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CC MTG MINUTES MARCH 21 2011 REGULAR MEETING OF THE AGAWAM CITY COUNCIL March 21, 2011 Vice President Rossi -- Good evening and welcome to the City Council meeting of March 21, 2011. As you can see President Don Rheault is not in attendance tonight. He's a little under the weather and I wish him good speed. Councilor Cichetti is away on business. He will not attend. Item 1. Citizen's Speak Time Vice President Rossi — There are no citizens for Speak Time so I will ask Barbara to please call the roll. Item 2. Roll Call ROLL CALL—9 PRESENT, 2 ABSENT(Councilor Cichetti and President Rheault) • Vice President Rossi—Nine present, two absent. Item 3. Moment of Silence and the Pledge ofAlleriance Councilor Perry—Mr. Vice President? A moment of silence first? Vice President Rossi — Oh, I'm sorry...a moment of silence and Pledge of Allegiance please? Item 4. Minutes (a) Regular Council Meeting—March 7, 2011 Vice President Rossi — Moved by Councilor Magovern, seconded by Councilor Perry. All in favor? Opposed? We have two abstentions — Councilor Letellier and Councilor Simpson. Item S. Declaration from Council President 1. Emergency Preamble regarding sewer main break • Vice President Rossi — This is going to require a vote of the City Council — eight votes required to pass this. We're all familiar with this. is there any discussion? Moved by Councilor Bitzas, seconded by Councilor Perry. • Councilor Bitzas—Mr. Vice President can you please read that for the people? TO-201 1-10—Emergency Authorization Pursuant of M.G.L. Chapter 44, Section 31 • 1 • WHEREAS, sections of the 10" and the 20" sewer force main pipes on Meadow Street, located in a protected wet land, ere discovered damaged on March 18, 2011; and WHEREAS, as a result of the damage to the force mains untreated sewage was released- and WHEREAS, it has been reported that sewage was flowing into the Westfield River; and WHEREAS, the DPW has been working diligently in an effort to bypass the sewage leak and limit the . backup, however, the situation is rapidly deteriorating; and WHEREAS, the sewer repairs are beyond the capacity of the Town's equipment to make necessary repairs; and WHEREAS, a contractor with the ability and equipment is required to repair the sewer force mains; and • WHEREAS, this request is based upon the necessity to replace or repair the force mains, although the full extent of the damage and cost to repair are unknown at this time due to conditions at the worksite; and WHEREAS, the Agawam Conservation Commission has issued an emergency certificate; and WHEREAS, in order to promote and protect the health, safety, and welfare of the Town of Agawam and its citizens, repairs to the sewer pipe must be made immediately; and WHEREAS, it is in the best interests of the Town of Agawam for the Agawam City Council to act on TO- 2011-10 at its regular meeting of Monday, March 21, 2011 NOW THEREFORE, the Agawam City Council hereby declares pursuant to Section 2-9(b) of the Agawam Home Rule Charter that an emergency exists and hereby approves this Emergency Preamble; and NOW THEREFORE, the Agawam City Council authorizes the Mayor pursuant to M.G.L. Chapter 44, Section 31 to incur liabilities in excess of amounts appropriated to the Agawam DPW to repair sections of the 10"and the 20"force mains near Meadow Street. Dated this 21s'day of March, 2011. Vice President Rossi— Councilor Bitzas? Councilor Bitzas — Yes, I think we have no choice then to approve this today, tonight and probably saw on television and the news and it's absolutely terrible what those individuals did during the night. It is unthinkable to create that mess and that destruction down there.. and I hope we recover every single penny so I hope the Council acts wisely and votes in favor. Thank you. Vice President Rossi — Anyone else? Barbara, please call the roll. You will be voting on whether to declare the Emergency Preamble. ROLL CALL — 9 YES, O NO, 2 ABSENT (Councilor Cichetti and President Rheault) Vice President Rossi — Nine yes, two absent, we've approved that an emergency does exist and TO-2011-10 will be added to the Agenda of this date, March 21, 2011 and we'll • take a motion on that right now. Councilor Letellier—Motion to approve the item. • 2 • Vice President Rossi — Okay, motion by Councilor Letellier, seconded by Councilor • Simpson. Any discussion? Barbara,please call the roll? ROLL CALL — 9 YES, 0 NO, 2 ABSENT (Councilor Cichetti and President Rheault) Vice President Rossi—With nine yes, two absent, it's been carried. Item 6. Presentation of Petitions,Memorials& Remonstrances (a) Resolutions • 1. TR-2011-19 - A Resolution regarding the Approval of an Inter- Municipal Shelter Lease Agreement regarding Animal Control between West Springfield,Westfield, and the Town of Agawam (Mayor) • Vice President Rossi—Do we have a motion? Moved by Councilor Letellier, seconded by Councilors Walsh and Bitzas. Any discussion? Councilor Letellier? Councilor Letellier — Yes, thank you. I sort of tried to thank Lt. Gillis at the beginning of the meeting and I got here a little too late to thank him in person but I was unable to attend the meeting so I found that letter with the timeline to be extremely helpful so I'm in favor of this shelter lease as well as the Ordinance to update the dog licensees and I say job well done. Vice President Rossi—I didn't see who was first...Councilor Magovern? • Councilor Magovern—Again I want— Councilor Perry — Point of privilege, Mr. Vice President? This was referred to the Finance Committee or is it the other one? Vice President Rossi — The other one. This is actually Councilor Magovern's Ordinance, this is the lease agreement we are talking about. Councilor Magovern — I just want to talk a little bit about it. We discussed it at the Ordinance meeting as well although it's not the Ordinance, it's just the agreement between Westfield, West Springfield and Agawam and first I want to thank Lt. Gillis for all the effort and energy and hours that he's put into this. But in reading through it, I had a few red flags that I wanted to bring up. Basically it's a very expensive solution to a very difficult problem and I know that we have a problem out there but just so that everybody's aware of what it is. We're being charged $9,700.00 from Westfield for a • one time fee in order to go into the dog pound out there plus it's gonna be another $800+ almost $900 a month for the services in order to bring our animals there which is roughly about $18,000.00 plus we're gonna be charged for each animal roughly another $75.00 • 3 • for shots and then $15.00 a day. And our whole cost — the animals because we've had such a great Animal Control Officer we've only had 30 dogs that had to be kept overnight • and I think to spend $18,000.00 base cost for thirty dogs is rather expensive and I just wanted enough discussion on this so that everything is hashed out and everybody understands it that it's an expensive solution to the problem. And I was hoping that there was some way that we could look to getting some kind of a bid maybe from some other public people that might be interested in sheltering our dogs for a little bit less than • almost$300 a dog. So I'll just throw that out for a little bit of discussion. Vice President Rossi—Councilor Bitzas? Councilor Bitzas — Yes, I would like to discuss of course but after we speak to and we have more questions to I believe the most important people here in the audience — the Mayor is here, both from Westfield and Agawam, and Lt. Gillis and the Chief of Police and I believe and I respectfully disagree with Councilor Magovern, I do agree with Councilor Letellier and the reason I disagree with you Councilor Magovern, if there was less expensive of anything better than this and I read the letter which very in detail the letter it's almost like a book, it explains exactly how we can save money to make very clear and sure if we stay with Southwick and today of course I had a conversation with Lt. Gillis, some questions, and Southwick will ask us to pay $5000.00 per month if we want to keep the dogs down there. Actually they don't really want us to have the dogs there. How we can save $5000 per month to have the dogs in Southwick. Now in Springfield, they're asking us almost $90,000 per year because it goes $3.00 per each • resident of Agawam. We have about 30,000 people in Agawam times $3 each is about $90,000---it's a lot more expensive. So the deal with Westfield I believe it is a good deal. Now if we try to build as the letter say with Mr. Gillis to build our own we cost us almost $2 million. It's almost unbelievable when Lt. Gillis explained to me it would be a facility with air conditions and regulations, I think we got a good deal and I want to make a • motion to go into Committee as a Whole to ask those questions to people they know better than us the situation. So I make a motion to go into Committee as a Whole. Vice President Rossi—You wish to go into Committee as a Whole before you speak? Councilor Letellier — Well, he made a motion and we both seconded it now you've got to go into— Vice President Rossi—All in favor? • Councilor Letellier—You have to have a vote now. Vice President Rossi — All in favor? Opposed? Okay, we will go into Committee as a Whole. Is there anyone out there willing to speak for this? Lt. Gillis or the Mayor? (Setting up microphone and table for Committee as a Whole presentation) Vice President Rossi—Okay, Councilor Letellier? 4 Mayor Cohen—If I could— Vice President Rossi—Do you want to make a presentation first? Councilor Letellier—Oh, absolutely, sure! Mayor Cohen -- Not really a presentation, I just want to personally thank Councilors Rossi and Bitzas. We had a long discussion today, almost an hour and a half/two hours, and I really appreciate that. I think the communication was excellent and it was important because a lot of questions were asked and they were answered. This was not something that we just put together without research. We spent I would say a good part of a year looking at this, at surrounding communities, new state statutes. We did meet with Southwick. They do not want to be in the doggy sheltering business and they thankfully allowed us to stay there and we reached out to them again today and they extended it but they are not going to extend it for much longer for us to bring our dogs there. We have looked at a lot of different options and I want to personally thank Thomas DeBose, our law clerk, and Eric Gillis and the Chief and everybody because we have spent countless hours on this and I want to thank Mayor Knapik and Captain McCabe for reaching out to us and giving us what is the least expensive. And it's like an insurance policy — we all hate paying it but we have to have a place to bring them. We can't just drop them off behind the Police Station. I can't drop them off at the Senior Center. I can't drop them off at the DPW. We have to meet specific standards under the law to shelter animals whether it's one dog—we had two dogs this weekend— Southwick wouldn't take them so we reached out to them today and they've okayed it again — the extension. We can't bring them to Westfield because we don't have an agreement with them so I mean when it does happen, we need a place and they $9700 is for the build out of the cages and the kennels that will meet Code that will allow us to bring our dogs there, whether it's one or two or ten or twenty or three. We do have a vet in place that takes care of all of that. I would like to turn it over to Lt. Gillis and then afterwards if Mayor Knapik has any questions or anything but believe me we have researched it and I really appreciate the time Lt. Gillis and Captain McCabe and Thomas, our law clerk, and Vince and myself, but thank you to all of you— Chief—for all the time and the meetings ! and everything else. Lt. Gillis — Thank you Mayor. Good evening ladies and gentlemen of the Council. You all received my letter last week or the week before that. I know it was pretty lengthy but I wanted to put things in perspective for all of you who haven't been going through this journey with us in trying to get this animal control situation straightened out and I felt it was important to give you an historical perspective of what had been going on and how we had reached this final chapter, I certainly hope, in this situation. I understand Councilor Magovern's concerns. If we do it on a cost per dog basis, it's super expensive but as the Mayor clearly pointed out, this is really an insurance plan. It doesn't, we're not in a paying per dog on this agreement, we're paying whether we take thirty dogs or three hundred dogs to this shelter and we never know what we're gonna have in a given year for at-large dogs that need to be sheltered. But under the Mass. General Laws, we're • 5 • required to shelter those animals. We've got to have something in place and we don't have anything in place right now. That's the sad fact of the matter. We've gotten • assistance from Southwick while we've cobbled these agreements together but they are not interested in any long term relationship with us with respect to sheltering animals. That's it. Why that is, I'm not gonna speculate. That's not my place but the bottom line is they don't want a relationship with us. So we need to find another solution. If we build a shelter, that's the first part of this. We build it — at considerable expense — we • build a shelter. Then we have to fund it and we have to operate it and we have to pay the people to operate it. I'm pretty confident that nobody here wants to get into the dog sheltering business. This is a service that we should be outsourcing to minimize our costs because if we handle it ourselves, it's exorbitant and it doesn't make sense given the number of dogs that we shelter on an annual basis, if we just take a rough average. It just • doesn't make sense. It doesn't make good fiscal sense and I understand there are concerns about the initial cash outlay. The bottom line is this —very simple —in order to accommodate us in Westfield, they had to build out their facility. That costs money. They figured out how much it was gonna cost and they split it up between us and West Springfield because West Springfield was in discussions with them to shelter their • animals there. We're gonna pay half of those costs if we want to go there. That makes sense. We've got to pay that. We're also gonna have to pay to be there, for the privilege of having that facility available to us at all times. When I looked at this and we started working on these projects, I also noticed that our Ordinances in town with respect to animal control were scattered and weak at best. We had them scattered over several different chapters in the Municipal Code — none of them were current — several of them • dated back to the early 1900's. It's something that none of us had really taken a look at but when we looked at it, it made sense for us to re-vamp that as well. At the same time, I looked at the fee structures that are in place with respect to dog licensing here in town. Currently our dog licenses are $4.00 each. By Pioneer Valley standards, that's woefully low. All of the surrounding communities in this area are a minimum of $10 for a • licensing fee. So part of that Chapter 96 re-vamp giving you this new Ordinance, is a new fee structure as well to bring us in line with surrounding communities but what it also does is it gives us a revenue stream to offset the cost that we're gonna incur as a result of entering into this sheltering agreement. So what we've done is we've brought a solution to our animal sheltering needs to you but we've also brought you a mechanism • to fund that solution. I would urge you to take a close look at it and give it some real serious consideration because I think it's the way that we need to go. Above and beyond the fee structure with respect to the adoption of these new Ordinances, it's gonna give our Animal Control Officer some tools in her toolbox that she's never had. There are issues that occur with animal control throughout this town that we cannot effectively deal with • because we do not have Ordinances that are strong enough to deal with these situations. So now our Animal Control Officer is forced to just walk away from situations because she has no teeth in any of these laws to actually deal with the problem at hand. I'll give you an example. The new Ordinance puts caps on the numbers of pets within households. I know Councilor Magovem expressed some concerns about this issue. I can assure the Council and the citizens of the community, we're not going to be out doing random spot checks to see how many dogs and cats are in a particular household. That's not the way this is gonna work. However, if we get complaints like we do from time to # 6 time that somebody has an inordinate number of animals on their property that are causing a public safety problem, we'll actually be able to address it. She'll have the i ability to move forward on these things. Above and beyond that, above and beyond giving ACO Strong some tools in her toolbox to deal with the animal control problems, you also need to be aware that there is currently legislation pending, S01033 in the Mass. Legislature and it is regarding animal control and bringing up Mass. General Laws to current times with respect to animal control and enforcements efforts in the Commonwealth. As our Ordinances currently stand, we're not gonna be in compliance with any new state regulations that come down because our Ordinances are so out of date and so out of whack that we're gonna have to re-visit this issue. If we don't take care of it now, we're certainly gonna have to re-visit it down the road. If we adopt this Ordinance now I'm confident that all we're gonna have to do is make some minor tweaks to comply with that new state law once it comes out because as we all know it never goes through exactly as it's written. So I'm sure they'll make some changes and they'll make some adjustments but if we put this new Chapter 96 in place, I think we'll be able to move forward with that and it'll kind of be a seamless transition for us. So there are a lot of benefits to this. I certainly understand that it's a large sum of money but in the scheme of things given our options, I think it's a fantastic deal and I'm delighted that Mayor Knapik and Captain McCabe have given us this opportunity. I mean if you read my letter this came about because I was talking with Captain McCabe about building our own shelter and we got into a discussion about the pitfalls and hurdles that their community has had to overcome and this olive branch was extended to us to help us out in our time of need and I'd just like to thank both of them for all of their efforts and all of their • assistance. That's about it. If you have any questions for me, I'd be happy to answer whatever I can but that's it for my statement. Vice President Rossi—Any questions from the Council? • Mayor Cohen — If you look at the number of licenses dogs in 2010, there are 1,403 dogs. If it's increased to the $10 like surrounding communities, that's $14,000.00 that helps to pay for it. In 1989 the City Council established an account that already exists as a resolving account for dogs under Chapter 146 so we don't need to establish an account. What we need to do, this money from the dog licenses would go into that account and it can offset and pretty much self-sufficient and would more than pay for the lease agreement at $10,800.00 a year because we would generate over $14,000.00 in revenue. The new laws are also gonna stipulate that that account, we're gonna have to set up another account because the cities and towns will be liable for both spay and neutering any dogs or strays that we find. The new laws are gonna put greater burden on • communities and with the research that Lt. GilIis and Attorney DeBose has done, they've already helped to bring the Ordinance that we have before you in line with the new regulations that the state is gonna put out. Believe me is it the best solution? I think it's the best one that we have. If you don't vote it up, I hope you have a suggestion or something that would certainly help us and I don't mean that facetiously. We've spent a lot of time on it. I don't really want to spend $90,000.00 to go to T. J. O'Connor and have a long wait period. That was one of the reasons and wonder whether or not they're gonna come. We think it's a great deal. Is it expensive? So isn't health insurance and I • 7 i hope none of you ever have to use your's but you know when you have to it's a good thing to have. So I think it just brings us into line, it's an excellent job and what I'd like to do, if it's okay if Mayor Knapik has anything to say, if it's the Council's pleasure? Mayor Knapik — Thank you Mayor. It's an honor to appear here in front of you this evening. I can tell you first hand sitting on the Westfield City Council for eight years prior to becoming the Mayor, as Chairman of the Ordinance Committee one of the most r sticky issues next to the taxation was animal control. Some number of years ago, we were in the exact same position you find yourself in here tonight which is an area where licensing fees were not appropriate to carry out the mission of animal control. We had an issue associated with regulation of the amount of animals within a house, kenneling laws and things of this nature and then ultimately, like you, we had an agreement with S Southwick in which eventually it came to its end conclusion and about the Fall of 2009, we were told that there'd be no more extensions with the Town of Southwick. So at that point in time, shortly in January or thereabouts, we executed a lease agreement for a shelter because of our own needs and certainly with Captain McCabe's leadership, the issues associated with animal control and custody while we picked the animals up are dictated to us by the Mass General Laws and we have an obligation to safeguards these animals. So we have been committed to the shelter business and unlike Southwick, this is a permanent situation for the City of Westfield and just like you folks one of the things that the Council did at that time was look at all the options for sheltering that were in the Valley and at the time Dakin had just recently come into play over at the former Rowley Memorial and Dakin was not in the business of sheltering so that wasn't an option, that was off the table. We looked at TJO and the same problem there was this assessment fee per resident of the City of Westfield and again for us it was about $3.00 for 43,000 people and it did not make any financial sense. So we came to the conclusion that we needed to do a shelter situation and I'm happy to say that if you've never seen the facility — it's across from the terminal building at Barnes Municipal airport across the terminal M parking lot—and it is a wonderful facility. We are committed as a city to animal shelter. This is a long — I look at this as a long-term regional agreement. I spoke with Mayor Gibson today relative to his participation, at this point they're non-committal but I think like you folks will find, like we found, this is gonna be your best option and certainly we had to bite the bullet initially to get the shelter up and running because we had no other option. We had the same problems with animals—where do you put them? I think when you look down and there's an initial build-out fee but that's recovered at the end of this year and this is actually a partnership. I look at this as long as my tenure with Mayor, the City of Agawam, the City of Westfield—we're partners in animal control and the facility can be used as a good public outreach tool for your citizens. We have adoption days at the shelter. We do a lot of different outreach with it. We have a wonderful Friends group and it does wonderful things and it does the things that we're required to do by Mass General Law and I see this for your city as a permanent solution for your dog situation. Thank you. Vice President Rossi—Councilor Letellier? i i 8 Councilor Letellier — Mayor Knapik, you indicated that West Side was not completely on board yet, Mayor Cohen, what will happen if West Side's not on board, we just pay • the $9700 for our share of the build-out and we're still able to shelter the dogs there whether or not West Springfield signs on? Mayor Knapik—Yea. Mayor Cohen—Our agreement will still stand. Mayor Knapik— Yes, that is true. The way I structured the agreement was that it was going to be independent whether or not either city came on board. Again, I think what they're gonna find in West Springfield is exactly what you'll find out when you do the research about shelter options. But we're ready to go. We could take your animals tomorrow. We went ahead on our own to build out the facility so we kind of took the approach, again, there's no other options when your city is our size, for animal control, that is as cost effective as what we are proposing to you. Councilor Letellier—Thank you. Mayor Knapik—You're welcome. Vice President Rossi—Councilor Mineo? Councilor Mineo — Yes, I just, to Mayor Cohen, how much is this gonna cost for the year, every year? Mayor Cohen—Approximately $10,800.00 rounded up. • Councilor Mineo—Is that including the rent? Mayor Cohen—That's the total cost. Councilor Mineo—The total cost per year? • Mayor Cohen—Yes. Councilor Mineo — And we're looking to, I know this is, I'm probably going a little ahead of myself but on the new fees for the dog licenses, we want to increase that to $10.00? Mayor Cohen —Ten dollars. Councilor Mineo—So if it's costing us $10,800.00 and if there's, is there 4300 dogs that are licensed in the Town of Agawam? Mayor Cohen— 1,400. � 9 Councilor Mineo— 1,400. Mayor Cohen— 1,400 times 10 is $14,000, approximately Councilor Mineo —Okay, thanks. Mayor Cohen—You're welcome. Vice President Rossi — Any other questions from Council members? If not, Councilor Magovern? Councilor Magovern - I just wanted to thank Mayor Knapik for coming down here tonight and again I wanted to reiterate that Lt. Gillis has spent hours, I mean we spent an hour the other night, evening, Councilor Cichetti and myself going over this whole program with him and it is very detailed. It is a problem and my objection to it wasn't based on your lack of effort in going into it, it's just I really feel that $300 a dog is very, very, very expensive and being a fiscal conservative it kind of grates on me but I understand what Westfield is giving us is a very good program where there's no way we could ever do it in town for that. There's no way we could go to Springfield and do it for that because I think what they're paying over in Springfield at $3.00 a head times the population of Springfield is just another very, very expensive solution. So as solutions are on the table right now, this is probably the only one but I still wish that there was some other way, that there was a private facility that we could inquire or that somebody could step forward and do this on an individual dog basis. Mayor Cohen —We did look at, there is a kennel that has not been used for years, on the Six Flags property off of South Street and to bring that up to Code and then to have to staff it, would have cost more than what it's costing us now. There is no private kennel that meets the Codes of the State Statutes that we would be able to bring any dogs to. We used to bring them into West Springfield, Mr. Pauling, but they're not in the business anymore either. Vice President Rossi — Councilor Bitzas, I'm gonna allow Captain from Westfield, do you want to say something prior to ??? Would you step up to the microphone, that way there we can record your comments. Thank you. Captain McCabe — (off microphone)...thank you for having me here tonight. To speak to Councilor Magovern's concern as far as the cost and the other possible sources. Before we came to the solution that we have now, we put out two different RFP's requesting exactly what you're trying to get and in those RFP's the first one came back with nobody at all. The second one came back with a price that was exorbitant. To the Mayor's earlier point for us to have used the facility that you were talking about, Thomas J. O'Connor, it was about $118,000.00 so it was something that we just couldn't do. Under this, if this were me and I were making the decision as to whether or not I was gonna move my city forward to enter into this agreement, I would do it in a second for • 10 lots of other reasons having nothing to do with fiscal responsibility. Mayor Knapik while he was on the Council and then took over as Mayor came in and thank God pushed the • rest of it through but he was on the end of it, if it wasn't for his stewardship it never would have gotten through, I took it in 2008 and how I wound up with it, you can ask Eric, I don't have any idea as captain of a Police Department but it became mine. We went through the MSPCA, we went through many, many different Council hearing sessions, we went through every possible scenario you could imagine in terms of what if, what if, what if, what if, what if. I have learned that dog owners are probably the most rabid advocates for their animals ever in the history of mankind and what came out of it was a very well run, very functioning animal control unit that we now have. It's clean. It's new and it was built to every specification through Mass General Law that Lt. Gillis has indicated and there are many, many, many of them which were all fairly new to me. I'm sorry not to speak to the other side of the Council so I'm telling you for sure, while it may seem like it's a lot of money per dog, wait til day one when somebody abandons a pit bull on your door step and has a litter of eight puppies, That happened day one to us and you could only imagine the advocates that came out on behalf of the puppies and the adoption and bla bla bla bla bla. So just for that type of peace of mind to secure your own peace of mind I wouldn't'look at any — I mean I'd look at other solutions in the future — but this one seems to me to be really something that it's kind of a no-brainer at this point for the Town of Agawam. Councilor Letellier—Plus, I'm sorry if I may— • Vice President Rossi—Councilor Bitzas had his light on but do you defer? Councilor Bitzas —Go ahead. Councilor Letellier — No, when I was reading the agreement I noticed that we had a sixty day back out period so if we don't like it or if we find something better which I can't believe you're only having us give you sixty days but thank you very much because with our current agreement with West Springfield it has a six month window and I was not pleased with that and when I save that this was sixty days, I thought well if we find something better then that's fine but I think the sixty days is a huge protection for our town, not so much for Westfield, but for our town it really is. Mayor Cohen - Westfield I have to say, not to interrupt Councilor, has been so gracious and they very much told us they're not looking to make money and they're not, they're sharing the cost with us and whether West Springfield comes in or not, they're not gonna . even put a greater burden on us. The greater burden will be on them if West Springfield doesn't come in because they're gonna have to pick up West Springfield's cost so they have been very gracious and it's almost, I call it a gift from God. Councilor Letellier—1 think the other thing and I'm sure both of the mayors will agree is if we have to staff this, you're looking at insurance, you're looking at, I'm sure the liability insurance to take care of an animal is huge never mind the health insurance and the other benefits that we'd have to have for a staffer because I had the same issue as 11 Councilor Magovern. When I did the math and I thought wait a minute and then I though oh wait, liability insurance, health insurance, so I thank everybody involved. Thank you. Vice President Rossi—Councilor Bitzas? Councilor Bitzas — Yes, first of all I'd like to thank Mayor Knapik and Captain McCabe for coming down here, you're the first mayor to address us and we really appreciate that + you came all the way from Westfield and we come to visit your town too. It looks nice now. So this agreement will be for five years and what happens after five years? Are you going to increase the fee or will it be the same? Can you give us, enlighten us, because we like it, I mean I know it's a good agreement and I hope that Councilor Magovern and the rest will vote in favor because we...I mean I don't blame Councilor Magovern because I had the same questions until I find the answers. I thought it would be very easy to go even to the dog hospital to go there to have them but then Lt. Gillis said no way, you cannot put a dog there for a day or two, it's against the regulations and we appreciate both of you for coming down and help us help you a little bit also. What will happen after five years? Mayor Knapik — Just to go back, I'd forgotten with Captain McCabe's search for an animal home how long that actually took before I got involved with it, it was a disaster, there's no question but that's a great question Councilor and again the way I look at it from the City of Westf eld's perspective, there's no where else for us to go. We have committed, we've staffed, we have ACO in a full-time equivalent plus a part-time ! equivalent and over a hundred volunteers so we are committed to being in the shelter game and to speak to Councilor Letellier's position, for us, we are no matter what we do, we're always going to he the major contributor to the shelter so we have a generous lease agreement with the present property owner but we have a piece of property that we're evaluating that we own that we would like probably in the future after the lease ! agreement goes through, to evaluate or I mean our lease term runs out is to evaluate a larger regional complex because what we, you know we're in the gateway to the hill towns so our ACO's interact with the ACO in the hills and they're of the same problem that there's these private, quasi-shelter things but they don't meet the MSPA or the MGL standards that you have to have for these things and they have kind of gravitated to Westfield as well on their inter-municipality agreements and I think what will happen with the Westfield scenario is because we're always gonna be in the shelter game down the line we will just end up picking up more communities because everybody's gonna find out the same thing, unless TJO changes dramatically how they finance their operation, it's unsustainable, there's no question. For the number of dogs you were talking about for that kind of town assessment, that's ridiculous and like I said when Dakin, they're not interested in having sheltering and most organizations that have any financial backing, it is a liability. There's no question and it's labor that's involved and it's labor intensive but this city, my city, is committed to sheltering for as long as we're in business. So I would anticipate that we would sit down at a later date to discuss the future but at least I know for now, you would have a safe, secure location, unlimited amount of animals to come in and you're good for the duration of the lease for now and that get you out of a sticky situation. 12 • Councilor Bitzas —Thank you Mr. Mayor. • Mayor Knapik-You're welcome. Vice President Rossi—Any other discussion? • Councilor Letellier—Move to come out of Committee as a Whole? Councilor Perry—Second. Vice President Rossi — All in favor? I want to thank you very much for your • participation here tonight. It was very helpful and beneficial. Any further discussion? Seeing none, call the roll please Barb? ROLL CALL — 9 YES, 0 NO, 2 ABSENT (Councilor Cichetti and President Rheault) Vice President Rossi—Nine yes, two absent, the motion's been passed. Item 7 Report of Council Committees None. Item 8. Elections None. • Item 9. Public Hearings None. Item 10. Old Business • 1. TO-2011-8 - Transfer of$3,500.00 from Reserve Fund (16605- 57300) to City Council Professional Services (11112-52190) (Referred to Finance Committee) (President Rheault) Vice President Rossi — Moved by Councilor Letellier, seconded by Councilor Bitzas. Finance Committee report? Councilor Walsh — Yes, the Finance Committee met last Thursday at 7:00pm at the Senior Center and this is a transfer from the Reserve Fund to the Council Professional Services to restore $3,500.00 to the Professional Services Account in the Fiscal Year 0 2010 budget. There was a discussion on the use of the funds by the Council Reorganization Sub-Committee to engage an outside attorney to advise the committee. 13 The question was raised if the total budget of$5,000.00 would be sufficient enough. If additional funds were needed, the committee would have to request additional funds. • The general feeling was that the committee should be able to get through the current fiscal year without having to request additional funding. A vote was taken and the vote was 4-0 in favor of recommending approval to the Full Council. Vice President Rossi — Thank you Councilor Walsh. Is there any discussion on the • motion? Councilor Letellier—Just so the Full Council knows. I was assigned the duty under the Reorganization Committee to find us a lawyer but instead what I've done is through the help of MMA and also DHCD —Department of Housing and Community Development— • we have been referred to UMass Boston's Collins Center for Public Management and so we're having a free consultation from them coming at our next meeting on March 30`h from the Depute Director of the Collins Center and when I spoke to this gentleman, this is one of their main areas of expertise is to help town's reorganize, save money, they've done this work before, they're not reinventing the wheel and because they're part of UMass, they are publicly subsidized so we're getting someone who's expertise is really • honed in on what we need and it will be less expensive than hiring private counsel. So I know that because of quorum issues you can't come and ask questions but our meeting is March 301h and this gentleman, Steve McGoldrick, from the Collins Center from UMass Boston, is coming and I think it will be a really informational meeting. • Vice President Rossi—Thank you Councilor Letellier. Councilor Bitzas? Councilor Bitzas — A question through the Chair to Councilor Letellier. Councilor Letellier I was at your meeting and you mentioned something about paying this person or persons or company not hourly fee but just a sum of money, can you tell us how much about? Do you have any idea? Councilor Letellier — We don't have any idea. His first meeting with us is March 30th It's a free consultation. At that point, the committee would meet with this gentleman and decide if we like what he has to tell us and we think it's a good match and at that point, my understanding is he's gonna submit a written proposal. To hire him we're gonna have to contract through the Mayor's Office. The Council can't contract with him. So we'll have to go through that process. Councilor Bitzas— So it's be less than $5000? Or you don't know? Councilor Letellier — I have no idea Councilor Bitzas. I spoke to him on the phone. I've emailed with him and he's coming on the 301h so - Councilor Bitzas --- Okay, my point is I don't like to see to be spent too much money from outside lawyers. I don't mind we have $5000.00 or something but we have the ...our lawyers that can give us some advice and I hope they know and of course we have your expertise, you are a lawyer of course. • 14 • Councilor Letellier - I am not a municipal lawyer and I have said that every time • somebody says something. Councilor Bitzas — So we try to keep the cost down for the taxpayers, that's all. Thank you. • Vice President Rossi—Councilor Walsh? No? Councilor Perry? Councilor Perry—Yes, thank you Mr. Vice President. I put the request in to the Council President to add the additional $3,500.00 into the Professional Services Account for the City Council. In pushing to have this Reorganization Committee formed, we knew that we would need legal advice and things of that nature and in our first meeting, one of the things that I looked at bringing to our meeting was that our current budget that we had passed last June only had $1,500.00 in it and that's really not gonna get us anywhere if we need the outside services. As a committee, we will look at in our upcoming meeting what the cost will be and make a recommendation to the Full Council but I really feel that as a City Council, in general, having $1,500.00 in our Professional Services will not help us in any way in any issue that would come before us — not only the Reorganization Committee. So I would highly recommend that this Council would vote to add this $3,500.00 to this Line Item. Thank you. Vice President Rossi—Councilor Mineo? • Councilor Mineo — Yea, I just wanted to remind some of the councilors that have been on this City Council. Back in 2000, this budget was $10,000.00. It was $10,000.00 and there wasn't one councilor, one councilor, I don't remember one councilor voting against our budget, not one councilor and there's a lot of us that have been up here for going on • twelve years so I think it's a good idea that we have outside counsel and I respectfully disagree but I just wanted to bring that up. That we did have $10,000, it went from $10,000 to $5,000 to $1500.00 and I think it's time that we raise this and I think if we need to come back at some point and we need to re-visit it, then I think we look at it then but I just wanted to remind people the way they voted back in 2000, 2001 and 2002 because not one councilor voted against this. Vice President Rossi—Councilor Magovern? Councilor Magovern — I just wanted to say that I think it's very wise that you're taking the initiative to form this committee and. I was wondering if Councilor Perry could outline just a little bit some of the objectives of this Reorganization Committee and what some of your hopes and plans are. I know it's not part of what we're voting on but I think it would be interesting for the public to get a better idea as to what you're trying to accomplish because from what I read I think that it's commendable. Vice President Rossi —Well, Councilor Perry, can you tie that in to the $3,500.00 we're being asked to transfer? 15 Councilor Magovern — As to what you're trying to accomplish by having this attorney or counselor come in and talk to you. What you're looking for him to accomplish by the expenditure of this money, I think that addresses the motion. Councilor Perry— Okay, in general, when I formed this committee obviously the goal is to save the taxpayers money, that's the number one goal of this committee. In discussion with my committee members, is I am sure as I talk with them; we're not the first community to look at this so why reinvent the wheel? The ultimate goal is to save taxpayers money. How we get there, we need outside advice from people that have taken on this task. That's basically what we're looking to do, to keep it within the realm of the $3,500.00. Thank you. Vice President Rossi—Councilor Bitzas? Councilor Bitzas — Yes, thank you Mr. President. Through the Chair to Councilor Mineo, if get $10,000 a few years ago and I vote for it, it was special occasion, but we didn't spend any money in the last couple, three, four years and I'm happy to see us not spend any more money. We're not here because, we have two years ago $10,000, let's throw away $10,000 of taxpayers' money. Times are tough. We have to use free money that we have our attorney in City Hall. He's a different branch. He works for us and gets paid for for us so I don't see the point to because we have to hire outside lawyers with open checkbook. That's my point. I will support the $3500.00 1 have no problem with r that but I hope Councilor Perry, you keep an eye for that and I know Councilor Letellier we...so try not to spend too much money, that's my point it was. Thank you. Vice President Rossi—Councilor Mineo? M Councilor Mineo — rust one more point that I'd like to make, yes, it's not throwing money away or anything like that. It was $10,000; it went to $5000 and down to $1500. When our budget, whatever it was, was $10,000, if we didn't use the $10,000, it went back to the General Fund and there were many a years we didn't use it and that's why we went from $10,000 to $5000 to $1500. We were very cautious. This Council's very cautious at the money they spent with the funds that we had. We didn't use them year after year. Year after year it was budgeted and if we didn't use it, it went back to the General Fund. That's the only point I'm trying to make. Vice President Rossi — Any other discussion? Seeing none, Barbara, would you please call the roll on transferring $3,500.00 from General Reserve to the City Council Professional Fund? ROLL CALL — 9 YES, 0 NO, 2 ABSENT (Councilor Cichetti and President Rheault) Vice President Rossi—With nine yes and two absent, the motion's been carried. 16 • 2. TO-2011-9 - A Transfer of $9,708.00 from the Reserve Fund (16605-57300) to Animal Transfer Capital Outlay (16610-new) (Referred to • Finance Committee) (Mayor) Vice President Rossi — Moved by Councilor Simpson, seconded by Councilor Messick. Referred to the Finance Committee, Councilor Walsh? Councilor Walsh —Thank you, yes, at the same meeting last Thursday, we took up TO- 2011-9 a transfer from the Reserve Fund to Animal Transfer Capital Outlay in the amount of$9,708.00 to fund the Town of Agawam's portion of a necessary build-out cost of the Inter-Municipal Shelter as detailed in the Inter-Municipal Shelter Lease Agreement. Councilor Rossi led the discussion in which he felt it was too costly. He provided the committee with statistics on the number of dogs picked up by the Animal Control Officer, Allison Strong, and that the majority of animals are returned to their owners. He also indicated that so far in 2011 all dogs picked up have been returned to their owners which I guess is due in partly to the Animal Control Officer being more aggressive in getting dogs licensed. Councilor Rossi has spoken to both Control Officer • Strong and Lt. Eric Gillis and while Lt. Gillis indicated he had spoken to Control Officer Strong, she indicated she had not been consulted on the matter. Councilor Rossi indicated he thought the build-out costs were excessive considering that West Springfield has to fund the same amount and that the lease is for five years with no renewal options. Our share of the rent would be $900.00 a month which he thought was a lot for the number of animals which are picked up each year. There's also a question about West Springfield going in a different direction. Apparently the Thomas J. O'Connor facility in Springfield has been in discussion with West Springfield about using their facility. Councilor Rossi also mentioned that Control Officer Strong has indicated that she has not picked up any dogs in West Springfield. Councilor Mineo would like Control Officer Strong and Lt. Gillis to appear before the Council to explain the plan to deal with • animals. The committee did not think it was a good plan for the money. So a vote was taken and the vote was four votes to recommend to the Full Council to table the matter until additional information was available. Vice President Rossi—Thank you Councilor Walsh. • Councilor Bitzas—Mr. President? Vice President Rossi—Yes? • Councilor Bitzas —I know you cannot speak because you are Chair but what you said in the minutes here, after presentation here I don't think will count but I just want you to tell the Council some information that came up clear, so if you would let the Council know, can you speak and somebody can take the Chair? Vice President Rossi—If I would step out of the Chair, I could explain that. 0 17 Councilor Letellier — It would be Councilor Walsh that would be next as the oldest member of the Council. • Vice President Rossi — I would turn the gavel over to Councilor Walsh and I'll step out of the Chair. Councilor Walsh —Councilor Rossi you have the floor. • Councilor Rossi—The minutes that were just read by Councilor Walsh were accurate in what my presentation was to the sub-committee. I did at that point in time think that it was excessive. Looking through the window at what we had, we picked up in the area of 30 dogs, 29 dogs, per year. More than half are returned to the owner. I thought that $900.00 a month was a little excessive but I had a chance to speak with the Mayor and Lt. Gillis and we went over some of the problems and questions that I had in my mind and I've since changed my view considerably. I understand now that at the time I thought that perhaps there were other options that we might explore. I have found out that our options are very limited and I have since come to understand that Westfield's agreement with Agawam turned out to be a pretty good one and I would thank Westfield for their consideration to Agawam in our hour of need because I do understand that we do need to have a program in place. I was under the impression, falsely I guess, that we could probably get it done a little bit cheaper than $900.00. I was wrong and I don't mind admitting that. I was wrong. So I'm here to tell you that after my reviewing of the situation and talking it over with Lt. Gillis and the Mayor and I have since come to • believe that it's a very good agreement. I think it's one that could last a very long time. I think it would be very costly for Agawam to do this on their own. I think it's very costly for anybody and in listening to Mayor Knapik, if I'm reading through the lines at what he's saying, I guess it's gonna turn out to be a pretty good venture if things go in your direction and I hope that they do. I think it's a good venture on your part. It sounds like it could be. I think it's the only way that we can go. I think it's the only way we as cities and towns together in the Valley that can make is to try to get together and conserve our efforts in the same direction. I think that that makes sense. So when I say that whatever Councilor Walsh had said is accurate I am going to tell you that I was deeply mistaken and I have since changed my mind. So as far as the Council's concerned I am in full favor of this agreement and the Ordinance change. Thank you. Councilor Walsh—I will return the Chair to Vice President Rossi. Vice President Rossi—Thank you Councilor Walsh. Councilor Mineo? Councilor Minco — Yea, I just wanted to say when we had the meeting the other night, I wasn't in favor, I wasn't against. I want to appreciate you coming before us because I was the one who had asked that you and Officer Strong come before us, Lt. Gillis. I just wanted to get more information on it. You articulated it very well. I understand the agreement and I'm definitely in favor of it. • Vice President Rossi—Councilor Walsh? 18 • Councilor Walsh—Yea, I think in effective we kind of put the cart before the horse so to • speak because we've already approved TR-2011-19 the lease agreement so therefore we're now bound to the point of strictly the transfer of the monies. Therefore I think the questions we had are really moot at this point. Councilor Bitzas —Move the question. • Vice President Rossi—Question's been moved. Barbara, please call the roll? ROLL CALL — 9 YES, 0 NO, 2 ABSENT (Councilor Cichetti and President Rheault) • Vice President Rossi—Nine yes, two absent, motion's been moved. Councilor Letellier — We moved the question now we have to actually vote on the question. • Vice President Rossi — You're right, I'm sorry, you're absolutely right. Okay, Barb, please call the roll? ROLL CALL — 9 YES, O NO, 2 ABSENT (Councilor Cichetti and President Rheault) • Vice President Rossi —Nine yes, two absent, the main motion has been carried. I don't know what I'd do without you here. 3. TOR-2011-2 - An Ordinance Regarding a New Chapter 96 * Concerning Dogs (Referred to Ordinance Committee) (Mayor) Vice President Rossi — Moved by Councilor Letellier, seconded by Councilor Bitzas. Councilor Magovern? Councilor Magovern— Okay, we met the other night. There was Councilor Cichetti and myself and Lt. Gillis and we spent an hour going over the Ordinance and going over the Agreement with Westfield. And one of the reasons and again, I've said it before but thank you, one of the reasons why we've got this Ordinance is because the state is coming down with a lot of state mandated rules and regulations which is also why we're stuck paying $900.00 for rental and $9700.00 because it's really state rules and regulations that preclude any other independent agency from getting into the dog pound business but we've got a twelve-page Ordinance which is one of the largest ordinances I have seen in many years as far as our dog and cat ordinance. In the discussion, I made the recommendation and Councilor Cichetti agreed with me that we should have transparency on this in the sense that a lot of people are very concerned about their animals and if we tried to push through an Ordinance that was not thoroughly ...I think that we would have a lot of people very upset with us and I'd like to see it go to a public 19 hearing and have everybody come in so they understand exactly what's in this Ordinance. We have a lot of rules and regulations we have to follow by the state but I basically agree with what's in here with a few little things that I think will come out in discussion. So that was basically the recommendation of the committee, that we have a public hearing, all set and go forward with the Ordinance. Vice President Rossi — Thank you Councilor Magovern. Any other comments? Councilor Letellier? Councilor Letellier—Just a reminder that this is just the first reading so there is time for the public to read it. I know Councilor Messick and I noticed there are a lot of typos so perhaps those could be addressed before the final passage. I missed the Ordinance Committee meeting. I'm sorry. My son and myself were both ill. All I'm gonna say is this is the first reading and if it's the Council's pleasure for a public hearing then fine but it's not ready for passage tonight anyway. Vice President Rossi — Right. Any other discussion? Seeing none, Barbara, please call the roll on the first vote? • ROLL CALL -- 9 YES, 0 NO, 2 ABSENT (Councilor Cichetti and President Rheault) Vice President Rossi — With nine yes, two absent, the motion's been carried on the first reading. Item 11. New Business 1. TR-2011-20 - A Resolution Confirming the Appointment of Scott • Letendre, 338 North Street, Feeding Hills, MA. 01030 to the Agawam Board of Registrars to a term expiring on April 1, 2014 (Mayor) Vice President Rossi—Next Agenda. 2. TR-2011-21 -A Resolution to Support the "Local Aid Resolution" currently under consideration by the Massachusetts Legislature (Councilor Bitzas) Vice President Rossi—Next Agenda. i Item 12. Any other matter that may legally come before the-City Council. Vice President Rossi—I'll start with Councilor Bitzas. i Councilor Bitzas -- Yes, if anybody likes to co-sign the Resolution, please let me know and we can put your names there. It's a great resolution of support to get the local aid. It's about the time so the government can help us and I think it would benefit every city 20 and town in the area. We send also copies of the resolution to twenty communities. Barbara did a great job so I ask the other communities to sponsor similar resolutions so if you do want to co-sponsor you are welcome to do so. Thank you. Vice President Rossi—Councilor Simpson? Councilor Simpson—Nothing tonight. • Vice President Rossi—Councilor Magovern? Councilor Magovern — In going through all the regulation for the dog pound and for the Ordinance, the one thing that kept on coming up is the fantastic job our Animal Control Officer has been doing for the past year and I think that she deserves a thank you from the Council. Getting the dogs increased in licensing has raised some revenues and I think that getting new license rates, we can raise more money. So again I think she should be thanked. Also, I had a great day yesterday. It was a great day for the Irish. We had a wonderful parade. I managed to make the whole thing along with our Mayor and Councilor Walsh. Again, thank you very much. It was a lot of fun and I'm sorry that more councilors couldn't march in it. You missed a great opportunity to give pride to the Irish even if you're not Irish. It was a great day. Thank you very much. Thank you Mayor for being there. Vice President Rossi—Councilor Mineo? • Councilor Mineo —Yea, it was a great day. I do agree with you. I saw you there and the Mayor there and Jack. I was on the side lines. That's a family day for me. I go with my wife, my daughter and some relatives but it was nice to see you all out there. You were three great Irishmen. • Vice President Rossi—Councilor Walsh? Councilor Walsh — Yes that was part of my exercise program was that walk and it was very interesting. It was a great day. The weather was fantastic and I had a great time. Vice President Rossi—Councilor Messick? Councilor Messick— 1'd just like to thank Lt. Gillis for jumping into this issue with both feet and identifying the problem and coming up with not just one solution but several solutions. I think that once I read the letter that he wrote, everything seemed perfectly clear and there are just a few little details and just a fantastic job. Thank you. Oh yes, Agawam Earth Day is set for April 30`h from 11-3 at the School Street Park. We still have plenty of openings if you have a green business or a green craft or you are a community organization that would like to participate. You can contact Tracy DeMaio at the Department of Public Works. The spaces are free and it should be a great day. Thank you. 21 • Vice President Rossi—Councilor Letellier? • Councilor Letellier — Yes, thank you. The Agawam Park & Rec, the Agawam Lions Committee and the Agawam Rotary Club are co-sponsoring the Annual Easter Egg Hunt at the School Street Park on April the 16a' and when you sign up it's for a carload. So whether it's your child, your neighbor's child etc the space is limited to parking and Councilor Walsh, you can correct me Councilor, but I think they are planning on hiding eight thousand eggs? Yes, eight thousand eggs and it's divided by age groups so no matter how young or old your child is it should be a really fun event. (off microphone) Exactly! Hours and hours of work stuffing little plastic eggs for five minutes. So, thanks. Vice President Rossi—Councilor Perry? Councilor Perry—Nothing this evening, thank you. Vice President Rossi — Thank you Council. Thank you gentlemen for appearing here • this evening. Lt. Gillis would like to make one comment. Lt. Gillis — I just want to help clarify something. We had no discussions with ACO Strong about the sheltering agreement with Westfield. We didn't feel it necessary to bring her into those discussions because they were really just financial discussions about how much it was gonna cost and legalese associated with an inter-municipal agreement. What you do need to know is that she played an extensive role in the creation of the Chapter 96 Ordinances. She reviewed these things. She and I met a ton of times about the various components of these Ordinances. She's acutely aware of all the language that's in here and she helped craft it. She made many changes so she's had a very strong hand in the creation of this Ordinance and she believes that it's necessary and I think • that's important information for you to have and I didn't want anybody to leave here tonight not knowing that. And I do agree with Councilor Magovern, she has done a tremendous job for us. She really is concerned about the animal control problems that our community faces and she's completely committed to it. She's a zealous advocate for the animals and sometimes it's a little frustrating in my position and the Chiefs position, but her heart's in the right place and she does a fantastic job. So that's all and I appreciate you hearing me. Vice President Rossi — Thank you and I'll take a motion to adjourn. All in favor? Opposed? We are adjourned. • Adjournment. • 22