CC MTG MINUTES MAY 7 2012 REGULAR MELTING OF THE AGAWAM CITY COUNCIL
' Minutes dated May 7, 2012
Council President Johnson—I'd call the meeting to order.
Item 1. Roll Call
Council President Johnson—I'd ask Barbara to call the roll please?
ROLL CALL—9 PRESENT, 2 ABSENT (Councilors Mineo and Rheault)
Council President Johnson — With nine present, we have a quorum. Both Councilor
' Mineo and Councilor Rheault could not make it this evening. They are both taking care
of ill family members so they both let me know.
' Item 2. Moment of Silence and the Pledge a Alle&ance.
Council President Johnson — I'd ask everyone to .rise for a moment of silence and
' Pledge of Allegiance please.
Item 3. Citi en's Speak Time
1 Council President Johnson —There are no citizens wishing to address the Council.
' Item 4. Minutes
1. Regular Council Meeting—April 2,2012
Council President Johnson — The Chair would entertain a Motion to approve our
meeting minutes for our regular Council meeting of April 2, 2012. Moved by Councilor
Cavallo, seconded by Councilor Magovern. All those in favor say Ay? Opposed? It's
unanimous.
2. Regular Council Meeting—April 17,2012
Council President Johnson The Chair would entertain a Motion to approve our
' meeting minutes for our regular Council meeting of April 17, 2012. Moved by
Councilor Rossi, seconded by Councilor Cichetti. All those in favor say Ay? Any
opposed? Please note Councilor Calabrese's abstention and we've approved the meeting
' minutes of April 17`h
Item 5. Declaration from Council President
' None.
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Item_6. Presentation of Petitions, Memorials & Remonstrances
' 1. TR-2012-21 -A Resolution Confirming the Re-appointment of Marilyn
Curry, 123 Beekman Drive,Agawam,MA to the Whiting Street and
' Thomas Pyne Fund for a Term Expiring December 31,2015 (Mayor)
Council President Johnson — Moved by Councilor Letellier, seconded by Councilor
' Cavallo. Mrs. Curry is here if anyone has any questions.
Councilor Bitzas —Yes, Mr. President, I'd like to, I have a question for Marilyn.
' Council President Johnson — I would entertain a Motion to go into Committee as a
Whole. Moved by Councilor Magovern, seconded by Councilor Bitzas. All in favor of
going into Committee as a Whole say Ay? Opposed? We're in Committee as a Whole.
Councilor Bitzas—Thank you Marilyn.
' Marilyn Curry—You're welcome.
' Councilor Bitzas—You want to say your name and address please for the record.
Marilyn Curry—I'm sorry. Marilyn Curry, 123 Beekman Drive, Agawam.
' Councilor Bitzas — I've known you for many years that you've been serving this
committee and you've been doing a great job but I would like to ask, to see, what this
' committee, what this does for us, of course we know, but mostly for the people because
they don't know, some people they ask me and they have more informations and they
want to know more about it and who qualifies for the fund and could you please
' elaborate? Take as long as you want. Thank you.
Marilyn Curry — Okay, it shouldn't take must time. The committee is the Whiting
Street which is named for Whiting Street who was an official in Holyoke back at the turn
of the century and Thomas Pyne. Both of these gentlemen passed away. They left
money to all of the local communities. To my knowledge, we are probably one of the
' last, if not the last community to still have that fund intact. We cannot touch the
principal. From Thomas Pyne we got $2,000.00. From Whiting Street, we got
$3,000.00. That money has been in an account and collecting interest. Over the years,
way back when Dave Gallano was Treasurer, interest was high so that money
accumulated quite rapidly. Now as you know, there's almost no gain in the interest. We
do have some money. We have strict guidelines. They are only allowed to be given to
people who are worthy poor and that is the quote that is in the resolution and `worthy
poor' means they really are almost indigent. We get calls that people are upset that we
don't give them the money. We don't have the money to give and we aren't following
the rules the money would have been gone many years ago. When the time comes that
our funds drop to $6,000.00, I will go before the Council at that time and request the
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' money stay in the same account and reinvent itself for a future generation but other than
that,that's what the money is for and we're careful how we spend it.
' Councilor Bitzas —Thank you, Marilyn.
Council President Johnson — Any other questions? Before we come out of Committee
as a Whole, Marilyn has served on these committees for many, many, many years and
she's very dedicated so on behalf of the Council we want to thank you and especially for
your interest in continuing to serve.
Marilyn Curry—Thanks, Chris.
Council President Johnson — The Chair will entertain a Motion to come out of
Committee as a Whole. Moved by Councilor Cava llo, seconded by Councilors
Magovern and Rossi. All those in favor coming out of Committee as a Whole say Ay?
Any opposed? We're out of Committee as a Whole. Now we're back to the main
Motion. If you're in favor of confirming Mrs. Curry, vote yes. If you're opposed, vote
no. Barbara, call the roll please?
ROLL CALL — S YES, 0 NO, 2 ABSENT (Councilors Mineo and Rheault), 1
ABSTENTION (Council President Johnson)
Council President Johnson —With eight yes, we've approved the Resolution confirming
Mrs. Curry. Again, thank you.
2. TR-2012-22 -A Resolution regarding Civil Service Status of Building
' Maintenance Association Members (Mayor)
Council President Johnson — Is there a Motion? Moved by Councilor Letellier,
seconded by Councilor Rossi. Questions or discussion? Just FYI for the public's
sentiment, the Resolution calls for the filing of special legislature with the state
legislature to take our Building Maintenance and Custodial positions out of labor service
' and the reason for doing that is because they haven't had a labor service examination for
Custodial or Building Maintenance in over ten years. So at this point, it's somewhat
futile so we have a whole generation of employees that are still considered "provisional"
or temporary employees. Any other questions? If you're in favor of the — Councilor
Rossi?
Councilor Rossi — Yes, thank you. I understand the intent and the reasoning for it but
my question is does the state ever intend to have another Civil Service? Has anyone
' every inquired into that?
Council President Johnson—What the Mayor and the Solicitor told me was that they've
contacted the Civil Service person in charge of this area and the response that they've
gotten is no. They don't ever intend to hold another exam. Like I said the last exam that
was held for the position of Custodian was in 2001.
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Councilor Rossi— But those members that are currently enjoying that protection are still
under that protection. Correct?
Council President Johnson — Right. As I understand the Resolution that is drafted in
the special legislation, anyone that is currently Civil or Labor Service would remain
under that jurisdiction and then anybody that's provisional now, would not be so that the
town could convert them to permanent employment and then obviously any new hires
would come on non-civil or labor service.
1 Councilor Rossi—All right. Thank you.
Council President Johnson — Any other questions or discussion? If you're in favor of
the Resolution, vote yes. If you're opposed, vote no. Barbara?
1 ROLL CALL—9 YES, 0 NO, 2 ABSENT (Councilors Mineo and Rheault)
Council President Johnson —With a vote of nine yes, you've approved the Resolution.
3. TR-2012-24 -A Resolution Confirming the Appointment of Doreen
Prouty,891 South Westfield Street,Feeding Hills,MA to the Community
Preservation Act Committee to a Term Expiring the April 30, 2015(Mayor)
Council President Johnson — Is there a Motion? Moved by Councilor Rossi, seconded
by Councilor Bitzas. Mrs. Prouty is here if anyone has any questions. Everyone knows
her very well because she serves on the Board of Appeals and has for many, many years.
Councilor Letellier?
tCouncilor Letellier — I just have a question. Obviously I know Doreen and I'm gonna
vote for her but when this was on our Agenda last meeting, we had two elections with a
blank resolution with no resolution named and this one we have a resolution with a
specific individual and I'm just wondering why we're doing it this way. It's usually just
an election of a member unless they're from a certain board.
' Council President Johnson — Right. If you notice this is an appointment technical) b
g Y pp Y Y
' the Mayor.
Councilor Letellier—Right, yeah.
Council President Johnson — And the CPA Ordinance that we have calls for a position
to be designated on behalf of the Recreation area, that was previously I believe Mr.
Tierney. He has indicated he is no longer able to serve so Mrs. Prouty is filling that
particular spot.
Councilor Letellier—Oh, okay.
Council President Johnson — The Ordinance also calls for the Council to elect some at-
large positions and that's what was on our previous Agenda.
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Councilor Letellier—Oh, okay.
jCouncil President Johnson — So this is the Mayor's appointment that we're confirming
to fill the spot for the "Recreation" area.
Councilor Letellier—Okay, it's not clear at all in the Resolution so okay, thank you.
Council President Johnson —Councilor Bitzas?
Councilor Bitzas — Thank you Mr. President. I do know Mrs. Prouty for many, many
years and we all know she's a great servant to this town and she'll be doing a good job on
the Board of Appeals and all her volunteer work and we thank her very much for go
forward to serve the town. Thank you again Doreen and I hope everybody will be
1 supporting you. Thank you.
Council President Johnson — Any other discussion? If you're in favor of the
Resolution, vote yes. If you're opposed, vote no. Barbara?
ROLL CALL—9 YES, 0 NO, 2 ABSENT (Councilors Mineo and Rheault)
Council President Johnson—With a vote of nine yes, you've approved the Resolution.
' 4. TR-2012-25 - A Resolution Confirming the Appointment of Timothy P.
McGrew,99 Red Fox Drive,Feeding Hills,MA. to the Agawam Board of
Registrars to a Term Expiring April 1,2015 (Mayor)
Council President Johnson — Is there a Motion? Moved by Councilor Calabrese,
seconded by Councilors Bitzas and Magovern. Questions or discussion? Again, Mr.
McGrew is here if anyone has any questions? I believe he's a recommendation from the
Republican Town Committee? Hearing none if you're in favor of the Resolution vote
yes. If you're opposed, vote no. Barbara?
ROLL CALL—9 YES, 0 NO,2 ABSENT (Councilors Mineo and Rheault)
' Council President Johnson — With a vote of nine yes, you've confirmed or you've
passed the Resolution confirming the appointment.
' 5. TR-2012-26 -A Resolution Confirming the Appointment of Mario
Tedeschi Jr., 150 Juniper Ridge Drive,Feeding Hills,MA. to the Agawam
Board of Registrars to a Term Expiring April 1,2015 (Mayor)
Council President Johnson — Is there a Motion? Moved by Councilor Calabrese,
seconded by Councilors Bitzas and Magovern. Mr. Tedeschi is also here if anyone has
' any questions. Just by way of explanation Mr. Tedeschi owns Allied Flooring & Paint
which is the newest purple building on Main Street. For those who have wondered, he
did that in response to the `Paint the Street Purple' for the Relay for Life Agawam Cancer
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Society fundraiser that's coming up so it shows tremendous community spirit on his part.
I know I've gotten a few people that have asked about the purple building and I said I
don't know that he sells Barney products but we know the explanation now. Questions or
discussion? Hearing none, I'd ask the Clerk to call the roll.
ROLL CALL — 8 YES, 0 NO, 2 ABSENT (Councilors Mineo and Rheault), 1
ABSTENTION (Council President Johnson)
Council President Johnson —With of eight yes, we've approved the Resolution.
6. 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 (Referred to Administrative Committee)
1 (Mayor)
Council President Johnson — Is there a Motion? Moved by Councilor Rossi, seconded
' by Councilor Cavallo. Councilor Rossi?
Councilor Rossi — Yes, Mr. President, I would respectively request that this item be
tabled until we can get the information. Apparently, the cart is here before the horse and
there's other information that is going to be required and I would ask that the Council
table this until such time as that information became available.
' Councilor President Johnson — So we have a Motion to table indefinitely by Councilor
Rossi, seconded by Councilor Magovern. No discussion on a tabling Motion. All those
in favor say Ay? Any opposed? The matter is tabled.
Item 7. R_oort of Council Committees
' None. -
' Item 8. Elections
None.
Item 9. Public Hearin es
1 1. PH-2012-1 - (TR-2012-23)A Resolution Adopting the Fiscal Year 2013-
2017 Capital Improvement Program (Public Hearing Date Set for June 4, 2012)
(Referred to Finance Committee) (Mayor)
iCouncil President Johnson — I would suggest that we set a Public Hearing date for our
June 4, 2012 meeting for our Capital Improvement Program budget as submitted by the
Mayor. Do we need a Motion to set, I don't think so, so we'll set that as June 4, 2012 for
the Public Hearing on the Capital Improvement Program.
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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
' Westfield Street,Feeding Hills, MA. (Tabled 4/17/12) (Referred to
Administrative Committee)
1 Council President Johnson— Councilor Rossi?
Councilor Rossi—Yes, we respectfully request that the item remain on the table.
Council President Johnson — So we have a Motion to continue it on the table made by
Councilor Rossi, seconded by Councilor Magovern. All those in favor say Ay? Any
! opposed? The item remains 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 4/17/12)
(Referred to Administrative Committee)
Council President Johnson —Councilor Rossi?
' Councilor Rossi — Yes, the Committee again respectfully requests that this item remain
on the table.
' Council President Johnson — So we have a Motion to table made by Councilor Rossi,
seconded by Councilor Magovern. All those in favor 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 I Napolitan for the Property Located at
South Westfield Street,Feeding Hills,MA.(Tabled 4/17/12) (Referred to
Administrative Committee)
' Council President Johnson—Councilor Rossi?
Councilor Rossi—Again, the Committee recommends that this item remain on the table.
Council President Johnson — We have a Motion to table made by Councilor Rossi,
seconded by Councilor Magovern. All those in favor say Ay? Any opposed? The item
remains on the table.
4. TO-2012-17 - An Order Granting an Application for Abatement,
Redetermination,Extensions or Deferral of Sewer Betterment Assessment
Requested by Thomas S. and Paul I Napolitan for the Property Located at
7
South Westfield Street,Feeding Hills, MA. (Tabled 4/17/12)(Referred to
Administrative Committee)
' Council President Johnson—Councilor Rossi?
Councilor Rossi—The committee again recommends that this item remain on the table.
Council President Johnson -- Motion to table made by Councilor Rossi, seconded by
' Councilor Magovern. All those in favor say Ay? Any opposed? The item remains on
the table.
' 5. TO-2012-18 -An Order Granting an Application for Abatement,
Redetermination,Extension or Deferral of Sewer Betterment Assessment
Requested by St. Anne's for the Property Located at South Westfield Street,
Feeding Hills,MA. (Tabled 4117/12)(Referred to Administrative
Committee)
' Council President Johnson—Councilor Rossi?
Councilor Rossi—I'd like to make a Motion to take it off the table.
Council President Johnson — We have a Motion to take it off the table by Councilor
Rossi, seconded by Councilor Magovern. All those in favor of taking it off the table say
' Ay? Any opposed? The matter is off the table. The Chair would entertain a Motion on
the item at this point. We have a Motion made by Councilor Letellier, seconded by
Councilor Calabrese. The report of the sub-committee—Councilor Rossi?
Councilor Rossi — Thank you. The sub-committee met on this item, TO-2012-18, and
after discussion it was decided that these abatements were made correctly and the Order
granting the application for abatement, redetermination, extension or deferral of the
sewer betterment has been denied.
Council President Johnson — So the recommendation of the sub-committee is to deny
the application so if you intend to vote based on the sub-committee's recommendation,
your vote should be no. If you plan to vote in favor of granting the application for
' abatement, redetermination, extension or deferral, the vote would be yes. Any
discussion? I would ask Barbara to call the roll please.
' ROLL CALL —0 YES, 9 NO, 2 ABSENT (Councilors Mineo and Rheault)
Council President Johnson — With a vote of zero yes and nine no, you've denied the
application for abatement, redetermination, extension or deferral.
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f6. TO-2012-20 - An Order Granting an Application for Abatement,
Redetermination,Extension or Deferral of Sewer Betterment Assessment
Requested by Michael C. and Donna M. Davis for the Property Located at
582 South Westfield Street,Feeding Hills,MA. (Referred to Administrative
Committee)
' Council President Johnson — We received communications today by the respective
property owners requesting that their application be withdrawn so at this point the Chair
' would entertain a Motion to remove the item from the Agenda. Moved by Councilor
Rossi, seconded by Councilors Letellier and Magovem. Any discussion? All those in
favor say Ay? Opposed? The item has been removed from our Agenda.
' 7. TO-2012-21 -An Order Granting or Renewing a LICENSE for
Automatic Amusement Device(s)—Six Flags New England, 1623 Main
Street,Agawam,MA.(Referred to Administrative Committee) (Clerk)
1 Council President Johnson —Is there a Motion on the item? Moved by Councilor Rossi,
seconded by Councilors Perry and Cavallo. A report of the sub-committee, Councilor
Rossi?
Councilor Rossi — Yes, thank you, Mr. President. The sub-committee met concerning
' the Amusement Licenses for Six Flags New England. There were 78 Amusement
Licenses in total and the committee found no reason to deny these applications and we
respectfully submit a favorable recommendation to the Council.
Council President Johnson — Any other questions or discussion? So if you're in favor
of granting the Automatic Amusement Device license, vote yes. If you're opposed, vote
no. Barbara?
' ROLL CALL —9 YES, 0 NO, 2 ABSENT (Councilors Mineo and Rheault)
Council President Johnson — With a vote of nine yes, you've approved the Automatic
1 Amusement Device Licenses for Six Flags New England.
Item 11. New Business
1. TR-2012-28 - A Resolution Supporting the Pending Community
Preservation Act (CPA) Amendment(Councilor Cichetti and Johnson)
' Council President Johnson -- It's pretty self-explanatory. Do we need to send it out to
committee or can we just say next Agenda? Next Agenda.
' 2. TO-2012-22 -An Order Granting or Renewing a LICENSE for Junk
Dealer(s)—T's Jewelers,559 Springfield Street,Feeding Hills,MA. (Clerk)
' Council President Johnson — We'd refer that to the Admin sub-committee. Do you
have time to get it on your Agenda for Thursday?
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' Councilor Rossi--Uh, yes, Barbara?
' Council Clerk—Okay.
Council President Johnson—So that will go to the Admin Sub-Committee.
' Item 12. Any other matter that may legally come before the City Council.
' Council President Johnson — I never remember which way I started so I'll go with
Councilor Cavallo tonight.
Councilor Cavallo — First of all I'd like to wish all of the mothers in the viewing
audience a Happy Mother's Day and other than that, I don't have anything to add.
Council President Johnson —Councilor Bitzas?
Councilor Bitzas —I want to echo the wishes—Happy Mother's Day to all the mothers.
Council President Johnson —Councilor Calabrese?
' Councilor Calabrese — Thank you I just have two. Barbara, I'd like to schedule an
organizational, an Agenda organization meeting, for the Community Relations
Committee so whenever we can get a room? I'll be sending you over my items of
Agenda to be noticed out and also I put on each Council member's desk some
information about the June 16"' golf tournament to support the Agawam High School
robotics team. If anyone is interested in either taking out an ad or putting together a
foursome, feel free to give me, contact me through the Council office and I'll get you the
appropriate information. Thank you.
tCouncil President Johnson--Councilor Cichetti?
' Councilor Cichetti—Nothing this evening, thank you.
Council President Johnson—Councilor Perry?
Councilor Perry—Nothing this evening, thank you.
' Council President Johnson —Councilor Magovern?
Councilor Magovern — I'd just like to thank all the veterans for all their hard work and
dedication and as we come close to Memorial Day, I hope everybody will remember our
veterans that are serving abroad and the or the active service that are serving and the
veterans that have served and thank you for the flags up and down Main Street. I think
that this is one of great things about Agawam is our small town flavor and the flags are
absolutely beautiful hanging off of those poles. So thank you all for putting them up and
thank you to the veterans.
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Council President Johnson—Councilor Rossi?
Councilor Rossi — Yes, just briefly, I'd like to wish the Mineo family and the Rheault
family a speedy recovery. I know Don's wife, Joan, is in the hospital right now and
she's, I spoke to him this afternoon and she's gotten some favorable results so hopefully
she'll be home tomorrow so I just want to say get well soon.
Council President Johnson—Councilor Letellier?
Councilor Letellier — Yes, thank you to all the businesses on Main Street who put the
purple ribbons up. I know Councilor Mineo talked about organizing a Relay for Life
team for the Council, if not, I spoke to the organizer and we can just pool our funds in
with other teams. Councilor Rossi's family has a team but I do have some of the
information on the Relay for Life. It's is May 19`h overnight to the 201h at the High
School. If anyone is interested in participating, if you want to donate, I happen to have
my envelopes here but thank you to all the businesses who are doing the purple ribbons
and who paid for the flags and in terms of the schedule Barbara. Thank you for doing a
great schedule. If you could poll the committee — you have Budget #1 tentatively for
Wednesday, the 23rd, that works for me but if you could just poll the committee before
' you actually post it and if it works we'll do that night. All right? Thank you everybody
and have a good week.
Council President Johnson — Thank you. We expect to receive the annual budget from
the Mayor on Thursday which is May I01h so budget committee Chairs please be in
contact with Barbara to get your meetings scheduled so you can review your sections of
the budget. We anticipate having the Public Hearing on it at our second June meeting— it
falls within the forty-five days under the Charter that we have to act and with that I also
want to wish everyone a Happy Mother's Day and I want to thank all the Councilors who
participated in last week's workshop. With that, the Chair will entertain a Motion to
adjourn? Moved by Councilor Cavallo, seconded by Councilors Magovem and Rossi.
All those in favor of adjournment say Ay? Opposed? We are adjourned. Thank you.
Adiournment.
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