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CC MTG MINUTES FEBRUARY 21 2012 REGULAR MEETING OF THE A GA WAM CITY COUNCIL ' Minutes dated February 21, 2012 President Johnson —I'd call the meeting to order. Item 1. Roll Call President Johnson —I'd ask our assistant to call the roll, please? ROLL CALL— 10 PRESENT, 1 ABSENT (Councilor Cavallo) President Johnson — With ten present, one absent, we have a quorum. Councilor ' Cavallo indicated to me earlier last week that he had a prior engagement and was unable to make the meeting tonight. Item 2. Moment of Silence and„the Pledge of Allegiance. President Johnson — I'd ask everyone to rise for a moment of silence and Pledge of Allegiance please. Item 3. Citizen's Speak Time President Johnson —There are no citizens wishing to address the Council this evening. Item 4. Minutes 1. Regular Council Meeting—February 6,2012 President Johnson — Is there a Motion to Approve? Moved by Councilor Mineo, seconded by Councilor Perry. Questions or discussion on the minutes? Hearing none, all ' those in favor say Ay? Opposed? They're approved. One abstention, please note Councilor Letellier's abstention. Item 5. Declaration from Council President None. Item 6. Presentation of Petitions Memorials& Remonstrances ' 1. TR-2012-2 -A Resolution Placing Restrictions on a Portion of the School Street Park Property(Tabled 2/6/12) (Councilor Magovern) ' President Johnson — It was tabled at our last meeting. What's the Council's pleasure? We have a Motion to Remove it from the Table by Councilor Rheault, seconded by Councilor Calabrese, Councilor Magovern, stepping from the Chair for a moment, 1 ' Councilor Magovern has asked that I read a letter into the record. The record is addressed to him and it's from Ben Fish who is a Brownsfield's Coordinator/Tier I ' Permit Administrator for the Commonwealth of Mass, Department of Environmental Protection. A copy of the letter is at everyone's place this evening. It indicates "As a follow-up to your recent conversations between yourself and Mass DEP representatives, ' the Department has reviewed all available site information including submitted information by the potential owner/developer's Licensed Site Professional (LSP), Thomas Duffield of S.W. Cole Engineering, Inc. As you are aware, this former shooting ' range contained extensive amounts of lead and arsenic contaminated sail. The property sat idle with contamination for many years due to the elevated cost of assessment and cleanup. In August of 2008, the Department requested the U.S. Environmental Protection ' Agency to perform an assessment and cleanup of the site. Based upon the associated health risks of the site, including very high levels of arsenic at 1,100 parts per million and lead levels up to 120,000 parts per million, the EPA performed a Removal Action. Their ' extensive cleanup included the excavation and disposal of 2,367 tons of soil. All post excavation soil sampling results were in the close proximity to the Mass DEP's standars for soil in residential areas. Due to these significantly lower levels, it is the LSP or License Site Professional's opinion that the site can be brought to closure. In addition, Mass DEP would like to clarify that we are not requiring the proposed deed restriction to prohibit gardening. This is a decision made by the potential developer on how to best ' reach closure of the site, without conducting further soil removal. The parties do not need the Department's approval to initiate this deed restriction, but it does require the approval of the current owner if it is to be implemented before the property is sold. Placement of the deed restriction does not prohibit closing out the site or sale of the property. Implementation of the deed restriction can be done prior to, or after the sale of the property. This deed restriction is for a small area of soil and should not impede ' redevelopment outside this area. The LSP determined that the deed restriction is necessary due to minimal amounts of contamination left behind, and the deed restriction is intended to be protective to prevent exposures from gardening without removal of additional soil. If you have questions, please feel free to call, thank you." Reading that, what's the Council's pleasure regarding TR-2012-2? Councilor Bitzas— Take off the Agenda? President Johnson —Is that a Motion to Remove the Item from the Agenda? Councilor Bitzas -- Yes. ' President Johnson—Is there a second to that Motion? Motion made to Remove the Item from the Agenda by Councilor Bitzas, seconded by Councilor Mineo. Questions or ' discussion on that particular Motion? Councilor Letellier? Councilor Letellier — Yes, thank you. I know I wasn't here last time but I have looked ' at the minutes and if we remove this from the Agenda, are we then saying that we are not asking for the deed restriction to be placed on there because if you, the letter from the DEP which I hate getting things at the last minute but the DEP letter does say that there's 2 still some minimal amounts of contamination left behind so I'd hate to see this come off the table and then let the sale go through and what if somebody gets exposed to arsenic or t lead, particularly a kid playing out in the dirt and we knew it was there and we didn't allow this restriction to go forward, so I guess I'm looking for a little discussion from people as to whether they're removing it from the Agenda because they don't want to ' have the deed restriction or they're removing it from the Agenda to be brought back forward. I think this letter just confirms that there is some contamination and I wasn't here last time but I'm in favor of the deed restriction because I think it prevents future owners and it gives them a heads up that they won't get without that deed restriction. No realtor is gonna tell them. No developer is gonna tell them `oh by the way, there used to be lead and arsenic here.' With that deed restriction there's an oneness on somebody to ' say hey guess what, this no gardening thing is real. There was lead and arsenic here. So I am no in favor of removing the item from the Agenda. I think it needs to be discussed and voted on. President Johnson — Just to touch the bases. All those in favor of removing the item from the table say Ay? Any opposed? It's technically off the table. Councilor ' Magovern? Councilor Magovern — I contacted the DEP after the last meeting because there was a ' question about the report and it was rather an extensive report and I know it was kind of confusing given the preliminary findings with the arsenic and the lead and the latter part of the report showed that all the arsenic and the lead had been cleared up but it seemed ' like the confusion was there so I wanted it in simple English boiled down by the Department of Environmental Protection. Ben Fish is the person in charge of it and in my discussions with him; he said basically he's of the mind that there is no contaminants ' there. The deed restriction was put on basically to dot the is and cross the is for any future discussions. There is no contamination on the site for the condominiums at all but ' on that one small portion which is wetlands which you're prohibited from growing vegetables anyway but still it would be better to have the restriction there only because as Councilor Letellier said for future reference and it's a simple process just to put it on. It ' doesn't make any difference for the development of the property. Mr. Russo is gonna go ahead and purchase the property. There is no problem with the development of the site which is going to happen but the restriction was strictly on the town property so it's the ' pleasure of the Council what they want to do. Thank you. President Johnson—Councilor Rheault, then Councilor Calabrese? ' Councilor Rheault--Oh, I'm sorry. tPresident Johnson—Councilor Calabrese? Councilor Calabrese -- Thank you. I again am voicing my support for this deed restriction as well for the same reasons that Councilor Letellier just enunciated which we had discussed during the last Council meeting. This will give notice to the public and to everyone that there was an issue there and that there may or may not still be an issue ' there but I've never understood the opposition to having the deed restriction placed here. This property is property that's gonna be sold. It's gonna be developed and this does put 1 the oneness on future owners of the property to recognize that there was an environmental hazard there at one time and I still support the placement of the deed restriction, Thank you. President Johnson—Councilor Rossi? 1 Councilor Rossi—Thank you. This deed restriction is going to be only for our property correct? It's not gonna be for the Sportsman Club property — we really can't put a deed restriction we don't own anyway so if we put the deed restriction on our own property I ' guess we're saying that there is some contaminants there. We understand and respect that we're not going to do anything with it in terms of maybe advancing it or whatever but it certainly would put the oneness on the property owner or the sale of the Sportsman Club that they would have to take notice of that and if they decided to develop, it would be at their own peril, I'm guessing, so I would be in favor of putting a restriction on our own property and not removing it from the table. President Johnson —Councilor Bitzas? ' Councilor Bitzas — Yes, Mr. President, at the last meeting, myself along with Councilors Calabrese and Magovem, we supported the restriction and spoke we have nothing to lose to put restriction on property we own which is a wetland and nobody to plant any food or ' vegetables on that land anyway so it makes no difference, we put restrictions, put restrictions, if we take off the Agenda, or vote yes, or vote no, it doesn't make one iota difference because the owner of the property he going to build anyway but if we want to tput restrictions on our property just to let them know that there it is, I will continue to support that. I have no problem but I thought because the majority of the Council the last time thought was being against that, so I thought probably take it off the Agenda or vote ' yes or no. At this point, it's meaningless, it means nothing but if you want to make a statement to put restriction on our land to be on the record there's some wrong there, ' nobody should go close by there or grow vegetables or trees or something else, it should be prohibited so I support either way for the Council wishes. I have no problem so if you want to vote, I'll withdraw my Motion to take it off the Agenda and then vote, whatever you the Council likes. President Johnson — Councilor Bitzas wishes to withdraw. I think, was Councilor ' Mineo the one who seconded? Are you willing to withdraw your second? Councilor Mineo —I'll withdraw my second. ' President Johnson — So we're back to the main motion which is the Resolution to place restrictions on a portion of the School Street Park property. Councilor Perry? ' Councilor Perry — Yes, thank you Mr. President. If we're looking to just do it on the town-owned property I believe the second paragraph on the resolution says `Whereas the ' 4 Agawam Sportsman Club owns certain real property with the improvements thereon known as the Agawam Sportsman's Club, 358 Corey Street as described in the deed dated June 8, 1946 to the Agawam Sportsman's Club recorded with the Hampden County Registry of Deeds Book 1827, Page 464 — do we want to remove that? i mean because it's specifying right to that property in the resolution. If we're looking to just put a ' restriction on the town-owned property? I'm just throwing that out there because it's in there. ' President Johnson—Councilor Magovern? Councilor Magovern — I think that just refers to the present owner of the property who ' you would be giving the deed restriction to. It's just strictly the property which is on the park, that has nothing to do with the property in general, it's just the ownership right now is the Sportsman's Club and that's the person that you give the deed restriction to and ' then it goes on his deed so that when he passes that deed on to Mr. Russo, that restriction is on that piece of property. It stays with the, see the DEP looks at the whole unit as one piece of property you know the School Street property, the Sportsman's Club is one unit ' so that that's what has to have the restriction. They don't differentiate the property which is being sold versus the property which is on School Street so they're just trying to close out their site because that was the cleanup site including the School Street property. I hope that makes it clearer. Whenever you deal with anything with the DEP, it's confusing. ' President Johnson — Stepping from the Chair, the item that was presented to us includes the Town of Agawam entering into a restriction agreement with the Sportsman's Club. It's attached to our item of Agenda so it's not simply that we're placing a restriction on ' our property. We're entering into an Agreement with them to place a restriction on our property and they're placing a restriction on their property. The plan that's attached shows the various areas of the town property as well as the Sportsman's Club property ' that the restriction would apply so it's not that we're solely placing a restriction on our property. It's to authorize the Mayor to enter into the Agreement that was attached to the resolution. Councilor Letellier? Councilor Letellier -- Yes I'll be brie With respect to the Councilor Bitzas' point that I 1 f. pe ' oh, it doesn't make a difference at this point, it's just — I think it does because the restriction also has to do with excavation so if somebody wants to dig out those wetlands in the future without this restriction, then there's no notice that there might be lead and ' arsenic in the wetlands because it says `the growing of fruits, vegetables and excavation' so I think this is more than just vote or don't vote. I think, to me, this is important for future owners and for future generations. ' President Johnson —Councilor Rossi? Councilor Rossi — I think that I'm back to my original point that I made the last time we met. It seems that we're back now and if we give this restriction we're pretty much giving our approval for these people to go ahead and excavate that property and i don't 5 really feel comfortable doing that. To put restrictions on our own property, I don't have any problems with that but if it's gonna be taken in one parcel even though there's two ' owners, I don't really grasp how we can do that. I mean how can the Town of Agawam, I guess if we agreed to do it I guess it can be done and they'll only agree to it if we do it, but I don't want to give permission to excavate that property. I don't feel comfortable in ' doing that. So if that's the situation then I'm gonna have to say no on the thing. I'm not gonna vote to have that. I will not give my okay to excavate that property. I'll vote not to do it on our own property but I'm not gonna give someone else permission if they want ' to excavate on that property knowing that there's contaminants there. President Johnson — Stepping from the Chair if I could by way of explanation because I ' have experience dealing with the DEP on cleanup matters. The site which encompasses part of the Sportsman's Club and part of our property at School Street Park is considered for DEP purposes one cleanup site. When someone undertakes to clean up a property at the end of the cleanup, if they submit a report, a risk assessment, that shows that the property is clean, then DEP closes the site. If there are still contaminants left on the property then in order for their to be closure of the site, in DEP's eyes, there has to be ' appropriate restrictions placed on the property to prevent public health or safety hazards. So in this particular case, what the LSP who is the Licensed Site Profession, not for DEP but for the proposed developer, he is suggesting these restrictions be placed in order to ' allow DEP to close the site. That's the purpose of it. It doesn't impede the sale or development because DEP can't control that. They can only control whether it's considered to be an open site or a closed site on their methodology. So again stepping ' from the Chair, I don't have a problem with if the Council's pleasure is to place a restriction on our property. I don't think the proper way to go about it is entering into an Agreement with the Sportsman's Club. If they want to restrict their property, let them ' restrict their property. If the Council sees fit to want to restrict the School Street Park property, that portion of it that part of the DEP cleanup area, then we should in my opinion deal with restricting only ours but I don't think it's proper to enter into an ' Agreement with them whereby we're restricting ours and they're restricting their's by way of an Agreement. That's just my, but again, it's not to put the world on record, that's not what the purpose of the deed restriction is. The deed restriction is to allow the ' DEP to close the site from being an active cleanup site to being an inactive cleanup site. Councilor Mineo? ' Councilor Mineo —To the Chair, can we amend this and not include the Sportsman Club or are you saying that both, you have to do both together here? ' President Johnson — No, the Sportsman's Club can do the restriction without us. This only deals with the town property. The town property— so we don't need to— ' President Johnson - My recommendation would be that we amend the resolution to indicate that we're going to place that restriction on the town property and the end of the resolution says `we authorize the Mayor to execute any and all documents necessary to 6 effectuate the placing of the restriction on this site' and I think it's you know, and then what was attached to our resolution was the Restriction Agreement between the Town and the Sportsman's Club. I think if we amend to indicate that we're going to place this restriction on the School Street Park property and that we authorize the Mayor to execute documents necessary to effectuate the placing of the restriction only on the town property t then we've done our part. If the Sportsman's Club in the sale wants to restrict their property, they're free to do which from what the Mayor told me this morning during our Agenda review, they're going to do anyways. ' Councilor Mineo — Okay. Thank you. You answered my question. That's what I thought. ' Councilor Bitzas — Mr. President? Can you write us the amendment to have it and I second it. I totally agree. What we're doing now, we make a statement because nothing would prevent the builder who builds on his property is clean but we have to be in the record that our part of that area and close to the park which is we own even if it's wetland, even if nobody goes to there by law to plant anything officially is restricted for ' anybody to go there and plant so I second the motion, if there's a motion to amend it. President Johnson —Well the, looking at it quickly, the only way that I could see would be to change in the Therefore which is the operative language anyways which says `Now the Agawam City Council hereby resolves to place the following restriction upon the site'; change `site' to `upon the affected portion of School Street Park that growing ' vegetables or fruit and excavation should not be allowed without addressing the health hazards associated with residual contaminants and volatile organic compounds and ' further to authorize the Mayor to execute any and all documents necessary to effectuate the placing of the restriction on the affected portion of School Street Park only'. But this is what's being proposed as far as the restriction, the actual language in Mr. Fish's letter ' he characterizes it but this is what the LSP is proposing as the restriction — the language that's in our resolution — to growing vegetables or fruit and the excavation into the ground shall not be allowed without addressing the health hazards associated with residual contaminants. I mean the Whereas's are not operative parts of the resolution only the Now Therefore is and if we wanted to on the last Whereas, we could say `it's in the best interest of the Town of Agawam to place restrictions on the affected portions of ' the School Street property' and then take out `jointly with the owners of the Sportsman's Club'. ' Councilor Letellier—Point of Order? President Johnson—Councilor Letellier? ' Councilor Letellier--Clearly this is more than a ten word amendment so we really need to see it in writing before we're gonna vote on it and if we want to do a recess, fine, but I would be opposed to the amendment because right now we have a developer who is agreeing to sign an agreement that protects the future. Nothing, if we amend this tonight, he can say well you know the. Council didn't approve the agreement; I'm under no 7 oneness to put that amendment in place. It's not that I don't believe Mr. Russo or I doubt his word, but we have a developer who's saying yup, I'll agree to the same restriction that ' you the town will. So why would we want to delete that? I want to see the amendment because it's more than ten words in writing and I'm gonna be opposed to it anyway but I still would want to see what I'm being opposed to. Thank you. ' President Johnson — I don't feel the need to call a recess so I'll withdraw my amendment and we'll let it go as it stands. Councilor Magovern? ' Councilor Magovern — I just, I don't think they'll be a problem with the developer. If you're withdrawing your Motion for an Amendment, I really,this was drawn up by Vince ' Gioscia, our town attorney, and I think that the language would probably suffice however you want to interpret it. So I move the question then we can vote on it the way that it stands. Councilor Rossi —Mr. President? Just one question? ' President Johnson— Councilor Rossi? Councilor Rossi — Thank you. The question that I have is that this includes the excavation of the property and not only the growing of vegetables. So if the owner or the developer is gonna buy it from the Sportsman's Club and is willing to put that restriction on, how does he plan on excavating that property to put up condominiums if he's gonna ' agree to this non-excavation clause? President Johnson -- That's, if the restriction is placed on the Sportsman's Club then he has to address the health hazards associated with residual contaminants. When he does. President Johnson — Yes and again, the restriction benefits the developer because it ' allows the site to go from being open to close on DEP's records. That's why the developer wants it. That's why in Ben Fish's letter he indicated that it was the developer that wants the deed restriction, not DEP. Back to the resolution, hearing no further ' discussion, I'd ask our assistant to call the roll, please? ROLL CALL — 4 YES (Councilors Bitzas, Calabrese, Letellier and Magovern), 5 NO (Councilors Johnson, Mineo, Perry, Rheault and Rossi), 1 ABSENT (Councilor Cavallo), 1 ABSTENTION (Councilor Cichetti) President Johnson—With a vote of four yes, five no, one absent and one abstention, the resolution has failed. ' 2. TR-2012- 5 - A Resolution confirming the re-appointment of William Euliano Jr.,38 High Meadow Road,Feeding Hills,MA to the Agawam Board of Health for a term expiring the first Monday in February,2013 (Mayor) President Johnson — Is there a motion? ' Councilor Mineo — Point of Information? I spoke with Mr. Euliano today. He couldn't be with us tonight because he had a family commitment. He wanted to thank everybody ' who has supported him in the past and he would hope that you would support him tonight and appoint him. He would like to continue to serve the residents of Agawam on the Board of Health. Thank you. President Johnson— Is there a Motion? Councilor Rheault—Move to confirm the appointment. President Johnson — Moved by Councilor Rheault, seconded by Councilor Letellier. ' Discussion? Hearing none, I'd ask the assistant to call the roll, please. ROLL CALL—10 YES, 1 ABSENT (Councilor Cavallo) ' President Johnson — With a vote of ten yes and one absent, we've confirmed the re- appointment of Mr. Euliano to the Board of Health and with it, a debt of gratitude and ' thanks for willingness to continue to serve. 3. TR-2012-6 -A Resolution confirming the re-appointment of Richard ' Bennett,29 Willowbrook Drive,Agawam,MA to the Historical Commission for a term expiring January 1,2014 (Mayor) ' President Johnson —Is there a motion? Councilor Letellier— So moved. President Johnson — Moved by Councilor Letellier, seconded by Councilor Cichetti. Any discussion? Hearing none, I'd ask the assistant to call the roll please. ROLL CALL —10 YES, 1 ABSENT (Councilor Cavallo) President Johnson — With a vote of ten yes and one absent, we've confirmed the re- appointment and again our thanks to Mr. Bennett for his willingness to continue to serve. NItem 7. Report of Council Committees None. Item 8. Elections ' None. 1 9 Item 9. Public Hearings ' None. Item 10. Old Business 1. TO-2012-9 -Transfer of S5,000.00 from Line Items--Reserve Fund (#16605-57300)to Clerk Regular Temporary (411611-51020) (Referred to 1 Finance Committee) (Mayor) President Johnson — Is there a Motion to Approve? Moved by Councilor Rheault, ' seconded by Councilor Bitzas. The matter was referred to the Finance Committee. Councilor Mineo? Councilor Mineo -- We met tonight, the members were Councilor Rheault and Calabrese. Councilor Rossi and Councilor Magovern was also in attendance. We approved this 3-0. Very simple. Mr. Theroux did not put this in his budget that there was going to be a primary. He didn't think there would be one. He does not have any money left in his budget so that's why we are getting this transfer. President Johnson --- Any further discussion on the item? Hearing none, I'd ask the assistant to call the roll please. ROLL CALL —10 YES, 1 ABSENT (Councilor CavaIlo) President Johnson—With a vote of ten yes and one absent, we've approved the transfer. ' 2. TO-2012-10 -An Order Granting or Renewing a LICENSE for a CLASS I or II Dealer(s)—Paul J.LaPointe d/b/a The Car Connection, 820 Springfield Street,Feeding Hills„MA. 01030(Referred to License Committee) (Clerk) ' President Johnson — Is there a Motion to Approve the Order? Moved by Councilor Rossi, seconded by Councilor Cichetti. It was referred to the License Committee. Councilor Rossi? Councilor Rossi — Thank you. The License Committee met this evening and unanimously agreed to send a positive recommendation to the Full Council for approval. President Johnson — Any further discussion on the item? Hearing none, I'd ask the assistant to call the roll please. ROLL CALL— 10 YES, 1 ABSENT (Councilor Cavallo) ' President Johnson — With a vote of ten yes and one absent, we've approved the renewing of the Class II Dealer's License. 10 ' Item IL New Business ' 1. TR-2012-7 -A Resolution Confirming the Reappointment of David Cecchi,29 Albert Street,Agawam,MA to the Historical Commission to a Term Expiring January 1,2014 (Mayor) President Johnson —That will go on to our next Agenda. 2. TR-2012-8 -A Resolution Amending the Rules and Regulations of the Agawam City Council and Abolishing all Existing Ad Hoc Sub-Committees (Councilors Johnson and Perry) President Johnson —That'll get referred to our Rules Committee and next Agenda. 3. TO-2012-11 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Joseph A. & Mary Ann Czerpak,636 South Westfield Street, Feeding Hills,MA. President Johnson —That will be referred to our Sewer Sub-Committee, next Agenda. ' Item 1Z Any other matter that may legally come before the City Council. President Johnson — Given that I'm at that age and I forget which end I started at last time but since Councilor Letellier's here for the first time this evening, we get to start with her. Councilor Letellier — (off microphone) Sorry! Good God! My microphone's not on. Okay, one thank you for all the get well wishes. Two, with regard to the new rules I think that with only four committees, there's gonna be a lot of work on the committee and I'd like to see the committees have a Chair and a Vice Chair perhaps, something to think about so we don't have to do all of this in the open next week and I also indicated I ' would like a different name for the Internal/External Committee. I think perhaps Community and Administrations would be a possibility. I don't want us to waste too much time doing this so thank you very much. President Johnson --Councilor Rossi? Councilor Rossi — Yes, just briefly. I was approached by a couple of residents in the community and what I would like to do is make a referral to the Public Safety Committee, I guess we have one? I didn't really have a chance to sit down and talk to ' you cuz I just got this and what it is basically is a resident or some residents on Family Lane down here would like to see a mirror put onto the intersection of Family Lane and Cooper Street. They have told me that they have gone to the DPW garage and DPW staff, someone there, told them that it would be very costly to do that and pretty much rejected it but I do think it's worth some merit. I think it's worth some investigation to determine if, in fact, there is a hazard that exists there. I don't think it should be passed ' it off simply because someone says it may be too expensive. So maybe if you would I would make a recommendation and would be very pleased if you would take that up with your committee and the other one was to put some kind of parking signs, speed restriction signs on Moore Street. Several residents have been complaining about the high speeds on Moore Street and maybe they can take a look at that to see if it's worthwhile putting some kind of speed restrictions, parking, on streets whether or not that might be worthwhile. So I would recommend that to your committee if I can, Councilor Cichetti? I appreciate it. ' President Johnson —Councilor Mineo? Councilor Mineo — Just Gina, welcome back, glad to have you and I'm glad you're feeling better. ' President Johnson —Councilor Magovern? Councilor Magovern — Again, Councilor Letellier, it's nice to have you back with us again this evening and I just wanted to remind everybody that I had asked for some reporting back from the Public Works about the investigation of putting propane gas on some of our trucks because especially with what we're hearing about the crisis with the oil, I think by using propane gas on our trucks, I think it would not only save money because some of these trucks are more efficient on propane, it would also cut down on ' the usage of oil and gas. President Johnson— Councilor Rheault? Councilor Rheault— Yes, welcome back Gina and to Barbara, would you set up a Rules and Regs meeting for probably Monday night if it's available or soon thereafter? Okay, ' thank you. President Johnson —Councilor Bitzas? Councilor Bitzas — Yes, I would like to welcome Gina again and of course we missed you and the Rotary Club missed you and welcome back and nothing else this evening. Thank you. President Johnson —Councilor Calabrese? ' Councilor Calabrese — Thank you. I have a couple things. So good to see you back, Gina. Congratulations to the Agawam High Robotics team for their second place finish ' in their first competition of the season against thirty five other schools throughout New England so well done Rosie Robotics and I too have a Public Safety issue. On late, I don't know if it was fate Saturday night or Sunday morning, someone had broken a lot of ' plastic tubing up at the High School, up at the parking lot and it's on the side of the building where the band room is and where the shop is and I guess they have some surveillance cameras up there but they don't have one and it's sort of a blind spot. And I ' 12 was wondering if we could look at possibly adding or maybe broadening the scope of the surveillance in that area because when the Rosie kids showed up Sunday morning to ' work on their robot they were greeted with a parking lot full of broken glass and they ended up spending like two hours sweeping it up and cleaning it up themselves cuz they felt like they were the first ones there and so they took it upon themselves to do that ' which I really commended them for and that's about it. Thank you. President Johnson—Councilor Cichetti? ' Councilor Cichetti — Thank you. Gina, welcome back. Barb, would you please set up a meeting for these Public Safety concerns? Thank you. ' President Johnson —Councilor Perry? Councilor Perry — Yeah, just one thing. I wanted to say welcome back Gina. It's good to see you. Thanks. ' President Johnson — Just quickly at the end, we're starting to get in the applications from some of the affected property owners regarding the sewer betterment so there's at least one that came in after the Agenda closed so we'll get that information out to ' Councilor Rossi. I understand you've already set a meeting for next Wednesday so hopefully you can discuss both of those. It took a little bit of digging because the last set of sewer betterments the town did was in the 80's. So trying to figure out the format but ' we're the body that passed the betterments so we're the body that deals with the abatements and redetermination so I expect that they'll be more to come. So I've also during the Agenda meeting this morning talked with the City Solicitor and asked for a little bit of research regarding how the determinations were made because it's — our Ordinance is pretty specific and we want to make sure that and I assume the DPW and Tighe & Bond were the ones that came up with the potential units and we want to make sure that they fit with our Ordinance because if the town's gonna continue doing sewer expansion, we're gonna be dealing with these issues over and over every time new ' betterments are passed. The other item that I have is obviously welcome back Gina but I'm gonna work with the Council Administrative Assistant, at this point when we do things like the Order granting the renewal of the Class 11 license, we don't have anything to sign relative to the fact that it was passed. So I want to come up with a cover sheet that when the licenses come down into the Council Office from the Clerk's Office, we have like a cover sheet similar to the one I did for the sewer betterment assessment that just indicates what exactly we are voting on. The purpose of it is that in the future if someone wants to look back, it's a clearer record that we actually took a vote and what we voted on. I would point out just for Council information, when you look at some of the applications that they fill out for Class 11's, they answer a lot of the questions wrong just because in defense of the people, they don't understand the questions on the state application so it would be clearer in my humble opinion that we just come up and have ' something that says this is what we voted on. It's what the License Committee recommends to us anyways but at least at that point, we've got a paper document with the President's signature on it and theoretically the signature of the Solicitor indicating that's 13 ' what happened. With that, the Chair would entertain a Motion to Adjourn. Motions made are across the house and seconded, all those in favor say Ay? Opposed? We're adjourned. Thank you all. Adjournment. 1 1 1 ' 14