, Christmas present vendors, did I miss anything food- wise? Soda, water, there'll be a food truck so you can stay all day and eat and shop and we hope to see you. And all the money goes to Rotary charity events. Thank you. It is Saturday 9 to 2, Veterans' Green at Phelp's School. • President Rheault—Thank you. Councilor Perry? Councilor Perry — Yes, thank you Mr. President. I'll be brief. I know at the end of our last meeting you had asked me in regards to my memo to the City Solicitor in regards to reorganization. I did ask Barbara to basically re-send that to him which I think the Full • Council was copied on. Once again, I respectfully ask if you could respond in writing to the following questions regarding Article 6 Administrative Department Section 6-1 Reorganization Plans by the City Council of the Charter which I had sent to him on August 2"d. I just wanted to update you. I did through Barbara get a response from our City Solicitor that it's being worked on now and I should have something to you by next week. That was on Friday so hopefully I'll get something this week and I'll share it with the Full Council and update you in which direction we should go from there. President Rheault — Thank you very much. I have nothing to add so I will entertain a motion to adjourn. All those in favor? Ay. Opposed? We are now adjourned. Thank you and good evening. • Adjournment. • • • 13