CC MTG MINUTES AUGUST 5 2013 •
REGULAR MEETING OF THE AGA WAM CITY COUNCIL
Minutes dated August 5, 2013
President Johnson — I'd call the meeting to order.
Item 1. Roll Call
~ President Johnson—I'd ask Barbara to call the roll please?
ROLL CALL —9 PRESENT, 2 ABSENT (Councilors Cavallo and Mineo)
President Johnson —With nine present, two absent, we have a quorum.
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Item 2. Moment of Silence and the Pledge of Alleeiance.
President Johnson — I'd ask everyone to rise for a moment of silence and Pledge of
Allegiance please.
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Item 3. Citizen's Sneak Time
President Johnson—There's no one signed up to speak before the Council.
Item 4. Minutes
I. Special Meeting of the Council—June 27,2013
President Johnson -- Is there a Motion to approve? Moved by Councilor Cichetti,
seconded by Councilor Rossi. Questions or discussion about the Special Meeting
• Minutes of June 27th9 Seeing none, all those in favor say Ay? Any opposed? It's
unanimous.
2. Regular Council Meeting—July 8, 2013
President Johnson — Is there a Motion to approve? Moved by Councilor Magovern,
seconded by Councilor Rossi. Questions or discussion on the July 8t" meeting minutes?
Seeing none, all those in favor say Ay? Any opposed? It's unanimous.
Item_ 5. Declaration from Council President
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None.
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Item 6. Presentation of Petitions. Memorials& Remonstrances
1. TR-2013-30 - A Resolution entering into a Memorandum of
Understanding for Emergency Transportation (Mayor) (Referred to
Community Relations Committee) (Tabled 7/8/13)
President Johnson—The matter is currently on the table.
0 Councilor Calabrese—Motion to remove from the table?
President Johnson — We have a Motion to remove the item from the table made by
Councilor Calabrese, seconded by Councilor Bitzas. If you're in favor of removing the
item from the table, vote yes. If you're opposed, vote no. I'd ask Barbara to call the roll
• please.
ROLL CALL —9 YES,0 NO,2 ABSENT (Councilors Cavallo and Mineo)
President Johnson — With a vote of nine yes, the item is off the table. What's the
0 Council's pleasure regarding TR-2013-30? We have a Motion to approve made by
Councilor Calabrese, seconded by Councilor Bitzas. Questions or discussion on the
Resolution? Councilor Calabrese?
Councilor Calabrese — Yes, on your, in your place this evening, you should see a
Memo from Chet Nicora and it basically is an outline of a conversation that he and I had
relative to this matter stating his support for entering into this Memorandum for
Agreement and basically it's to provide transportation in emergency situations only in
places where there might be say a gas leak at the Senior Center or the need to transport
large amounts of people via shuttle to temporary shelters during like I say various
emergencies. I'd really leave it up to each individual Councilor whether they deem it's a
good idea or not. I will be voting in favor of it this evening. Thank you.
President Johnson—Councilor Bitzas then Rossi.
Councilor Bitzas — Yes, I do not have any problem with resolution. I think it's a
0 win/win situation and I hope the Full Council supports it. I hope we don't come to the
situation where we have the buses come in an emergency but in case we do have, I think
we need those buses and I think the letter that Mr. Nicora sent us clarified some issues
that was raised during the meeting a couple of meetings ago and I think we should pass it.
I think it's for the best interest of all citizens especially the children and elderly. Thank
you.
President Johnson —Councilor Rossi?
Councilor Rossi —Thank you. My argument is the same as I made the last time. The
contract that I looked at, it didn't have any fees, what it's gonna cost us or anything else
to use these services and the response time. I wasn't too happy with the response time.
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In some cases, it's over an hour or two hours before you can get a bus here. I think it's
just too loose and nothing is for nothing. If we have to use these buses, we're going to
get paid and there's nothing in here to tell us what that fee is gonna be. I think, before I
need to vote on this thing, I think I need much more information as to what the fee is
gonna be in the event that we need it. I'd like to see if there are other places around Iike
there's a bus company right here in Agawam that might be available, and might be
interested in taking on this responsibility and what they would charge. So I'm not too
happy with the way this thing, it's kinda loosely designed, there's nothing to this thing
• that I feel I want to commit the city to, it's like a pig in a poke in my opinion and I don't
believe that we should be committing to any kind of an agreement without having fully
understanding of what it's gonna actually cost us.
President Johnson— Councilor Letellier, then Councilor Magovern.
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Councilor Letellier --- Thank you. I think it's a good idea to have this type of
arrangement in place if there is an emergency, if there's a fire or what have you. What
troubles me is that we're signing a contract that says they can charge us but it doesn't tell
us how much they're gonna charge us and if they're not gonna charge us, why does it
say, why does it not say it's gonna be a service provided at no charge? And last meeting,
Councilor Bitzas said I don't want to see this tabled again and I had hoped that this was
going to be resolved --the issue of whether there's gonna be a charge, or whether there's
not gonna be a charge — has the Committee, Councilor Calabrese, through the Chair,
talked to the Mayor, talked to the Solicitor as to why the contract language says there'll
• be a charge when everything we're hearing says there isn't going to be a charge?
Councilor Calabrese — May I? I actually spoke with Chet Nicora who was the one
who was sort of the point person on this and he really, I've gotta be honest with you, the
answer he gave to me was "well they haven't charged other communities in the past for
• doing this" and I totally appreciate both your's and Councilor Rossi's concern with this.
Mr. Nicora was basically I've seen what they can do and I think it's a good idea to have
something like this in place — if not this agreement, there might be something else out
there, but I did tell him that I would move to take the item off the table, we can have
further discussion and you know as he says, he said if it's no, it's no. If it's yes that
would be great but you know he kind of, he didn't give me a good solid answer on that,
• on that particular issue with regard to why does the contract say there's gonna be a charge
and then he's telling me that they're not gonna charge for the service.
Councilor Letellier -- If I may continue, this is the question that we've been raising
now for months and I think, I don't think the answer is well vote yes if you like it, vote
• no if you don't, I think the answer is can we have the contract amended to reflect what
the charge is going to be or reflected to say there is not going to be a charge and I know
there's frustration in keeping an item on the table but I don't want to vote it down
because I don't want to vote for it, yes, but to me how do you sign a contract that says
there's going to be a charge and yet not know what the charge is and just go on
somebody's word that they haven't charged in the past. So, obviously I'm not gonna do a
Motion to table, I'm gonna let the rest of the Council talk but my sense would be that we
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do a Motion to table, send a Memo to the Mayor, to the Solicitor indicating that there's
an indication in this contract that there's a charge and yet there's no charge to find and if
• they can go back to the bargaining table and either say what the charge is or there isn't
going to be a charge. We have Council Clerk as our representative on the PVTA, it
should be pretty easy to get an answer to this question. So that's my thought at this time.
Thank you. I'm sorry, not Council Clerk—City Clerk.
President Johnson —Not to be rude but I'm going to hit the priority button to see if
0 we can reset the miss. Are they back on now? I can't tell with mine. Some seem to be
working and others aren't. In any event, Councilor Magovern has the floor. He has a
uric that works.
Councilor Magovern — My mic is working, I believe. I feel the same way. I mean
• I'm 100 % in favor of the transportation. I think that it's very generous to the PVTA to
offer their buses. I would much prefer a PVTA bus over a school bus which is the other
bus company in town so I'd like to see the PVTA bus. I would like to see this contract go
forward but I totally agree, I would never sign in personal life a contract not knowing
what the costs are. According to Chet Nicora, he says there is no cost, there will be no
cost, when we originally discussed this they said there would be no cost. In the contract,
it says that there's a cost and I think that it's very obvious that we just gotta simply find
out from PVTA that if there is a cost, fine, what is it? If there is not gonna be a cost as
Chet Nicora has indicated in his letter to us then they should put in the contract that there
will be no billing for the costs. So I'm very, very much in favor of the PVTA buses. I
• think that it's a good idea to have bus transportation in case of emergencies. You
remember the fire down on Meadow Street where we lost some condos, to have had an
air-conditioned bus there to take the people in as an emergency shelter while we were
figuring out what is going on, I think is highly recommended but I can't vote for a
contract with an open phrase in there `there may be a cost' so, but I don't want to vote
• against it because I don't want to vote it down and then go through the procedure of
putting it back on so I'd like to see, let everybody else talk about it, I'd like to see a
tabling Motion until we find out from the PVTA exactly what the cost is.
President Johnson —Councilor Rheault?
• Councilor Rheault — Yes, the points that I was going to make have already been
expressed regarding the contract and the cost. I will support a tabling Motion because I
don't want to see it defeated as well until we get the exact information we're looking for.
President Johnson—Councilor Perry?
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Councilor Perry — Yes, thank you, Mr. President. Is it working? Okay, all right. I
agree with what everybody else is saying, in the very beginning it's a ten year contract
that we're looking at here. Item #6 says `it is understood that PVTA will be reimbursed
for costs incurred in response to an actual emergency or exercise'. I think it's a good
• idea. We need to have something like this in place. I know Councilor Cichetti and I back
in that October storm after everything that took place were questioning the emergency
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plans that we have in town and we were more or less told to mind our own business
because they're in place and if you want a copy it's down in that office. But we
definitely need something like this. I would fully agree to a tabling Motion because we
need to put something in place in regards to this but still, the way it's written right now, I
can't really fully support it to be honest with you because it's a ten year contract. Thank
you.
• President Johnson — Prior to going back to you all for the second time I might step
from the Chair to offer perhaps a little clarification. If you read the last half of the last
sentence of Paragraph six — paragraph six is the paragraph that indicates that we
understood that we will reimburse PVTA for costs both in the case of an actual
emergency or in the case of a planned exercise but it also says that those funds are subject
to appropriation by Agawam so I don't know that PVTA could provide us with the cost
• because it, this is a ten year agreement, so every year the cost would be different based
upon their labor scales and the cost of operating their buses and the cost of fuel and so
forth but the key to us and perhaps the loophole if you will is that if we choose to utilize
them, yes we agree to reimburse but those costs are subject to appropriation and last time
I checked we're the sole appropriating authority for Agawam so if the town, if an
• emergency management person wanted to use them, they'd have to come back to us for
the appropriation and at that point we could say yay or nay. Stepping back into the Chair,
Councilor Calabrese, then Councilor Bitzas.
Councilor Calabrese—Okay, I was actually gonna make a Motion to table.
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Councilor Bitzas—Not yet.
Councilor Calabrese—Not yet? Okay, premature, sorry.
Councilor Bitzas — I do, great that Chris, I mean the President, clarified to you. I
don't see any reason to table because we've had this for about three or four months now.
Now about the cost. The President clarified and make it very clear to me that it be the
same it be next time with no changes. So even in the case they say it's x amount of
money in the contract, which cannot be done because you don't know how many buses,
they cannot have that, are you going to say no if it's a little cost? Is any of you say no to
any emergency and have the people freezing or devastated from disaster? Are you, what
are we waiting for? A disaster to act? I don't think it's a big deal because now we know
as the President explained to us there cannot be any, no amount of money, here to us so I
think, my opinion is, you can table but you come back again the same situation, I
guarantee that. I'm not going to vote for table. You can vote for table. It's your opinion
• or whatever you like, I `m not going to tell you how to do it but i feel my heart that this
no cost so far for the other communities, Nicora told me it's no cost, the Mayor told me
no cost, I don't know. I think we should act and support something because emergency is
an emergency and even with a cost, we should absorb that to save lives. Thank you.
President Johnson—Councilor Rossi?
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Councilor Rossi — I agree that we should have something in place in case of an
emergency. I've been dealing with these things for most of my adult life. The problem
that I have with this is, is a couple fold. First of all, if we sign, go into a contract with
these people yes, we are the appropriating authority but once they provide those services,
we're obligated to appropriate that money so whatever they say that their billing is, we're
gonna have to come up with the money. It's just that simple. I don't think I like that. I
don't see why we can't enter into an agreement with someone whether it's the PVTA,
whether it's some kind of other bus company that may be on a shorter term. Why does it
• have to be a ten year program? Why can't it be a yearly program where the cost could be
fixed from year to year and we could enter into an agreement on a year to year basis, we
could still have an emergency plan go into effect and we would know going in what those
costs are gonna be in an event of an emergency. I don't see anything wrong with that.
Why would we want to enter into an agreement with somebody for ten years and not have
• any idea what they're gonna charge us? And even if we have to approve the money like I
said before, we're obligated to approve that money. Once we hire their services, we have
to pay it and what if we don't like it? I just don't think it's the right contract. I think it
needs to be looked at again. There's other ways of doing this thing that's gonna give us a
little bit more security and get the job done at the same time.
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President Johnson —Councilor Calabrese?
Councilor Calabrese—I'd like to make a Motion to table?
President Johnson — We have a Motion to table made by Councilor Calabrese,
seconded by Councilor Letellier. If you're in favor of tabling, vote yes. If you're
opposed, vote no. I'd ask Barbara to call the Roll.
ROLL CALL—8 YES, 1 NO (Councilor Bitzas),2 ABSENT (Councilors Cavallo
and Mineo)
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President Johnson—By a vote of eight yes, one no, the item is back on the table.
Item 7. Report of Council Committees
None.
Item 8. Elections
None.
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Item 9. Public Hearings
None.
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Item]0. 01d Business
1. TO-2013-19 - An Order Granting an Application for Abatement,
Redetermination, Extension or Deferral of Sewer Betterment
Assessment Requested by Soldier On, Inc., for the Property Located
at 702 South Westfield Street, Feeding Hills, MA. (Council) (Referred
to Administrative Committee) (Tabled on 718113)
President Johnson — The item is currently on the table. Is there a Motion to remove
the item from the table? Moved by Councilor Rheault, seconded by Councilors Rossi
and Magovern. All those in favor of removing the item from the table say Ay? Any
opposed? The item is off the table. Is there a Motion to approve TO-2013-19? Made by
Councilor Letellier, seconded by Councilor Perry. Stepping from the Chair, I emailed out
• and at your place this evening is a copy of an agreement. The agreement has been
approved by the Town Solicitor. He didn't sign it because he's been away out of state for
the better part of the last week. It's also been approved by counsel for Soldier On, Inc. It
mirrors what the Admin Sub-Committee voted at their last meeting regarding the item
which is essentially that we're going to agree to defer the current sewer betterment
assessment on the Soldier On property. They're going to pay pursuant to the statute the.
annual 4% interest on the deferral and they're gonna agree that at the time that the facility
is constructed that they're going to pay the betterment assessment in the amount of the
$2,341.00 which is the assessment for Phase 1 times the actual number of units that they
construct at the property without us having to take any further action and it will be a
condition to them receiving their Certificate of Occupancy on the property. So we're
agreeing to defer the three-unit assessment now and in exchange, they're gonna agree to
pay the $2,341 times the actual number of units and I think at the meeting, Councilor
Rossi, they indicated that they thought it would be between thirty and forty?
. Councilor Rossi—Correct.
President Johnson — So that's the agreement that we've reached. I guess I would
ask the maker of the Motion and the second on TO-2013-19 that we're passing it, what
we're passing is actually the agreement that was negotiated with Soldier On.
Councilor Letellier —Is there a date on the agreement so I can just say the agreement
dated -?
President Johnson —No because it's yet to be signed but I guess you could say dated
today because if we pass it today, I'll sign it and date it today.
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Councilor Letellier —Okay, I'll amend my Motion. My Motion would be to approve
the Agreement between Soldier On, Inc. and the Town of Agawam with regard to sewer
betterments dated August 5, 2013.
President Johnson — The mover and the second have amended their Motion.
Questions or discussion? Seeing none, if you're in favor of TO-2013-19 which is the
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actual approval of the Agreement with Soldier On, Inc, vote yes. If you're opposed, vote
no. I'd ask Barbara to call the roll please?
ROLL CALL - 9 YES,0 NO, 2 ABSENT (Councilors Cavallo and Mineo)
President Johnson — With a vote of nine yes, two absent, we've approved TO-2013-
19 and the Agreement with Soldier On, Inc.
• 2. TOR-2013-6 — An Ordinance to Amend the Code of the Town of
Agawam Zoning Ordinances by §180 Article XVI (Second Reading)
(Residence A-6; Low Density Multi-Family Community) (Planning
Board) (Referred to Legislative Committee)
President Johnson — Is there a Motion to approve the second reading? Moved by
Councilor Magovern, seconded by Councilor Letellier. Questions or discussion on the
second reading? Seeing none, eight votes is required to pass the second reading. I'd ask
Barbara to call the roll. If you're in favor, vote yes. If you're opposed, vote no.
• ROLL CALL - 8 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Mineo), 1
ABSTENTION (Councilor Calabrese)
President Johnson — With a vote of eight yes, two absent, one abstention, we've
approved the second and final reading of TOR-2013-6.
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Item 11. New Business
1. TO-2013-21 - Voucher for Massachusetts Municipal Association
Annual Dues in the amount of$4,792.00 (City Council)
President Johnson—That'll go on to our next Agenda.
2. TR-2013-38 - A Resolution supporting House Bill 445 entitled "An
Act relative to Recognizing Cheerleading as a Sport" (City Council)
President Johnson—That'll also go on to our next Agenda.
3. TR-2013-39 - A Resolution accepting a Grant from the
Commonwealth of Massachusetts Emergency Management Agency
pursuant to Massachusetts General Laws, Chapter 44, Section 53A to
• Agawam Emergency Management(Mayor)
President Johnson—That'll go on to our next Agenda.
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4. TR-2013-40 - A Resolution authorizing the borrowing and
appropriation in the amount of $6,340,000 for the North Westfield
• Street Water Main Improvement Project (Mayor)
President Johnson — Which sub-committee wants to try to tackle this one?
Everyone is looking at the Admin Sub-Committee Chair so we'll refer this to the Admin
Sub-Committee Chair with the Finance Sub-Committee Chair also being cognizant of the
money side of it but the Admin Sub-Committee can actually look at the project scope. I
• understand that's what's in the envelope that's before us tonight is a little more detail on
the project.
5. TR-2013-41 - A Resolution accepting a Grant from the
Commonwealth of Massachusetts to Massachusetts General Laws
• Chapter 44, Section 53A to the Agawam Police Department(Mayor)
President Johnson—That'll go on to our next Agenda.
6. TOR-2013-7 - An Ordinance to Amend Chapter ISO of the Code of
i the Town of Agawam Temporary Moratorium on Medical Marijuana
Treatment Centers (Mayor)
President Johnson — With regard to that I would officially refer the matter to the
Planning Board since it's a zoning amendment. I understand they've already set their
• Public Hearing for August 15t'. I would suggest that we set our Public Hearing for our
September 3ra meeting. Is that amenable to everyone? And this would go off to our
Legislative Sub-Committee for a referral.
Item 12. Any other matter that may legally come before the City Council.
• President.Johnson—We'll start with Councilor Bitzas this evening.
Councilor Bitzas —Thank you Mr. President. Just to remind you and also the people
that are watching us. Tomorrow from 5-8, the Town of Agawam we have in the High
School in the field at the Agawam High School, we are going to host the National Night
• Out. This event will include live entertainment, free hot dogs from the Lions' Club, free
beverages and popcorn from the Rotary Club. We have presentations of dancers, free
face painting, puppet show and other events for young and adults so I would like to invite
you and the people of Agawam to come. This is the 3rd annual actually National Day Out
but Agawam's is the first one, it happens every year all over the country and in Canada.
• 37.5 million people that participate and this is to be awareness to fight drug abuse and
crime and be educational for young adults and of course young children so I'd like to
invite the people of Agawam and you to come. We'll have a great day and just be part of
the community. Thank you.
President Johnson —Councilor Calabrese?
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Councilor Calabrese — Thank you. So between now and our next September
meeting, all those wonderful kids that graduated Agawam High School are gonna, those
of them that are heading off to college are gonna be heading off to college and I just want
to wish them all a great deal of luck and study hard and I know you'll all do us proud as
you always have and again definitely join us at the Night Out tomorrow night and the
concert on Wednesday. It's been a great summer and I hope you all enjoy the rest of the
warm weather that we have.
President Johnsen—Councilor Cichetti?
Councilor Cichetti — Barb, could you just book me a meeting for that marijuana
dispensary and I hope that everyone is having a nice summer. Thanks.
President Johnson —Councilor Perry?
Councilor Perry—Nothing this evening, Mr. President. Thank you.
President Johnson —Councilor Rheault?
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Councilor Rheault—Nothing this evening.
President Johnson— Councilor Magovern?
Councilor Magovern — The only thing I'd like to say is recognize the fact that we
had a senator for one year here in Agawam — Michael Knapik — who was the veteran
senator from Westfield who has resigned his post and will be taking a job with Westfield
State University. I want to thank him for his service even though he was only here for a
year. I know that he was very involved in what was going on in town and I wish him
e luck out at Westfield State. Again I hope you can attend tomorrow night. Get some free
popcorn from the Rotary. Thank you.
President Johnson—Councilor Rossi?
Councilor Rossi —Thank you. Barb, would you see if you can line up the library for
the Admin Committee? First of all, we want to put on the Agenda the second phase of
the sewer project with notification to Tighe & Bond Engineers and our Engineering
Department, DPW and any other appropriate personnel to attend that to be discussing the
shortening of.the second phase and get that under way and also to study the North
Westfield Water Main Project. Hopefully we can cover both of them in the same meeting
1k but we may have to extend it but if you have any difficulty, check with the committee, I
don't think we should have a problem coordinating the committee and the other people
with the schedules but if you have a problem just let me know please. Thank you.
President Johnson —Councilor Letellier?
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Councilor Letellier -- Yes, thanks, I don't mean to be a squeaky wheel but I thought
we had this big old Council workshop and said that we were going to postpone things
• until we,could, I feel like there's not consensus or direction on the next phase and to say
we're gonna split it up and see what the cost is gonna be, I just feel like we're giving
mixed messages to the people that are looking to get sewers and so I would have liked to
see a follow up to the workshop before this got put back on the Agenda and maybe that's,
maybe I'm the only one that thinks that and if that's the case, then so bet it but I just think
• there's a lot of confusion out there and have a great rest of the summer.
President Johnson — I happen to concur with Councilor Letellier on the subject. I
thought that we left it at the last workshop that we as a Council as a whole would
determine the direction of Phase 2 so I think we should perhaps follow up as a Council as
. a whole. I understand what Councilor Rossi wants to try to do. I just think we have to
try to make a decision as a Council as to what direction we want to go relative to Phase 2.
There's no use in spinning our wheels if there's not the pleasure on the Council to look at
alternatives. So perhaps we can look at trying to get a Workshop going in September?
Councilor Rossi — If the Council pleases, why don't we make this a workshop and if
• they find as though they want to continue on with this project then we can do that but we
have to find out one way or the other what we're gonna do. I mean we just can't stop it
and not do anything, I think those people deserve more than that to just stop this project
in the middle and not do anything, to provide them with any kind of relief. Pm not
opposed to a workshop. We can make this a workshop if the Council pleases and then if
• the Council doesn't feel as though they want to go forward,then so be it.
Councilor Letellier— If I may, Mr. President, if we do do a workshop, I'd like to see
the Mandatory Hook Up issue discussed too because for me, that's a crucial piece of any
decision to spend those millions of dollars. Thank you.
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President Johnson -- Seeing nothing else, the Chair will entertain a Motion to
adjourn? Moved and seconded around the house. All in favor of adjournment say Ay?
Any opposed? We are adjourned.
Adjournment at 7:32ym
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