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CC MTG MINUTES FEBRUARY 4 2013 REGULAR MEETING OF THE AGA WAM CITY COUNCIL i Minutes dated February 4, 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 Mineo and Rossi) President Johnson -- With nine present, we have a quorum. Both Councilors Mineo and Rossi are under the weather this evening. Item 2. Moment o Silence and the Pledge o Alle lance. • President Johnson — I'd ask everyone to rise for a moment of silence and a Pledge of Allegiance please. Item 3. Citizen's Speak Time i President Johnson — We have one individual wishing to address the Council. I'd ask you to come forward, state your name and address and you have five minutes to speak. Richard Theroux? Richard Theroux — Thank you Mr. Johnson. My name is Richard Theroux. I reside at 30 Ley Street. I am the Town Clerk and the Chairman of the Casino Oversight • Committee and I am here this evening and was here previously to speak to the committee that you put in charge of a thought of having a committee of the Council. First of all, I'd like to state that this committee that the Administration has formed, Mayor Cohen, comprising of myself, a member of the School Committee, Mrs. Rua who is here this evening and a member of your Council, Mr. Cavallo stepped forward as citizens not as really members of their perspective bodies but also certainly as elected officials. Our charge is going to be under the statute to look at a community agreement as an abutting community for the casino that's proposed in the Town of West Springfield on the Eastern States grounds proposed by the Hard Rock Casino Corporation. Now first of all, we have no say as you are well aware whether or not a community such as West Springfield enters into an agreement for a casino. We can say no, we can say yes, it doesn't matter. It's going to go to the voters in West Springfield. It's going to go to their administration and then it goes to the Casino Commission and they will decide whether there'll be a casino in West Springfield, Springfield or in Palmer. The issue is with this legislation, we have to have an agreement in place not only for the Hard Rock Casino and the Eastern States but for our own protection so the administration has put forward this committee. I have reluctantly in some ways said to the Mayor that I would look at this because of the complexity of this legislation. This is not politics. This is policy and the policy has to be 1 i • that we protect our community as to traffic, revenue, possibly jobs for our citizens if and when a casino takes place. Now that's really the overall view of all of this is if a casino takes place in the Town of West Springfield. We have to be prepared with that agreement so again i state that we really have no say but we have been invited to the table by our neighbors — our good neighbors — the Eastern States Exposition who has been a good neighbor to us for years and we are going to take that seat at the table and try to get the best agreement that we can for the Town of Agawam IF and WHEN there's a casino • in West Springfield. The issue with this is that the regulations for this legislation are constantly coming out. I attended the meeting a week ago or so at the Lower Pioneer Valley Planning Commission for all communities looking at this, a three hour meeting on a Thursday night, and the ombudsman from the Casino Commission was there trying to answer the questions over the regulations that are not set up yet, a very, very difficult piece of legislation. So I think we're ahead of the curve. Our committee is going to work • with Bacon & Wilson, a law firm in Springfield that has been involved in the casinos in Springfield and I believe has the expertise that we're going to look for. Your committee that met this evening has voted not to recommend that a committee of the Council be formed. I'm not going to address that issue but what I am going to say is if the Council wants more input, if the citizens want more input, certainly I'm more than willing to have many conversations over this important issue. I think the Mayor felt having someone on the Council, someone on the School Committee, the two elected bodies that we have, address those issues, those individuals could come back to the Council and certainly explain it to them as your colleagues but if there's more input that you feel is necessary, more voices that we think we need to hear, believe me I've been in government for a long • time as you all know, I'm more than open to that because our main goal has to be and will be to protect the citizens of the Town of Agawam if this so happens in the sister community next to us. The issue that, two things that I want to say as far as because as the oversight of the budget, my committee is going to look at possible. reimbursement from the Commission for any legal traffic studies, whatever we might need, that's part of the legislation. The other issue that we're going to look at and I spoke to the attorney today that we're having look at all of this, is the MGM proposal in the City of Springfield, that abuts our community, should we make a pitch that we are an abutter and we wish to enter into an agreement with them because again, if the MGM proposal wins approval, it will impact our community certainly as to traffic as we all know and other issues and if we can have a seat at that table, I think we should take that opportunity. Simply in closing, I came this evening to talk to the committee. I came primarily to speak to the Council about the fact that this is again a very complex piece of legislation and it's an evolving piece of legislation which is unusual so to stay with it, stay on it, to protect all our citizens. I know every one of you are with me along with Mayor Cohen to protect our community if and when a casino abuts our own Town of Agawam. So I look • forward to working on this with Mrs. Rua from the School Committee, Mr. Cavallo two individuals that serve our community so well and with the Council and anyone else who wishes to have a conversation about this. I think this can be certainly something that could change the character of our community, something that deals with our businesses and certainly something that we have to address and we will address it. We will be there • at the table. We've been invited. We're going to stay with this and again, if there's thoughts, other conversations that we need to have, I'm more than open to them. You 2 i • can find me — you know where to find me -- please discuss your issues with me and I thank you for your time and your attention and together, all of us, will protect the Town • of Agawam's interest as we have in the past and we will in the future. Thank you again. President Johnson —Thank you. Item 4. Minutes 1. Regular Council Meeting—January 22, 2013 President Johnson — Is there a Motion to approve? Moved by Councilor Magovern, seconded by Councilor Cichetti. Questions or discussion on the meeting minutes? Seeing none, all those in favor say Ay? Opposed? Please note Councilor Rheault's • abstention. Item S. Declaration from Couneil President President.Johnson —Next, a brief declaration from Council President. It is with sadness that I note the recent passing of Joseph Conte, a long time Building Inspector for the Town of Agawam and also a long time member of the Zoning Board of Appeals here in Agawam. Joe, I believe, served 22 years as Building Inspector in Agawam and probably almost an equal number on the Board of Appeals and it's with sadness that we note his passing and our condolences go out to his family, his wife and his sons. • Item 6. Presentation of Petitions, Memorials & Remonstrances 1. TR-2013-6 - A Resolution confirming the reappointment of Gerald M. Landry, 71 Country Road,Agawam,MA to the Whiting Street and Thomas Pyne Fund for a term expiring December 31,2015 (Mayor) President Johnson — Is there a Motion? Moved by Councilor Rheault, seconded by Councilors Cichetti and Cavallo. Questions or discussion on the Resolution? Seeing none, all those in favor say Ay? Any opposed? It's unanimous. • 2. TR-2013-7 - A Resolution to Establish an Ad Hoc Casino Committee of the Agawam City Council (Referred to Community Relations Committee) (Councilor Rheault) President Johnson — Is there a Motion? Moved by Councilor Letellier, seconded by • Councilor Magovern. It was referred to the Community Relations committee. The Chair will yield to Councilor Calabrese please. Councilor Calabrese — Yes, thank you. The Community Relations Committee met this evening at 6,15 and present were Councilors Bitzas, Cichetti, Cavallo, Perry and myself, also Councilors Letellier and Rheault, Richard Theroux was there and Council President • Johnson kind of came in but I don't know if he was actually participating in the meeting but he was present in the room. We had had some discussion about this and the feeling 3 • • of the City Council Community Relations Sub-Committee is that respectfully we find that this is a superfluous committee. That the Community Relations committee was chartered and put together specifically to address these kinds of issues. We had some other ideas as far as what other roll Councilor Rheault may be able to play in the future with regard to the casino issue but there was a Motion made by Councilor Bitzas, seconded by Councilor Cichetti to send a negative recommendation on this legislation and the vote was 5-0 in opposition. Thank you. President Johnson — Thank you Councilor Calabrese. I see Councilor Rheault then Councilor Letellier. Councilor Rheault — Yes, I put the item of Agenda on, I was one of two councilors invited to the media event and after listening to the presentation, there certainly was no • question that if, if, it ever comes in our vicinity, it's going to have some kind of an impact on the Town of Agawam and that was my main interest to start the process and this is the process that it would take to establish a committee to come in front of the Council and the Council makes the decision whether in fact we want to, which direction we want to go. I have no problem accepting the decision. There's some concerns. I really believe that a three-person committee is not enough on the other side and former councilor, citizen and Town Clerk, Mr. Theroux, mentioned a statute the requires that they address the issue. I was always under the impression that any committee or commission was established by the Council and if you take a look at every single, every single, commission in town that comes in front of the Council for confirmation so I thought that we should have had input from the beginning when that committee was established and I think that it probably would have been greater than three members I would think that would be in place. The following week, I was invited over to West Springfield for their meeting and they had a mitigating commission headed by Councilor Brian Griffin and he was delighted to see me and Agawam was willing to work in the spirit of cooperation which took no surprise to us • or to myself because we always do and the Mayor and he got together and they merged the two committees together which strengthens it. It has public input from the citizens which our Mayor's committee did not have in the formation and also business people. I thought that those two were critical because it's gonna have a significant impact on the town. The final decision of rejection of the committee, again I have no problem accepting that because what my intent was was to start the process as procedurally as we • do which is what I did and whatever the Council decides, certainly I'll abide by it. I did have one other question, there was a statute alluded to and I don't have it and I would like Barbara if you would, get it in writing to me which one that is which give the Mayor the authority to establish a committee without coming to the Council first. Other than that I'll listen to some other input from the Council. • President Johnson —Councilor Letellier? Councilor Letellier — Thank you. First of all, I want to thank Councilor Rheault for bringing that Resolution forward because it is something that I think we need to discuss and I think it's important that the town as a whole have a broad representation of individuals in different backgrounds. I don't think it makes sense for the Council to have 4 • • a competing committee, to say that our Community Relations sub-committee is going to do one thing and the Mayor's committee is gonna do another thing, I don't think that • serves that town. The meeting tonight was posted as a workshop and I came to participate in a workshop and my suggestion that I made at the workshop was that we ask the Mayor to expand the committee, to include more councilors, to include business people and to include citizens to have it be more representative as it is in West Springfield. Why reinvent the wheel? I think they've done a good job getting the committee together, balancing citizens, public officials and businesses and I think that's • what we need to do. I'm also, I want to make sure that the Council is involved and gets information. I'm sure that these meetings are subject to the Open Meeting Law. I'm sure that they have to be posted. I would hope that there's minutes. I want the Council to be copied on the meeting postings. I want the Council to be copied on the minutes regardless of the composition of the committee. I'm glad to hear that there was • discussion as to being involved with the Springfield/MGM proposal but there's also a Springfield/Penn National Gaming, I think, the one that's at the Republican so I think there's a lot of work that this committee needs to do and you know as Chair of the committee, we have our Town Clerk who has a full-time job for the town. We've got a Primary coming up, we've got special elections coming up, then we've got more elections in the fall, I think it's an awful lot to ask the Town Clerk to be Chair of this committee when there's clearly going to be a lot of work in additional to his regular full- time job duties. So I would like to see the committee broadened and as I said I want the Council copied in on the minutes, I would like the Council copied in on the meeting postings and I'm glad to hear that we have outside counsel involved, that was one of the • issues I was going to raise, so I'm glad to hear that that's happened but I think it's important that we gather information so that we can make an informed decision. We know that a casino is coming to Western Mass. We abut three out of the four proposals. I'd like to see us be involved in discussions about revenue sharing agreements, all of these things take time, take people that are willing to do the work and it's more than three • people can handle quite frankly and so I would ask that and we can do a Resolution or we can do a Memo to the Mayor from the Council President that the committee be expanded and that the Council as I said be copied on all this information. Thank you. President Johnson —Councilor Magovern? Councilor Magovern — I totally 100% agree with Councilor Letellier on every point that she's raised. I think that this is probably one of the most important issues that come before the Town of Agawam and I feel that the City Council should be totally involved in what's going on and get the information back to us and I also feel that a three-member committee is much too small. I think we should have a couple of more councilors on • there and we should have somebody from the business community. It's a long-range committee and it's just too important to come up with a decision with three people and one overworked Town Clerk which is going to be having his hands filled with everything that's going on so I second the Motion that we should either have a Resolution or some type of amendment to go out to the Mayor saying that the City Council deserves more information. 5 • • Councilor Cavallo — Point of information? We're voting on the Motion here on the floor or on the report from our committee, now you're talking about a new Resolution. Which is is here? President Johnson—The discussion is germane to Councilor Rheault's resolution so — Councilor Magovern — Yes, so I think this should all be taken into consideration before • we vote on Councilor Rheault's recommendation and he's making his resolution either we vote for it or we vote against it, up or down, but I think that the point should be made about the way the Councilors feel, we have Councilor Calabrese's committee which I think that some of that should be brought in and I just think we've gotta work out how this is gonna be handled because it is I think one of the most important items to come before the town that I've seen in many, many years. Thank you. • President Johnson --Councilor Calabrese? Councilor Calabrese — Yeah, I'd just like to point out that we do have five very well qualified people that were elected by the citizens of Agawam to represent the interests of • the people of Agawam and those are the five members of the Community Relations Committee. It is my intent to send a memo tomorrow to the Mayor to ask that the five members of the Community Relations committee be joined in with his Casino Committee. One of the things that we must keep in mind when we invite citizens on to a committee of this sort with very expensive legal counsel, they're gonna have questions, • they're going to be needed to be brought up to speed, this is something that we had talked about before the meeting this evening during the workshop and so we want to make sure that we're using very effective and efficient use of our legal counsel. It's a firm that I'm very familiar with and we really hired well and I just want everyone to keep in mind that again, the members of the Community Relations Sub-Committee were elected by the citizens of Agawam to look out for their interests and it is our duty to do so. Thank you. Councilor Bitzas — Yes, Mr. President. I disagree with Councilor Magovern and Councilor Letellier with respectfully disagree with them. We don't need the committees. We have already committees. We make our Council this year, we composed the committees and make a five member committees. That committee we discussed today, • we have a meeting, concerns about the traffic issues, public safety, public relationship and we are have a qualified people who can deal if needs arises. I'm totally against Councilor Rheault's committee because it's like showing like we are proving, it's the impression that we are approving what's going on to be in the Eastern States Exposition. It's not the point. If this Council puts their hands up and show the opposition to the • casino at the Big E, you should support me and some of the Councilors the next time you see Resolution coming to you for vote opposing the casino in the Eastern States Exposition grounds, it'll be in the packet, you can see it, you want to join me and show your support for the Town of Agawam and show that we are against the casino in West Springfield. After watching on television the event in the Big E where they present the Hard Rock people, I have many concerns. This is the email I sent to you and the press two days after that and I read to you, very short, the email said "after I watch the live 6 • broadcast of the Big E/Hard Rock Casino proposal on television, I have many concerns. If a casino comes to West Springfield, there are numerous negative impacts to our Town of Agawam. Primary concerns of course are traffic, public safety, education and addition to addiction problems. We already have Six Flags and Big E creating traffic jams during certain times of the year. A casino would create an even bigger disaster for our town. I believe adding a casino in West Springfield would have far more negative as compared to benefits. It will affect the quality of life for both residential and businesses. I respectfully request and then I ask for your email that the Chair of the Community Relations Sub-Committee call a meeting as soon as possible specifically devoted to discussion of these concerns as well as others regarding the casino. We must be proactive. It could be contacted as a workshop to allow for the entire Council to voice their opinions." We are intelligent people sitting here. The people of Agawam they trust our judgment. We should put a foot down and say no casino in West Springfield • PERIOD. If in case come in South End, then what we do it because we do nothing there. If it go to Palmer, this is not our, my main concern is the casino in the Big E, that's my main, main concern because it be disastrous to our town and we should stand strong in opposition to that and I know we cannot do anything about it, some people they say that, but I do believe we can do a lot about it. We have to show the West Springfield people, good neighbors, that it's not good for them either and also we send the resolution and a letters to the Massachusetts Gaming Commission expressing opposition. It's very simple, plain. Thank you. President Johnson — Any other discussion? Seeing none, if you're in favor of the Resolution to create the Ad Hoc Casino Committee, vote yes. If you're opposed, vote no. I'd ask Barbara to call the roll please? ROLL CALL — 4 YES (Councilors Johnson, Letellier, Magovern and Rheault), 5 NO (Councilors Cavallo, Cichetti, Perry, Bitzas and Calabrese), 2 ABSENT (Councilors Mineo and Rossi) President Johnson —With four yes and five no, we've defeated TR-2013-7. Item 7. Report of Council Committees None. Item 8. Elections None. • Item 9. Public Hearings None. i 7 • i Item 10. old Business None. Item 11. New Business 1. TO-2013-5 -An Order Granting or Renewing a Weekly Amusement PERMIT for Siana,Inc. d/b/a Take Five,944 Springfield Street,Feeding Hills,MA. (Clerk) President Johnson — That item will be referred to the Admin Sub-Committee, next Agenda. 2. TR-2013-5 -A Resolution accepting a grant from the Commonwealth of Massachusetts Emergency Management Agency pursuant to Massachusetts General Laws, Chapter 44, Section 53A to the Agawam Emergency Management(Mayor) i President Johnson —That'll go on to our next Agenda. 3. TR-2013-9 - A Resolution accepting a grant from the Massachusetts Historical Commission pursuant to Massachusetts General Laws, Chapter 44,Section 53A to the Town of Agawam (Mayor) President Johnson—That'll be referred to the Finance Sub-Committee, next Agenda. 4. TR-2013-10 -A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation funds for the preservation, rehabilitation and restoration of . historic resources,the School Street Barn.(CPA) President Johnson — That'll also get referred to the Finance Sub-Committee, -next Agenda. Item 12. Any other matter that may legally come before the City Council. • President Johnson —Councilor Cavallo? Councilor Cavallo — Yes, I received an email, well Barbara did, I asked her to check again on the Budget Finance Sub-Committee on the School Committee as to when their meetings are being held and unfortunately, I will be there, but unfortunately one of them is going to be held TOMORROW, February 5th, at 5:00pm in the Superintendent's Conference Room. Now I requested this material, this information, as you know for the past two or three weeks and the email at the end ,says we do not place sub-committee meetings on our website but a courtesy call would have been in order here or an email to let us know that we are having that sub-committee meeting that we know your sub- committee meeting would be interested in attending. So I'm not happy with that. I think we're a committee that works directly with the School Committee, to work with them on 8 • • their budget, and the whole idea behind this knowing full well that we can't say anything at these meetings, at least to become familiar with your budget so that when we do have our first sub-committee meeting, we all know a little bit about what you're talking about and I'm gonna talk to Superintendent Sapelli and say please I would like something to confirm when you're next meeting is going to be and give my committee at least a two week heads up. This is tomorrow at 5:00. Now I don't know Mr. Chairman, if you can make that tomorrow, Mr. President, I will be there. I think CeCe, she's already got a commitment, unfortunately Councilor Rossi's not here and I think Councilor Mineo are both on that committee as well. So I will go and I'll do the best of my ability and I'll get back to you people, my committee, and let you know what had transpired. I'll take some notes but I'm gonna tell him in the future please I don't mind going to the meeting but give me more than a one day notice (two week notice), and give the committee more than a one day notice (two week notice). It's over half of the budget that we're talking about, not a small piece of the pie so I'll inform you people at the next meeting exactly what transpired and if I am going to get notification earlier. That's all I have. President Johnson—Thank you Councilor Cavallo. Councilor Bitzas? • Councilor Bitzas —Nothing this evening. President Johnson —Councilor Calabrese? Councilor Calabrese — Yes, I'd actually like to do a very quick report and I provided Barbara with a copy of minutes of the joint meeting that the Community Relations Committee had with West Springfield City Council. I'd like to thank Paul Cavallo, Jim Cichetti, Dennis Perry and Chris Johnson for coming over to West Springfield and what we were talking about was the issue with the trains on the crossing at Bridge Street. And also I'd like to thank one of our residents, Karl Stieg, he provided a nice diagram and some helpful information with regard to contact information for the local railroad. This is a crossing that I'm sure we're all familiar with, those of us who travel from North Agawam into West Springfield along Bridge Street onto Front Street and we've already got a case number assigned, contact has already been made with CSX corporate office in Jacksonville, Florida and we're gonna be getting an Inspector assigned and Barbara I think I might have given you a copy of this? If you could in the next packet to the Councilors make sure everyone has a copy. This is a project that the Community Relations Committee is going to be working on with the Traffic and Safety Committee in West Springfield to hopefully see if we can resolve the issues that we have with those long stops of the train track crossing between Agawam and West Springfield and that's all I have today. Thank you. • President Johnson —Thank you. Councilor Cichetti? Councilor Cichetti—Nothing this evening. Thank you. President Johnson—Councilor Perry? 9 • • Councilor Perry—Nothing this evening, thank you. President Johnson —Councilor Rheault? Councilor Rheault—Nothing. President Johnson —Councilor Magovern? • Councilor Magovern —Again, I just wanted to send my condolences to the Conte family , for the passing of Joe. He was a great guy and I know the whole family has done a lot in Agawam for many, many years and I'm sure that the Conte name will be continued on in the same high regard that Joe's name was held and again, thank you CeCe for your committee meeting on the trains. I've sat there for quite some time and one time I.was on • my way over the West Springfield and I was not in a rush so I brought a book along, or I had a book with me, and I sat while I waited for the train to go and I read my book and I must have been there for forty-five minutes and that is just totally unacceptable and I've very, very happy to see that you've finally or hopefully will be getting something done. So again, thank you. • President Johnson —Councilor Letellier? Councilor Letellicr — Yes, thank you. I'm not sure we've come to any sort of Council resolution or agreement as to what we want to ask the Mayor about whether we want to expand the committee, whether we just want to include the Community Relations sub- committee. I understand that Councilor Calabrese is gonna send a letter as Chair of the Community Relations sub-committee saying please add our members. I think we really need to speak as a body, as a whole, so maybe it's up to Council President, if the Mayor complies with Councilor Calabrese's request — great — but if not, I think we're gonna have to assess and address this issue. I think it's key that these are posted public meetings with minutes and so I look forward to seeing the Mayor's response. Thank you. President Johnson — And just stepping from the Chair for a moment. I agree with Councilor Letellier, I don't know if we have to do it by vote at a public meeting if we're • gonna take a unified stand as a Council relative to the casino mitigation issues but there's been absolutely no communication between the Administration and myself as Council President, none whatsoever. So the Mayor held a press conference and didn't invite myself or any member of the Council. He designated a member from the Council without conversing with myself or the Vice President or to my knowledge with any other member of the Council and to my knowledge it's a committee that's appointed by the • Mayor so it's not subject to the Open Meeting Law so I don't know that if they've already met whether those meetings have been posted and been public or not and frankly by my read of the proposed regulations dealing with surrounding communities, Agawam should be seeking designation for not only the West Springfield proposal but for both of the Springfield proposals as well. But again, I don't know how exactly we want to do it at this point, whether we want — I'll take a stab at drafting a resolution if you want — and 10 • • get it on to our next Agenda but like I said, to pray for communication at this point when we've received absolutely none, I think is futile. • Councilor Letellier — And I think that we need to let the public know that. I think it's important that the public know that. That we are a co-equal branch of government and we have been ignored. + Councilor Rheault—I think we just have. Councilor Letellier—I agree and that's why I thanked you for putting the resolution on. Councilor Bitzas ---Point of Order? If we're discussing, can we discuss it? • Council President — As I just indicated Councilor Bitzas, I'll take a stab at drafting a resolution and getting it on to the Agenda where we can discuss it further. Councilor Bitzas —Can we do that? Council President--Yes. Councilor Bitzas — Why don't we have a committee to do ourselves? As a committee, we have the committee members. • Councilor Rheault--I think it more appropriate from the Council President number one. Number two, I would caution that the committee just arbitrarily says oops I want to get involved because it's going to take an awful lot of time and a lot of you's don't have, if meetings are held in the afternoon, you're gonna be lost so I would suggest to the Council President that he recommends additional members and those that probably have some time to spend because for the sake of being on the committee and not being able to attend the meetings, you might as well stay home which you probably could be. Councilor Bitzas — Point of Order, Mr. President? In closure, I think this Council is going to make a strong opposition to the casino, to stop forming committees and it should my resolution which I have coming up next package to oppose the casino in West Springfield period. Council President —With that, the Chair will entertain a Motion to adjourn? Moved and seconded all around the house. All in favor of adjournment say Ay? Any opposed? We are adjourned. • Adjournment at 7:35pm. • 11 •