CC MTG MINUTES JULY 8 2013 •
REGULAR MEETING OF THE AGAWAM CITY COUNCIL
• Minutes dated July 8, 2013
Item Y. Roll Call
President Johnson—I'd ask Barbara to call the roll please?
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ROLL CALL— 11 PRESENT,0 ABSENT
President Johnson—With eleven present, we have a quorum.
• Item 2. Moment of Silence and the Pledge of Allegiance.
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
President Johnson —We have two citizens wishing to address the Council and the first is
a member of the Council, Cecilia Calabrese?
Cecilia Calabrese — Thank you. Cecilia Calabrese, 75 Wagon Wheel Drive. I'm here
today on behalf of the Ayre family and the Hadden family and I'm going to be reading
into the record which I've written and will be mailing today, this evening, to Secretary of
State John Kerry. Dear Secretary Kerry - On June 6, 2013, Agawam, Massachusetts
resident, Shauna Hadden had her United States passport, along with that of her daughter
Ava, forcibly confiscated by persons purporting to be acting on the authority of the
• Brazilian government. While I know that the State Department is "monitoring" this
situation, as a member of the Agawam City Council and Chair of the Community
Relations Sub-Committee, I am asking you to take a more pro-active approach at ending
Shauna and Ava's de facto captivity in Brazil. No matter how comfortable or"well cared
for" an individual may be, to be sure, Shauna and Ava are being held captive by the
• Brazilian authorities, without due process. Every day that passes, these American
Citizens are being denied their basic human rights of freedom by the unreasonable
actions of a foreign government. THIS SITUATION MUST NOT BE TOLERATED
ANY LONGER. Please use all your powers of diplomacy and influence within the
International Community to bring the immediate end to Shatuza and Ava's captivity in
• Brazil. Shauna and Ava must have their passports returned to them immediately so that
they may come home to the United States. The longer Shauna and Ava are denied their
passports the more harrowing their situation will become since, as you know, their
Brazilian Visas will expire, making their immigration status and eventual return to the
United States, more problematic. Thank you for your time and action on this matter. On
• a personal note, I wish your wife, Teresa, a speedy recovery. Nothing is more important
than the safety and well-being of family. Shauna and Ava's family, likewise, pray for
their safety and well-being, with their immediate return to American soil. You have the
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power to make that happen. Please do so. Respectfully, Cecilia P. Calabrese. Thank
you.
• President Johnson—Thank you. Next is Joann McGeoghan? ,
Joann McGeoghan — Good evening. Joann McGeoghan, 75 Christopher Lane, Feeding
Hills. I am here also to speak on the unpleasant situation that Shauna and Ava are
. experiencing in Brazil. I am asking the City Council to sign a letter of support to
immediately release Shauna and Ava back to the United States and more importantly
back to their home town of Agawam. They're Agawam residents. I urge everyone, along
with the City Council, all elected officials and every resident in Agawam to please let
your voice be heard. Let them know that you love them, you support them, whatever
brought them there, they do not belong to be held there against their will. Please let your
voices be heard and let's bring them back home to Agawam. Thank you. Oh, by the
way, I also have ribbons I've made. I have some if you'd like them, with me tonight.
Shauna and Ava have helped me design the ribbons. They have asked them to be red,
white and blue in support of the United States and returning to U.S. soil and hot pink
because that is Ava's favorite color. Thank you.
•
President Johnson —Thank you. We have a letter of support making its way around the
town. I expect it to be signed by the last councilor momentarily and I'll ask our
Administrative Assistant to provide copies of this to all of the federal officials involved.
Item 4. Minutes
1. Regular Council Meeting—June 17,2013
President Johnson — Is there a Motion to approve? Moved by Councilor Cichetti,
seconded by Councilors Rheault and Magovern. Questions or discussion on the minutes?
Seeing none, all those in favor say Ay? Any opposed? It's unanimous.
Item S. Declaration from Council President
President Johnson—None this evening.
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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 6/17/13)
President Johnson --The item is currently on the table. What's the Council's pleasure?
Is there a Motion to remove the item from the table? No? We will leave it on the table.
• Item 7. Report of Council Committees
None.
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#em 8. Elections
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None.
Item 9. Public Hearin s
• 1. PH-2013-9(TOR-2013-6) —An Ordinance to Amend the Code of the
Town of Agawam Zoning Ordinances by§180 Article XVI(Residence A-6;
Low Density Multi-Family Community)(Planning Board)(Referred to
Legislative Committee) (Tabled on 6/3/13 to 7/8/13)
President Johnson — The matter is currently on the table. Is there a Motion to remove
• the item from the table? Moved by Councilor Letellier, seconded by Councilor Rossi.
All in favor of taking the item off the table say Ay? Any opposed? The item is off the
table. At this point, the Chair will open the Public Hearing. Anyone wishing to speak in
favor of the proposed Ordinance amendment can approach the microphone and state your
name and address and address the Council in favor, so the Public Hearing is open.
• Anyone wishing to speak in favor?
Mark Benoit — Mr. President, my name is Mark Benoit. I live at 21 Alexander Drive
here in Agawam and I would like to speak to this Zoning Amendment as both a citizen
and an interested party in the change, the additional zoning change. This new zone, A-6,
• would be good for the town in that it provides the town with an additional zoning tool to
encourage very nice residential-style condominium development in town, low-density
with a single-family type sub-division feel as opposed to the condominiums that have
traditionally been built that are more like apartment complexes so I think that in general
creating a zone A-6 is good for the town because it provides that tool and I think over
time will bring about some very nice residential development. I speak as an interested
party because my partner who is here as well, Ben Sumer, and I own the property on
South Street, 194 South Street, that was zoned and approved as an over 55 community a
number of years ago by the town. We would like to, we're in the process of putting a
plan together and a schedule together to develop that property but we'd like to do so as a
non-age restricted property because we think the non-age restricted condominium market
• is fairly healthy and getting better and the over-55 market disappeared with the housing
bust and the reduction in equity that people have in their homes so what we plan on doing
if this new zone A-6 is approved by the town is to petition for our property to be rezoned
as A-6. It would be the same development as the over-55 that was approved without the
age restriction and we feel that that would be, has the potential to be very successful and
• be a very nice addition to the residential base of the town. But the item at hand,just the
addition of the zone A-6, we think, I think, would be a great asset to the town because it
provides a tool for additional development that would be very attractive and a good
addition to the residential base of the town. So I encourage the Council to approve the
amendment.
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President Johnson —Anyone else wishing to address the Council in favor of TOR-2013-
6? Seeing none, anyone wishing to speak in opposition? Anyone wishing to be recorded
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in name only in favor? Anyone wishing to be recorded in name only in opposition?
Seeing none, I close the Public Hearing. Do we have a Motion to approve the first
reading of TOR-2013-6? Moved by Councilor Cavallo, seconded by Councilor Cichetti.
The item was referred to the Legislative Sub-Committee, I'd ask Councilor Cichetti for
the report.
Councilor Cichetti -- Thank you Mr. President. On June 26t', the Legislative Sub-
Committee did meet. Those present were myself, Councilor Letellier, Councilor Rossi
and Councilor Bitzas. Councilor Cavailo was out of town. Also in attendance were
Councilor Joe Mineo and Councilor Don Rheault, Mark Benoit, Ben Sumer, Rob
Leveque and Ralph Depalma. We called the meeting to order at 6:30. There was a little
bit of discussion on this ordinance and zone change. The Planning Board is sending a
positive recommendation for passage of this item. We did go over the differences
• between A-5 and the A-6 which is really just doing away with the age restriction and that
the units are gonna be basically under$300,000 per unit and that was about it and we just
talked about the differences of the A-3 where it would be 240 units per land. The sub-
committee did send a 4-0 positive recommendation to the entire Council. Thank you.
• President Johnson —Questions or discussion on TOR-20I3-6? Councilor Bitzas?
Councilor Bitzas — Thank you Mr. President. I attended the meeting as a member of
Zoning Committee. I feel that this is, this zoning amendment, is very fair for every
development. It takes the politics out if it goes special permits or Zoning Board of
Appeals or any of the city boards so it makes very, very clear and very fair to enforce. So
I think it's a good amendment and it's fair for every development and everybody should
treat it fairly and equal. Thank you.
President Johnson--Councilor Calabrese then Councilor Magovern?
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Councilor Calabrese -- Yes, hi, I apologize if I've missed language with regard to the
treatment of solid waste removal but can someone address that because I do have a
Community Relations Sub-Committee meeting coming up on Wednesday with regard to
solid waste removal and condominiums and I'm wondering if that issue has been
addressed here and again, I apologize if I've missed any provisions with regard to that.
President Johnson — I don't know that there's a provision in this particular zoning
ordinance amendment that deals with that particular issue. Councilor Magovern?
Councilor Magovern — I just want to say that I remember when that zone change
# originally came to the Council several years ago and I've been driving by that lot ever
since and it's just degenerated into a weed bed and very, very unattractive and I've been
anxiously awaiting something to happen that would improve upon that lot and I'm
excited about this particular proposal. I think it's gonna do great things for the town. It's
gonna open it up to a new class of housing and the most important factor of all, it's gonna
• bring more taxes into town. We have to improve our tax base if we're gonna keep our
taxes low and I think that this particular development would generate many thousands of
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dollars in taxes which we do not have at the present time so I'm totally one hundred
percent in favor of this proposal.
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President Johnson — Other questions or discussion? Stepping from the Chair, there's a
typo on the third page of what's entitled "Exhibit A". If you look right at the top, it says
amended 12/4/06 by TOR-2006-I2 — I believe they were cutting and pasting from the
Senior Housing Ordinance and they left that line in there so I would make a Motion to
• strike that from the Ordinance amendment because if we pass it with it, then General
Code will just put it in there. We have a Motion made and seconded to strike the typo
"amended 12/4/06 by TOR-2006-12", if you're in favor of the amendment, vote yes. If
you're opposed, vote no. I'd ask Barbara to call the roll please?
ROLL CALL— 11 YES,0 NO
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President Johnson —With eleven yes, we've approved the amendment. Now we are on
TOR-2013-6 as amended, this is the first reading. Any other discussion? Seeing none,
eight votes are required to pass the first reading. I'd ask Barbara to call the roll please?
• ROLL CALL— 10 YES, 0 NO, 1 ABSTENTION (Councilor Calabrese)
President Johnson — With ten yes, one abstention, you've approved the first reading.
The item will go on to our next Agenda for the second and final reading.
2. PH-2013-9 (ZC-2013-2) -A Petition for Zone Change for Parcel
Owned by NWST,LLC located at 26 North Westfield Street(Referred to
Legislative Committee) (Tabled on 6/3/13 to 7/8/13)
President Johnson — The item is on the table. Is there a Motion to remove it from the
table? Moved by Councilor Letellier, seconded by Councilor Rheault. All in favor of
removing the item from the table say Ay? Any opposed? The item is off the table. I'm
informing the Council that I am a property owner in almost immediate vicinity of these
properties. I've talked to the Ethics Commission. They indicate that's it's permissible
for me to conduct the Public Hearings but I will be abstaining from the vote because if
you look on the map, I can point out where the parcels that I own are so if anyone has
objection, I'll turn the microphone and the Public Hearing over to the Vice President but
they've assured me that I can run the Public Hearing but to avoid the appearance of
impropriety, I should abstain from voting on the next three items. Without objection, at
this point, I'll declare the Public Hearing open on ZC-2013-2, a Petition for Zone Change
for parcel owned by NWST, LLC located at 26 North Westfield Street. If you're in favor
• of the Petition, I'd ask you to come forward, state your name and address and you may
address the Council.
Councilor Letellier—If I may, Point of Order, prior to the opening of the Public Hearing—does
it make sense to consolidate the Public Hearing on all three matters?
• President Johnson —My concern is more from the standpoint of if someone were to ever
challenge these—
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Councilor Letellier -you want three separate votes.
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President Johnson — I would rather to be in a position to defend it by saying three
separate Public Hearings were conducted rather than combining them into one.
Councilor Letellier— I understand. That's fine, my thought was we could do the Public
Hearing and then do a vote on each Agenda item but I will defer to Council President.
President Johnson — Yeah, and that's why when we sent out the abutter notices, we sent
out three separate abutter notices as well just to make sure that there wasn't any question
that there are three separate zone changes before us.
Councilor Letellier--Okay, understood. Thank you.
President Johnson -- So the Public Hearing is open. I see a gentleman at the
microphone. I'd ask you to state your name and address and the floor is yours.
• Rob Leveque — Thank you. For the record, I'm Rob Leveque from R. Leveque
Associates, here this evening representing North Westfield Street LLC or NWST, LLC.
The first zone change before you is for 26 North Westfield Street which is Parcel Eta 2
14. If it pleases the Council, what I'd like to do is show you on the map, I'll go through a
brief presentation of all the zone changes and then when we do the other Public Hearings,
it'll basically all be said by that point. I'll just show you very quickly. You should all
have an l l x 17 copy of this plan on your desk, okay, if you look at the white portion of
the map that's zoned Agricultural, you'll see that there's actually three separate parcels
that make up that rear portion. There's three parcels involved here. The front portion of
the two southerly parcels are in fact already zoned Business. The northerly parcel, the
front, is zoned Residence A-2 and then the rear portion is zoned Agricultural. So the goal
here is to basically take all of the property that the applicant owns, three different
properties, and zone it so that it's all Business, okay? So the front portion that I'll point
to here in pink which is A-2 would be rezoned to Business. The Agricultural zone would
also be rezoned so the specific parcel that we're talking about right now is this one, the
+ southerly most parcel and that should be labeled on your plan. So that's it generally.
We've been to the Planning Board. We've had a unanimous vote from the Planning
Board with regard to the zone change. We have shown the Planning Board some
conceptuals as well as the Conservation Commission conceptuals about what we would
like to do. One of the driving forces behind the zone change was based on a request from
the Planning Department who asked that we put the building towards the street because
of the Historic District that's pending in this area. They thought that the building towards
the street would be more applicable to the surrounding uses as well as more esthetic. So
we've considered that, the applicant, North Westfield Street LLC, is willing to pursue
that and as part of that pursuit, it was felt that the adjacent property where the Health
Club is could be utilized and combined so that we have circulation back and forth
• between the two parcels. You cannot do that without the zone change that we're
proposing this evening. Thank you.
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President Johnson — Anyone else wishing to speak in favor of the zone change?
Anyone wishing to speak in opposition to the zone change? Anyone wishing to be
recorded in name only in favor of the zone change? Anyone wishing to be recorded in
name only in opposition to the zone change? Seeing none, I declare the Public Hearing
closed. We have before ZC-2013-2, a Petition for Zone Change for parcel owned by
NWST, LLC located at 26 North Westfield Street, is there a Motion to approve? Moved
by Councilor Mineo, seconded by Councilor Cichetti. This item was also referred to the
Legislative Sub-Committee, I'd ask Councilor Cichetti for his report and maybe he can
combine all three into a single report?
Councilor Cichetti — Thank you Mr. President and I will do that. Again, on June 26,
2013 those present were myself, Councilor Letellier, Councilors Rossi and Bitzas,
Councilor Cavallo was absent on vacation. Also in attendance, Councilors Mineo,
Rheault, Mark Benoit was there, Ben Sumer, Rob Leveque and Ralph Depalma. We did
meet about this and we did handle them as one, the three of them. Mr. Depalma was
there and stated that Ms. Dachos had requested him to put the parking lot in the back with
the driveway connecting to the street and they were going to try to utilize some of Fitness
• First's parking lot to sort of put it all in the rear. The building he is looking to build is
going to be about 10,000 to 12,000 square feet and our sub-committee did take a vote, 4-
0 in favor to send a positive recommendation to the Full Council. Thank you.
President Johnson — Thank you. Questions or discussion on ZC-2013-2? Seeing none,
if you're in favor of the zone change, vote yes. If you're opposed, vote no. Eight votes
are required. I'd ask Barbara to call the roll please?
ROLL CALL— 10 YES, 0 NO, 1 ABSTENTION (Council President Johnson)
President Johnson — With a vote of ten yes and one abstention, you've approved ZC-
2013-2.
3. PH-2013-10(ZC-2013-3) -A Petition for Zone Change for Parcel
Owned by NWST,LLC located at 32 North Westfield Street(Referred to
Legislative Committee) (Tabled on 6/3/13 to 7/8/13)
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President Johnson — The item is currently on the table. Is there a Motion to remove it
from the table? Moved by Councilor Magovern, seconded by Councilor Rheault. All in
favor of taking it off the table say Ay? Any opposed? The item is off the table. At this
point, the Chair will open the Public Hearing on ZC-2013-3. Anyone else wishing to
speak in favor of the proposed zone change for the parcel at 32 North Westfield Street
may approach?
Rob Leveque — Good evening. Again, Rob Leveque for the applicant. I'm here to
answer any questions you may have on this one but generally the same thing. Thank you.
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President Johnson — Anyone else wishing to speak in favor of the proposed zone
change? Anyone wishing to speak in opposition to the zone change? Anyone wishing to
be recorded in name only in favor of the zone change? Anyone wishing to be recorded in
name only in opposition to the zone change? Seeing none, I declare the Public Hearing
closed. We have before ZC-2013-3, a Petition for Zone Change for parcel owned by
NWST, LLC. located at 32 North Westfield Street, is there a Motion to approve? Moved
by Councilor Mineo, seconded by Councilor Rheault, questions or discussion? Seeing
none, if you're in favor of the zone change, vote yes. If you're opposed, vote no. Eight
votes are required. I'd ask Barbara to call the roll please?
ROLL CALL—10 YES, 0 NO, 1 ABSTENTION (Council President Johnson)
President Johnson — With a vote of ten yes and one abstention, you've approved ZC-
0 2013-3.
4. PH-2013-11 (ZC-2013-4) -A Petition for Zone Change for Parcel
Owned by NWST,LLC located at 38 North Westfield Street(Referred to
Legislative Committee)(Tabled on 6/3/13 to 7/8/13)
President Johnson—Is there a Motion to remove it from the table? Moved by Councilor
Letellier, seconded by Councilor Cichetti. All in favor of taking it off the table say Ay?
Any opposed? It's unanimous. I will open the Public Hearing on ZC-2013-4, a Petition
for Zone Change for Parcel owned by NWST, LLC located at 38 North Westfield Street.
Anyone else wishing to speak in favor may approach?
Rob Leveque—Rob Leveque for the applicant, in favor. Thank you.
President Johnson — Anyone else wishing to speak in favor of the zone change?
Anyone wishing to speak in opposition to the zone change? Anyone wishing to be
0 recorded in name only in favor of the zone change? Anyone wishing to be recorded in
name only in opposition to the zone change? Seeing none, I declare the Public Hearing
closed. Is there a Motion to approve ZC-2013-4? Moved by Councilor Cavallo,
seconded by Councilors Rheault and Letellier, questions or discussion? If you're in favor
of the zone change, vote yes. If you're opposed, vote no. Eight votes are required. I'd
• ask Barbara to call the roll please?
ROLL CALL— 10 YES, 0 NO, 1 ABSTENTION (Council President Johnson)
President Johnson — With a vote of ten yes and one abstention, you've approved ZC-
2013-4.
Item 10. Old 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
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Westfield Street,Feeding Hills, MA. (Council)(Referred to Administrative
Committee) (Tabled on 6/17/13)
President Johnson —Just for the Council's information, I'm working on the Agreement.
I hope to have it finalized so we can have an Admin Sub-Committee meeting before our
August meeting and get this item approved hopefully at that time. So I would ask that the
item remain on the table.
Councilor Rheault—Motion to leave it on the table.
President Johnson — We have a Motion to leave it on the table by Councilor Rheault,
seconded by Councilor Cichetti. All in favor of leaving it on the table, say Ay? Any
opposed? The item will remain on the table.
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Item 11. New Business
None.
Item 12. Any other matter that may legally come before the City Council.
President Johnson—We'Il start this evening with Councilor Letellier.
Councilor Letellier—Nothing thank you. Everyone have a nice safe and happy summer.
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President Johnson—Thank you. Councilor Rossi?
Councilor Rossi — Yes, thank you. Barbara, would you contact the Superintendent
Golba and have him get a hold of Tighe & Bond. The Admin Committee would like to
schedule a meeting at some point on the sewer project and we're interested in cutting the
project in half on Phase 2 and I want to try to get a, Golba mentioned something to me
about an added cost. I believe that all the costs have already been paid for the designing
and engineering for that entire phase but if there would be an additional cost to have
Tighe & Bond come there at the meeting, would he please advise this committee so that
• we can schedule something. Thank you.
President Johnson —Councilor Mineo?
Councilor Mineo —Nothing this evening other than I will not be at the next meeting in
August. I will be away on vacation with my family.
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President Johnson—Sounds good. Councilor Magovern?
Councilor Magovern — Very quickly. I just hope that everybody had a great Fourth of
July and remember the reason that we celebrate it and also my wishes and prayers go out
• to the Hadden and the Ayre family for their daughter and niece down in Brazil and I'm
sure CeCe will talk about it again in case somebody tuned in late, if we are on air which
I'm not sure but I just hope that everything can be resolved. It's a very, very, very trying
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circumstance and this is an Agawam family totally with several aunts, several family
members here in town so please if you know anybody in the federal government, pass
• along a word and a nudge. Thank you very much.
President Johnson—Councilor Rheault?
Councilor Rheault—Nothing this evening.
President Johnson—Councilor Perry?
Councilor Perry—Nothing this evening, Mr. President.
President Johnson—Councilor Cichetti?
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Councilor Cichetti—Nothing this evening.
President Johnson—Councilor Calabrese?
• Councilor Calabrese—Ah;yeah, real quick, Barbara? Could you just do a memo to Mr.
Benoit and ask him specifically how they anticipate handling removal of solid waste and
Joann, thank you so much for being here tonight and speaking on behalf of Shauna and
Ava. I know you and I are probably gonna be working pretty closely together. Thank
you. Have a great summer everyone.
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President Johnson—Councilor Bitzas?
Councilor Bitzas — Thank you Mr. President. TR-2013-30 a Resolution entering into a
Memorandum of Understanding for Emergency Transportation—now we table again and
discuss last time. This is a very, very important because we play with the lives of the
elderly and the young in emergencies. I think we should have one month to act next
month in August. I don't think we have any excuse. I didn't object to the table, maybe
we have more questions but I would appreciate if the whole councilors have their
questions answered, in August we should for it one way or another. Thank you.
• President Johnson—Councilor Cavallo?
Councilor Cavallo — Yeah, I (off microphone), have a wonderful surnnier and keep cool.
President Johnson —The Chair will entertain a Motion to adjourn. Moved and seconded
across the house, all in favor of adjournment say Ay? Any opposed? We are adjourned.
Thank you.
Adjournment at 7.•32pm.
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