CC MTG MINUTES NOVEMBER 7 2012 REGULAR MEETING OF THE AGAWAM CITY COUNCIL
Minutes dated November 7, 2012
President Johnson —I'd call the meeting to order.
' Item I. Roll Call
President Johnson—I'd ask Barbara to call the roll please?
ROLL CALL —10 PRESENT, 1 ABSENT (Councilor Calabrese)
President Johnson — With ten present, we have a quorum. Councilor Calabrese
informed me of a conflict prior to the meeting tonight so that's why she's not here.
Item 2. Moment of Silence and the Pledge o Alle lance.
' 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 four individuals wishing to address the Council. The first
is Lowell McLane.
' Lowell McLane— Good evening. My name is Lowell McLane. I reside at 85 Red Fox
in Feeding Hills. I want to thank all of you that have worked over the last many years
over trying to further the sewer project for our area. I know there's been a lot of
discussion and so I'm not gonna take a lot of time tonight to reiterate all the points that
many of you have spent hours in addressing but again, we know that there's health,
safety, environmental issues, economic and even I would say community quality of
service for our area. In the next few years, there's going to be many voices for what few
dollars might be out there and so I know that on the Agenda tonight, Phase II of the
Sewer Project is gonna be brought before you and so I come as another voice to cry for
that little basket of money that hopefully can be attained for our area. This is a project
that has been needed for many, many years and so we know that there are those that have
had their systems replaced. That's not a guarantee that it's going to be a safe, secure to
go on indefinitely so I would again encourage those that are sometimes people have the
idea that okay I've replaced my septic and I don't want to deal with it now but again
we're all aware that this is not a guarantee that failure won't happen in the future. As I
said, my intention tonight is just really to come and offer my support as a citizen that you
would bring this forward in the next few months, next few weeks, in meetings and so
forth. I want to also thank all of you and many of you have worked on the committee to
further this project and so we're asking again tonight for your consideration and I know
that some of the people behind me aren't gonna speak but they're here in support that we
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would continue this project and again thank you that we would all in the Southwest part
of our town would also enjoy the same services that the rest of the town has. Thank you.
President Johnson —Next is Robert LaPierre?
Robert LaPierre — Good evening. My name is Robert LaPierre. I reside at 51 Red Fox
' Drive and I'm just here tonight to, I'm just in support of funding for the sewer extension.
A few years back, Mayor Cohen assured us that this project would happen but it would
not happen overnight. Well, thirty-two years later and a whole lot of nights, we're still
waiting for this project. I just ask you people for your support in getting us the funding to
complete this. Thank you.
President Johnson —Thank you. Next is Douglas Reed?
Douglas Reed — Thank you. Good evening. Douglas Reed, 10 Shelley Lane. I'm not
gonna go on and on but Pm here to support or ask for your support for the funding for
this project. We've had a lot of questions that have been raised and answered and yet it
appears that questions still have not been answered. We've had a lot of open meetings. I
can't recall one of our meetings where we locked the door behind us and shut out the
lights so we need to go forward with this. As Lowell talked about, the people that have
replaced their systems, they need to understand that in replacing their systems with Title
V — you have two years and that's it. So if your system goes in and it's nice and fresh
and new and three years later you decide to sell your house and it doesn't pass, you're
' kicking out another $15,000 - $20,000, 1 think it's ridiculous. Our house was built
twenty-seven years ago and it was promised then that we'd have sewers in three to five
years. So if you do the math, we've been waiting way too long. Everybody's been
waiting too long. It just needs to get done. We have an expenditure on Phase I and we're
gonna let it die after that? It's shameful. It's just unacceptable. So I ask for everybody's
support. I thank you guys. We've got guys up there that have been in the meetings
continually, fighting, and getting it done and I just want to see it get done. Thank you.
' President Johnson —Thank you. Last is John Cappuccilli?
John Cappuccilli — Good evening. My name is John Cappuccilli. I live on 50 Red Fox
' Drive and I've been living there since 1976. Thank you, members of the Council. We
the residents of the Southwest section in Feeding Hills, Massachusetts look to you to
support TR-2012-47 the resolution to bond $10,469,500 for the construction of Phase II
' in the Southwest area. This phase is the most critical as we all know. This phase is
gonna act as a conduit so we can continue on down to Barry Street and service all the rest
of the homes. I want to thank all the members of the Council, past and present, who have
' worked hard, very hard over the last ten years to get to this point. Every councilor here
tonight is fully aware what has transpired to get us to Phase 11 of this project. At this
time, I know everybody has been on this committee on and off, we've had Joe Mineo,
we've had Dennis Perry, Paul Cavallo's been supportive, very supportive, Don you've
been there all the time, Jimmy — great job, everybody here, everybody here, and even
though I don't agree sometimes with Chris, he's been there at the meetings too, but he's
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wbeen there but I want to throw out a special thanks to Bob Rossi. We started this thing
ten years ago and we literally got, we were going down the wrong path. Joe put a lot of
effort into it but I think we were ill-advised as to how to do it. Bob and I had some
words, I said Bob if you wanna, why don't you come in and if you've got any good
things to do, let's get them done and Bob said let's break it up into small pieces. He's
been doing that and if you go to his website, it's all there. He's been keeping us well
informed so again I want to thank Bob for sticking with us when he could have walked
away. But I want to thank everybody here because a lot of you guys haven't walked
away from this. Now the total cost to the homeowner on Phase I was $5,500 let's say
plus the contractor's fee they hit you up. The Waste Water only went up $.24 and in
Phase II, we're asking for $10.4 (million) and also this included one million dollars for
capital improvements which Bob says we can get back under Chapter 90. It's more
costly than Phase 1. We have more homes. We have more pipes. We're gonna have two
pumping stations but it was thrown out there at ten million. As we know in the first
phase, we saved a lot of money to put towards the second phase and I think we can do
that but we need to get this approved so we can go out to bidding and so we can say how
much money we're going to save. There's not gonna be a property tax increase to the
' citizens. It will be paid for through usage fees and at the completion of the sewer, of the
project, it will serve over six hundred families, six hundred families. Now is the time for
action. This sewer project in Feeding Hills ended in the 90's when the free federal
monies ran out. The cost then was $7 million to finish the job. Because of a Iack of
vision then, we are now faced with this problem. The time is now, not later, to get this
done. Let's move forward, not backward. We owe this to all the citizens of the
Southwest section, young homeowners who cannot afford to take a $20,000 home equity
loan to fund a septic system and not know if it's gonna fail within five years, senior
citizens like myself, I can't afford it. So what we are asking for is,just like Lowell and
everybody else is, we want the same benefits afforded to the rest of the town. We're not
asking for any more. We're willing to pay our fair share so all we want to do is be
treated fairly and with respect and we really want you to pass this bond issue so we can
move this project forward. Thank you very much.
President Johnson—That concludes Citizen Speak Time.
Item 4. Minutes
t1. Regular Council Meeting—October 1,2012
President Johnson — The Chair will entertain a Motion to approve those minutes.
Moved by Councilor Rheault, seconded by Councilor Magovern. Any questions or
discussion on the October 1, 2012 minutes? Hearing none, all those in favor say Ay?
Any opposed? It's unanimous; please note Councilor Letellier's abstention.
2. Regular Council Meeting—October 15, 2012
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President Johnson — Moved by Councilor Magovern, seconded by Councilor Cichetti.
Questions or discussion on the Minutes from our October 15th meeting? Seeing none, all
' those in favor say Ay? Any opposed? It's unanimous.
Item 5. Declaration from Council President
None.
Item 6. Presentation of Petitions, Memorials& Remonstrances
None.
' Item 7. Report of Council Committees
None.
Item 8. Elections
' None.
Item 9. Public Hearings
None.
' Item 10. Old Business
1. TOR-2012-3 - An Ordinance to Amend the Code of the Town of
Agawam Zoning Ordinances §180-2 "Definitions and Word Usage"
(212 readings) (Referred to Planning Board and Legislative
' Committee) (Mayor)
President Johnson —The first reading was passed at our last meeting. We are now on to
the second reading. Is there a Motion to approve the second reading? Moved by
virtually everyone and seconded by everyone else. What's before you, there are some
slight revisions so at this point, the revisions Councilor Letellier made to the cover sheet
just to make it clearer relative to what exactly we were doing and then I took the liberty
on Exhibit A, at our last meeting if you recall, we amended the two definitions that were
suggested, I actually plugged those into Exhibit A so it's all part of one comprehensive
document. So at this point, the Chair would entertain a Motion to Amend TOR-2012-3 to
comply with what is currently before us.
tCouncilor Letellier—So moved,that's why my light was on.
' President Johnson — Moved by Councilor Letellier, seconded by Councilor Rheault.
The floor is open to discussion on the item. Seeing none, eight votes is required to pass
the second and final reading of TOR-2012-3, I'd ask Barbara to call the roil please.
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Councilor Rheault — Point of Order. I believe that you've got to go on the amendment
before you go on the main Motion as amended.
President Johnson — You are correct, I apologize. I'd ask Barbara to call the roll on the
iamendment.
ROLL CALL— 10 YES, 0 NO, 1 ABSENT (Councilor Calabrese)
iPresident Johnson — With a vote of ten yes, we've approved the amendment. Now I
would ask if there are no further people wishing to discuss, I'd ask Barbara to call the roll
on TOR-2012-3 as amended.
ROLL CALL - 10 YES, 0 NO, 1 ABSENT (Councilor Calabrese)
President Johnson — With a vote of ten yes, we've approved the second and final
reading of TOR-2012-3.
' Item ]]. New Business
' 1. TR-2012-47—A Resolution Authorizing a Loan Order in the Amount
of$10,469,500.00 for the Construction of Phase II of the Southwest
Area. Sewer Project (Mayor)
' President Johnson —That item will go on to our next Agenda and I would refer it to the
Admin Committee. Based on my discussion with Councilors Rheault and Rossi prior to
' the meeting this evening, it was suggested that we have a public comment period on this
item at our next meeting. So I would, if no one objects, I would ask Barbara to put a
notice in the Agawam Advertiser, it will be published a week from this Thursday that we
will be open to public comment. In addition, we have to put together the Resolution for
the public notice of pending assessment because it has to happen simultaneous with the
loan order. That wasn't put on our Agenda so I will attempt to endeavor to get the list of
properties from Tighe & Bond and get that drafted and get it on to our next Agenda
which means that this item will likely not be voted on until our December 3rd re
yular
' meeting to allow that new item to come and get to Old Business by December 3` . In
addition to that, the Mayor has requested based upon this item and also the later items
dealing with setting the tax rate and the financial transfers for a meeting with us and I
' would suggest the date of November 28`h which is a Wednesday as a workshop session
for the sewer items and then the later items that are coming relative to setting the tax
factor and the transfers from Stabilization and Free Cash. So, long-winded but Next
iAgenda.
2. TR-2012-48 - A Resolution Authorizing the Community
' Preservation Committee to Spend $4,935.00 for the Purchase of
Historic and Recreational Signs (CPA)
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President Johnson —That would be referred to the Finance Sub-Committee. I think you
already have a meeting scheduled for next week.
' 3. TO-2012-28 - An Order Granting or Renewing a LICENSE for
Class 2 Dealer(s)—Parrotta's Auto Service, Inc.,357 Main Street,
' Agawam, MA (Clerk)
President Johnson — I'm going to list these, these are all Orders granting or renewing a
' Class Il Dealer's License. I would refer all of these items to the Admin Sub-Committee,
Next Agenda.
' 4. TO-2012-29 -An Order Granting or Renewing a LICENSE for
Class 2 Dealer(s) —Malkoon Motors, 1039 Springfield Street, Feeding
Hills, MA (Clerk)
President Johnson—Please see item# 3.
' 5. TO-2012-30 - An Order Granting or Renewing a LICENSE for
Class 2 Dealer(s)—Dino Carando d/b/a Euro Imports,325 Main
Street,Agawam, MA (Clerk)
President Johnson—Please see item# 3.
' 6. TO-2012-31 - An Order Granting or Renewing a LICENSE for
Class 2 Dealer(s)—Elmwood--D&J Auto Sales, 521 River Road,
Agawam,MA (Clerk)
President Johnson —Please see item# 3.
' 7. TO-2012-32 - An Order Granting or Renewing a LICENSE for
Class 2 Dealer(s)--V&F Auto, Inc., 7 Harding Street, Agawam, MA
' (Clerk)
President Johnson—Please see item # 3.
8. TO-2012-33 - An Order Granting or Renewing a LICENSE for
Class 2 Dealer(s) —Luigi's Auto Sales, Inc., 371 South Westfield
' Street, Feeding Hills, MA (Clerk)
President Johnson—Please see item# 3.
' 9. TO-2012-42- An Order Granting or Renewing a LICENSE for Class
II Dealer(s) - Chris Auto South, 207 Main Street, Agawam, MA
(Clerk)
President Johnson —Please see item 4 3.
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10. TO-2012-43 - An Order Granting or Renewing a LICENSE for
' Class 2Dealer(s) —Auto Kraft, 119 Walnut Street,Agawam, MA
(Clerk)
President Johnson—Please see item# 3.
11. TO-2012-44 -An Order Granting or Renewing a LICENSE for
' Class 2 Dealer(s)—Langonet, Inc., 61 Ramah Circle South, Agawam,
MA (Clerk)
' President Johnson —Please see item# 3.
12. TO-2012-45 - An Order Granting or Renewing a LICENSE for
' Class 2 Dealer(s)—Joseph J. Polys d/b/a Joe's Truck Repair, 97
Ramah Circle South,Agawam, MA (Clerk)
President Johnson —Please see item# 3.
13. TR-2012-49 - a Resolution Adopting a Residential Factor of 0.00000
' pursuant to Massachusetts General Laws Chapter 40, Section 56 -
Suggest a public hearing date of December 3, 2012 (Mayor)
' President Johnson — We're required to hold a Public Hearing. The suggested Public
Hearing date is December 3rd, our December 3rd meeting we have to give fourteen days
statutory notice. We can't do that since we're on the Wednesday so that's the earliest we
could give the requisite Public Hearing notice. That matter will also be referred to the
Finance Sub-Committee for discussion at their meeting and also at the workshop on the
2$d', next Agenda.
' 14. -2 12- 0 - A Acceptingrant from the
TR 0 5 Resolution a G
' Commonwealth of Massachusetts Executive Office of Public Safety
and Security pursuant to Massachusetts General Laws, Chapter 44,
Section 53A for Agawam Police Department (Mayor)
' President Johnson — That'll also be referred to the Finance Sub-Committee, next
Agenda.
' 15. TR-2012-51 - A Resolution Authorizing the Appropriation of Storm
Remediation and Debris Removal Costs from Free Cash for the
' Snowstorm of October 29, 2011 (Mayor)
President Johnson -- That'll also get referred to the Finance Sub-Committee and be
' discussed during our workshop on the 28 h, next Agenda.
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' 16. TR-2012-52 - A Resolution Authorizing the Appropriation of Storm
Remediation and Debris Removal Costs from Stabilization Funds for
' the Snowstorm of October 29,2011 (Mayor)
President Johnson — Again, referred to the Finance Sub-Committee and will also be a
' topic at our Workshop on the 28`h, next Agenda.
Item 12. Any other matter that may Lgally come before,the City Council.
President Johnson—Councilor Letellier, I guess, will lead off tonight.
' Councilor Letellier — Okay, thank you. Well, one of my concerns has been addressed
which I was concerned that we were gonna get the tax factor on Monday and have to vote
on it on Monday so I'm glad to hear especially with the shortened time between
meetings, I'm glad to hear that we're not gonna do it until December 37d so we have the
time to address it. I want to, I know the Council was invited, I want to invite the public,
this Friday, November the 90 at 5:30 at the Oak Ridge Country Club, the Agawam
' Rotary Club is honoring and doing a salute to Rosie Robotics. Most of the School
Committee is at a conference in Hyannis so we won't have any School Committee
attendance so it would be nice if we could get a few more Councilors to come. If you're
' interested in more information, you can check with George or myself or if any of the
public wants to come, you can check with me or give Barbara a call. It's a buffet so we
can add some people on Friday and it won't affect things too much. The Mayor will be
there. I want to thank the poll workers and the Town Clerk yesterday. I was a legal
observer and I was at Precinct 1 for seven and a half hours yesterday and Richard had an
excellent idea. He had a separate table as I'm sure you all know for the inactive voters
' and the people who had questions and where I was the Warden did a great job calling
Town Hall, verifying people that somehow weren't on the list but should have been on
the list. We were able to help some people, they actually went to the Registry of Motor
Vehicles to prove that they were registered but for some reason, it hadn't gone to the
town and the two biggest problems that I saw just for people out there, if you registered
online or through the Registry of Motor Vehicles, a lot of those never got to Town Hall
and some people were smart enough they had kept their proof that they had registered
online or at the Registry but if they didn't, they only got a provisional ballot which was
' what was supposed to happen. So if you registered online or if you're thinking about
registering online in the future or through the Registry of Motor Vehicles, please double
check with the Town Hall before an election to make sure that your registration actually
' got to Town Hall. Thank you.
President Johnson —Councilor Rossi?
' Councilor Rossi—Nothing this evening.
' President Johnson — Councilor Mineo?
Councilor Mineo—Nothing tonight.
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President Johnson —Councilor Magovern?
Councilor Magovern — Just, I just want to appreciate everybody that got out and voted
yesterday. It's great to have such a high number of people took interest to go out and
vote and that's all I have to say. Thank you.
President Johnson —Councilor Rheault?
Councilor Rheault—Nothing this evening.
President Johnson—Councilor Perry?
Councilor Perry—Nothing this evening, thank you.
' President Johnson —Councilor Cichetti?
' Councilor Cichetti—Nothing this evening, thank you.
President Johnson—Councilor Bitzas?
' Councilor Bitzas—Nothing.
' President Johnson —I've got to write that down. Councilor Cavallo?
Councilor Cavallo —Yeah, I had the same concern that Councilor Letellier had because I
was thinking about it the last couple of weeks about the tax factor. If we're gonna have a
workshop on the 28'`, the final vote on the tax factor would be the last meeting of the
' month of December, correct? Because it would be New Business, wait a minute now,
we're talking, we have one more meeting in remaining in November, it is not on New
Business -
President Johnson—It's on tonight's Agenda TR-2012-49.
Councilor Cavallo —Okay, at the workshop then,.Mr. Baldini will be there and all of the
appropriate people will be there?
' President Johnson — Yes, that's another rational — we have to give the fourteen days
public hearing notice which we can't do since we're twelve days away from our next
meeting with the deadlines with the Advertiser it just won't work. Beyond that, I spoke
' with Mr. Baldini. He expects hopefully by the Finance Sub-Committee meeting which is
the 15t' to have the completed tax factor information from DOR so that's why it's gonna
be there but then given the unusual nature of the 3+million dollar appropriation from
Stabilization and 2+million from Free Cash, and given the fact that if we don't take final
action at the first December meeting then our tax bills don't go out on time. That's why I
kind of pushed the Mayor to have the workshop so that we will all,by the time we get to
' December 3`d,be fully informed. There's gonna be one more item that'll be coming on to
our next Agenda which we'll refer over to the sub-committee for the 15'h and that is a
Resolution to amend the Golf Course budget. It was spoken of at the last Finance sub-
committee meeting by the Auditor but they have to cut the budget for the Golf Course
based upon the fact that you can't appropriate more than you actually took in in the prior
fiscal year unless you have Reserves and they don't have any Reserves left. So they've
made the appropriate cuts. We just now have to approve those cuts otherwise; again,
DOR won't certify our tax rate and approve all the information. They omitted that from
this Agenda but I clarified it with the Treasurer/Collector and the Resolution is prepared
and will probably go out in this week's packet but it'll appear as New Business on our
next, at our next meeting. The Chair will entertain a Motion to adjourn? Second? All in
favor? We are adjourned. Thank you.
' Adjournment at 7:25 m
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