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CC MTG MINUTES OCTOBER 9 2013 • REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated October 9, 2013 President Johnson—I'd ask Barbara to call the roll please? Item 1. Roll Call • President Johnson — 11 PRESENT, 0 ABSENT President Johnson—With eleven present, we have a quorum. Item 2. Momenta Silence and the Pled e o Alle fiance. President Johnson — I'd ask everyone to rise for a moment of silence and Pledge of Allegiance please? Item 3. Citizen's Sneak Time President Johnson — I'd ask speakers to approach and state their name and address and remember that they're limited to five minutes. First is Linda Galarneau? Linda Galarneau -- Linda Galarneau, 24 Sycamore Terrace, Agawam. Good evening Mr. President and Council members. I'm here tonight as a School Committee member to respectfully ask that the Council vote in favor of Resolution TR-2013-45 to accept the CPA approved funds of S20,000 for the development of the master plan for the new track facility at the High School. It is important that CPA funds are approved tonight because it will allow the town to take the first step toward securing a new track facility for the High School and our athletes. Thank you. President Johnson—Thank you. Next is Shelley Reed? Shelley Borgatti-Reed — I'm Shelley Borgatti-Reed, 10 Shelley Lane, Feeding Hills. • I'm also here to support the CPA appropriation to get the ball rolling on a new track and field and the tennis courts for our High School. The tennis courts from I'm told can't even be used this year for tennis matches and I think the whole facility right now is an embarrassment to our town and we need to address it right away. Thank you. President Johnson—Thank you. Next is Wendy Rua? Wendy Rua — Good evening. Wendy Rua, 173 North Westfield Street and I'm here also to support the CPA funding for the track. I agree with what has been said already to get the ball rolling. I'll tell you when I'm out in the community just talking to people, one of the questions I get asked the most is what's happening with our track? It is an embarrassment, I agree with what Shelley just said, but the track is also a place of community. I've walked the Southwick track and I do see what community feeling 1 • • happens over there when families get to walk the track. The track is certainly about our athletes and everything that happens over there and the pride of our town but it also is a place where everyone from Agawam can communally get together and walk and appreciate what our town has to offer. The tennis courts as well, so while it certainly one thousand percent I support what it does for the athletes, I also support what it does for our community. So thank you very much. • President Johnson—Thank you. Next is Corinne Wingard? Corinne Wingard —Thank you. My name is Corinne Wingard. I live at 194 Elm Street in Agawam and I am a member of the Community Preservation Act Committee so I'm here to ask you to please authorize the expenditure we recommended for the track. They did an excellent presentation. I know many of you were there that evening to hear it, the • committee that worked on it, they answered the one question I had which was what happens if a new High School is built? And they are able to assure us that even if there were a new High School, that this new facility would serve the whole community well into the future so thank you for, I hope you do this, thanks. • President Johnson —Thank you. Next is Norman is it Lusignan? Norman Lusignan — Good evening. I'm here actually on a different situation that I wanted to bring forward to the City Council. My name is Norman Lusignan from 112 North Street. I'm a new property owner there and I seem to have a situation and I've • been directed to the City Council from the Law Office. We have a situation over there with a noise complaint with roosters. The gentleman, Mr. Griffin, at 104 North Street has chickens and roosters and from what I understand through your zoning, there's no chickens and roosters allowed here in the Town of Agawam. These roosters are making noise around 3:30 in the morning until 6:00 in the morning, disrupting myself and my • family. We all have a work day ahead of us every day and I'm sort of looking for some type of a resolution to correct the issue. I've been to every city department. I've filed Police reports on the issue. Everybody seems to be sympathetic about it. Nobody can do anything about it. I've written letters to the Mayor's Office. I have a letter from him here that says that he's sympathetic also of my situation. I guess they're having some issues some goats over there which we all know about and hopefully by October 281h * those will be gone but unfortunately when the Law Office went to the Housing Court, it seems that they didn't put in the roosters so the situation is that we have noise going on over there on top of that is it's unsanitary. In my house, I'm the next door neighbor, we have flies in the house and I'm sure these flies are attributed to the animal waste next door so you're pretty much the last resort. I did talk to a gentleman from the Law • Department that said he did not here from any City Councilmen and I was unaware that I should come here first. So I guess Will had told me that I needed to hire my own attorney because this was actually a private nuisance complaint but in fact under Massachusetts General Laws it's a public health nuisance. I do have the definition of it which includes situations that generate noise, dust, odors, exhaust, waste, pests, standing • water and other conditions that can cause sickness, disease, or filth. If anybody and I'm sure everybody knows about the property and that describes it. So I really don't know 2 40 i what your empowerment is to correct the situation but it is a situation that has not provided me with the quality of life in which I deserve or my family deserves. So I just i wanted to bring that to your attention. Like I said I spoke with the Chief of Police, I spoke with Zoning; I spoke with the Board of Health. The Board of Health has been over the house, what they have done I'm unsure of. I did contact the Mayor twice. I'm a little disappointed in the Mayor because on his website it says "I am proud to be Agawam's Mayor and I hope that if you need assistance you can contact me direct or call" — I left • my phone number with the Mayor twice and I never received a phone call back from the Mayor. So I don't know what we can do about this rooster being here but I-- Clerk—One minute please. Norman Lusignan — But I would hope that there may be something you guys can do as i our leaders of the community to resolve this issue for me. Thank you. President Johnson — Normally Citizens Speak Time isn't two-way, but if you want to hang around to the end of the meeting, I'd be happy to talk to you about the situation. Last is Bill Sapelli? i Bill Sapelli — Good evening. Bill Sapelli, Superintendent of Schools, 125 Edgewater Road, Agawam. I'm here also to speak about the CPA funding for our track facility. I encourage you to vote for that this evening. As previous speakers indicated, it is primarily designed for High School student athletes but also the community would greatly benefit from this project. As many of you know, that track facility is in such condition now that we cannot have any home meets there. We haven't been able to hold home meets for the track, mens and womens, for quite some time now and it's my understanding that the tennis courts are in a similar condition where we have to look at whether we have to have away tennis meets next year as well because of that condition. Also, you know that we're in the middle of a NEASC accreditation report and we've been cited by the NEASC Committee for Title 9 violations because we do not have a female team room and a female team room is also part of this plan so I would ask respectfully that you would vote in favor of that funding. Thank you. . President Johnson—Thank you. That concludes Citizens Speak Time. Item 4. Minutes 1. Workshop Meeting—September 9,2013 • President Johnson T- Is there a Motion? Moved by Councilor Cichetti, seconded by Councilor Rossi. Questions or discussion on the workshop meeting minutes? Seeing none, all those in favor say Ay? Any opposed? It's approved unanimously. 2. Regular Council Meeting—September 16,2013 • President Johnson — Is there a Motion to approve? Moved by Councilor Rheault and Magovern, seconded by Councilor Cichetti. Questions or discussion on the September 3 • 161h minutes? Seeing none, all those in favor say Ay? Any opposed? They're approved unanimously. • Item 5. Declaration from Council President President Johnson— • 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 9/16/13) • President Johnson — The item is currently on the table. What's the Council's pleasure? We have a Motion made by Councilor Calabrese, seconded by Councilors Magovern and Cichetti to remove the item from the table. All those in favor of removing the item from the table say Ay? Any opposed? The item is off the table. I think it's been moved and seconded at prior meetings but just for the salve of the record, is there a Motion? Moved • by Councilor Calabrese, seconded by Councilors Magovern and Letellier. This item was referred to the Community Relations Committee, Councilor Calabrese? Councilor Calabrese -- Yes. The Community Relations Committee met on September 30`h and I want to thank all my Council members for having been there —Jimmy Cichetti • and Paul Cavallo, George Bitzas, Dennis Perry. Also present were Don Rheault and Bob Rossi. We had a nice give and take conversation with Chet Nicora and Mary McGinnis from Pioneer Valley Transportation Authority and it was, we finally got our questions answered and the first thing that I think we need to keep track of is that what this is and what this is not. It's simply of Memorandum of Understanding. It is not a contract in • that we don't have an affirmative duty to call in the PVTA. It is a permissive type of arrangement where in matters of an emergency whether it is a situation where we need to evacuate people with mobility issues in the case of a fire such as they've done in Springfield for a one day matter or for a long term matter where we need to transport people from shelters or different places such as happened again in Springfield with the tornado, this gives us a tool by which to do that and it is up to the Mayor to make the • determination where there is an emergency. The reason why we are required to have compensation language in there is so that should the PVTA be looking for compensation they would go to FEMA. FEMA does not reimburse for emergency evacuations if there is no compensation language within such a Memorandum of Understanding. Bob Hassett over in the City of Springfield apparently has used this service many times and they've • never received a bill. So this is something that if there is a call, Chet Nicora would contact the Mayor first, the Mayor would make the determination whether or not to approve it and then funding comes through the City Council for an appropriation from the Reserve Fund. The Community Relations Committee voted 5-0 to send a positive recommendation on this item. Thank you. • President Johnson —Other questions or discussion? Councilor Bitzas? 4 • • Councilor Bitzas — Yes, thank you Mr. President. Councilor Calabrese has told it exactly like it is and we cannot put any amount because we don't know the amount, can • be $500, can be $1000 but anyway any amount it doesn't make no difference because if we try to save lives we can pay $1000, $2000, it's very very minimum. I think we should make a decision tonight and pass this, We've tabled it for five or six months now. The other thing is the lady that was from PVTA answered all the questions, same questions that came to floor before and she did explain to us very well and I hope, and the • committee all vote in favor, I hope the Full Council now votes in favor. Thank you. President Johnson—Councilor Magovern? Councilor Magovern — I just wanted to say thank you Councilor Calabrese for holding the meeting. I think we've all been in favor of doing this particular project but Pm sorry • that it's taken so long to get those questions answered. We've asked two or three times, I mean we don't like tabling matters, we like moving on them but by the same token we have to protect the town and know exactly what we're signing when we sign a contract and I think that it's well suited. I think it's something that the town needs. As I said, noboby's been opposed to it but we just couldn't sign it unless we knew what it was so thank you for getting the explanation to the questions that were asked and I'm supporting the issue. Thank you. President Johnson — Councilor Cavallo? Councilor Cavallo — I think Chet made a pretty good argument at the meeting. In fact, he brought up the point that if we did have a $2000 or $3000 bill, he would certainly turn it over to the Mayor and the Mayor would probably come and ask us for a transfer and I'm sure like in Springfield or in Palmer when that catastrophic event occurred, people came to the aid and I'm sure the Mayor would pay a bill of$2000 or $3000 because it's • necessary, it's something that you just can't leave and I also asked him about if something were to go on longer than that, like with the hurricane or tornado and at that point, you'd be looking for Governor Deval Patrick to declare this a disaster area and look for some federal funding or FEMA funding so I think if this is extended and we have a long-term ordeal, we're gonna get some help somewhere along the line and I thought Chet, I know it was a long time, but I thought we finally came to a resolution and he did a good job and CeCe gave an excellent report. She covered everything that we discussed at that meeting so I'm certainly gonna approve it as a member of that committee and I think it's a good move on the part of the town. President Johnson -- Any other discussion? I'd ask Barbara to call the roll. If you're in • favor of the Resolution, vote yes. If you're opposed, vote no. ROLL CALL— 11 YES, 0 NO President Johnson--With a vote of eleven yes, you've approved TR-20I3-30. • 5 • 2, TR-2013-40 -A Resolution authorizing the borrowing and appropriation in the amount of$6,340,000 for the North Westfield Street Water Main . Improvement Project(Mayor) (Referred to Administrative Committee) (Tabled 9/16/13) President Johnson —The item is on the table. Is there a Motion to remove the item from the table? Moved by Councilor Rheault, seconded by Councilors Magovern and Rossi. All in favor of taking the item off the table say Ay? Any opposed? It's unanimously off the table. Again, I think we've moved it and seconded it, for purposes of the record I'd ask is there a Motion to approve? Moved by Councilor Rheault, seconded by Councilors Magovem and Rossi. Questions or discussion? I think most of the Council was at the Admin Sub-Committee meeting but I'd ask Councilor Rossi for the report? Councilor Rossi — Thank you Mr. President. Yes, the Council did meet, the Administrative Committee, met on October I". The entire committee was there, myself as Chair, Councilors Rheault, Magovern, Mineo and Perry, also Bitzas and Councilor Johnson were there. Everybody is in favor of the program. I'm sorry if I left somebody out, obviously— r Councilor Cavallo —The entire Council was there. It was a workshop. Councilor Rossi —At the workshop? Okay, well anyway, I guess the entire Council was there so I apologize. 0 President Johnson —Some of us are just more memorable. Councilor Rossi — Obviously you're not one of them Paul. Anyway, I think we were all in favor of the project. There was little discussion as to what the needs are and whether or not Agawam needs this thing to be done. The main question seemed to be that there 0 was a lot of concerns of this Administrative Committee and the Council as a whole as to how the funding was going to be distributed in terms of what we were gonna use for the water retention earnings and increase on the users' fees for the water rates and we voted, the Motion was made and seconded at that meeting that we would approve the bonding subject to an amendment by the City Council that we take part in that procedure to bond, just to decide if how much we're gonna use out of Retained Earnings, if and where we're gonna place it up front or in the middle somewhere to alleviate some of the bumps in there, how we were gonna address the water rate issues for the citizens of the community. The rates seem to be a little high. I believe the number was like 35% increase and that seems to be quite high so we thought that we would make an amendment that the Council participate in those and exactly, I don't think, President Johnson was supposed to come up with something, I don't know if you have or not or whether you had the time— President Johnson —I can give you the report on it if you want. 0 Councilor Rossi — Okay, because that obviously will be the second part of my report, would be that President Johnson said that he would try to come up with something and he would get back, but I'll defer my remarks to President Johnson. 6 0 • President Johnson — Thank you. I spoke at length today with the Treasurer/Collector Placzek who returned from her out of the area vacation late last night. Spoke to her about making an amendment to the Resolution. She asked that we not because Bond Counsel has already approved the Resolution in its entirety and since it's a borrowing resolution she would prefer not to take the chance that when they went down to Wall Street with it that we would have to amend it. But she and Superintendent Golba both assured me and they said they would be happy for me to put it on the record this evening, that they would welcome the Council participation in determining rate options. They plan to do that come early Spring and I spent quite a bit of time with her on the phone today talking about some of the basics and she frankly, she's been out of the country for the last couple of weeks on a planned vacation so she was privy to the data that Tighe & Bond used in their initial rate calculations. So she was gonna get that and double check it but she had the same observations that we all had which was the numbers didn't seem to be accurate but she's more than ready, willing and able to add, as Superintendent Golba also said, more than ready, willing and able to have us participate in the rate discussion to come up with the various options. So they're amenable. She just asked that we not amend the Resolution because it's approved by Bond Counsel. So when they ultimately go to borrow, which they call going to Wall Street, she doesn't want there to be any potential • hiccups. Councilor Rossi — Based on that information, the sub-committee voted unanimously to send a positive recommendation to the Full Council for the amount of$6,340,000 for the Water Main Project on North Westfield Street. • President Johnson — Other questions or discussion? Seeing none, if you're in favor of the Resolution, vote yes. If you're opposed, vote no, eight votes are required. I'd ask Barbara to call the Roll please? • ROLL CALL — 11 YES, 0 NO President Johnson—By a vote of eleven yes, you've approved TR-2013-40. 3. TR-2013-45 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community • Preservation Funds for the Creation of a Master Plan for the Rehabilitation and Restoration of the Agawam High School Track and Field Facility (CPA) (Referred to Legislative Committee) President Johnson — The amount of the Resolution authorizes appropriation in the amount of S20,000. Is there a Motion? Moved by Councilor Calabrese, seconded by Councilors Letellier, Rheault and others that I didn't see lights go on. The matter was referred to the Community Relations Committee, Councilor Calabrese? Councilor Calabrese — Yes, Community Relations Committee met on September 10rh along with my other fellow City Councilors whom I named previously. Also present were Lou Conte and Mr. Lemanski and they were both very helpful in giving a little background with regard to the need. Everyone is very, obviously, keenly aware of the 7 • • need to upgrade that track but this is also a positive step forward to alleviating the violations that currently exist under Title 9. It's to help move forward with a female team room, locker room repairs, upgrades that are needed, also as we heard not only the track but the bleachers and the tennis courts and the $20,000 is to be appropriated for the development of really a conceptual plan, the master plan if you will, which will help move things forward towards upgrading the facilities that are needed up there. The Community Relations Committee voted unanimously 5-0 to send a positive • recommendation. Thank you. President Johnson—Thank you. Councilor Letellier, then Bitzas,then Magovern? Councilor Letellier — Thank you. I think we're all happy that the legislature amended the Community Preservation Act so that we could use the funds for these types of rehab r projects and so, and I know that Councilor Bitzas had sponsored a Resolution that the Council had voted for to ask the legislature to make this kind of change so I'm glad that the change has been made. I can't imagine that anyone's not gonna vote for this. The bleachers, I've been waiting, not waiting, but the thought of somebody getting hurt in those bleachers has been bothering me for quite some time. So I'm glad this is gonna • happen, it can't happen soon enough so I'm strongly in favor of this and I thank the committee for their work. President Johnson —Councilor Bitzas? Councilor Bitzas — Yes, Mr. President. Thank you Councilor Letellier and I thank you the committee and also as a member of the committee, the Relations Committee and a member of track committee, I want to report to you the people that are watching us, we met many times in the library, we discussed the track issue and the track and field facility. We discussed areas can be used the track, different areas, maybe some have suggestions at Jr. High but unanimously the committee support the track to be in the same place that it is now which makes sense. We did have, we visited other tracks, we have our recommendations to the Major and he strongly also supports the project. We, the committee also send the resolution to ask the CPA for the money and also thank the CPA as they unanimously, actually one no, but the rest of the committee they vote in favor and I no it's not a brainer and I know all of you will support it. It's about time, it's about time • to have a track in the community like ours, so we could be proud like other communities. It is a disgrace, it looks terrible, as Councilor Letellier said the bleachers — we going to have the new bleachers, we have the new track, we have the field, we have the concession stand better, we will have the tennis courts and this facility will be open to the public, not only for the High School so will be used for everybody, every citizen of • Agawam, to use at any age, to walk, run, play, whatever and I'm positively sure that we be eleven to nothing vote tonight and continue to support that and try to expedite as soon as possible. Thank you. President Johnson —Councilor Magovern, then Cavallo, then Mineo? • 8 • Councilor Magovern — I just want to thank Councilor Bitzas, I mean this has been a very, very long time in coming, vote this evening. George has worked on this tirelessly, * he was I think one of the first people to really see the need and he fought through the CPA; he fought through a lot of other people to get this moving. I think all the councilors agreed with him but somebody had to go out and really take the spear head. It's embarrassing that we had to have our track meets down at Suffield Academy. Agawam should have done this years ago to upgrade that track and I'm just so pleased that it's • finally gonna happen and I think we're gonna have a prize area in the whole area once it's completed so again, I hope the rest of the Council will support this and I definitely will. Thank you. President Johnson —Councilor Cavallo? Councilor Cavallo — Yes, I believe at that meeting, I was a members of the Facilities Committee along with Mr. Rossi and Wendy brings up a good point about the, and Superintendent Sapelli about the locker rooms and my concern at that meeting if you recall was that this should have been done a long time ago but fortunately with this grant, or with the CPA money with a master plan, we can work that in and will appease the • State and NEAS that we're malting some progress and doing something with that team room but you know, that's a couple years away. I'm sure I'm right here. Once we get through with the master plan and we construct the field and so forth, we've still got those lockers and we still have that team room not there and it's unfortunate but again I guess we can't cry over some spilled milk here because of something that should have been • done a long time ago. At least we're doing something but again, after visiting that locker room and listening to the Phys Ed people, listening to the Principal, I still feel in my heart, feel that we should be in there doing something right now, but of course, budget constraints could be a reason why we can't but I will certainly support this wholeheartedly because you are gonna have that in that master plan, the interior of the • building in the physical education area, that's just as important as what we're doing out on the field. So again, I will support this. President Johnson—Councilor Mineo? . Councilor Mineo —Yeah, I just want to say I'm fully in support of this. I think the track has been long overdue and Councilor Bitzas, thank you for supporting all of this and I do support it and I want to thank the School Committee members that showed up here tonight. We absolutely need this. The tennis courts, I had a son who was the number one singles player for Agawam back in 2010 when he graduated. I mean I went all over watching tennis matches from Longmeadow to North Hampton to Amherst, you want to • talk about embarrassment they certainly had much better facilities than we have here in Agawam. If you got a child that plays athletics and you follow them which my wife and I both did, it would be nice to upgrade where we could have track meets here in Agawam which I had three kids go through the High School, I don't ever remember a track meet being held here in Agawam. Bleachers definitely need to be replaced. I think it's • dangerous, it's about time we had a women's dressing room and the concession stand definitely could be made better and I think it's long overdue, long overdue. Thank you. 9 President Johnson—Councilor Perry then Rossi? • Councilor Perry — Thank you Mr. President. I, too, support this wholeheartedly and I appreciate Councilor Bitzas' work. I want to thank Henry and the CPA for coming forward and letting this money be available to us to vote on this evening. The main thing I want to get across to the public is, if you're sitting at home watching, it's almost like • we're gonna put a new track in, we're gonna put a new locker room in, we're gonna put new concessions and bleachers. That's not what we're voting on tonight people. What we're voting on is $20,000 for a master plan so we can start to look at what the costs are gonna be for those upgrades and I just want to make sure that was clear to the public that's at home watching. This is the first step. This is the first needed step that we need to move forward on all of these projects. As you stated, George and Councilor Cavallo, it's a couple years away before we really start to move on these things but again, and tonight's the first step and I wholeheartedly support it. Thank you. President Johnson—Councilor Rossi? • • • • • 10 • • Councilor Rossi -- Thank you Mr. President and thank you Councilor Perry. You're absolutely right. This is just a Motion to get a master plan in place so we can actually get this project started. I go back to this project with the track some twelve years since I've been on the City Council I've been trying to spearhead something to get going with this track and field for a very long time. I've been working with the CPA in Boston to get this legislation passed over those same twelve years. Fortunately we did get it passed however the CPA money alone is not gonna cover everything that we need to get done. • Some of the money's gonna have to come from bonding issues from the city. I hope that everybody understands that, that there's just some areas that CPA just will not allow us to use money for but going back to the locker rooms and stuff like that, I remember in 1999 and I think Superintendent Sapelli would bear me out, that we were put on warning status for that Title 9 room as well as that girls' locker room and it has been on that list for quite some time now. As far as the track and the other facilities go, not the other facility, but • the tennis court and stuff, but the track and bleachers and stuff like that, that's been on the Capital Improvement Program that I know of since 2000 and nothing has ever been done about it. So I think it's about time that somebody took a, somebody started to pay attention to get something done cuz as it was mentioned here, it's an embarrassment and I hate to use that word again in my presentation but I am happy that this thing is finally • getting underway. Those facilities that they have is just unbelievable and I visited those facilities some four years ago, or five years ago and maybe there's some of the people in this room may remember that I took a big hit because I was criticized for an unauthorized attendance up at the High School to look around and I got blasted pretty well from the Mayor's Office on that because he said I had no right going into that school to look around. But that's another issue. So we've been having this on the burner for quite some time and I'm finally glad that it's now being put on the front burner and we can get going on it. Henry and I have spoken several times about this and they need to get this thing done and we just had a serious discussion if you will back at, over coffee a while back, and we came to an understanding that we just needed to get this thing moving. So I am fully in favor of this and I hope that as this thing starts to move on understanding that the CPA can't do this, that they're gonna be coming back to this Council for some additional funding and I hope we find as much support then as we do now. Thank you. President Johnson—Councilor Letellier? • Councilor Lctcllier--Yes, Councilor Rossi's right that this project was in limbo because there had been discussion in the legislature — are they gonna amend CPA to allow the restoration, rehabilitation of these types of projects and I remember the discussion at some of the Capital Improvement Budget sub-committees was well, if we think we're gonna get money from the state in the next year or two, maybe we have other things in • town that need the priority but I think passing this tonight shows that it is a priority and when it comes to fund the eventual stages I do hope we also have this same kind of support. I mean I can tell you the girls' locker rooms were nowhere equal to the men's or the boys' in '85 when I graduated and the situation only got worse. I would go to basketball games to watch my cousins play and it's a deteriorating situation. So I think we're not gonna have the same kind of limbo because the change has been made at the State House and I don't see that it's being rescinded and hopefully people will not try to 11 • i rescind the CPA because if so, these types of things go back on the back burner. Thank you. President Johnson —Councilor Cichetti? Councilor Cichetti—Thank you Mr. President. Again, I'd like to take the opportunity to thank the committee that was involved, School Committee members for being here and • supported this and speaking during Citizen's Speak Time, Councilor Bitzas who's doing a wonderful job, the CPA Committee and I'm 100% in favor of this and I will back this all the way. As being one of the junior members that probably last walked through those halls at the High School back in '89, that field at one time was a beautiful, beautiful field and it's just awful in the shape it is in now. So it's definitely something that I will show support all the way to the end. Thank you. President Johnson— Councilor Rheault? Councilor Rheault — Yes, most of the dialogue has taken place as to what I might add but anybody who's been to any affair in the last ten years at the school field realizes that • the conditions are deplorable and should absolutely be corrected and I can't really think of a better use of the CPA funding than to kick it off and let's make this a success even when it comes back, we'll find the money somewhere I'm sure but it's sadly needed and it's really a danger to the people that sit in those stands because I've gone up and down them a few times and thought I was going down rather than down the right way. So I'm fully in support as well. President Johnson — If you're in favor of the Resolution, vote yes, if you're opposed vote no. I'd ask Barbara to call the Roll please? • ROLL CALL— 11 YES, 0 NO President Johnson — With a vote of eleven yes, you've passed TR-2013-45. Since Superintendent Sapelli is here if you could please give Councilor Rossi a pass to get out the rest of those detentions for the unauthorized entry, he'd appreciate it. I'm trying to help you Bob. Item 7._Report of Council Committees President Johnson — Up first is the report from our Auditor, who's coming to the microphone. • 1. Report from Auditor Cheryl St. John - Good evening Councilors. During the past quarter in the Accounting department has been busy working on accounts payable, payroll, financials and other • miscellaneous things. In the accounts payable area, our accounting principal clerk processed over 4,000 payments since July. In the payroll area, Dolores Cichetti retired in 12 • • July and we're training a new Administrative Assistant, Jeanne Goodsell. During the last quarter in the financials area, the Auditing Department has successfully completed the Town of Agawam's the fiscal year 2013 financial reports for the town. These reports include the town's annual report, the Department of Revenue annual checklist with supporting schedules, the Schedule A, and I also assisted with the Department of Education Schedule 1 and 19 and the Community Preservation CP1 and CP2 Reports. The Town of Agawam's annual report is a 29 page report that includes a balance sheet, revenue and expense budget analysis, debt schedule, accounts receivable reconciliation, special revenue fund summary and other miscellaneous schedules. This report was distributed to the auditors, Department of Revenue, mayor and council. On September 9, 2013, I submitted the fiscal year end checklist along with a schedule of outstanding receivables, a detailed analysis of undesignated fund balance and balance sheet to the Department of Revenue through the Gateway System. In addition, the Treasurer and I submitted a Cash Reconciliation Form, Treasurer's Quarterly Cash Report and Statement of Indebtedness. From this information, the Department of Revenue certified the town's Free Cash and Retained Earnings on September 161h and I forwarded the amounts to you. Also during September, I prepared and submitted the 30 page Schedule A to the Department of Revenue. This report summarizes the fiscal activity for all funds. If the • report is not submitted timely the state will not issue the state payments. The previous Auditor paid our independent auditors, Powers and Sullivan, $3,500 every year to complete thi Schedule and I have saved the town $31,500 preparing this report myself since I started. In September, I also worked with the Kristin Greany in the School Department to prepare the end of year school report due to the Department of Education on September 30'h. I assisted her in preparing the Schedule 1, which is the Fiscal 2013 actual figures and the Schedule 19, which is the Fiscal 2014 estimated figures to make sure the town complies with the net school spending requirements. In fiscal year 2013 the town expended $48,281,643 on behalf of the schools from both the school and town budgets. This amount was over the required net school spending amount of 40,330,869 by $7,950,774. On September 4th, the Assessor and I prepared and submitted the Community Preservation Report CP 1 to the DOR. This form is required in order for the town to receive the Community Preservation state revenue. Also prepared the Community Preservation CP2 report and submitted it to the Department of Revenue in August. This report summarizes the 2013 fiscal year activity in the Community Preservation Fund. Currently, I am doing preliminary work with the Assessor to complete the tax rate recap forms and those are submitted to the Department of Revenue to finalize the new tax rate for fiscal year 2014. July 31 through August 2 and September 3 through September 6, the town's independent Auditors, Powers and Sullivan performed the fieldwork for the town's audit. Laurel and I provided them with the necessary financial reports to perform their fieldwork. They will issue their final report on the • examination of basic financial statements and a copy will be forwarded to you in an email when that happens. Other miscellaneous things that our department has been busy working on during the past quarter are journal and budget entries, monthly reports, recording fixed assets, balancing accounts receivables, processing holdover requests, attending staff & council meetings, handling basic life insurance claims and answering • the switchboard. The past quarter was an extremely busy time in our department. We have successfully closed our fiscal year end and prepared and submitted our required 13 • reports prior to their deadlines. If any councilors would like to see any of these reports or if you have any questions, please feel free to stop in my office and I'll be happy to meet with you. I would like to thank my staff for their hard work and thank you for your time. I hope you have a good evening. President Johnson —Thank you. Any questions? Councilor Rheault? Councilor Rheault — I don't have a question. I would just like to comment our Auditor for her diligent hard work and way back when we initially hired her, I played a role as well as some of the Council here in the selection process and I think we made an excellent choice and she's very conscientious and should be independent of the Mayor's Office because you're our right hand and you're a check and balance for the town which I think serves the purpose of accuracy and no influence other than and she continuously • follows the rule that when in doubt to check with Boston to be sure that things are proper and is not afraid to stand up when something is questioned by other departments and I commend her for that and I hope that she continues in that vein. Thank you for your work Cheryl. * Cheryl St. John—You're welcome and thank you for the compliment. President Johnson—Councilor Magovern? Councilor Magovern —I'd just like to second what Councilor Rheault just said. I mean • I was here when we hired our Auditor and I think that's she's done and absolutely phenomenal job and I can't say anything more than what Don just said and again congratulations for all the work and thank you for standing up and doing your job the way it should be done. Thank you. Cheryl St. John —Thank you. President Johnson—Thank you Cheryl. 2. Sub-Committee Reports a. Finance (Councilor Mineo) Councilor Mineo — The Finance Committee held meetings on the following dates — April 1$'', May 16'', June 3`d and September 19'h to review several pieces of legislation regarding financial transfers and grants. We also reviewed a Resolution to authorize the • Mayor to enter into a lease agreement with the town and Professional Golf Management, Inc. The Capital Improvement Program budget was also reviewed. We also met with the City Auditor to get financial updates and discussed the preparation of various reports. We are scheduled for monthly Finance meetings at the Agawam Public Library on the third Thursday of every month unless other issues arise. We did not meet during the summer because there were no pressing issues. Thank you. 14 • i b.Legislative (Councilor Cichetti) Councilor Cichetti — Thank you Mr. President. My committee, the Legislative Committee, consists of myself., my Vice Chair is Councilor Letellier, Councilor Cavallo and Councilors Rossi and Bitzas. The Legislative Committee held meetings on the following dates to review a variety of ordinances including an A-3 district use restrictions and a formation of a Residence A-6 for low density, multi-family community district and . updated floodplain zone ordinance as well as several specific zone changes within the town. We also reviewed TOR-2013-7 which was an ordinance to amend Chapter 180 of the Code of the Town of Agawam by adding a temporary moratorium on medical marijuana treatment centers. We are currently scheduled to meeting on October 21"for a zone change regarding a parcel of land on South Street in Agawam and as always we are scheduled to meet the second Wednesday of every month at 7:00pm at the library unless other issues arise. Thank you. c. Community Relations (Councilor Calabrese) Councilor Calabrese — Thank you. First of all, I'd like to thank Barbara for herding i eleven cats over the last year. You've done a wonderful job, Barbara. Also, my fellow Council members, my Vice Chair George Bitzas and committee members James Cichetti, Paul Cavallo and Dennis Perry. The Community Relations Committee held meetings on May 201h, July 10`h, September 1 Ith and September 30t' to review casino updates and a Resolution TR-2013-43 opposing the destination casino which was to have been located i on the Big E fairgrounds in West Springfield as we now know that resolution was not required. We also reviewed condominium-related matters including the trash removal costs. We reviewed ordinances concerning personnel matters and TR-2013-30 which was a resolution to enter into the Memorandum of Understanding which we voted on an approved tonight for emergency transportation and we also reviewed the Resolution to appropriate and authorize the expenditure of CPA funds to create the master plan for the rehabilitation and restoration of the Agawam High School track and field facilities which we also approved tonight. I want to thank all of my fellow City Councilors for a wonderful year and respectfully submitted, Cecilia Calabrese. Thank you. . d. Administrative (Councilor Rossi) Councilor Rossi — I'd like to thank my committee members, my Vice Chair Councilor Rheault, members Councilors Magovern, Mineo and Perry for their dedication and hard work on our committee. Our committee is very active and we meet quite often because we are such a busy committee but this quarter alone, we've held five meetings and we • handled and reviewed several applications for license renewals, permits, automatic amusements devices, Dealer's licenses and junk dealers. We also handled the utility pole placement in this quarter. We did a petition regarding Barney Street and Adam Street. We had an order granting an abatement and redetermination, extension or deferral of the sewer betterment assessment requested by Soldier On which happened to come before our committee this week. In addition to that, we've had workshops with the entire Council for the Southwest Area Sewer Project which is up again on to the committee 15 0 levels, we're discussing perhaps shortening it now, we've been discussing the new Phase 2 portion of that which is still in the works and the latest one is the borrowing of the $6million project for the North Street Water Main Improvement Project which is on our Agenda for this evening so the committee has been very busy and I'd like to thank my Chair and also I want to thank the entire Council because my Administrative Committee has held a couple of workshops called by the President to deal with some of these issues so I want to thank them for their commitment as well. Thank you. • Item S. Elections None. Item 9. .Public Hearin s • 1. PH-2013-13 (ZC-2013-5) -A Petition for Zone Change for Parcel Owned by 194 South Street Limited Partnership located at 194 and 0 South Street, Agawam, MA (Public Hearing Date Set for October 21, 2013) President Johnson—That public hearing is set for our October 2I't meeting. Item 10. Old Business 1. TO-2013-24 - Order granting or renewing a Class 2 Dealer's LICENSE for Agawam Auto Mall, Inc., 825 Springfield Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) President Johnson — Is there a Motion? Moved by Councilor Rheault, seconded by Councilor Magovern. It was referred to the Admin Sub-Committee, Councilor Rossi? • Councilor Rossi — Thank you Mr. President. At the committee meeting, a Motion was made that we table this item and reschedule the meeting and have the applicant come in and I will contact, Barbara, can we schedule a meeting and send a letter to the applicant and there is some information that I would like to have included in the letter that if he'd bring on that so the recommendation is for this item to be tabled until the next meeting. • President Johnson — The Chair will accept that as a Motion to table. Is there a second? Motion made by Councilor Rossi, seconded by Councilors Perry and Magovem. If you're in favor of tabling say Ay? Any opposed? The item is on the table. • 2. TO-2013-25 - Order granting or renewing a Class 2 Dealer's LICENSE for Falcor Auto Sales,Inc.,373 Springfield Street,Agawam,MA. (Clerk) (Referred to Administrative Committee) President Johnson — Is there a Motion? Motion made by Councilor Rheault, seconded by Councilor Rossi. This was also referred to the Admin Sub-Committee, Councilor • Rossi? 16 • Councilor Rossi — Thank you. The committee met and unanimously agreed to send a positive recommendation to the committee for approval. • President Johnson — Questions or discussion on TO-2013-25? All in favor of granting or renewing the Class 2 Dealer's License say Ay? Any opposed? It's unanimously approved. Item 11. New Business 1. TO-2013-26 (PH-2013-14) -Order granting a LICENSE for Gasoline Storage Tanks located at 835-841 Suffield Street,Agawam, MA—Suggest a Public Hearing Date of October 21, 2013 (Clerk) • President Johnson — That item will be referred to the Admin Sub-Committee, next Agenda. 2. TO-2013-27 - Order granting or renewing a License for an Automatic Amusement Device and Weekly Amusement Permit for American Legion Post 185—Wilson Thompson, 478 Springfield Street,Feeding Hills,MA. (Clerk) President Johnson — That'll go on to our next Agenda and also be referred to the Admin Sub-Committee. 3. TR-2013-46 -A Resolution Appropriating from the Community Preservation Fund and Authorizing the Expenditure of Community Preservation Funds for the Creation of a Dog Park as a Recreational Use at Shea Field (CPA) President Johnson —That'll go on to our next Agenda and be referred to the Community Relations Sub-Committee. 4. TR-2013-47 -A Resolution Accepting a Grant from the Commonwealth of Massachusetts Emergency Management Agency pursuant to Massachusetts General laws Chapter 44,Section 53A to Agawam • Emergency Management($2,300.00) (Mayor) President Johnson—That'll simply go on to our next Agenda. It's self-explanatory. 5. ZC-2013-6 (PH-2013-15) - A Petition for Zone Change for property • located at Sheri Lane Parcel H13 8 18, by applicants John Conte and Louis Conte,661 Barry Street, Feeding Hills,MA (Refer to Planning Board and Suggest our Public Hearing Date of November 18,2013) President Johnson — That matter is being officially referred to the Planning Board for them to hold their Public Hearing and send us their recommendation and we will be setting our Public Hearing for our second November meeting as that's the earliest that we'll get back because of the timing of it all, the recommendation from the Planning 17 • • Board so our Public Hearing will be scheduled for November 18, 2013 and that matter will be referred to the Legislative Sub-Committee. G. TO-2013-28 - Order granting or renewing a Class 2 Dealer's LICENSE for Bear Auto Sales, 517 Springfield Street,Agawam,MA. (Clerk) President Johnson — That'll go on to our next Agenda and be referred to Admin Sub- Committee. • 7. TO-2013-29 - Order granting or renewing a Class 2 Dealer's LICENSE for Langone(,Inc.,bl Ramah Circle South,Agawam, MA. (Clerk) President Johnson —That'll also go on to our next Agenda and be referred to the Admin • Sub-Committee. 8. TO-2013-30 - Order granting or renewing a License for an Automatic Amusement Device and Weekly Amusement Permit for Polish American Club of Agawam,Inc., 139 Southwick Street,Feeding Hills,MA. (Clerk) President Johnson —That'll also go on to our next Agenda and be referred to the Admin Sub-Committee. 9. TO-2013-31 - Order granting or renewing a Class 2 Dealer's LICENSE for Chris Auto South,207 Main Street,Agawam,MA. (Clerk) President Johnson —Next Agenda and Admin Sub-Committee. 10. TO-2013-32 - Order granting or renewing a Class 2 Dealer's LICENSE for Parrotta's Auto Service,Inc. dib/a Parrotta's Auto Sales,357 Main . Street,Agawam,MA. (Clerk) President Johnson— That'll also go on to our next Agenda and be referred to the Admin Sub-Committee. Item 12. Any other matter-that mq legally come before the City Council. President Johnson —We'll start with Councilor Cavallo tonight. Councilor Cavallo —Yeah, I know at the workshop I mentioned that used car dealership I believe and all of the members at the meeting concurred that something should be done • about it and when I look at that and some other people, Councilor Magovern said that you went by that dealership, did you not? And I think either the Building Inspector or someone should go in there and investigate the number of cars that are located there and this has been brought to the attention of this Council at least by me two or three times and I think there's gotta be a violation there but I'm not on the committee and I'm not the Building Inspector but I think something should be taken care of regarding that. 18 0 i President Johnson —Councilor Bitzas? Councilor Bitzas — Again, I'm going to remind you and maybe the other fellow Rotarians going to say a few things too. The Rotary Club of Agawam they're planning a great, great Harvest Festival and Family Fun Day, Saturday October 19'' at the Veterans Greens front to the Phelps School. Also be a book fair at gym of the Phelps School. We have over fifty vendors. We have a many more antique cars. We're going to have live music from Dave Koluchi. We're going to have the Agawam Cheerleaders, the Rosie Robotics team, the Academy of Artistic Performance and also special would be the Agawam High School band. Along all the fun, the art school, the students from the Art Club in Agawam, we have a face painting, bounce house, giant slide, balloon animals, temporary tattoo art, live DJ all day then we have food, hamburgers, barbeque, French fries, fried dough, popcorn and collectibles and of course all the vendors. It will be great, i great day. I hope it doesn't rain. In case, I hope that we have a good day, if it's rainy day, it will be Sunday but let's pray for a sunny day. Thank you. President Johnson —Councilor Calabrese? Councilor Calabrese — Thank you. Well it's Robotics season again and our team Rosie distinguished itself a couple of weekends ago with their first pre-season tournament down at Bash at the Beach in Connecticut and they won the "Gracious Professionalism Award" and that's one of my favorite ones because what that means is they use their own expertise and their talents and their tools and their skills to help teams against whom they i are competing so that their competitors could have a working robot in order to participate and that's really one of my favorite awards and that really kind of hallmarks what these kids are learning in this program. So with that in mind I want you all to mark November 15t because that is their world famous ziti dinner fund raiser down at the Congregational Church on Main Street. So make it a point to be there and Barb, I'll be in touch with you tomorrow about scheduling that Community Relations meeting. Thank you. President Johnson —Councilor Cichetti? Councilor Cichetti—Barb, could you do me a favor and just follow up with Lt. Gillis on that traffic study that we were looking for for that zone change coming up for a Public Hearing please? Thank you. President Johnson —Councilor Perry? ' Councilor Perry—Nothing this evening, thank you. • President Johnson —Councilor Rheault? Councilor Rheault—Nothing this evening. President Johnson —Councilor Magovern? 19 Councilor Magovern — I'd just like to second again what Councilor Bitzas was talking about, the Rotary, in case you're not familiar with it the Agawam Rotary is probably one of the largest charities in the Town of Agawam where we offer scholarships and many other things that go unnoticed but Rotary does raise money to give back to the town and this is one of our major fundraisers on the 19`h and more than just being part of what Rotary is is it's part of what Agawam is. Agawam is a great New England community and it's these little fairs that really make the town what it is today and if anybody can remember there used to be years ago, the old Lion's Club fair and I'm glad that we were able to bring back the Rotary Harvest Festival. It also helps the Lions' Club because they sell the hamburgers and hot dogs and many other community group benefit from it. So again hopefully we'll see you there on the I9`h. My second point is I just wanted to say that I hope in November we have a better turnout for the election than we had yesterday. It's a shame that we had as few people show up no matter what your party affiliation I ! think that it's important that you get out and show your support of our American democratic system so please remember the elections on November 51h and come out and vote. Thank you and good night. President Johnson — Councilor Mineo? Councilor Mineo—Nothing this evening. President Johnson— Councilor Rossi? ! Councilor Rossi — Thank you. I don't know where to begin actually. Maybe I'll just start with Barbara — would you please, I've spoken before about this complaint that Councilor Cavallo had on Leonard Street and River Road. We're gonna have to send a Memo and I'd like to have it in writing if you would to the Building Inspector to have him put an inspection on that property and I want the inspection to be included but not ! limited to the number of cars that he has on the lot, whether or not cars are being parked on the buffer areas, whether or not the sound barriers and other privacy fences or shrubbery are in place and that it conforms to all zoning requirements and I'd like to have that in writing if you would please? If you have any questions, give me a call tomorrow and we can go over some of the things? I'd appreciate that. Thank you. Also, I'm a little disturbed quite frankly as to what I heard this evening about this gentleman here not + being able to get relief and clearly he is entitled to some relief at least according to Mass statute he's entitled to some relief and more importantly he's entitled to some relief from this community. I don't know why you have to come to the City Council to make things move but if that's the case then I for one and I'm sure that there are other people sitting up here on this dais who would be willing to give you some support in that area. But • more and more I'm hearing of things that are quite disturbing. People call me at my home talking about radar for example and when they call the Police Department and can't get any satisfaction when they're being told that they don't have enough of man power to do radar. That disturbs me. It disturbs me when people call me and tell me they call certain departments and they can't get relief where relief should be sought by those ! departments because that's what those departments are there for — to give relief to those people, that disturbs me. What also disturbs me is the fact that this City Council just 20 appropriated $140,000 well actually we appropriated more but only $140,000 not to include salaries that were expended to take care of a clean-up off of Meadow Street and it i bothers me that I went back and I checked the records on that and I looked at the Clerk log and I found out that that case was continued without a finding for 60 days and a $10,000 fine and that person is continuing to operate today. A person who went and rented an excavating machine and went on to property not owned or rented by him to divert ground water and in the process broke a sewer line and never had the conscious or thought to call anybody and tell anybody of what he had done. He left that thing to the tune of 720,000 gallons of raw sewage into our waterways and this person goes to court handled by the District Attorney's Office and agreed to and as my background in law enforcement tells me in order to get a continuance of a finding, it has to be agreeable on both parties was agreed to be continued without a finding and with the way the laws are today this lawyer can file a Motion and to have that thing so there would be no record at i all, I think that's just awful. The taxpayers would have to pay for something like that when the Mayor of this community got up on his stump and put an ad in the paper saying that no taxpayers would have to bear the brunt of that cost and he goes on and allows his Law Department to enter into an agreement for this, I think is just terrible. I don't know what can be done about things like that. I don't know where to go with something like that but I think something needs to be done or maybe this Council can have some kind of a workshop to make some determination and maybe we could get a message across to some of these people that something needs to be done, some of these services have to be provided and somebody has to be paying attention to the people that live in this town. They deserve better than that and I'm sorry I had to mention that and vent on a forum like this, it disturbs me to even do that much. President Johnson—Councilor Letellier? Councilor Letellier-- Yes, thank you. I, too, am disappointed but not surprised is I think i the polite way to put it that the Lusignan's got this kind of reception from the town. We are not the enforcing body but we will work to make sure that you will get the remedy that you deserve. But again, disappointed but not surprised. I also received I think similar calls to everyone about whether or not there are traffic and speed issues on South Street so I went directly to Lt. Gillis and I said these are the calls I'm getting, what's going on and he assured me that there were no speeding or traffic issues on South Street and I'm i sure that'll be part of the report that we're requesting as part of our zone change but I did, the day I got the phone call, talk to Lt. Gillis, then they had some other questions about the School Department and I got those answers as well on the same day but again, these are answers, these are questions that could have been answered by the persons who were originally called to answer the questions. But we're here and we're happy to do it. Councilor Calabrese and I went to the Department of Revenue Local Services Division workshops, I think it was two Fridays ago, I gave Barbara my book. I chose to go because they had an afternoon workshop on liens and betterments that talked a lot about sewer betterments and if it's a sewer it's not a betterment, it's a special assessment so it talked about the difference between a betterment and a special assessment. It talked i about what you could do to recoup the cost. There was case law that says we could recoup 100% of the cost so not that I think we're gonna do that but there's precedent for 21 i • that. The book has my notes, it has--I didn't realize until after the fact--that it also has a PowerPoint presentation that was given by the attorney from Local Services and it has the case law in it as well. So I'm asking Barbara to give everybody a copy. I think the folks on the Admin Committee might find it really interesting. If you can't read my handwriting, I'm happy to help you with it and in the morning workshops, Kevin our Assessor was there, Cheryl our Auditor was there and there were some interesting programs that the town can offer to boost economic development in sections of town like Walnut Street, we did that TIF for Walnut Street Ext. There are other programs like that that are out there and I'm sure Debbie knows about them and I'm sure Cheryl knows about them but it was interesting for, and I'm sure for Councilor Calabrese, for us to learn about those and I think we should be taking a more proactive step on finding parts of town that could use that kind of help. So I have all my notes from that day, I have all my handouts. If anybody wants the other handouts I can certainly provide those as well but I • thought that the betterment and special assessment handbook would be the most helpful considering what we're facing. So thank you. Councilor Calabrese — If I could just step on Gina for a minute. I actually have my notes from the session that I went to as well with the book and I'll get that to you tonight. • I have that to share. Thank you. , Councilor Letellier—That's it. Thank you. President Johnson — That's it? Just one shameless promotion — the night before the • Rotary's Harvest Festival, the Leonard House is hosting its 3rd Annual Wine & Craft Beer Tasting so I'd invite all the members of the Council and members of the general public to come out and support the house. It's the most significant historic structure that exists in Agawam and we need to raise money to keep it in the condition it's in. With that, the Chair will entertain a Motion to adjourn. So moved. It's the 18"' — the night before the Harvest Festival. Moved and seconded all around the house to adjourn. All those in favor say Ay? Any opposed? We are adjourned. Thank you. Adjournment at S:0&nL • • 22 •