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CC MTG MINUTES SEPTEMBER 20 2010 REGULAR MEETING OF THE AGAWAM CITY COUNCIL September 20, 2010 President Rheault—Welcome to the City Council meeting of September 20''. Item L Ctti en's Speak Time President Rheault— We have a few citizens wishing to address the Council and where's my list? The first one is Forrest Bradford. Forrest Bradford —Good evening. My name is Forrest Bradford and I live at 21 Oxford Street and I wanted to make the townspeople aware that on September 7d', Tuesday night, Agawam City Council members tossed away up to $500,000.00 and fixture possibilities for more future grant monies to help green Agawam. This was up to a million dollars back in May of this year and I feel the lack of teamwork in helping people to actually accomplish this is one of the reasons why it was brought down to $500,000.00 versus a million. It isn't over. This is something that most of the townspeople really are concerned about. I've been asking people on the streets. I've been going door to door and talking to them about it and most people very much want Agawam to be declared green under the Green Communities Act. I bring up an issue about homes in Agawam because it seems that councilmen some of their objection is they feel that this will be an extra burden on developers. The Stretch Code which is part of the Green Communities Act and perhaps the most pressing of the need to turn Agawam green was about asking developers to ensure that homes were built up to 20% more efficient to get this. Some mis-information was put out there. This has nothing to do with existing homes should they want to add an addition then it would but most homes in this town it doesn't apply to. One of the councilman brought up about vehicles and I'm not sure if it was lack of study or if it was actual trying to throw a red herring into this but it's required no changing of major vehicles in town that do the work, it had a promise of changing vehicles when they came do to change for the Crown Victoria that the Mayor drives and one other vehicle I believe and then there's a statute in there for police vehicles when one . is invented that is more fuel efficient and when the police vehicles expire so that is something I wanted to clarify. It was also brought up about East Longmeadow which is kind of curious because I had asked the councilmen at the last meeting if there was anyone who had conflict of interest to please abstain from this vote and Mr. Cichetti has stated to me that he felt that because he was friendly with some developers and a real estate agent that he should abstain from this vote. East Longmeadow, hmmmm,why did the town vote it down? Well, the Selectmen actually wanted it. The townspeople weren't informed enough about this and the Builders Association of Massachusetts more corporate America came in and loaded up that town. Because of this interest in how much the developers are going to have to suffer because of this, I'm here to clear this. The developers don't have to suffer at all. It's an extra step for them to do and actually i it's a precautionary measure too for the state to ensure that they actually did do things to make a home more efficient and it's a protection for the buyer. How many of these homes are we talking about? There were 22 applications filed this year. Twenty-two. So � 1 • the Council threw out $500,000.00 for a possibility and it is an intent grant meaning that they look at the intent of the Council, are they willing to try to help the future? Are they • willing to try to speak to the children and say we're gonna do something for you? And so, I ask the taxpayers of this town to think about this. We are given promises that oh, letting the developers build as much as they can will lower your taxes and everything. Okay, our town tripled in population since 1960-something and I asked those people who have lived here all this time, are your taxes lower? We pay town councilmen $10,000.00 • each. That means every household here in town pays the Council $10 so that you can do your jobs. Ten thousand dollars each. You cost every household $50.00 and I can use fifty dollars and one of the councilmen brought up that he's for the little guy — I don't think so. Thank you. President Rheault—Thank you. Mary Czajkowski? Mary Czajkowski—Good evening. Mary Czajkowski, Superintendent of Schools, 1305 Springfield Street, Feeding Hills. I'm here this evening to ask for your support to adopt Resolution TR-2010-38 which is a resolution authorizing the preparation of a Statement of Interest for a Green Repair Program for the Agawam Junior High School. Along with me here this evening is Laurel Placzek and Patti Cavanaugh as well as Anthony Bonavita, or he should be here. We attended last Monday, the Budget Finance Sub-Committee meeting of the City Council and also asked if they had any questions relative to this Resolution and to the Green Repair Program. To give you a little background on the Green Repair Program — we were notified in August, the middle of August, all school districts in the state were notified that funding was available for a Green Repair — a renovation project that would take place for a school that had structurally sound foundation however needed new roof, boiler, windows and doors and the Jr. High School roof is the original roof. It's in the Capital Improvement Budget to be replaced. By supporting this Resolution tonight, it would save money on energy costs, on the town's • ability to save money on energy costs as well as relieve pressure on the Operating Budgets. I did leave with Barbara Bard a copy of the School Committee's Resolution which they signed and you should have a copy of as well as the minutes of the August 30`h Special Meeting. We would be one of several districts across the state that would apply for this money. If you approve the Resolution tonight, it would be delivered to the Massachusetts School Building Authority. It's due this Wednesday, the 22"d of September. I know it's a short time frame however that was the notice we were given as well and the town would be reimbursed up to approximately sixty percent of the cost if we were able to fund this project and we're here tonight to ask for your support and certainly here to answer any questions you may have. Thank you. President Rheault—Thank you. Rich Theroux? Richard Theroux—Good evening Council. My name is Richard Theroux. I reside at 30 Ley Street in Agawam and I am Chairman of the Senior Center Building Committee. A short time ago I came to the Council and what I thought was going to be the last • opportunity I would have to speak about the Senior Center project and in particular the expanded parking that we are now starting on and apparently I felt I was articulate but • 2 apparently I was not and there are some other questions and I hope to clear those up this evening for the Council aiLd if there's anything further you certainly know where to find ! me and I'll certainly answ;,r them to the best of my ability along with any other member of the administration. In rarticular the questions that have come to light is this additional parking as hopefully you ',vill recall was part of the original plan for the Senior Center. The issue was that we hac. to work with the Agawam Housing Authority to utilize their property in an easement aid a document of understanding for the use of their property. 0 During negotiations of that, there were two different Directors of the Housing Authority. We started with one so really for a short period of time let's say there were three and two different administrations in the Mayor's office. We continued, the committee and I and certainly Mr. Bitzas from the Council, to work on this project to get it to fruition simply because even though the present parking at the Senior Center approved by the Planning • Board has the required spa,,es for our zoning, we knew that once this center was built and time has proven us correct, that it would be utilized to capacity and it has. That means parking. So in the end res ilt, we were able to with the help of the new Director and the Housing Authority and the administration of Mayor Cohen to come to a Memorandum of Agreement which I have this evening and I'm going to give a copy to your Clerk that states that the Agawam Housing Authority has allowed us an easement on that property no fee for the use of that easement area and that shall be a ninety-five year program to use that property. Now one of the questions came to me today and. I certainly understand it where it comes into, where does the money come from for this issue? Again, hopefully the Council will remember my remarks before or even my previous remarks during this process. The bond was sei passed by this Council. The building came in under-budget and on time however, again, this additional parking was always part of that process, was always going to be part of that bond. We just could not get the easement with the Housing Authority and the State squared away. When we were able to accomplish that just a short period of time ago, with the help of Scott Macey in the Housing Authority and their new Director Maureen and frankly State Representative Rose Sandlin and Mayor Cohen we proceeded with our original plans. This includes and maybe this is confusion again not only th4; 39 spaces or what was reported in the media—30 spaces—in the green space directly behind that building but it also includes a re-surfacing, re- lighting, re-curbing of the old existing parking lot in the back of the old center which you will recall. Also recall, will re-surface the two wings if you will on either side of the ! Senior Housing which will allow for additional parking not only for the seniors that live there but also for our center. Now if you recall the original plans and even if you don't, you certainly have been dawn to the center, without this new parking and without re- surfacing - Clerk—One minute. Richard Theroux - Without re-surfacing the old and really cleaning up what I call is the whole campus down there, the process would not have been completed and that's what we wanted to do. The bond was sent, the Council approved it. It isn't a question of well let's do so much now and maybe we can do it later simply because later would not only 0 be more expensive but to say that I worked through two administrations and almost three at the Housing Authority to get this done, it was not a simple process. It is done. It's 3 going to be accomplished, It's within the bond that you set. It's within the project that you approved. So hopeful ly if you have any other questions, please call me. I'll be glad y to go aver it again for yoxt. I'll be glad to pull out the original plans. I'll be glad to go down to the center and show you but again if you have questions, I urge you to ask them. It's just that simple. Thant:you very much for your time and your attention. President Rheault—Thank you. The final speaker is Terry Walsh. Terry Walsh — My name is Terry, Theresa Walsh. I live at 27 Oxford Street and I'm disappointed that the Going Green was voted out by the Council and a question comes to mind was why was it really voted out? Thank you. President Rheault—Thank you. Item Z Roll Call President Rheault—Clerk, Barbara,please call the roll? ROLL CALL— 10 PRESE�NT, 1 ABSENT (Councilor Simpson) President Rheault—Ten present, one absent, we have a quorum. Item 3. Moment of Silence and the Pledge ofAlleriance President Rheault—Please rise for a moment of silence and Pledge of AIlegiance. Item 4. Minutes (a) Regular Council Meeting—September 7,2010 President Rheault — Moved by Councilor Perry, seconded by Councilor Messick. Any discussion or corrections? Voice vote is sufficient. All those in favor? Ay. One abstention—myself—I was not here. Item S. Declaration from t ouncil President President Rheault— I'd iw,t like to take this moment to thank Councilor Rossi for doing an excellent job of filling in while I was away on vacation. S Item 6. Presentation of Petitions,Memorials A Remonstrances (a) Resolutions 1. TR-2010-38 -A Resolution Authorizing Preparation of a Statement of i Interest for a Green Repair Program for the Agawam Junior High School (Referred to the Finance Committee) (Councilor Bitzas and Councilor Walsh) 0 4 President Rheault — Councilor Walsh — excuse me — I'll entertain a motion, moved by Councilor Rossi, seconded by Councilor Bitzas. Councilor Bitzas -- Point of Information please Mr. President? Can you please read the Resolution for people to know what we're talking about? President Rheault--Yes. Resolution TR-2010-38 A Resolution Authorizing Preparation of a Statement of INerest for a Green Repair Program for the Agawam Junior High School WHEREAS, the Massachusetts School Building Authority("MSBA') has established the Green Repair Program to encourage the repair or replacement of roofs, windows and/or boilers in public school facilities that are structurally, functionally and educationally sound except for the condition of their roof,windows and/or boiler'; and WHEREAS, the Massachusetts School Building Authority ("MSBA') is accepting Statements of Interest ("SOIs') for the Green Repair Program through Wednesday, September 22, 2010; WHEREAS, the Green Repair Program encourages making improvements that will provide lasting benefits for years to come by increasing the town's ability to save money on energy costs, which should in turn help in relieving pressure on operating budgets; WHEREAS, the existing roof at the Junior High School was inspected by the factor representative in 2007 and given a five year life span; WHEREAS, the replacement of the Junior High roof is already included in the Capital Improvement Program for Fiscal Year 2010 to Fiscal Year 2014; WHEREAS, the replacement of all outside doors and windows will result in reduced costs for heating and cooling and increased energy efficiency at the Junior High School; WHEREAS, the MSBA may reimburse the Town of Agawam up to 57.7%of the costs of a new roof, outside doors and windows at the Agawam Junior High School under the Green Repair Program; i WHEREAS, the Statements of Interest is the first step in the Massachusetts School Building Authority's process for the Green Repair Program; and WHEREAS; a certified vote of the City Council and the full text of the vote of the School Committee with a copy of the minutes of the meeting at which the School Committee voted to authorize the submission of the Statement of Interest, signed by the chairman of the School Committee must accompany the electronic submission of the Statement of Interest; NOW THEREFORE, the AGAWAM CITY COUNIL hereby resolves to authorize the following: That the Superintendent, in conjunction with the Agawam School Committee and the Agawam City Council prepare, sign and submit a Statement of Interest in regard to the Replacement of the Agawam Junior High School roof, windows and outside doors and, if approved by the MSBA, that the Agawam City Council accept the award of the MSBA. i 5 li President Rheault—Councilor Walsh, do you have a report from the committee? Councilor Walsh — Yes, I do. The Committee met Monday, September 13a', at the Agawam Public library and present at the meeting were myself, Robert Rossi, Dennis Perry and Joseph Mineo. Also I attendance were Councilor George Bitzas and Council President Donald Rheault, School Committee member Anthony Bonavita, Parks & Recs Department Head Christopher Sparks, School Superintendent Dr. Mary Czajkowski and Finance and Human Services Director Patricia Cavanaugh. Now as it regards to the Resolution Authorizing Preparation of a Statement of Interest for a Green Repair Program for the Agawam Junior High School, Dr. Czajkowski led the discussion regarding the Resolution Authorizing Preparation of a Statement of Interest for a Green Repair Program for the replacement of the roof, HVAC, exterior doors and windows at the Junior High School. The Mass School Business Authority may reimburse the town up to 57.7% of the cost although Patricia Cavanaugh thought the percentage could either be higher or lower which depended on many factors. The estimated cost of $1,321,200.00 provided by Tony Albro did not include the cost of the HVAC handlers on the roof. After questions by the committee members, Patricia Cavanaugh thought it was possible that the HVAC handlers could cost upwards of$400,000.00. Motion by Dennis Perry and seconded by Joseph Mineo to recommend the Council to approve the authorization to prepare the Statement of Interest for a Green Repair Program for the Agawam Junior High School. The vote was 4-0. President Rheault—Councilor Bitzas? Councilor Bitzas — Thank you Mr. President. I did attend that Finance Committee their last meeting and I would like to thank the members for unanimously supporting the resolution and I also like to thank Councilor Walsh that he agreed to co-sponsor with me and I believe the full council will be in support. I would like to thank Tony Albro who was very instrumental, he had to bring all the picture very clear in front to us — and all the papers that you probably read it and I think you did of course, make it clear but if you have any questions prior to voting because we must vote tonight because otherwise we're going to lose the $700,000.00 which that money we save from the taxpayers because as you all know we have the repairs of the roof in our Capital Improvement Budget which we already voted so $1.3 million I believe. So now we save the taxpayers money - $700,000.00 — I hope that we be able to repair, to, not to repair, to have a new air conditioning unit and also in the High School, uh Junior High, so with this I'm not going to bore you. Mary did a very good job, all the committee here but if you do have any questions we can entertain a motion, Mr. President, to go into Committee as a Whole so to ask those questions if any of you councilors have any questions. Thank you so much and I hope you all support it and I believe so. Thank you. President Rheault—Councilor Messick? • Councilor Messick — One of the things that I was reading about and I'm going to be voting in favor of this, they were talking about sustainability requirements because it is 6 l� called the Green Repair Program and it does say that for schools seeking MSBA funding for replacement,repair or upgrade of their facility's roof, boiler and/or windows, projects will be required to follow the Stretch Code prescriptive requirements as a mandatory requirement. So to me the fact that we're going to be utilizing these enhancements that require about 20% greater building energy efficiency is a very good sign not only that we can receive grant funds but that we can save money in the future with the energy efficiency. Thank you. President Rheault—Councilor Rossi? Councilor Rossi— Yea, I just have a—the last section here, "if approved by the MSBA, the Agawam School Committee and the Agawam City Council accepts the award", I'm ' assuming that's the percentage that they agree to pay. That's correct and the other one is I know that we mentioned at the sub-committee meeting about the air conditioning and heating units on the roof, that's not included in this Statement of Interest here. My question is how are we going to address that if, is that gonna be an issue? Councilor Bitzas—I make a motion to go into Committee as a Whole. • Councilor Rossi—I'll make a motion to go into Committee as a Whole. President Rheault — So moved, moved by Councilor Rossi to go into Committee as a Whole, seconded by Councilor Magovern. All those in favor? Opposed? We're in Committee as a Whole. Patricia Cavanaugh -- When I spoke to the MSBA, they said because they are, the air handlers are part of the roof that we should request them but it isn't a guarantee that they will get funded so they said it's better to ask and be denied, than not to ask at all. So we are going to put the air handlers on their but when Tony, Mr. Albro, had come up with the original projections we didn't have that piece of information at the time. So Tony is supposed to be getting me those final estimates. We don't have to, tomorrow when we prepare the SOI, we don't have to give cost estimates. We just have to outline the project. Councilor Rossi — I think my question was do we need to have it on the Resolution in order for it to be sent in for request? Patricia Cavanaugh—No. Councilor Rossi—It does not? Okay. President Rheault—Any other questions? Councilor Perry? Councilor Perry—I was going to make a motion to come out of Committee as a Whole. i ! 7 President Rheault— Moved by Councilor Perry to come out of Committee as a Whole, seconded by Councilor Bitzas. All those in favor? We're out of Committee. What is the Council's pleasure? Councilor Perry—Move the question. President Rheault — Moved by Councilor Perry, seconded'by Councilor Rossi. Any further discussion? If not, Barbara, would you please call the roll? ROLL CALL—10 YES,0 NO, 1 ABSENT (Councilor Simpson) President Rheault—Ten yes, zero no and one absent,you have approved the resolution. Item 7. Renort of Council Committees None. Item 8. Elections • None. Item 9. Public Hearingl • None. Item 10. Old Business 1. TOR-2010-5 -An Ordinance to Amend the Code of the City of Agawam Chapter 175 entitled"Water and Sewers"by the Addition of new Sections and Language(Referred to the Ordinance Committee)(2/2)(Mayor) President Rheault — I'll entertain a motion to move the question. Moved by Councilor Letellier, seconded by Councilor Messick. Councilor Magovern, are you prepared with a report? Councilor Magovern — The Ordinance Conunittee met last Friday, Councilor Cichetti, Councilor Letellier and we had the head of the DPW, the head of the Sewer Department, the head of the Plumbing Inspector, the Health Inspector, we had everybody and we sat down and we thoroughly discussed the implication of the passage of this code on any smaller restaurants. Just for clarification, this is a law which has been on the books for many, many years and really has not been enforced or looked at but due to a problem which has come up within the DPW with the cleaning of some of the sewers there's been an extreme increase in grease in some of the sewer lines. The head of the DPW has a very clear way of determining where the problems are corning from and we're gonna • have to just take the bull by the horns and make sure that everybody has some type of grease trap in their restaurant so that the grease does not flow into the sewers. This also affects the cost of our ...going into Bondi's Island and if we can decrease any of the 8 grease going in, this lowers our cost that we have to pay. All in all, it was a very well discussed item. We have cost measures for putting in the grease traps for a restaurant that would have to add them. Most of your newer restaurants already had them installed under the new construction and all in all I think it was a very worthwhile discussion. A lot of good points came out and the Ordinance Committee voted unanimously to support this Resolution, Ordinance, I'm sorry. Thank you. President Rheault—Thank you. Councilor Letellier? Councilor Letellier — Yes, thank you. Actually it was an excellent presentation by the various department heads and there's a couple things I just wanted to add to Councilor Magovern's report. The Town Council originally passed this Ordinance in May of 2006 so it's been on the books for four and a half years. What this Ordinance does is two things. It gives people another year to comply and second it changes, initially the town said that the location of the grease trap had to be interior, I'm sorry, exterior only, and what Anthony is telling us, Anthony from the DPW, is that he doesn't care whether it's interior or exterior as long as you have one and they gave us various plans. You could have one right in your sink, you could have one that's exterior and the cost of the unit that these restaurants are gonna need is based on the volume of grease that they put out so it's gonna be inexpensive for some and it's gonna be more expensive for others but what shocked me when we had the first reading is all the discussion because this has been on the books for four years. What we are doing is reminding people and giving them another year and we're also making it more flexible for restaurant owners and it's not just restaurant owners. There's some churches in here, anybody that has a food license that creates grease. This applies to churches, community groups, the town itself so I think we're making it easier by saying it can be exterior or interior and we're giving you a year to comply with what you should have done four years ago. So I hope that the Council will pass this. • President Rheault—Thank you. Councilor Rossi? Councilor Rossi—Yes, I don't have any problems with the Ordinance itself as Councilor just said we passed this before and we found worthy of its enactment but my question is what really concerns me here is that there hasn't been any monitoring of this Ordinance. When the questions were asked to provide this Council with certain information, the information that I read through this thing here is that there's been virtually no monitoring of this and the only, and we have no understanding of who is in compliance and who is not. And I guess the new people who've started business in town, I guess they're forced to have one because the law says that they must have one but the existing businesses, the only way to find out if they're in compliance is if they have a grease back up and the DPW responds to clean their trap and I guess along with the passage of this it also allows us to set fees to assess the fees commensurate with the cost of cleaning up the blockages and all that sort of thing so I guess that's good but I hope that this is going to be a little more closely monitored to be sure that these people here have this things, that they're complying with the Ordinance. I mean to have this thing in effect for four years now and then find out that it's back here now because there's problems and it appears that the � 9 problems are non-compliance because we haven't been monitoring the system. We've asked for information here. I didn't ask for it personally but other councilors have and i we didn't get anything back here concerning any of that stuff. One of them was a list of the establishments that are specifically in non-compliance. We never even got a response on that. The rest of the stuff I guess we can probably deal with ourselves. All we got was a list, there's an arms length list of people who are supposed to have them, but how many of these people are actually non-compliant and how are we going to get them into i compliance? I hope that we do. President Rheault—Councilor Magovern first. Councilor Magovern —This is the question that we asked, everybody in the room, it's a problem that concerned me and that was one of the reasons why I pulled everybody in for the Ordinance meeting. I wanted to do know who was not in compliance. I got the list of everybody who has a food license in town and we went over that list and quite honestly they did not provide us with the answer mainly because they don't have the answer which is the bottom line but the reason they don't is because they have been trying to correct the ! problems and the only way that they can find out is if there has been a grease blockage when they go in and do their standards inspections, they can determine what the grease traps are at that time and they said really most of them have some type of grease trap in there even the ones that have been grandfathered in and they are working on it, the people that aren't in compliance, to find out what their situation is and they're working on it. But the amount of restaurants and food licenses in town surprised me but they are working on making sure that everybody will be in compliance. President Rheault—Councilor Mineo for the first time? Councilor Mineo — Through the Chair to Councilor.Magovern because I was not at the meeting, who has, since we passed this back in 2006,has there been any monitoring done at all? Councilor Magovern — The monitoring comes basically when there's a problem or if there's a regular inspection of the restaurants. Councilor Mineo—Basically what we did is we passed something that— Councilor Letellier—I can answer a little of that from my notes and what my memory is but I'll let Councilor Magovern finish. Councilor Magovern -- Well that's basically the answer is that a lot of the restaurants know there's a grease trap that has to be in their facilities, most of them have them in there and anybody that hasn't had them in there has really had some problems that have been created and these problems have been addressed by the DPW. They're very diligent in what they're doing and they've got further checks and balances to try to determine if anybody is not in compliance and those are the ones that they're dealing with and they will go out. They're offering aid to any restaurant that has a problem. Call the DPW. 10 • They've got all kinds of diagrams and charts. They've got all kinds of systems that are available. They said it made it easier to have inside or outside grease traps and it's a • situation that should have been taken care of years ago. Everybody's aware of that and now they are trying to address that problem. Councilor Mineo—I do have one more question. So who will be enforcing this? 0 Councilor Magovern - A combination of the Plumbing Inspector and the Health Department. Councilor Mineo — So they'll be going together or is this going to be split up? I mean it's kind of, well, you're telling me two people, two departments are going to be handling it— Councilor Magovern — Two departments will be aware of the situation because they both have access to restaurants and what happens in these restaurants. When the Plumbing Inspector goes out to check the plumbing, he also checks the grease traps. When the Health Inspector goes in on his normal health inspections which the Health • Inspector does check restaurants on a regular basis, this will be one of the things that he will be checking on is the grease trap. Councilor Mineo—One more question. So how are we gonna know that this is gonna be enforced? I mean we passed something four years ago, it wasn't enforced. Now we've • got an Ordinance here --not that I'm against the Ordinance, I'm not, I'm in favor of it. I just want to know how it's gonna be enforced. Who's, you know? Councilor Magovern — Maybe Councilor Letellier would like to add a little bit more information? • President Rheault—You're gonna shift the boat? Councilor Letellier — I can add a little to this. That was an issue that was raised at the meeting and basically Anthony Sylvia said I can't tell you what didn't happen before me, • I can just tell you now that I'm here what I'm gonna do and one of the things they are in the process of doing is on the town map, they're gonna do an overlay of where the biggest grease blockage hot spots are and those restaurants on those streets are gonna have the highest priority for inspection. For instance, Springfield Street is one of the worst hot spots for backups so once this overlay map is done, they're gonna be the first visits. They also indicated to us that not only does this cost more in terms of Bondi's Island, overtime for the DPW workers but also the sump pumps and the stations, their life expectancy gets down more because of more things that it shouldn't have to be filtering out. I'm not like an engineer but it basically overworks the system and the system breaks down earlier and the connections break down earlier so if this is, these interceptors are in force better, it saves the town money on overtime, it saves the town money on how soon we have to replace pump stations and the equipment in the pump stations and in terms of the enforcement and I understand his perspective - his I can't tell you what happened • 11 before I was here but now that I'm here, this is what I'm doing and I applaud that attitude. I'm not passing the buck but this is what I am gonna be doing. i President Rheault—His department Gina? Councilor Letellier—He indicated, well Randy White, the Health Inspector said he goes out once a year and checks the restaurants and that he could check for the interceptors but I do think, I agree with both Councilor Magovern and Councilor Mineo, there was never a clear statement that okay Randy White will do this. DPW will do this. Plumbing will do this so I think that we need to have, maybe pass this and if we need to amend it again to say who's responsibility it is for inspections? I think Joe brings up a good point because it wasn't really clear. You know DPW said we're working on a map and we're gonna go to those hot spots first and remind them and Randy said when I do my annual visits I can check but you're right I think we've got to put some teeth into it and enforce it and save the town some money. President Rheault—All right. Councilor Messick? Councilor Messick — Just a thought I had, through the Chair to any of the councilors, how often are restaurants permits or licenses renewed? Councilor Letellier—Annually. • Councilor Messick — Okay, so before we have another permit issued, you have to have an interceptor installed or have a contract for an interceptor to be installed, you'll have made some progress on that because if they're gonna prioritize it and I can see why they would with the hot spots and I know Springfield Street is a mess with that but if they're gonna prioritize it, this is a very long list and I can see the same thing happening — five ! years passing — and the people who don't ever cause a problem aren't gonna get inspected and again if it is a law we should be able to enforce it. So possibly we can add tying it to permitting somehow? Or look at that? President Rheault—Yea, should tie the inspection to a permit approval. Councilor Letellier — His, Anthony's position was that beginning September 1" next year they would enforce the fines, the penalties and everything else and that they would send out a letter saying we're reminding you, this is how much time you have, if you need help we have some plans in the town hall, you know maybe we can help you so ! maybe if the idea is that enforcement began September I". we can add some more teeth to this Ordinance, maybe have Vince write up exactly the process for enforcement because you're gonna have to get the Department Heads on board because that's not part of their contract that they do these kinds of inspections, so who's gonna do it? So I think Joe's got a good point there and I think we have enough—I think what we should do is, I hate to be one of those pass this then—because you know me I like to tie it all up —but I think if we pass this now then the one year clock starts ticking and then we can do the amendment to say okay and this is the process for the enforcement. 12 • President Rheault—Councilor Walsh? • Councilor Walsh —I think my questions have been answered by the other councilors so I'm all set,thank you. President Rheault—Anyone else? Councilor Magovern? • Councilor Magovern — The only thing I'd like to add is it is a problem and I comment Tony for going out there and really getting his teeth into it. The problem isn't just the greases, as was said the pumps, the pump life is cut down tremendously with this problem but it's not just the restaurants which are offenders, there's other industrial • offenders in Agawam which are gonna have to be looked at as well because in doing some of my research on this, you know I spoke to some people that said there's other contaminants that are in the sewer system and really it's something that you don't think about but it is a serious problem and this is the first step I feel in trying to get a handle on it but we're gonna have to go further and make sure that we can keep it clean because as it goes out into Bondi's Island, they do charge us as determined by the ...that goes in • there and it will lower our costs, save on the sewer, save on the bushings, save on the pumps so I think that it was good to have it come before us. I think that we should give them a year to make sure that they meet the letter of the law and again the aid that the DPW is offering I think is very commendable on their part so nobody's gonna be hurt on this. There's more than enough time to get it corrected. • President Rheault—Councilor Mineo? Councilor Mineo —Just real quick, so tonight do we want to go forward with this? Do we want to, and this goes from the Chair to any of the councilors, do we table this and • have Vince take a look at it so we can get something with more teeth in it? Or do we amend it after? It's just an idea for the whole council; I will do whatever you want to do. Again I am in favor of it, it's just this is something we did four years ago and I hope we would do it correctly this time. President Rheault—Councilor Rossi, Perry, I'm sorry for the first time. Councilor Perry — Oh, thank you Mr. President. I'd agree with Councilor Mineo in regards to this has to be monitored and I really feel, it goes without saying that if the Health Inspector is doing an annual inspection on these restaurants, that should just be part of his check list. I mean it goes without saying, I mean, do you have this in there? If not, then you have x amount of time to get that in there. To me it's just common sense that it would fall into the Health Department in their inspection process that this be looked at. I mean it's a law in town, do you have it or not? If not, then I can't reissue your license. It's kind of plain and simple. To add it to this, I don't know if we have to make it official but I really feel that if he's doing his job on these inspections, there's certain things that they have to meet to qualify to renew that license and this should just be part of it. The other question I have is through the Chair to Councilor Magovern as 13 Chair of the Sub-Committee, I did bring up in regards to the last meeting the actual town facilities. Was that brought up? Do we meet the requirements? I mean each school has a cafeteria, you have the Senior Center and I would hope that actually does fall under being in compliance being a new building but that was a question that I did bring up. Councilor Magovern—We specifically asked that question about the schools. We asked the question about the churches because a lot of people that have churches and they have an occasional fish fry dinner or something, we wanted to make sure that they were duly covered under the grease trap Ordinance and Randy assured us that yes, he's been into most of these churches and they do have some means of a grease trap in there. Schools would be compliant to it, but we asked about the teeth in the Ordinance as it is written right now and they seem that there was no problem with the Ordinance with the way that it's written as far as the enforcement aspects that is concerned and again Randy assured us that when he went out to do his inspections, he would be checking all the grease traps and tell them that now this law is going to be enforced if they do not comply with it, they will come under the penalties and the fines but the teeth that are in here right now, it was pretty well drafted and I really,hopefully, we covered all the questions and if either of the other councilors think that I missed something they can more than, they can answer, but I • feel that we asked most of the questions at the Ordinance meeting. It went on for quite a while and they were very informative. Councilor Perry—Okay, but, my question is are the schools in compliance? • Councilor Letellier—I think I can answer that. I can answer that. Councilor Magovern—Yes they are. Councilor Letellier — He said all but one. He didn't say which one but he said all but one. Councilor Magovern — But we did specifically ask your question and yes they are except that one. Councilor Perry—Okay, that's all I asked. President Rheault—Councilor Mineo next? Councilor Mineo—No I'm all set. Thank you. President Rheault—Councilor Rossi? Councilor Rossi — I don't think we really need to table this and I think the thing is written well. There's not a problem with the way it was written and as far as the inspection goes it says this is to protect the health and safety and welfare of the people of • the City and that comes under Inspection Services so I think it's pretty well understood who is supposed to be inspecting these places. So I don't really see a problem with that • 14 and it's very clear and apparent from reading Mr. White's report back that he wasn't in the loop apparently when it came to that and hopefully he is now if I understand Mr. • Magovern correctly so as far as enforcement I think that everything's in place — Inspection Services are the people --I don't think we need to do anything more with that. Just to make sure that they do it. President Rheault—Councilor Messick? • Councilor Messick — I'm going to suggest that what we do here is take a vote on this tonight. I think it's good in that it gives us the enforcement and it gives people a year to get things in place and that we should take a look at tying a new permit into having the system that's acceptable because I suspect that how the inspections are arranged, it's by S permit date and so that will bring it to the fore during the inspection — it will be something that's under discussion—so we can actually tie it to a permit after this because what it does now is we've got the enforcement as Councilor Rossi says it's good enforcement and it gives them a year to get things started so I make a motion to move the question. • Councilor Letellier— Second the motion to move the question. President Rheault—Moved by Councilor Messick, seconded by Councilor Letellier. Councilor Bitzas—I didn't speak yet. • President Rheault—Oh, I'm sorry I didn't see your light on. Councilor Bitzas —Okay, it's my first time. Yes,the last time I was here and asked for it to go into the Ordinance — • President Rheault— Do you want to speak into the microphone George, please? Speak into the microphone. Councilor Bitzas — Oh, I'm sorry. I'm glad the Ordinance Committee, they have a • meeting which last time I asked for it, last time I abstain it because there was no information, no meeting, there was some information but not, there was not an Ordinance Committee meeting and I'm glad you have the meeting, the Council have the meeting, the Committee and have so many people and all this information came today in front of us and now I'm ready to vote and make an intelligent decision about it but I want to be a little more cautious here. We have one, two, three, four, five pages — 50 names, 50 0 establishments — about 400 restaurants or business, or churches or schools that be affected. Most of them businesses—it is a good law and as Councilor Letellier said and I vote for it, I was here 16 years ago, but we have to be careful not to go—because it's time consuming to go just for this — go to be like a business-friendly, we don't want to give impression that we go after the businesses and try to punish anybody and try to make a • fee to anybody so we have to be more like a couple councilors said before, send a letter and when White's going there for inspections of the restaurant, he has to check this too 0 15 and I think most of the restaurants they comply so if you make it cost a little bit easy and I think it'll be better for us. Just common sense and be friendly and it's good for them and good for the people, good for the environment, good for all of us so I am ready to vote for it. Thank you. President Rheault—Barbara, you want to call the roll please? ROLL CALL— 10 YES,0 NO, 1 ABSENT (Councilor Simpson) President Rheault—Ten yes, one absent, you've approved the Ordinance. 2. TOR-201 0-5 -An Ordinance to Amend Certain Fees in the Park& Recreation Department(Perry Lane Camp)(Referred to the Finance Committee) (1/2)(Mayor) President Rheault — Entertain a motion? Moved by Councilor Perry, seconded by Councilor Letellier,motion's on the floor,report from the Finance Committee? 0 Councilor Walsh — Yes at the same meeting on September 13t" that we discussed under a different item previously, for TOR-2010-6 — Christopher Sparks led the discussion on this item regarding an increase in fees for the Perry Lane Day Camp and Perry Lane Teen Camp for $25.00 to $175 for a two-week session and the Perry Lane Pre-School camp, a $20 increase to $120.00 for a two-week session. He explained that of the surplus reserve which has accumulated, $30,000.00 has been spent on the parking lot improvement this year and some additional funds were also used on improvement of camp equipment. After an increase in fees, we will still be on the lower end of comparable programs in the area. He also mentioned that the fees only cover direct cost and do not include maintenance and trash removal which is provided by the town. So after some questions 0 from the Committee members, there was a motion by Dennis Perry and seconded by Robert Rossi to recommend to the Council to increase the fees as provided. The vote was 4 to nothing. President Rheault — Thank you. Any further discussion? If not, Barbara, will you please call the roll? • ROLL CALL—9 YES, 1 NO (Councilor Bitzas), 1 ABSENT (Councilor Simpson) President Rheault—Nine yes, one no, one absent, you've approved the first reading. 3. TOR 2010-7 -An Ordinance to Amend Certain Fees in the Park& Recreation Department(Perry Lane Nursery)(Referred to the Finance Committee) (1/2)(Mayor) President Rheault — Moved by Councilor Letellier, seconded by Councilor Walsh. Motion's on the floor. A report from the Finance Committee again. 16 i Councilor Walsh —This was also at our meeting on Monday, September the 1P. This was an Ordinance to amend certain fees in the Parks & Recreation Department for the ! Perry Lane Nursery. Again Christopher Sparks led our discussion regarding an increase in fees regarding the Perry Lane Nursery two day program per month—a $10 increase to $115.00 and for the three day program per month — a $15 increase to $145.00. He explained that while the town keeps track of the surplus reserves by the entire Perry Lane operation, he maintains separate records for the camp and nursery school programs. Again, the proposed fees will be on the lower end of comparable programs in the area. There was a motion by Dennis Perry, seconded by Robert Rossi to recommend to the Council to increase the fees as provided. The vote was 4-0. President Rheault—Thank you for that detailed report. Any further discussion from the ' Council? If not, Barbara,will you call the roll please? ROLL CALL—9 YES, 1 NO (Councilor Bitzas), 1 ABSENT (Councilor Simpson) President Rheault—Nine yes, one no, one absent, you've approved the first reading. Item ]]. New Business 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—That will be on the next Agenda. Item 12. Any other matter that may legally come before the City Council. i President Rheault—We'll start to my furthest left, Councilor Perry? Councilor Perry— Yes, thank you, Mr. President. I just have one issue this evening and it's just something that I would ask all committee chairmen to keep in mind that we've had some committee meetings recently that have taken place in the am. Some of us work full time and it's very difficult and we would like to attend some of those meetings because they are important. There's no question about it so I'm just asking and throwing it out there to all committee members or chairmen of committees to keep in mind to possibly have the meetings in the evenings to where all councilors if they want to attend can and I understand that some meeting that you want to have the town employees, department heads or what not there, but it's our meeting. They will come if we have it in the evening so I'm just asking to keep that in mind because all of us would like an opportunity if we so choose to attend these sub-committee meetings. Thank you. President Rheault—Thank you. Councilor Letellier? Councilor Letellier — Yes, thank you. I'd like to announce on behalf of a number of Rotarians here on the Council that we're having our annual Harvest Festival on Saturday, October 9t', at the Veterans Green at Phelp's School. It's gam to 2pm. New this year, 17 • we're gonna have music. Two bands — Richie Mitnick and Friends and also Spiked Punch — which is a 70's, 80's and 90's rock and pop. We're gonna be selling the • delicious apple pies from the Senior Center, arts and crafts,the farmer's market so please mark your calendars and we hope you all can come and if there are any crafters out there that have missed the announcement, please contact me if you'd like a space. Thank you very much. • President Rheault—Thank you. Councilor Messick? Councilor Messick—I have nothing this evening. President Rheault—Thank you. Councilor Cichetti? Councilor Cichetti—Nothing. President Rheault—Councilor Walsh? Councilor Walsh — I'm glad that Councilor Letellier clarified "Spiked Punch". I * couldn't imagine that the Rotary was having spiked punch at an event— this is the name of a band so I have nothing else tonight. Thank you. President Rheault—Thank you for that input. Councilor Rossi? • Councilor Rossi—Nothing. President Rheault—Councilor Mineo? Councilor Mineo—Nothing. • President Rheault—Councilor Magovern? Councilor Magovern — Just like to thank all the voters who came out on Primary Day and thank you very much. • President Rheault—Councilor Bitzas? Councilor Bitzas—Nothing tonight. President Rheault — I have just one question and it's to Councilor Perry. Officially I noticed that you had requested from the Solicitor some explanation of General Laws and City Council reorganization, did you get a reply? Councilor Perry—I have not. I know that I believe that I sent that out in August- • President Rheault— 8/2 18 • Councilor Perry — Yea, through Barbara to our, City Solicitor. Vince did call me a couple days after and asked specifically what I was looking for and I said well there are three general questions I asked you in the memo and he did ask in regards to the urgency behind it because he said he had some other things he was working on and I said well when you get the change would you please look into working on it. I haven't heard from him since. I did contact Barbara today to re-issue a memo to him to kindly please respond to the three questions that I asked him on that memo but to date I haven't heard • anything. No. President Rheault — Thank you. Well, I have nothing else. I'll entertain a Motion to Adjourn? Moved by the Council to adjourn. All those in favor? Opposed? We are now adjourned. Thank you and good evening. Adiournment. ! • • • 19