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CC MTG MINUTES JUNE 4 2012 REGULAR MEETING OF THE AGAWAM CITY COUNCIL ' Minutes dated June 4, 2012 President Johnson —I'd call the meeting to order and ask Barbara to call the roil please? ' Item 1. Roll Call ROLL CALL — 11 PRESENT, 0 ABSENT President Johnson.—With eleven present, we have a quorum. Item Z Moment of Silence and the Pled e o Alle iance. 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—We have no citizens that have signed up for Citizen's Speak Time. Item 4. Minutes 1. Regular Council Meeting—May 21,2012 President Johnson — Is there a Motion to Approve? Moved by Councilor Rheault, seconded by Councilor Cichetti. Any discussion? Seeing none, all those in favor say Ay? Please note Councilors Calabrese's and Letellier's abstention, otherwise voice unanimous on approval of the May 21, 2012 minutes. Item 5. Declaration from Council President None. Item 6. Presentation o Petitions Memorials & Remonstrances I. TR-2012-27 -A Resolution Authorizing the Adoption of Orders of Taking ' for the Phase 11 Southwest Area Sewer Extension Project under the Authority of Section 14 of Chapter 40,Chapter 79 and Chapter 84 of Massachusetts General Laws(Tabled 5/21/12) (Referred to Administrative Committee) (Mayor) President Johnson — I believe the Admin Committee wishes to have it remain on the table? Councilor Rossi —That's correct, Mr. President. r l r President Johnson — So I will take that as a Motion by Councilor Rossi to leave the item on the table. Was there a second? Seconded by Councilors Magovern and Perry. All those in favor of leaving the item an the table say Ay? Any opposed? It's unanimous and remains on the table. ' 2. TR-2012-30 -A Resolution Requesting the Commonwealth of Massachusetts' Legislators Support the Immediate Passage of the Chapter 90 Bond Legislation (Councilor Bitzas) President Johnson — Is there a Motion to Approve? Moved by Councilor Cavallo, seconded by Councilor Bitzas. Questions or discussion? Seeing none, all those in favor say Ay? Any opposed? We've unanimously passed the Resolution. For the public's edification, it's supporting the Commonwealth releasing our highway improvement 1 money so we can work on our roads. Item 7. Report of Council Committees ' None. ' Item 8. Elections None. Item 9. Public Hearings 1. PH-2012-1 - (TR-2012-23)A Resolution Adopting the Fiscal Year 2013- 2017 Capital Improvement Program (Referred to Finance Committee) (Mayor) President Johnson —The Chair would open the Public Hearing and ask if there were any members here present who wish to speak in favor of the Capital Improvement Program. Seeing none, any wishing to being recorded in name only in favor of the Capital Improvement Program? Seeing none, anyone wishing to speak against the Capital Improvement Program? Anyone wishing to be recorded in name only opposing the Capital Improvement Program? Seeing no one, the Chair will close the Public Hearing. We have the item on our Agenda, TR-2012-23 - A Resolution Adopting the Fiscal Year 2013- 2017 Capital Improvement Program, is there a Motion to Approve? Moved by Councilor Bitzas, seconded by Councilor Letellier. Questions or discussion? I think the Finance Committee, it was referred to the Finance Committee, is there a report? Councilor Mineo? Councilor Mineo — Okay, I will give the report. The Finance Committee met on this on 5115, myself, Don Rheault, Gina Letellier and CeCe Calabrese were present for that meeting. Councilor Rossi was also there, the Auditor Cheryl St. John was there, Laurel Placzek was there and Chris Golba. There were some questions that we had and they were sent to the Mayor and they were answered. We also met again on 6/4 which is tonight and everybody from the Committee — myself, Gina, Don, Bob Magovern and CeCe were there, Cheryl St. John came to answer some of the questions that we had. The questions were answered for tonight, I mean there 1 2 were some questions that we'd like to ask Laurel Placzek afterwards which has to do with Tuckahoe Turf Farm —there's $125,000.00 between this year and next year that is owed on that 1 bond and there's $213,000.00 that's left that's in an account for what is that Gina? Councilor Letellier—It's on Page 28, it's listed as "Payment towards debt service" but the rental income exceeds what we currently owe. Councilor Mineo — Right so we think it just makes sense that we pay the bond off so I mean that's basically what we talked about tonight. We did vote, we did take a vote on this and we ' voted 5-0 that we are in favor of the Plan. The Plan is acceptable but the budget for this, what we want to do because it's only a wish list, we want to take this one item at a time. Every item that's on the Capital Improvement Budget is gonna come before the Council so we're gonna have to vote on this anyways so what we're saying is, what the committee's saying is we're in favor of the Plan but we want to wait and whatever item comes before the Council, we'll vote it one at a time so if there's something that the Council is not in favor of voting on this Fiscal Year, then we ' will just vote against it and again it's just a wish list. That's all this is and that's my report and that's how we, that's how the committee came up with this. President Johnson —Any other discussion Councilor Perry? Councilor Perry — Yes, thank you, Mr. President so through the Chair to Councilor Mineo, your committee accepted the Plan in concept as presented and I understand what you're saying in regards to anything that's in this Plan doesn't automatically mean it's going to take place. Every item still has to come before the Council, the funding has to ' be approved and in theory, it looks good but you never know what may happen. We still have the October storm that we're waiting to see if any type of reimbursement's gonna come. If that doesn't come as anticipated, a Iot of this stuff is gonna go by the wayside ' so — Councilor Mineo — And that's exactly why we voted the way we did because we can't foresee the future so we'll wait, when it's presented to us at that time, if we do having the funding to do that then it will be up to the Council, again, if we don't have the funding, it's not being done. Councilor Perry—Okay, thank you. President Johnson —Councilor Bitzas? Councilor Bitzas — This is the first time this Council acts the way the committee recommends to us, if it's a wish list I mean we have to pass it or reject it right now that we have in front to us so I don't see any problem— Councilor Mineo — We're in favor of it. Councilor Bitzas—Let's vote in favor of it then, thank you. Councilor Letellier — Point of clarification. I think that through the Chair, Councilor Mineo as Chair, we did not vote to recommend passage of the Capital Improvement 3 Budget, correct? We voted, so I think in terms of Councilor Bitzas, he's right, in terms of the Resolution itself, we need to make a recommendation as to whether we're supporting ' passage of the Resolution or denial of the Resolution. I think that's the point Councilor Bitzas is making. There are years when we have voted no on the Capital Improvement Budget and when I was Council President I had called DOR and it really wasn't an issue. Laurel Placzek is saying it's an issue because when she goes out to bond, it's better to have a plan that she can show the Bonding Company but we don't have to pass it. President Johnson — If I could provide clarification, as Councilor Letellier just pointed out, the only significant place it makes a difference to the town is relative to when it goes into the bonding market because the rating agencies like to see that the town has, and this ' is a plan, it's not a budget, it's a plan of proposed future Capital Improvement projects so because the rating agencies like to see what the projected costs of future projects will be but it's only a plan. It's not, and I think I don't want to read more of what Councilor Mineo said into the Committee, I think the Committee is saying that they like the projects that are in there but the Council has to approve them one by one when they come before us for funding authorization. Councilor Mineo —And that's correct. Councilor Bitzas —Move the question. President Johnson —I was gonna step from the Chair to make a quick comment. ' Councilor Bitzas —Go ahead, I withdraw. President Johnson — I support the Plan. I have one significant reservation and that's relative to the timing of some of the projects that are gonna be funded by the Sewer Enterprise Fund because if you look at the Plan, it calls for almost $15million of ' expansion projects in the five years of the Plan, causing our current principal and interest under the current budget we're operating under, is $544,000 and according to the Plan, at the end of the five years it's up to $2.2million so it doesn't mean that I'm not in favor of the projects, my question is can the rate, the sewer rate, which was increased by 30% last year absorb these potential increases as quickly as they're being proposed in the Plan? I brought that to the Mayor's attention in my conversation with him at the Agenda meeting ' this morning and his response was it's a Plan, obviously the timing of it is gonna be subject to Council approval relative to bond costs, but like I said, there's two phases of sewer expansion on there totaling almost $15million which would cause again our principal and interest payments to quadruple and that, by agreement with the Mayor, we both agreed that that was gonna cause if you were to just strictly fund those off the sewer rate, it's gonna cause thetas to more than double over what it currently is now. So timing- wise, there may be adjustments that need to be made. Back into the Chair. ' Councilor Bitzas--- Mr. President? President Johnson — Yes? 4 i 1 Councilor Bitzas —I agree with you and this is a Plan and we vote for a Plan. We're not voting to appropriate any monies today, any taxpayers' money at all so if we act today to approve the Plan, the time will come to appropriate the money come front to us, then we can vote yes or no so actually we should pass this as every year we do that—my opinion. President Johnson —Councilor Letellier and then Councilor Mineo. Councilor Letellier — Thank you. When we were at the Finance Committee meeting, I brought to the attention of Laurel and Cheryl that on Page 3 of the Capital Improvement Budget, the Mayor's summary here, it says under Paragraph 4a, during the next five years, the Town should: (a) limit General Fund principal and interest payments to approximately $lmillion per year. But yet, when you look at Page 31, General Fund projected total bond costs — we're looking at next year going up to $2.2million which I believe is what Council President said and when I brought this, Cheryl and Laurel said they'd bring this to the attention of the Mayor and we basically got a Memo saying Oh, I made a mistake, like there really was not a whole lot of clarification about how on Page 3, paragraph 4 it says we should cap this at one million when none of these figures are remotely close to one million. We're looking at 1.9; 2.2; 1.9; 1.7; 1.6 so I really would have like a little further explanation as to why on Page 4 it says cap at one million when we haven't been near one million dollars in a Capita] Improvement budget for years. That being said, and I know that Department Heads put a lot of work into these Capital Improvement Programs but I also think that there are some things that aren't perhaps as realistic and I think we have to look at being realistic and not just a wish list but how realistic is that wish list so my vote tonight would be not to pass the Program, not to denigrate the work done by the Department Heads but because I don't think, I think it's ' not very realistic to be able to even plan that far ahead with things like the October snow storm, with things like the unpredictability of future and current state and federal aid so I think, I know that Laurel needs these kinds of plans and I think it's good to make the town talk about these kinds of plans but I don't think it's realistic for us to be able to plan that far in the future so I'm going to be voting no. Thank you. ' President Johnson — Councilor Mineo, did you want to — no. Any further discussion? Seeing none, if you're in favor of the Plan, then vote yes. If you're opposed, vote no. I'd ask Barbara to call the roll please. ' ROLL CALL— 10 YES 1 NO Councilor Letellier ' President Johnson — With a vote of ten yes and one no, we've passed the Capital Improvement Program. {2. PH-2012-2 - (TR-2012-29)A Resolution Adopting the Fiscal Year 2013 Annual Operating Budget for the Town ofAgawarn (Public Hearing Date Set for June 18, 2012) (Mayor)) ' President Johnson — The Mayor plans to attend and make the presentation to the Y P Council. 5 ' Item 10. Old Business ' 1. TO-2012-12 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Ralph DePalma for the Property Located at Rear 683 South Westfield Street,Feeding Hills, MA. (Tabled 5/21/12) (Referred to Administrative Committee) President Johnson —Councilor Rossi? Councilor Rossi—I o make a Motion to remain on the Table. President Johnson — I have a Motion to keep the item on the table, is there a second? Seconded by Councilor Perry. All those of keeping the item on the table, say Ay? Opposed? The item is remaining on the table. 2. TO-2012-13 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Giuseppe Tirone and Ralph DePalma for the Property Located at 497 South Westfield Street,Feeding Hills,MA. (Tabled 5/21/12) (Referred to Administrative Committee) President Johnson —Councilor Rossi? Councilor Rossi--I make a Motion to keep it on the Table. President Johnson — I have a Motion made by Councilor Rossi and seconded by ' Councilor Perry. Any discussion? All those in favor of leaving it on the Table, say Ay? Any opposed? The item remains on the table. 3. TO-2012-16 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Thomas S. and Paul J.Napolitan for the Property Located at South Westfield Street,Feeding Hills,MA. (Tabled 5/21/12) (Referred to Administrative Committee) President Johnson—Councilor Rossi? Councilor Rossi--I make a Motion to take it off the Table? President Johnson — We have a Motion to remove, made by Councilor Rossi, seconded by Councilors ferry and Magovern, all those in favor of taking the item off the table, say ' Ay? Opposed? The item is off the table. Do we have a Motion relative to TO-2012-16? Councilor Rossi--Yes, thank you Mr. President, the Administrative Committee— ' President Johnson —Excuse me we just need to move the item itself. 6 Councilor Rossi—So moved, I thought he moved it. ' President Johnson— Sorry, Bob, moved by Councilor Calabrese, seconded by Councilor Perry. Councilor Rossi? Councilor Rossi — Okay, thank you. The Administrative Committee met and after careful consideration and review, the committee had made a unanimous agreement to deny the application for abatement and redetermination. This property, E4-2-6, was part ' of a parcel with E4-2-7 which will be discussed on the next Agenda item were combined as two parcels and assessed as two parcels. There's not enough for two conforming lots over there and the applicant has already paid for the two parcels. So the item TO-2012- ' 16 will be denied and the assessment paid will stand. That's the Motion to the— President Johnson — So the recommendation of the Administrative Sub-Committee is to deny the application for TO-2012-16. Councilor Rossi—That's correct. President Johnson — Questions or discussion? So if you intend to follow the recommendation of the Administration Sub-Committee should be no. If you want to ' grant the application for abatement, then you should vote yes. I would ask Barbara to call the roll please? ROLL CALL—0 YES, ll NO President Johnson — With zero no and eleven no, we've denied the abatement application relative to the property on South Westfield Street. 4. TO-2012-17 -An Order Granting an Application for Abatement, Redetermination,Extension or Deferral of Sewer Betterment Assessment Requested by Thomas S.and Paul J.Napolitan for the Property Located at South Westfield Street,Feeding Hills, MA.(Tabled 5/21/12) (Referred to Administrative Committee) President Johnson — It's the parcel immediately next door. The item is on the table. Is ' there a Motion to remove? Motion made by Councilor Rossi, seconded by Councilor Rheault. All those in favor of taking it off the table say Ay? Opposed? The item is off the table. The Chair will entertain a Motion relative to TO-2012-17, moved by Councilor t Calabrese, seconded by Councilor Letellier. Councilor Rossi — a report of the sub- committee please? ' Councilor Rossi -- Yes, the sub-committee got together and after careful review and consideration that the item TO-2012-17 for the property located on South Westfield Street, feeding Hills, MA should be granted because the person, the applicant had paid ' for this. I guess it would be a reimbursement that would be in order but the recommendation is to be granted. 7 1 President Johnson — Questions or discussion? Just by way of public information, these are two side by side 100 foot lots that were set up on a plan about forty years ago when zoning allowed 100 foot lots. Now the minimum zoning requires a frontage of 110feet so they've essentially merged into one lot so what the Council would be doing would be assessing one sewer betterment assessment for what is now legally one lot. I just wanted to give clarification. So if you're in favor of the Admin Committee's recommendation, vote yes. If you're opposed, vote no. Are there questions? Seeing none, I'd ask Barbara to call the roll please. ROLL CALL— 11 YES, 0 NO President Johnson — With a vote of eleven yes and zero no, we've approved the application for abatement for the lot on South Westfield Street owned by Thomas S. and Paul J. Napolitan. 5. TO-2012-23 -Transfer of$540.02 from Council Professional Services- #11112-52190 to Council Regular Permanent Salaries- 411111-51010 (Council) President Johnson — Is there a Motion to Approve? Moved by Councilor Magovern, seconded by Councilor Letellier and many others. Questions or discussion on the transfer? Seeing none, I'd ask Barbara to call the roll please? ' ROLL CALL— 11 YES, 0 NO President Johnson —With a vote of eleven yes and zero no, we've approved the transfer. Item 11. New Business ' 1. TR-2012-31 -A Resolution Authorizing the Reservation and Appropriation of Funds from the Community Preservation Fund (CPA) ' President Johnson — I don't know that that needs to go to Finance because it's really straight-forward. It's just the reauthorization of existing balances so that'll go on to our next Agenda. 2. TR-2012-32 -A Resolution Accepting a Gift from Mario Tedeschi and Sam Hajrizi pursuant to Massachusetts General Laws Chapter 44, Section 53A1/z for the Agawam Municipal Golf Course (Mayor) President Johnson—That will also go on to our next Agenda. ' 3. TR-2012-33 -A Resolution Requesting the Expenditure of Funds for Land Taking and Easements for Phase 11 of the Southwest Sewer Extension ' Project(Councilor Rossi) 8 President Johnson—Councilor Rossi do you want that to your committee or—well we'll just put it on to our next Agenda and if you happen to have a meeting in the interim, you can discuss that as well. I think it just goes with the other item that's on our Agenda now. ' 4. TR-2412-34 -A Resolution Requesting the Agawam City Council Petition for the Enactment of Special Municipal Legislation Changing the Term of Office of the Mayor, City Council and School Committee from Two Years to Four Years (Community Relations Committee) President Johnson — So it will go to our next Agenda since the Committee's already had their poke at it. 5. TR-2012-35 - A Resolution Authorizing the Mayor to Enter into a Lease Agreement for Use of the Tuckahoe Turf Farm Property Located in the Feeding Hills Section of Agawam, MA by Joseph Calabrese (Mayor) President Johnson —That'll go on to our Next Agenda. -Item 12. Any other matter that may legoally come before the City Council. President Johnson —I'll start with Councilor Letellier tonight. ' Councilor Letellier — Thank you. I was out of town for Memorial Day weekend and I went to the parade in another town and I must tell you it was actually a city, a very large city, and it wasn't nearly as large as our parade. It wasn't nearly as nice as our parade but ' they did have one feature that I liked and that is every person marching in the parade held a placard with the name of one of the deceased veterans from that community and I really liked that idea and I happened to see Frank Mazzei and I mentioned it to him. So I'll 1 bring it up to Aldo Mancini who I guess is Chair of the Veterans' Council now but I thought it added a real personal touch to the parade. I also went to the St. David's Veterans dinner tonight which was a nice event — not very well attended unfortunately — ' but it was a nice event. And then lastly, and I don't even know if we should bring this up, but my thoughts go to the Springfield Police Department and family of the officer involved in today's tragic, tragic incident. Thank you. President Johnson—Thank you Councilor Letellier. Councilor Rossi? Councilor Rossi—Nothing this evening. President Johnson —Councilor Mineo? Councilor Mineo—Nothing tonight. ' Councilor Letellier—May I add one more thing? President Johnson— Sure. 9 Councilor Letellier — I'm sorry. I also want to congratulate and I'm sure Councilor Rossi and Councilor Mineo and whoever else was there seconds my congratulations, the Agawam Relay for Life Committee did a wonderful job on their first event. I've gotten three different figures for the amounts raised - $36,000, $38,000 and $41,000 —whatever it was for a first time event with five months of planning, it was amazing and I'm really looking forward to participating again next year as I'm sure we all are. Thank you. ' President Johnson—Councilor Rossi? Councilor Rossi — Yea,just on that note, I just got word that I believe that our team got the Bronze on that for that fundraiser so I'm very happy about that and I'd like to thank the family for all the work that they did on that. ' President Johnson —Councilor Magovern? Councilor Magovern — I just like to again second that about the Relay for Life. I was there and I thought it was a wonderful event and Team Rossi stood out. I mean I like their psychedelic shirts. I thought they were wonderful and again Bob thank you for all your events given the tragedies you've gone through, I think to give something back to the community is wonderful and on a better note, our Memorial Day celebrations, I thought were great. The veterans did a wonderful job. It's one of my pride events of all year. I really enjoy Memorial Day. It brings me back to when I was a student at Phelps ' School and used to pedal up and down with our bike all colored up with colored paper and popsicle sticks so Memorial Day has always been a fond memory of what Agawam's all about so again thank you for keeping it going and thank you for the wonderful participation. President Johnson —Councilor Rheault? Councilor Rhcault—Nothing this evening. ' President Johnson —Councilor Perry? Councilor Perry—Nothing this evening, thank you. President Johnson —Councilor Cichetti? tCouncilor Cichetti—Nothing this evening, thank you. President Johnson—Councilor Calabrese? Councilor Calabrese—I've nothing this evening. President Johnson—Councilor Bitzas? 10 ' Councilor Bitzas —I have to say something. IPresident Johnson— We were on a roll. Councilor Bitzas — Okay, just want to thank you for that support of that resolution, the Chapter 11 Bond, I think the President clarified for the people. ...said once before that all politics are local and this Council here, we're very proactive, we did a lot before and I believe they listened to us and I hope they release the $200 million and don't tie with ' S1.3billion for all the other projects so I hope we have the money to finish the roads otherwise next year it's going to cost a lot more money and the other note is the Memorial Day Parade, I parade with some of you and it was very, very nice, well attended and the weather was good—a little hot--but great. Okay, thank you. President Johnson—Councilor Cavallo? Councilor Cavallo — Yeah, I'd like to, I was out of town also, Gina and Council and I went to Council and I went to a Memorial Day celebration and they didn't have us hold a placard instead after the Fire Chief there sang the National Anthem —he has a great voice — it was in Needham. It wasn't big, probably 150 people, but they asked each person to name a relative that was in a war. My father married very late in life and my father was a veteran of World War I and I was the only World War I person there and it was really quite an honor to, well, yes he had his children late. The other thing I wanted to mention is and I think something Joe Mineo said in his report and something I think we've got to ' keep in mind. Back to the October 31 storm and I don't know how the bill is being paid, I think maybe it's being paid with the receipts coming in and paying the bills. Obviously those people had to be paid and when the budget's presented in two weeks, maybe we ' should allude to this and ask the Mayor how is this being paid, number one, if we're paying it then, we don't know how much Obama and MEMA are gonna give us for the reimbursement say 75% from the Federal government, 25% from the state, but we're not sure of the receipts. Now Longmeadow was more proactive as you probably know, they had about $6 million or I think $S - $9 million of damage and they bonded rather than wait for the money, they bonded for a payment plan that they're into to take care of the storm, the cost for the storm so I mean really, this is really something I think that's very serious because we're talking S4 or$5 million, it's gotta come from somewhere. It's nice to pay your bills as your money comes in, if that's how it's being done because those people had to get paid, but you've gotta replace it in some way. So I go along with you Joe, I think we've gotta be very careful on what we're spending our money on,just like ' we voted tonight and you said, hey we don't have to vote for these, we'll see what it looks like, we can't look into the future and we don't know in December what the tax factor's gonna be. I think it's incumbent upon all of us to really look at this budget and ' say hey, we already had a tax hike and people had their assessments increased. Are you gonna go and nail them again? There are people in this town that are on fixed incomes that are not doing well. Just one more point I want to make, I mentioned this to my wife ' the other day, we went in to buy some Ivory bar soap, it used to be big bars, now they're little bars of soap. I know it sounds ridiculous but it's the same price! You buy potato chips, it's the same bag — the half gallon of ice cream that Friendly's sell, everybody 11 thinks they're buying a half gallon—they're not buying a half gallon. But they're paying big bucks. I think this is what the public wants us to look at and I think it behooves us ' that when we get to that budget that we really ask these kinds of questions and say what is gonna happen in December, that's the bottom line. Thank you. 1 President Johnson — With the Council's permission, I'll ask the Mayor to include in his budget presentation information regarding the October clean-up costs and what the status of any reimbursements from the federal and state government are and how those costs, whether they're just being added to the tax base, because that's the way emergency appropriations would work, that they automatically get added to next year's tax bills so we've gotta figure out how exactly they're dealing with it. Councilor Letellier — Point of information. We actually received most of that information at the Capital Improvement budget meeting, I don't know who took the notes ' —CeCe did you take the notes for that? Councilor Calabrese—I need to take those up, yes, Gina, I actually do have the notes for that because as Paul was talking I said to myself, I've got that information, I just need to get it in a legible form. Councilor Letellier — Yeah, because Chris Golba gave us quite a lot of detail and he went into detail about the detail that it takes to get the reimbursement so I know we have, so it would be helpful for the Council to have those minutes as well. ' Councilor Calabrese —Absolutely. Councilor Letellier—Okay, thanks. President Johnson — With that, the Chair will entertain a Motion to Adjourn, moved by Councilor Magovern and many others, seconded by Councilor Perry. All those in favor of adjournment, say Ay? Opposed? We are adjourned. Thank you. Adoournment. 1 12