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CC MTG MINUTES MARCH 4 2013 • REGULAR MEETING OF THE AGAWAM CITY COUNCIL • Minutes dated March 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 — 8 PRESENT, 3 ABSENT (Councilors Letellier, Magovern and Perry) i President Johnson — With eight present, we have a quorum. Councilors Letellier and Perry are under the weather this evening. Councilor Magovem is out of state. Item 2. Momenta Silence and the Pled e o Alle ince. i 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 — I'd ask as the speaker approaches to state your name and address and it's limited to five minutes per speaker. First speaker is Corinne Wingard. Corinne Wingard — Good evening. My name is Corinne Wingard. I live at 194 Elm Street in Agawam. Please forgive me reading this as I'm generally very bad at reading • things but I didn't want to leave anything out and I'm speaking tonight regarding the Resolution regarding the Income Tax. I'm here to ask you not to approve this Resolution which was sponsored by Councilor George Bitzas. In April of 2011, Councilor Bitzas introduced and the Council passed a Resolution supporting Local Aid and just this past January, 2013, he introduced and you passed a Resolution opposing state cuts to Local • Aid. Well I'm very sorry but you cannot have it both ways. In the past decade, Massachusetts has lost billions of dollars in revenue harming just about every state program. Since 2000, Agawam has lost 37.8% which is $2.34million in Local Aid — that's what we've lost — because the state does not have enough revenue. Frankly, revenue reform is a very hard sell because people just don't understand it. They hear i `increase income tax' and close their ears to everything else and don't really get the details and understand what it's about. A broad coalition of community groups has presented a proposal similar to the Governor's called an Act to Invest in our Communities. The essence of both proposals is that they raise significantly more new revenue while protecting lower and middle income families by increasing the personal i exemptions so that about half the residents of the state pay the same or less. People earning up to $35,000 pay less. They pay less than they're paying now. People earning up to $60,000 pay the same as they're currently paying on state income tax. For 1 • Agawam, with a median income of$59,453 according to the U.S, census of 2010, most working families in our town will not pay more money but they will reap the benefits of increased state revenue. We all are helped by revenue reform. Think about all the reasons we need more money, how much more is it gonna snow for the state and for our town. I brought a packet of information to the Council Office which I hope you all had the chance to read, included the details, including the Million the Administration has already saved by strong fiscal management and reforms. Cities and towns throughout Massachusetts over the past year including Springfield, Holyoke and Northampton and many others passed Resolutions supporting and Act to Invest in our Community. They support it because they realize we need the money and this is the most fair way to get it. So let's be clear about what you're doing if you support the Bitzas' Resolution instead. If you pass the Resolution, you're voting against the residents of the Agawam Housing Authority because the state will continue to not have enough money to properly maintain those buildings. You would be voting against older residents and those with disabilities who need door to door transportation from PVTA because the costs would go way up as was proposed last year. Last year they proposed raising it from $2.50 to $7.50 each way per trip. You're voting against older residents on waiting lists for in-home care. You're voting against kids for early education programs through higher education funding. • You're voting against resources for Robinson State Park. The list goes on and on. If you vote against increasing the revenue for the state, against increasing the income tax — doing it in a fair way for the state — these are the things you're voting against. You're voting clearly against the best interests of our town. Please amend the Resolution and instead vote to ask the legislature to pass revenue reform to raise a significant amount of new income in a fair way for the good of our town and our Commonwealth and for the future of us all and the children coming behind us. Thank you. President Johnson—Thank you. Next is John Bennett? John Bennett — My name is John Bennett. I live at 15G Mansion Woods here in Agawam. I've been an officer in the Massachusetts Senior Action Council now for ten years. I've talked to seniors throughout the state and I've talked to seniors in Agawam a number of times and I would ask you please not to approve the Resolution to oppose the Governor's income tax proposal. I'm not suggesting that you support it because I don't think the legislators are gonna adopt it anyway. They're gonna be playing around with the whole idea and corning up with something different but there's a principle involved in here that I think all of you should be aware of and that is again, the importance of the state's raising more money so that we can do the things that we need to do. I've talked to seniors and over the last four or five years, we've had to fight a number of things. We fought against the reduction in the senior nutrition program which would have cut out or made more difficult the feeding of seniors in their noontime meals and would also have reduced Meals on Wheels. We're continually fighting against a waiting list for home care for those people who are entitled to it but can't get it because the state doesn't have enough money to provide the services and we are fighting again increases in the cost of the public transportation in this state and we don't even have a bus that goes by the Senior Center so seniors can get there by bus and they have to go by van and now that PVTA last year was proposing they raise the fares to $7.00 each way. We fought against � 2 • this but again it's because of the way in which our local services have been cut. One of my organizations has said the following: "In recent years, the state has cut funding for • educational programs that keep our schools strong, for public colleges, universities and for local aid. We have woefully underfunded roads, public transportation and other public systems and structures that we count on. If you continue down this path, we risk wiggeting (?) the state economy and making Massachusetts a far less attractive place in which to live and do business." The principles involved here is that we need to raise the • income tax. Since 1977 up to 2009, personal taxes as a percent of personal income went down in Massachusetts by the highest percentage in our entire country. It went down by 29%. We need to bring it back up to where it ought to be and to do it in a fair way and the fair way to do it is to raise the income tax to a high enough level and at the same time to provide exemptions for middle and lower class people so that we can raise an additional Million dollars while not affecting the majority of people in Agawam or the • majority of people in the state. It's the principle that's important so I would also endorse what Corinne has said that this body endorse their principle that the State raise the income taxes but in a way that would not affect and not hurt middle income and low income people which I'm sure are the majority of people here in Agawam. So thank you very much. • President Johnson—Thank you. Next is Henry Kozloski? Henry Kozloski — Henry Kozloski, 102 Meadow Street. I'm the Chair of the CPA Committee. I'm here to support the Resolution TR-2013-14. That is a requirement of the CPA fund or Act. In other words, any time you do historical preservation, it does require a restriction so that's what it's here for. So that's what we need it for and we need it also for the grant. Thank you very much. President Johnson—Thank you. Next is Billy Chester? Billy Chester—Good evening. Billy Chester, 320 Barry Street, Feeding Hills. On your Agenda tonight with reference to Mandatory Connections to the public sanitary sewers — I request that you, I hereby request be made that the Council to vote this amendment down tonight and at the next reading if it becomes necessary. The homeowner has the • right to decide whether or not he or she wants to connect to the sewer system — not this Council. The homeowner shall pay; the homeowner should pay for the sewer footage that crosses in front of his property. If you vote this amendment change in, the Council has once again taken away the voter's right to decide on an issue. So I ask that you vote this amendment down. Thank you. • President Johnson—Thank you. Next is Elaine Carlson? Elaine Carlson --Good evening. I'm Elaine Carlson. I live at 122 Brookfield Lane. I, like Corinne who spoke so eloquently before me, I'm here to oppose George Bitzas' Resolution to keep the income tax where it is. I don't have all the facts and figures the • previous speakers had but common sense tells me that we need to increase the taxes. Most people are complaining that their salaries haven't been going up but prices are — 3 • gas, etc, etc —the state's income has been going down and their prices are going up too. They fuel patrol cars with gasoline and heat the State House, etc. etc. To just stay where i we are, we have to increase taxes plus with our new federal government skimping against all the states, they've got less money from the federal government as well. We need to do something about our tax structure. I hate paying taxes just like everybody else but you gotta pay your bills. Thank you. President Johnson—Thank you. Next is Richard Melloni? Richard Melloni — My name is Richard Mellon, 172 School Street in Agawam. I'm here to talk about the School Street Loop. We live on School Street. We've lived there for quite some years. It's a great street. It's got a lot of traffic, a lot of kids up and down that street and for years I've been complaining that maybe we should get a sidewalk of some kind going in there and about a year ago or two years ago, they talked about widening the road and putting in the bike path and sidewalk or whatever they're putting in. From my understanding, it's pretty much just widening the road and putting breakdown lanes in on both sides so if I'm misunderstanding this, I apologize. What I do find a little on the insane side is that it's such a busy street, traffic is at least 55 miles an • hour on that street even though it's supposed to be 35, to put something that would put our kids in harms way is crazy. I don't understand why we can't put a sidewalk in on one side or the other, I have no problem giving up our land to do it but put something in that's safe for the kids and the walkers and the bicyclers. I don't understand why we can't go four feet off the road or two feet off the road, whatever it is, on the opposite side, on my side, I would say the opposite side where the school is now, we already have a sidewalk partially the way down, some of the new streets that we had some building done where there's a couple new streets, Beverly and whatever I think, I forgot the name of the streets, the town mandated them to put sidewalks in down there. I just don't understand it. I'm a little confused if we're not putting sidewalks in off the street to make it safe. Has a traffic study been done on this street? Has anything like that been done like that, that we require every town that tries to build something, Wendy's all those places, did we do a traffic study at all on that street? I understand, I'm sorry, it was an open question. I'm kind of a little concerned. I don't know how much time I got and I could probably talk for two and half hours on all this stuff here, raising we talked real eloquently about raising taxes, raising taxes doesn't solve anything because the more you raise taxes, somebody takes a piece of it. What we need to do is control spending. Spending at the corporate levels or at the Mayor's level — Deval's level, all those levels need to be controlled and it's not. Do I have a specific amount of time? Two more minutes? I'll leave it at that because I've got more gripes than I can shake a stick at. Thank you. • President Johnson—Thank you. Next is Doug Reed? Doug Reed—Thank you. Doug Reed, 10 Shelley Lane, Feeding Hills. This is in regards to the couple of things that you have up here tonight, TOR-2012-4 the amendment to amend the Code for the mandatory sewer hook-ups. I urge you to support this. It's part • of the program that's gonna get this sewer project underway and we've had great discussion about it and to fund this, it's gonna become a necessity to get this going so I'd 4 • urge you to support that. Some other items though that, let's just leave some of these things tabled indefinitely I think, TR-2012-47 we've got more discussion on that, in regards to the funding of that. The TR-2012-55 again let's have that remain. We may consider though and I've rethought my position on this TR-2012-56 a Resolution supporting the creation of a septic repair loan program. If the town is gonna be the intermediary between the agency that would loan the money and the residents that would take advantage of this then let's go for it and we'll give people an opportunity. TR-2012- 62 however, that should remain or it should actually go away. I don't support anything that's gonna use any of the funding that was allocated towards the project to be used for anything but the project and one final thing as a side note, we've always talked about the failures of the systems in the town and how it's going along and there's two more that I'm aware of— 312 Southwick Street. The people put their house up for sale and what was out there — an excavator digging up the whole lawn — so they had to pay for their ! system to be replaced prior to the sale of the home. 96 Red Fox Road, Francis Hoben was here a while back and spoke before the Council and he talked in support of the sewer system. I think if you talked to him now he's gonna support it a lot more. They had considered selling their home to have his wife's mother move in with them. It wasn't big enough;they said well you know we'll get a bigger place. So they had their Title V done. They failed. So now they're in a predicament. They are between do we sell it, pay all this money and enter into a new mortgage and another home or do we not have our mother-in-law move in and stay there? So this is the kind of predicaments. This is real. We're not making this up so we really need to continue to work to get this sewer program done and completed. Thank you. i President Johnson —Thank you. The last speaker is John Cappuccilli? Jahn Cappuccilli — Good evening. My name is John Cappuccilli. I live in 50 Red Fox Drive in Feeding Hills. Again, I'm here to support the mandatory hook-ups for the sewers. I think some of the verbiage has to be changed a little bit. I read through it and it's a little harsh but I think we do need to have mandatory hook-ups, whether we can have grandfathered in over a period of time if somebody just put a new septic system in, the state does give you a two year guarantee on your system so I think I do support mandatory hook-ups but I think we gotta read that resolution through again. Also, I do support a septic loan system. As Doug, my co-partner here was talking about, but that's only, it would be a Band-Aid. In talking to Randy White, a septic system is only good for fifteen years and in this case, after fifteen years, you're gonna have to put a new one in,just a plain fact. Right now the septic systems out there, people are doing things that they shouldn't be doing, getting rid of gray water and actually the town is looking away at that and unfortunately it is creating problems out there. I'm hearing all these good r folks talk about revenue. I'd like to quote Deval Patrick, he says "it's our responsibility as citizens of the Commonwealth of Massachusetts to leave this a better place than we found it". Well, I drive around Agawam a lot. It's not only the Southwest section, our infrastructure is falling apart, roads need repair, the gentleman needs sidewalks over there, people are concerned about cuts for services. I'm falling into that age bracket now and I won't be able to afford a lot of these things after I stop working which is gonna be in another year or so. So I think what we need to do is take a good, hard look at TR- 5 • 2012-47, that's the Phase 2. I think we really need sewers out there. I think we need to help people get them up to a point where they're septic systems will pass until the sewers get there. So again I am in favor of the mandatory hook-up, re-looking at it, put some new verbiage in there that everybody can live with and I am supporting the TR-2012-47 the sewer project in Phase 2. Thank you very much. President Johnson--Thank you. That concludes Citizen's Speak Time. • Item 4. Minutes 1. Regular Council Meeting—February 19,2013 President Johnson — Is there a Motion to approve? Moved by Councilor Cichetti, seconded by Councilor Cavallo. Questions or discussion, corrections of the minutes? 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 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(Tabled Indefinitely)(Mayor) President Johnson — It's my understanding that based on the absences tonight, that there's a desire to leave the next four items which are all sewer and septic related on the table. Well, there's four Resolutions and there's one under Ordinances so seeing no Motions to remove those items from the table,they'll remain. 2. TR-2012-55 -A Resolution Adopting an Order of Public Notice for the Pending Assessment of a Portion of the Cost of Phase 2 of the Southwest Area Sewer Project to the Abutting Land Owners(Tabled Indefinitely) (Administrative Sub-Committee) President Johnson— See Item#1. 3. TR-2012-56 -A Resolution Supporting the Creation of a Septic Repair Loan Program in the City of Agawam (Tabled Indefinitely) (Council President Johnson) President Johnson —See Item#1. 4. TR 2012-62 -A Resolution Amending TR-2008-48 as amended by TR- 2010-05 to Authorize the Use of Funds for a Septic Improvement Loan Program (Tabled Indefinitely) (Mayor) 6 i • President Johnson—See Item #1. + 5. TR-2013-11 -A Resolution Opposing the Increase in Massachusetts State Income Tax by Governor Deval L.Patrick from 5.25% to 6.25% (Councilor Bitzas) President Johnson — Is there a Motion? Moved by Councilor Cavallo, seconded by Councilor Bitzas. Questions or discussion? Councilor Bitzas? • Councilor Bitzas—Yes,Mr. President, can you read the Resolution for the record? President Johnson—As the sponsor, I would ask if you want to read it for the record? • Councilor Bitzas—Thank you. RESOLUTION OPPOSING THE INCREASE IN MASSACHUSETTS STATE INCOME TAX BY GOVERNOR DEVAL L.PA TRICK FROM 5.25% TO 6.25% (Sponsored by Councilor George Bitzas) WHEREAS, during his State of the State address on January 16, 2013, Governor Deval L. Patrick asked the state legislators to approve a hike in the state income tax from 5.25%to 6.25%; and WHEREAS, this increase in our income tax will harm every working person and reduce their weekly pay checks; and WHEREAS,in this difficult economic time, the working people cannot afford another reduction in their paychecks; and WHEREAS, any increase in our income taxes along with unnecessary government spending will not help our already suffering economy; and WHEREAS, the working people have already seen a reduction of their paychecks in January of this year due to the increase in federal taxes; and • WHEREAS, on January 25, 2013, during his speech at the Massachusetts Municipal Association Annual Meeting at the Hynes Convention Center in Boston, Massachusetts, Governor Deval L. Patrick stated he would fight for his tax increase and asked city and town leaders to support this increase; and WHEREAS, as elected officials it is our duty to stand up and take a stand along with the elected officials in the surrounding communities to oppose any income tax increase. • NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby strongly opposes Governor Deval L. Patrick's increase in Massachusetts State income tax from 5.25%to 6.25%and asks that our state legislators oppose it as well. The Agawam City Council further resolves to send a copy of this resolution to Governor Deval L. Patrick, Therese Murray, Madame President of the Senate, and Robert A. DeLeo, Mr. Speaker of the House. • Councilor Bitzas — Thank you Mr. President. With that, I would like to make a short statement that all here we elected officials of any small town or any large city should not stay silent or neutral in any issue local or state that involves our citizens' best interests. As the late Speaker of the House, Tip O'Neil said "All politics are local". In this important issue that Governor Patrick proposed the increase in income taxes for every working person in these very difficult economic times, I'm stand up with this Resolution opposing his tax increase and ask you to do the same. Do not believe the fear tactics that Governor's supporters and some of the speakers presented tonight. We should not stay silent in fear of displeasure displays our Governor or some special interest group in voicing our opposition to this income tax increases. All the working people got last January a reduced paychecks because the two percent less of federal income tax break. It is not fair at all to see all the taxpayers to have their paychecks cut again and again. We, the elected officials, here and in every other city and town, we got elected by the people to represent and be their voices. We all most have the political courage to stand up and publicly oppose or support the tax increases. I do give credit to those state senators and state representatives, Democrats and Republicans, who have the political courage to voice publicly their opposition to tax increases. We pay enough taxes already. We don't need to pay another more tax. House Speaker, Robert DeLeo, a Democrat, he said he heard grave concerns from skeptical lawmakers and constituents about the Governor's plan. Many critics of the Governor's plan say taxpayers are still struggling amid a weak economic recovery and can't afford higher taxes Gale Cantaras another Democrat Senator from Wilbraham said, she's concerned "that Patrick is asking legislators to go 180 degrees in opposite direction of the 2002 when legislators pass a law to freeze in income tax and allow to drop in increments if the economy improves ...rate. I hope we support, we will send a strong message to the State House leadership, our state elected officials and our Governor that we oppose the income tax increases. I hope the elected officials of any city or town should stand up and take a stand, not waiting to the 11" hour to act and then if passes it becomes a law and then they start to complain about it. Tbank you. President Johnson—Other questions or discussion? Councilor Rheault? Councilor Rheault — Yes, this past week I attended the Legislative breakfast held in West Springfield and our representatives from the State and Senate as well as our mayors and our Senator Knapik pleaded with the audience that if you've got 'something on your mind, please let us know, because there's no other way we hear from you. I think in lieu of the Resolution in front of us, it's a way to express our opinion to the state and I would like to see Senator Knapik and Nick Boldyga, the House of Representative's names added to this because they gave, House of Representative Boldyga gave an outstanding presentation on the reason for to hold a line of taxing and basically we're all for important services, there's no question about that but it's been my feeling over the years and years that I've been involved unfortunately the more that you give them, the more they spend and we're all, we're middle-class people or at least this table is. What the middle class takes it on the chin and gets squeezed and squeezed just like everyone else. To support an increase in taxes at this time, I think is out of order; I think that they've got to take a better look at where their spending priorities are. The price of food has gone, • gas has gone up, everything has gone up and those people that I speak with are on fixed incomes and they say Don, where is it gonna come from? So I think you would hurt the economy. I think that it may not be the total answer but I think it would send a rude awakening down to the Governor's office that they better get their house in order as well. i So I will support the Resolution. President Johnson—Councilor Calabrese? Councilor Calabrese—Yes, I'm going to be supporting this Resolution as well. Why is it always okay for the private sector to take a cut in income but it's never okay to ask the government to get their spending in order and get their own financial houses in order. I just think that working families have been taking it on the chin with the astronomical, as Don said, the gas prices, the food prices, my goodness, a gallon of milk, a dozen eggs, where does it end? So I'm going to be supporting this Resolution. Thank you. • President Johnson—Councilor Cavallo? Councilor Cavallo--Yes, I also support Councilor Bitzas' Resolution. You know this is analogous to what's going on in the federal level, you know we were all gonna be, we thought Armageddon was gonna be arriving and it was gonna be the end of the world because of sequestering and today it doesn't seem to be bothering too many people, in fact, it doesn't even bother the President too much because it isn't gonna have too much of an effect on what's going on in this country and I think the state and Patrick is looking at it the same way and I think it's,just looking at when we do our budgets. We look at what we can spend that week and what we can't spend that week. The government, the i state government, has to start getting realistic. This is not going to end. They were mentioning about food, going to Geissler's and Stop& Shop, and you're paying $2.50 for a head of lettuce. It's ridiculous. This is not gonna get better folks and it's about time that we realize that we can't get what we want by raising taxes all the time. We just have to start cutting and not only was your payroll tax increased by 2% but your Social Security tax was increased by 2%. So it doesn't end and when you hear about they're gonna look at Social Security which all of us of course looks forward to as a source of retirement and they look at trying to do something with the Medicare which they didn't do with this last sequestering, what are they gonna do at the State level? I just read the municipal magazine that came through that comes from the state and it talks about looking at the pension system and also looking more importantly about what we're gonna i do about health for municipal employees and the premiums and the costs. So I really think that I'm not a big fan of increasing taxes and believe me because I think increasing taxes does not solve the problem. Sitting down and looking at the books is what solves the problem and knowing what you can live with and what you can't live with. Thank you. i President Johnson—Councilor Rossi? Councilor Rossi—Thank you. I don't think anybody is ever in favor of raising taxes. I mean who is in favor of raising taxes? But I think something really needs to be done and if you don't raise these taxes, the money has to come from somewhere. Unfortunately in government, it comes from taxpayers. That's where our money comes from. We have to 9 • control spending is what we really need to do and if we don't get these increases to come in there, some of the funding is gonna be cut and some of the people are gonna get left • behind and the real tragedy of that is not gonna be the top of the food chain, it's gonna be the bottom of the food chain that gets hurt by all of this. I think and I don't know if this one percent is really gonna be the answer. I think they have to look at it but in terms of us here, the Agawam City Council, sending a resolution to the government in Boston, well I commend them for their enthusiasm but I think it's somewhat misplaced. If we're gonna start something, let us start here. Let us start right here in Agawam. Let's cut the 0 spending here. Let's try to get more money in our pockets for our citizens in Agawam instead of worrying about what he's gonna do and I'm not saying, I shouldn't say that,we should worry about what they're doing there and I think we have a right and a responsibility to question what they're doing out there but I think here in Agawam is the most important thing. We have a budget process that's going on right now and I don't know about any other councilor here but I haven't been made privy to any of those things that are going on and this is the legislative branch of government. The School Department is in the process of putting a budget together and I don't know of anybody on this Council that's been involved in that process as well. Overspending is a real problem because it's easy to go out and raise your taxes but the problem with that is eventually we're gonna run out of people or paper to print it on. We just can't keep raising taxes after taxes after taxes. But I think in this situation over here, I think at this point in time I think it's best to sit back and wait and just to see what's gonna play out. As I said, I don't think it's gonna make much of a difference one way or another but I just think too many people are gonna get hurt, too many people that really need the money and I think there's some points well taken down here from our speakers and I think those are the people that we need to protect at least right now. I'm going to be voting negative on this. President Johnson--Councilor Mineo? Councilor Mineo—I just wanted to let it be said that I will not be in favor of this. I think when it comes to budget time, we're never getting enough local aid, we have people that come before us, they don't want cuts, they don't want cuts and again, I don't think this 1.25% is gonna make that much of a difference and I really do believe that we are going to be hurting people in Agawam so again, I'm going to be sending a negative recommendation on this. I can't support it. • President Johnson — Stepping from the Chair briefly, I applaud the Governor because he's the only governor in recent memory that's had the political courage to propose a change in the tax structure. This is just one part of what a part of his budget plan. The other part was to reduce the sales tax and dedicate it towards certain purposes. While I • don't support the increase in the income tax, I do support the fact that at least those items will now hopefully be discussed at the legislative level in Boston because the tax structure that currently exists is over-complicated number one, number two it's unnecessarily burdensome on senior citizens and those who pay property taxes. As the state revenue suffers, the local aid goes down to the cities and towns and the cities and towns are forced to raise real estate taxes. Real estate taxes are amongst the most regressive form of taxation there is because it's not income-dependent and so I applaud 10 • • Governor Patrick for hopefully framing the discussion. I can't unfortunately support the Resolution, not because I favor the increase because I don't, but because I want the legislature to have a free and open discussion regarding whether or not we should change the tax structure in Massachusetts, something I think that's long, long overdue and frankly I would hope that the legislature would look at if they're going to earmark funding, earmark funding for local services. While transportation, infrastructure is important, so are local services and not part of the Governor's plan was, he proposed earmarking sales tax to go to transportation and education, I believe that there should be an earmark for local services so that we take the burden off the property tax roles and make it a more progressive instead of regressive tax system. With that 1 think everyone's had the opportunity — any further discussion? If you're in favor of the Resolution, vote yes; if you're opposed, vote no. • Councilor Rheault—I move to amend to add the two names. President Johnson — Councilor Rheault is moving to amend to add `that a copy of the Resolution to be also sent to Senator Knapik and to Representative Boldyga'. Motion to amend made by Councilor Rheault, seconded by Councilor Bitzas. All those in favor of • the amendment say Ay? Any opposed? The amendment is passed. We're down to the main Motion as amended. If you're in favor of the main Motion as amended, please vote yes— Councilor Bitzas--Mr. President? Can we discuss it? • President Johnson--The discussion has ended George. We've spent twenty minutes on it. I think everyone's had their opportunity. If you're in favor of the Resolution as amended,vote yes; if you're opposed, vote no. • ROLL CALL — 5 YES (Councilors Bitzas, Calabrese, Cavallo, Cichetti and Rheault), 3 NO (Councilors Johnson, Mineo and Rossi), 3 ABSENT (Councilors Letellier,Magovern and Perry) Councilor Mineo—I'm sorry, I meant no. I'm sorry—can I take that back? I meant no! • President Johnson —Please reflect Councilor Mineo's vote as no. I was confused by it when he said it but— President Johnson —With a vote of five yes, we've passed the Resolution, as a majority of those present and voting. • Councilor Bitzas —Thank you. i 11 • 6. TR-2013-12 -A Resolution authorizing the Acceptance of Donations of Temporary and Permanent Easements for the Construction and • Maintenance of the Connecticut River Walk Loop Project(Referred to Community Relations Committee) (Mayor) President Johnson — The Chair would entertain a Motion to table this item to our next Agenda since that is when the Public Hearing with its companion item is scheduled. We have a Motion to table by Councilor Calabrese, seconded by Councilors Bitzas and • Rheault. All in favor of tabling say Ay? Opposed? The item is tabled to our next Agenda. 7. TR-2013-14 -A Resolution authorizing the Placement of Historic Restriction on a Portion of School Street Park(Mayor) 0 President Johnson -- Is there a Motion? Moved by Councilor Cavallo, seconded by Councilor Rheault. Questions or discussion? Councilor Mineo? Councilor Mineo — Yeah, I would like to make an amendment, to amend this in • paragraph 9 where it says "Now therefore the Agawam City Council hereby resolves" subject to receipt by the Town of Agawam of a grant in the amount of$1 00,000 from the Mass Historic Commission convey a perpetual historical preservation restriction encumbering, oh I'm sorry, Historic Commission on School Street Park land and barn building to the Commonwealth of Massachusetts by through the Massachusetts Historical Commission on such terms and conditions and for such consideration as the Mayor • deems appropriate. President Johnson —We have a Motion to amend. Is there a second to the amendment? The amendment adds language that the placement of the restriction is subject to us receiving the grant from the Mass Historical Commission. Is there a second on the 0 amendment? Motion to amend made by Councilor Mineo, seconded by Councilors Cichetti and Cavallo. Questions or discussion on the amendment? Seeing none, all those in favor of the amendment say Ay? Any opposed? The amendment has passed. Back to the main Motion as amended. Seeing none, for the councilors' information, I discussed that amendment with the Town Attorney this morning and he agreed that it was proper to place and since our CPA funding is subject to the receipt of the state Historical grant, the restriction should be subject to it as well. If you're in favor of TR-2013-14, vote yes; if you're opposed,vote no. I'd ask Barbara to call the roll please? ROLL CALL — S YES, 0 NO, 3 ABSENT (Councilors Letellier, Magovern and • Perry) President Johnson—With a vote of eight yes, we've approved TR-2013-14 as amended. Item 7. Report of Council Committees None. 12 0 Item 8. Elections None. Item 9. Public Hearinss 1. PH-2013-2 (TR-2013-13) -(Public Hearing Date Set for March 18, 2013)A Resolution authorizing the Adoption of Orders of Taking for the Connecticut River Walk Loop under the Authority of Section 14 of Chapter 40, and Chapter 79 and Chapter 84 of the Massachusetts General Laws for the Construction and Maintenance of the Connecticut River Walk Loop (Referred to Community Relations Committee) (Mayor) President Johnson — That'll also go on to our next Agenda and I'll wait until the next Agenda to get the report from the Community Relations Sub-Committee on that item. Just for the Councilors' information, the item has been sent to the state for its comments, they've made some technical amendments and are in the process of making some technical amendments to the item so the Law Department expects to get us the final version of it prior to the March 18t` Public Hearing but there will be minor changes to it that are language changes mostly to comply with what the state wants. Actually the Chair would entertain a Motion to table TR-2013-13 to our next meeting. Motion to table made by Councilor Cavallo, seconded by Councilor Rossi. All in favor of tabling say Ay? Any opposed? The item is tabled to our next Agenda. Item 10. Old Business 1. TOR-2012-4 -An Ordinance to Amend the Code of the Town of Agawam Chapter 175 entitled "Water and Sewers"by adding Article XIII entitled "Mandatory Connection to Public Sanitary Sewers"(Tabled Indefinitely) (Two readings required)(Council President Johnson) President Johnson — I believe there's consensus to leave that item on the table. (See Item#1 under Presentation of Petitions, Memorials &Remonstrances.) 2. TO-2013-6 -An Order Granting or Renewing LICENSE for a Class 2 Dealer(s)-Town Motors II,393 Main Street,Agawam,MA(Referred to Administrative Committee)(Clerk) President Johnson—Is there a Motion relative to TO-2013-6? • Councilor Rossi -- I want to make a Motion that we put this on the table, there was a hitch in the application and it's gonna have to be reviewed. The committee was just recently advised of some paperwork that came in and we'll have to re-open it with the applicant. 0 President Johnson — So we have a Motion to table TO-2013-6, is there a second? Motion made by Councilor Rossi, seconded by Councilors Cichetti and Rheault. All in favor of tabling TO-2013-6 say Ay? Any opposed? The item is on the table. 13 0 3. TO-2013-7 -An Order Granting or Renewing LICENSE for a Class 2 Dealer(s)—Richard Conlon,Jr. dlb/a Motor City Car Co.,91 Ramah Circle, . Agawam,MA(Referred to Administrative Committee)(Clerk) President Johnson — Is there a Motion? Moved by Councilor Rossi, seconded by Councilor Rheault. The matter was referred to the Admin Sub-Committee, Councilor Rossi? Councilor Rossi — Yes, thank you. The Admin Committee met and voted to send, unanimously voted to send a positive recommendation for a granting of the renewal of the license. President Johnson—Any other questions or discussion on TO-2013-7? Seeing none, all * those in favor say Ay? Any opposed? It's unanimous. 4. TO-2013-8 -Budgetary Transfer$14,000.00 from Line Items Reserve Fund(#16605-57300) to the Town Clerk Regular Temporary (#11611-51020) for the Special Elections on April 30,2013 and also June 25,2013 (Mayor) President Johnson -- Is there a Motion? Moved by Councilor Rheault, seconded by Councilor Rossi. Questions or discussion on the transfer obviously necessitated by this Senate special elections that are coming up. Seeing none, all those in favor of TO-2013-8 say Ay? Any opposed? It's unanimous. Item IL New Business 1. TOR-2013-1 (PH-2013-3) -An Ordinance to Amend the Code of the Town of Agawam Zoning Ordinances §180-29"Article IV.Residence A-3 Districts Use Restrictions"—Set Public hearing Date—Suggest April 1,2013 * (Planning Board) President Johnson — We need to set a Public Hearing date and this matter will be referred to the Legislative Sub-Committee. I don't know if we wanna have the public hearing as quick as our first April meeting or whether we want to consider pushing it to • our second April meeting? Councilor Rheault suggests the second April meeting and I would agree so I would suggest that we set it the Public Hearing on that at our second April meeting. That gives the Legislative Sub-Committee time to work on it. 2. TR-2013-15 -A Resolution authorizing the posting of the warrant for the State Primary Election on April 30,2013 and the State Election on June 25, 2013 (Mayor) President Johnson—That'll go on to our next Agenda. 3. TR-2013-16 -A Resolution authorizing the Town of Agawam to expend funds in excess of available appropriations for snow and ice removal (Mayor) 14 1• • President Johnson — I think that that can go on to our next Agenda and it's somewhat self-explanatory. I don't think it needs to go to a sub-committee. 4. TO-2013-9 -An Order Granting or Renewing a LICENSE for a Class 2 Dealer(s)—Zielinski Brothers H, 218 Shoemaker Lane,Agawam,MA (Clerk) President Johnson—That'll be referred to the Admin Sub-Committee. • Item 12. Any other matter that may le-eally came before the City Council President Johnson—Councilor Rossi? Councilor Rossi—Nothing this evening. President Johnson —Councilor Mineo? Councilor Mineo—Nothing this evening. ! President Johnson—Councilor Rheault? Councilor Rheault—Nothing. President Johnson—Councilor Cichetti? Councilor Cichetti — Barb, could you just line up a time and place for that meeting for me please? Thank you—for Legislative. President Johnson—Councilor Calabrese? • Councilor Calabrese—Good luck to Rosie and WPI this weekend and congratulations to the Mighty Mechanics which is the smaller FTC team; they took home some pretty high honors at their regional last weekend. • President Johnson—Councilor Bitzas? Councilor Bitzas — Yes, I would like to thank those five majority of the Council for supporting the Resolution not to increase the taxes from 5.25% to 6.25%. That Resolution just for the record was just only for that income tax increase and our state has • a spending problem not a revenue problem. We have a six states in our country that have no income taxes - President Johnson — George, this is `Any other business', the item has already been passed. • Councilor Bitzas—Just for Under New Business, in New Jersey for example - 15 0 • President Johnson — George, again, this is `Any other business' that item has been passed. Discussion on that item is over. Councilor Bitzas — I'd like to thank again all the Councilor who voted to support and I appreciate that and the country appreciates it. President Johnson—Councilor Cavallo? • Councilor Cavallo — Yes, I'd like to make an announcement that the School Budget Sub-Committee meeting will be this Thursday. I gave you all an itinerary or a list of the dates that the Budget Finance Sub-Committee with the principals, directors and Central Office Administration, that's gonna be at 5:00. Councilor Mineo, I tried but they had already set it for that date but I think if you knew ahead of time—okay, fine,hopefully— • Councilor Mineo —Thursday at 5 is fine. The only night that I work late is Wednesday night. I will be there. Councilor Cavallo — No, I'm just glad that I accommodated, or they tried to • accommodate everybody and I just gotta say that— Councilor Mineo—And I do appreciate that. Councilor Cavallo — I did meet of course on the fifth of February with the • Superintendent of Schools and their committee and all they did was give me this and gave me an outline of some of the problems they're gonna be facing so we have started some kind of a negotiations with them obviously not with their contract but finding out what is coming up in the budget. Just a reminder, that also to the public this meeting is open to the public as well on the 7d'. On the 26h, that is the meeting that is going to be held in this room and in that meeting, the City Council School Budget Sub-Committee, the public is invited and we're gonna talk with the School Committee their budget. They're gonna go through it line item by line item and then we're looking at the, I'm sorry, that's the 13a`, the 26 h the School Committee is gonna have a Public Hearing on their budget and the public is invited then, that's at 6:00 so there are three important meetings coming up and remember the School Budget constitutes a great big part of our • town budget so you certainly may want to be aware of what's going on there as well. Okay,thank you very much, Mr. President. President Johnson—Thank you. With that the Chair will entertain a Motion to adjourn? All in favor? We are adjourned. • Adjournment at 7:54pm. • 16 •