The URL can be used to link to this page

TR-2009-4 RULES AND REGS AMENDMENT -md 7 M, , jL TR-2009-4 CW, 6`7 VJ 0 A RESOLUTION AMENbING THE RULES AND REGULATIONS OF THE AGAWAM CITY-COUNCIL Sponsors: Councilors Cecilia P. Calabrese, Dennis J. Perry, Donald M. Rheault and Gina M. Letetlier WHEREAS, the Rules and Regulations of the Agawam City Council have not been updated since November 1-6, 2004; and WHEREAS, it is in the best interests of the Citizens of Agawam that the Agawam City Council Rules and Regulations be updated to conform to contemporary legislative policies and practices; NOW, THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to amend its Rules and Regulations as follows: PLEASE SEE A ITA CHED VERSION OF THE RULES AND REGULA TIONS OF THEAGA WAM C17T COUNCIL DL5�rt �OA_ 17610y 6-t ., ofl--r—awn L Dated this day of ___' 2009. PER ORDER OF THE AGAWAM CITY COUNCIL ier. C sident ina M. Letellier, (�hyto_uncil President Date APPROVED AS TO FORM AND LEGALITY L- M10�1 Christopher Johnso- , ity Solicitor -VW .14yogtke MAYOFAL ACTION Received this M 2009 from Town Councii Clerk. day of Signed by Council President this day of 72009. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as qjr%— amended, I hereby approve the passage of the above legislation on this—tn day of LAW ) 2009. Susan R. Dawson, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto t�e passage of the above legislation on this day of 2009 for the following reason(s): Susan R. Dawson, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this day of _7 2009. A GA WA M CITY COUNCIL RULES AND REGULATIONS o� INDEX Rev. 4/21/09 RULE NUMBER PAGE NUMBER I Order of Business 3 2 Receiving, Referral of Business 3 3 Hearings 3 4 Citizen's Speak Time 4 5 Duties of the Presiding Officers 4 6 Rights and Duties of Members 5 7 Seating of Councilors 5 8 Roil Call, Order of Vote 5 9 Filing Deadline 5 10 Form of Reports 6 I I Referral to Committees 6 12 Motions Out of Order 6 13 Committee Appointments 6 14 Standing Committees -7 15 Council Rules and Regulations 7 16 Budget Review 7 17 Minutes of Council Committee Meetings 8 18 Policies Related to the City Auditor and 9 Administrative Assistant to the Council 19 Inquiries and Investigations 9 REGULATIONS I Street Acceptance I 2 Automatic Amusements Devices 12 (Appendix A and B are located on page 13) 2 RULES RULE #1. ORDER OF BUSINESS At every regular City.Council Meeting, unless otherwise determined by a majority of the members present, the order of business shall be as follows: • Item I Citizen's Speak Time • Item 2 Roll'Call • Item 3 Moment of Silence and the Pledge of Allegiance • Item 4 Approval of Minutes • Item 5 Declaration from Council President • Item 6 Presentation of Petitions, Memorials and Remonstrances • Item 7 Reports of Council Committees • Item 8 Elections • Item 9 Public.Hearings • Item 10 Old Business • Item I I New Business • Item 12 Any other matterthat may legally come before the City Council RULE#2. RECEIVING, REFERRAL OF-BUSINESS The Administrative Assistant to the City Council shall refer to the appropriate departments, boards or commissions all routine petitions such as Zone Changes and Street Light Petitions and duly notify the City Council of such receipt and referral. RULE #3. HEARINGS On all hearings before the City Council, proponents and opponents shall be allowed time for the presentation of their respective cases to the City Council. All Hearings will be subject to the following conditions: Time limits may only be extended by a majority vote of Council members present at the meeting. Each speaker has ten minutes total, if needed, to present the subject of his or her concern. Questions by members of the City Council shall be allowed only after the speaker's allotted time has expired or after said speaker has terminated their presentation. • No speaker will be allowed to bequeath time to another or for another speaker. • Any person shall have the right to be recoided for or against the subject being heai:d. 3 0 After close of all hearings,no further evidence, oral or written, maybe presented. 0 The City Council President or Presiding Officer of a hearing shall preserve order and der-or-um. * Any person shall be allowed to address the City Council only once on any given subject or topic being heard. RULE #4. CITIZEN'S SPEAK TIME The Agawam City Council shall provide a Citizen's Speak Time at the beginning of each Regular City Council Meeting subject to the following conditions: 0 Each speaker shall have five (5) minutes, if needed, to present the subject of his or her concern. - 0 The time shall be kept by the Council Assistant with a warning,of one minute remaining. 0 No speaker will be allowed to bequeath time to another or for another speaker. 0 Prior to the meeting each speaker must notify the President, the City Council or the Council Assistant of his or her desire to speak giving name, address and the subject to be presented. A sign up sheet is provided for this and is placed upon the podium where the person shall speak. At two minutes prior to the beginning of the Council meeting, the Council Assistant shall bring this list to the President orpresiding officer. 0 Speak time shall be only at the regular meetings of the City Council. 0 Time limits may only be extended by a majority vote of the Council members present. a The City Council President or presiding officer of the meeting shall maintain order and decorum. RULE #5. DUTIES OF PRESIDING OFFICERS The duties of the presiding officers where applicable shall be in accordance with Roberts' Rules of Order. Prior to any Regular or Special City Council meeting, the Mayor may conduct an Agenda review meeting to review the Council Agenda with the Council President and/or Council Vice- President. No more than three other.City Council members may also attend said Agenda Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting shall not exceed five (5) City Council members, including the Council President and Council Vice- President. 4 The Presiding Officer-of the City Council shall take the Chair at the hour to which the Council has adjourned and call the members to order and shall forthwith execute the Agenda of Business. The Vice-President shall act as President during the absence or disability of the President. In the absence of both the President and the Vice-President, the senior member of the City Council, by age, shall serve as temporary President. In the event the President or Vice-President of the City Council resigns or is called upon to act as Mayor in a permanent fashion, the C�ty Council will hold elections to determine a new President and/or Vice-President. RULE #6. RIGHTS AND DUTIES OF MEMBERS The members' right to speak shall be in accordance with Roberts' Rules of Order. In the event the President wishes to speak on the suhject matter of an issue or article of legislation before thefull Council;the President shall step out of hislher Chair and shall turn such Council meeting over to the Council rice President while the President is so addressing the Council. The President shall resume the chair after hislher presentation. "en the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax orfee to be assessed to the residents of.the City'ofAgawam, the Council President, as the Parliamentarian, has the right to determine the number of votes required to pass the measure. RULE #7. SEATING OF COUNCI LORS The seats of the City Council shall be numbered and determined by lot annually during the first meeting of the year. No member shall change his or her seat except by permission of the' President. The oldest member of the City Council sits at the left of the President. RULE#8. ROLL CALL, ORDER OF VOTE The order of voting shall be by Roll Call in alphabetical order and the first to vote shall be determined by rotation in alphabetical order at the beginning of each Regular or Special meeting. RULE #9. FILING DEADLINE No new item may be included on a Regular City Council Agenda unless said item is submitted to the Administrative Assistant to the City Council in writing by Thursday, 12:00 Noon, prior to a Regular meeting of the City Council, At the time of submission of any item of business for the Council Agenda, the person or persons proposing the measure shall submit supporting information or documentation sufficient to specify the nature of the business to be considered by the City Council, In the event a'.City Councilor is unable to submit a proposed item personally, 5 he or she can authorize the Administrative Assistant to the City Council to submit the item by telephone message or emaiL The Administrative Assistant to the City Council shall compile an Agenda of all such proposed Orders, Ordinances and other New Business along with the Agenda of the Old Business remaining before the City Council and shall see that a copy of the completed Agenda is delivered to the place of residence of each member of the City Council not later than 5:00pm on the Thursday preceding such Regular meeting of the City Council. The Administrative Assistant to the City Council shall include the name of the member or members proposing an item of Agenda. Any Orders,Resolutions and Ordinances shall be sponsored only by the Mayor or by a member of the City Council. RULE #10. FORM OF REPORTS All reports and other papers submitted to the City Council shall be in writing, properly endorsed, and the Administrative Assistant to the.City Council shall make copies of any and all papers to be reported by Committees at the requests of the respective Chairperson thereof. RULE #11. REFERRAL TO COMMITTEES When an Order, Resolution or Ordinance relates to a subject which should properly be examined and reported upon by a standing sub-committee of the City Council, such Order, Resolution or Ordinance shall upon presentation be referred by the Council President to such committee and must be reported back by the committee within thirty(30) days from the date of referral. All petitions, remonstrances, memorials, communications or any other matter before the City Council may be referred as follows: • To a standing sub-committee of the City Council • To a special committee of the City Council • To the Mayor • To Boards or Commissions RULE#12. MOTIONS OUT OF ORDER The Presiding Officer may at any time, by a majority vote of the members elected, permit a member to move an Ordinance, Resolution or Motion out of Regular Order. RULE #13. COMMITTEE APPOINTMENTS Each year all sub-committees shall be appointed and announced by the President unless otherwise provided for or specifically directed by the City Council. Any member shall have the right to appear before any sub-committee of the City Council and be heard. The Chairperson of any sub-committee may cancel a scheduled meeting for cause; other-wise, the senior member by length of service shall preside at the scheduled sub-committee meeting. 6 RULE #14. STANDING COMMITTEES The standing sub-committees of the City Council shall serve yearly and address themselves to the issues under their respective jurisdiction. They shall meet at least quarterly and provide verbal reports of such matters it has reviewed. A call of standing sub-committees shall be executed by the Council President at the first meeting in April, August and December, at which time the s�ub-committee chairperson shall review and present a brief report of the goals, objectives and actions of their respective sub-committees and report to any continuing work. A Call of the City Auditor shall also be executed by the Council President at thefirst meeting in April,A ugust and December, at which time the City Auditor shall review andpresent a brief report of the goals, objectives and action of hislher Accounting Department and report to any continuing work • Committee or) Rules & Regulations • Committee on Ordinances • Committee on Utilities & Street Acceptance • Committee on Licenses • Committe� on Finance • Committee on Public Safety • Committee on Zoning Review • Committee an Industrial Relations • Any Ad Hoc Sub-Committees RULE#15. COUNCIL RULES AND REGULATIONS All Rules and Regulations of the City Council shall be given by the City Clerk to every newly elected City Councilor within two (2) weeks from the date of election. RULE #16. BUDGET REVIEW Five (5) Budget sub-committees as listed below will be named by the Council President to review the annual Operating Budget and Capital Improvement Budget. COMMITTEE NAME ITEMS REVIEWED School Budget Committee School Budget (Five members) Operating Budget Committee #1 City Council (Three members) Mayor Accountant/Auditor Clerk Treasurer/Col lector Assessor Law Department Elections & Registrations Council on Aging 7 Board of Appeals Data Processing Line Items Operating Budget Committee #2 Fire (Three members) Police Weights & Measures Building Inspector Community Development Veterans' Services Health Department Agawam Country Club Operating Budget Committee 43 DPW Administration (Three members) Highway& Grounds Maintenance Engineering Motor Vehicle Maintenance Parks &Recreation Library Building Maintenance Water Department Waste Water Department Capital Improvement Budget Committee Capital Improvement Budget (Five members) The School Budget Sub-Committee shall issue a report to the Full Council within thirty(30) days of the completion of the budget hearing and copies of the proposed budget will be submitted to all Council members. After submission of the annual Operating Budget by the- Mayor to the Council, a workshop shall be conducted in order to review with the School Department staff in attendance. In the event that the Comrnonwealth of Massachusetts delays the issuance of Cherry Sheets and this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough time to follow the above-described budget review process before the Council's approval deadline (in accordance with Massachusetts General Laws), this rule shall become subject to.the discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with the Mayor to review the Operating Budget in as many meetings as it takes for the Council to fully gather the information it deems necessary to grant final approval of the Operating Budget. RULE #17. MINUTES OF COUNCIL SUB-COMMITTEE MEMBERS * Minutes of all Council Committee Meetings will be-recorded in writing. 0 Each Sub-Committee Chairperson will designate a recording secretary from Committee members. 8 The recorded minutes of each sub-committee meeting will be given to the Administrative Assistant to the City Council within two (2) weeks of the Sub-Committee meeting for typing and distribution. • After approval by the City Council, the minutes shall beftled in the Office of the City Clerk • Minutes of all City Council meetings will be recorded in compliance with Massachusetts General Laws governing public meetings. RULE #18. POLICIES RELATED TO POSITIONS UNDER CITY COUNCIL JURISDICTION (Administrative Assistant to the City Council and City Auditor) The City Auditor position is a non-union position but is classified as a Department Head level position. The Administrative Assistant to the City Council is a non-union position and is classfed as an Admin istrativelClerical position as per contract between the City of Agawam and the affiliated union. The City Auditor and the Administrative Assistant to the City Council shall have their performances evaluated annually by the City Council. The City Council, per Town Code, shall elect or re-elect the City Auditor and Administrative Assistant to the City Council on the non-election years. This will allow the full Council to have one year's worth of experience to adequately evaluate said employee's performance in accordance herewith- RULE#19. INOUMIES AND INVESTIGATIONS The City Council shall with an affirmative majority vote of the Full Council conduct an inquiry, hearing or investigation of any department, department head, and/or employees and City officials. The procedure-to be taken by the City Council shall be as follows-, 4 • The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings and Executive Sessions held'by the City Council for purposed of investigation of any City official or department. • If requested by the City Council, an attorney whose services shall be employed for purposed of inquiry or investigation, and shall be subject to approval by the majority of the Full Council, • Funds shall be used from the account entitled the City Council "Professional Consultant Services" to pay for services rendered by the attorney employed by the City Council for said inquiry or investigation. 9 All subpoenas and letter of notices to witndsses and/or subjects of discussion shall be included in the duties of the legal counsel employed by the City Council. It is understood that the witnesses may waive the subpoena.and voluntarily come forward. • All written notices requiring forty-eight (48) hours notice prior to any hearings shall be hand-delivered to persons,by the Police Department as authorized by the Administrative Assistant to the City CounciL • The City Council may, by an affirmative vote of the majority of the Full Council, establish a three (3) person committee appointed by the Council President to hear testimony, collect evidence and present facts to the Full Council in Executive Session. • The meetings of the City Council and/or Sub-Committee, unless otherwise requested by the individual or department involved, may be held in Executive Session. They shall also be conducted in accordance with the Open Meeting Law, Massachusetts General Laws Chapter 3 OA, §I I A 1/2. • The proceedings of the meetings shall be recorded and transcribed verbatim and provided to the.Full Council along with a copy of the Sub-Committee findings. • The Sub-Committee will report its findings and recommendations to the Full Council. • The Full Council will make the final determination and. shall take any action they deem necessary. 10 REGULATIONS REGULATION #1. STREET ACCEPTANCES • Any petition filed by owners of land abutting a way, by the Superintendent of Public Works, or by the Planning Board for Street Acceptance, shall be placed on a Regular Council Agenda. The petition will then be referred to the Utilities & Street Acceptance Sub-Committee (hereinafter referred to "the' Committee"). • The Committee will schedule a Public Hearing and send Public Hearing notices to all owners and abutters of the way according to the records of the Office of the Assessor. The Administrative Assistant to-the City Council shall post the Public Hearing notice on the bulletin board in the office of the City Clerk as well as publish it in a newspaper of general circulation in the City of Agawam at least fifteen (15) days prior to the scheduled Public Hearing. The Public Hearing shall be held within seventy-five (75) days of referral of the petition to the Committee. The Committee shall view the street prior to the Public Hearing. • The Committee shall display at the Public Hearing a plan showing the layout of the proposed public way. If no plan is submitted with the petition, the Department of Public Works shall provide a cost estimate for preparing a plan to the community which shall determine if public or private funds are available to prepare the plan. If no public or private funds are currently available to prepare the plan, the Public Hearing shall be postponed indefinitely pending the appropriation of funds. • Voting cannot commence if there is not a quorum present. When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City ofAgawam, the Council President, as Parliamentarian, has the right to determine the number of votes required to pass the measure. • The Committee will conduct the Public Hearing(either on site or at a central location within the community) noting all public comments. The Superintendent of Public Works shall submit his/her written comments to the Committee regarding any potential present and future costs to the community of accepting the way at or before the Public Hearing. • Following the Public Hearing, the Committee will present the petition along with a summary of public comments and the report of the Superintendent of Public Works to the Mayor for his/her recommendation which shall be forwarded to the Committee within thirty(30) days after presentation, • Upon receipt of the Mayor's recommendation or the expiration of the thirty (30) day period provided above, whichever shallfirst occur, the Committee shall prepare and send Waiver of Damage forms to all owners and abutters of the way according to the records of the Office of the Assessor. A thirty(30) day period will be allowed for the return of the Waiver of Damage forms to the City. The Committee shall also prepare an estimate of Eminent Domain Damages in the,event that all owners/abutters do not return the Waiver of Damage forms. The Committee shall determine if public or private funds are available to pay the estimate of Eminent Domain damages; the Committee shall recommend that the petition be tabled indefinitely pending the appropriation of funds. Upon the expiration of the thirty(30) day period provided above, the Committee shall meet and receive the following information (1) public comments at Public Hearings, (2) the written comments of the Superintendent of Public Works, (3) the recommendation of the Mayor, (4) the plan, and (5) the estimate of Eminent Domain Damages. After completing its review, the Committee shall formulate its written recommendation to the Full Council regarding the petition for the Street Acceptance. The written recommendation of the Committee shall then be placed on the next Regular City Council Agenda for action by the full Council. If the petition is passed by the City Council by a 213 majority vote of the entire City Council (8 votes), all recording and notice requirements of Massachusetts General Laws Chapter 82 shall then be carried out by the Law Department as an agent of the City Council. REGULATION#2. AUTOMATIC AMUSEMENT DEVICE(S) In accordance with Massachusetts General Laws, Chapter 140, Section 177a, as amended from time to time, and Section 75-1 of the Code of the City of Agawam, any individual or business desiring to keep and operate an Automatic Amusement Device(s) for hire, gain or regard shall secure an annual license from the City Council. The City Council hereby adopts the application package which is attached hereto and incorporated herein-by reference. Said application package contains the following documents: a Information and instructions for the application for Automatic Amusement Device(s). 0 Application for said License or renewal of License for Automatic Amusem&nt Device(s). 0 Form for zoning and occupancy information verification from the Building Inspector of Buildings and Police Department inspection. a Sample order granting or renewing a License for Automatic Amusement Device(s). 12 APPENDIX A A majority of the Full City Council shall constitute a quorum. Except as otherwise provided by law or by the Agawam Home Rule Charter, any motion or measure may be adopted by a majority vote of those present. When the City Council is in doubt as to the number of votes required to pass a measure, the City Council may obtain a written legal opinion from the City Solicitor which states the number of votes required to pass the measure. kPPENDIX B City Auditor Job Description Administrative Assistant to the City Council Job Description 13 Agawam Law Department C-) Memo I C) To: Council President Rheault C From: Vince Gioscia, City Solicitor Cr CC: Date. 10/18/2010 Re: Votes Required to Pasq an Ordinance This memorandum is written in reply to your email on October 1, 2010 regarding a town councilors question concerning how many votes are required to pass an ordinance if the vote is not designated by statute. After conducting some research on the subject, the answer maybe found in Appendix A of the Agawam City Council Rules and Regulations. The secton states"Except as otherwise provide by law of by the Agawam Home Rule Charter, any motion or measure may be adopted by amajority of those present"See Agawam City Council Rules and Regulations,Appendix A, pg. 13(emphasis added). This seems to state that only a majority of the Council at a meeting is required to pass a measure. Absent a statutory provision that states otherwise, a majority vote is all that appears to be needed to pass an ordinance. As for the Councilors question regarding the changing of the rules to require eight votes for passage, that appears to be a measure not prohibited by statute(all the statutes that relate to the legislative power in the General Rules either explicitly state that a majority vote is required for the council to exercise their authority or impliedly support such a notion by stating that the council may override mayoral vetoes via a two-thirds vote. It therefore seems that a majority of the Council could change their own regulations to require a two-thirds vote to pass an ordinance. If there are any further questions, please notify me. Respectfully ✓. CG- Vince Gioscia, City Solicitor •Page 2 O-A :YA I A.s_Q�4e�r Qf✓t i/� S�—�l�i S_i/1 2 �r L'�i1t.e Ct-dLS�.lr� ctta_r�a '1 L) — �,��.$_D_`�tQ,�U.71_S�Y)Q`�QG�r�VIM_(L �✓ dVl(7�]G`�._� �-� - ea�.ncessa M ad o�a,��_cq)�r�(Jn_afi_v_�. Dom,(" S Or `AaOe¢� 61:aufc - r-� ��r-e_g= f �_Cus p M- -b-o"k2 vl-uakad--b-�P-- 0-01�,f +-yc�Qr-��e�+a.-rrn5� slimld S�u� `�ctt &-tn,u.�-c�_��a�u�.L��oIP _ �Sc c OR- (1 [ru,-►- �roeeeQ,c.cr e -r-D 7'i;r'✓z"�udlfio� abed "e avac an at cl n (.�-d v Juv�se o S-I- i ati r� • sub-ac�mm�-F�e�_, v-�. . ) ' � S hLCtC1�tt e:J- siryuilrxr (i jLat-U (5Z �.ecxr�� 2fic . -C17Lc5Y1 one t�-e�� r e b o d-s clan q-3 hat- aS�,i S Woicti ? ��r-✓1�e2 as an z��r_,_ �e s sim_ s-1-- �_ la�nfi o�ro �_a-�orrna( rn-t (3 r)e vaaus ah a cfi o4- �Q/✓iPSt' ', -S.e Of- UaSby� t ? -Foy' o0 00 S r tfm� o r o r ie i-neQ i 2_a e u rn1I-Armal 1� s fi ' J Owt,cte& or Charr nLu raYt po-S o-r NAA eel sub- "at ±k.e hour l ,(JU.n Ci hCt3 ad i.`Uuf/le t EVU-9—y-aC- (I �f -� �- fj EE � aol _ an cA u c 4-e d, s h n D�L ��c�� of � r.� s 1 ct.� ►� �� .e� GIG_e.e 04 pr e s �� _��c�Pr s r vo LIS a-o� as �� --c� -�A �.au a s sa c J-0 o s S o(-Cu(- s ha 05 t o 4-kv Rrs- - rup-fi 0 c,c n �-{ c _ c�c aS avJ_%Zafi7.0_A_ Ys-1- -to obi �1 24rct rur OL) �.2aV �' �� dAj a 1-dc Q wti (LGc�- es ( (af- Gj dear -fo A-d,w1,i n A-s 5�-- S 009. Q -d� s b -�m o vi,e C i> wzzl2 Sb Lu,n c.,( 1 (' cU'�h�tte_Lt ase r�04 VA � � ` (-ec� r s�yu-us Vl�t.��'U��-S_Lu2Lr_c , -i .z dbufQ& OX a (I. b6(:V S_ Qzm -0 �2eC4,lAS,[ 5 AA U/ Aoor-d O�ts ok- b.2 � n cA-u de d i'o --I-G -s 2u.1-e 7 . ^5 0� •—�i�_��CJZ2� c.Lial,C� �L.�/��2c�S-e s-ee Cc{�e �t. i� •J h s erg' hoverq cu.<dix d��d �Z2�S1!.fip� av� I'nC1�u��C�l�L�'— `Sha( re -ct p 00i 0-1- 01 d IPyyu s��e s s ZLO Ou s I:,'-w Ss , k4��aji•�Q��s ' andact m ct� bey IA)0 ",lr Os SCms(_RLIO�.�fi � -fo acPo�f O- Ad a n J-1 c e. . 4-- 'W.e e�uti� � a-c�.e MtZfi rz°� I�by ►�2cec��S_'. Cuz r2otJe— od P,"(, Ca1,cn G l �A, rlYLP_ fUn6t a ULuS ULS i _(2 nL 1?2a�ef U UAU'r�s Mot Class s' /s. f5 -44urQuS�'l Cr` �.�& ccind— D 6b�es ✓l_P. ctSSd�`U d Cq w' r'l.�n � e �'LQ.al c�P��v�csus fLu,teg . N W� 4-dr- -Sr c;r z 2- Re-5 1 lob-,4,- (st e A �e5fujs 0 f4r daullci I%b.) h6u)j- bz"�,- Stjo(A 1,/� e FP L-F, 11-yu OJIS Z�rt�l IT'-Z> . ( i-/ �D hU,� 'tdU-Yt n yluc4-3L(-ra skoa,( b�- mq*(t, bi 0- VN�, C��tov PogpLt M-) adopf afl,� ccppiz)pnafiv7/ Orcb`oarM� 6qoW(C C,,e- - '1�1 K vo�ej --44u -� bal-A' v 'SVIMAJ& bw l*0 '611zr r-L::�,�Stt� lor 54o:fi-n 3u.o � CJ IL C-0fd 0 O-te-d ri cclikn.c�i' l t>hat I bc *D � Lcu % 5Kcutcls'�� 4ha+ vw-'(ricJr--s au cktcci� at)j( 4D pUb!("C, OL f*-r q-) - a. CA' OIXL(..r z t'sr. ct. 0 0-�2 PYD Le-CUA-f-d .�+u Af,tpr 0-- ct t --�ap n �z�j LlAa r�, 0- e,f a s c) 4�-. J-b actj CL tD r e c�,t S a i p-r- -PYO&CM,cle as with Appol'Ok � -&V-JUJ� (29 -P--ro- ct I cn wt h cmm- CA-s a.34% 't cu a ck (I U s 5 16n- Oc PIV-P apy,�oof-,_ ,tsp. T', - Ile n ct 0-� r , Q �_s to 6�. -Iu cc -pr6 k3 . _.r �OPPOSC i�(af St cy- i.-p- O__ C) e--Cc au k-�- KI CJ ObA��rl�q _JC s tA wd sa_� b I -&fit )�_e No-h'u s o� PLA-Hi-c 4+ar,- Jfs _f_ +�u kl�r �D WN K ha3 00 k'q_�_((Uct, -�-Iv s Z(ul J �C e(f t!%�p �_r s S � rut fond Gi C Vie( Spa f �t C�,fi U,�-) i ct.crl C F6-u-f s . —Tli,--. 5 G��= Le o4 ke s c o c( 1 u Pri-s ,'o(;,6e1Lt- Sh CL( ) kLi` 5 -eat ; n ivtc Q f N -fi u C} �n o- oc- and i (� I' e ow C( [v. sllur Q/Yq-� i✓Ln.+v�q o rcu r S Ala (I Sin-(t c��} �St a-a fi o c ( n 44� '' r ' i fir ` GL. .o a� i i zatz� M ec ,n�.�-+�►�� c�-� �� i-�� S/ � � pis ►�� -C rSt -tD 000 e-vutne- for Sko-q ro C-) 0-1 �q( S 1 I'U(- OP portut 0 1 ki, t) vro k 0 i 0 n ''rj occ- u.r. i kod-� 4-1 -7 51 --�uR 0�) M -.5 bLuh -7v\ 0 rU W.tj- cj, s r Olct -�t n04 f m VC I yu C.Q. -s TL� VJ Oato _K s- �lm Q_ V�_, (Ilat'at i�� - wtau4" .- oo- Lo"(f �tt ar A4 jUt4- -e 011,U. /A -U)j J6 , U-1-1 800r-cl a�lcf C (A, ly At;' J'a.C,t�,(�CLt9 Qo �_e i Lu 1(j v s (2 np cy� Ino- 4 f _e 110 clt S_ I"/) CA a-,.r--k i Did �u sry"U s s /Nau Ou s 1� ssk'x I CL V1 cch,cy) C>� -41 i's r) (Y) PL* 7 Or 41, 0 f-e 6d t'�l 5 adop-� OL41 0..1 &C d CCU 6 6ul(to dj 7 ) 4,0-m a c,l I vV� I o dc� ft,i�d ra ('s s c f S J Lj 4C-9-A 40 S p n �t C,c o ct[ ;v` U. /I T Gov�tsv�r Nev moch LhAuc%,tl.,�u,kl-t -De-v I de(-S) SL,�.u;JU n�. i�-c�-l�.( ��ce.clee�-Amu an Cl C' l ce ss T?( 6 Le Lit uo Secs).,' .a bt-u-ce ll 9 .I. i'c,e.�1-�e � s y-CurvuS�� C�� G.��r� c�ri� Cou.�nc; I . _. M&I Cow adopJs +&.e 11:UA 6v-� a 41!�j u k Ilk(L-fD I e1 UuCQ,LGr 0i1Gk r S (.+' (l.L9 C.e 5� � U�l.�_W.(� �'�-P O �G� Cl�;,✓-I� m� 62�3 �'l,Q Ce.SScu.o'L� �- �l�" b�e.� r� �-u� ✓le.e.esSc:�z,r. Chan, 32 J ._J (Q a t clwSll�' 5ek-m i✓lfo 15 CLI (P-o 2 U� Pl�6'�'C�LCS R-I,I,G�s RULES RULE A. ORDER OF BUSINESS At every regular City Council Meeting, unless otherwise determined by a majority of the members present, the order of business shall be as follows: a Item I Citizen's Speak Time * Item 2 Roll Cafl e Item 3 Moment of Silence and the Pledge of Allegiance 0 Item 4 Approval of Minutes 0 Item 5 Declaration from Council President 0 Item 6 Presentation of Petitions,Memorials and Rernonstrances 0 Item 7 Reports of Council Committees Q060JAU d I f-o 0 Item 8 Elections 0 Item 9 Public Hearings 0 Item 10 Old Business 0 Item I I New Business * Item 12 Any other matter that may legally come before the City Council RULE#2. RECEIVING, REFERRAL OF BUSINESS The Administrative Assistant to the City Council shall refer to the appropriate departments, boards or commissions all routine petitions such as Zone Changes and Street Light Petitions and duly notify the City Council of such receipt and referral. Vu b�,(�C) RULE#3. HEARINGS On all hearings before the City Council, proponents and opponents shall be allowed time for the presentation of their respective cases to the City Council. All Hearings will be subject to the following conditions: • Time limits may only be extended by a majority vote of Council members present at the meeting. • Each speaker has ten minutes total, if needed, to present the subject of his or her concern. • Questions by members of the City Council shall be allowed only after the speaker's allotted time has expired or after said speaker has terminated their presentation. • No speaker will be allowed to bequeath time to another or for another speaker. • Any person shall have the right to be recorded for or against the subject being heard. 3 After close of all hearings, no further evidence, oral or written, may be presented. The City Council President or Presiding Officer of a hearing shall preserve order and decorum. Any person shall be allowed to address the City Council only once on any given subject or topic being heard. RULE #4. CITIZEN'S SPEAK TIME The Agawam City Council shall provide a Citizen's Speak Time at the beginning of each Regular City Council Meeting subject to the following conditions: • Each speaker shall have five (5) minutes, if needed, to present the subject of his or her concern. • The time shall be kept by the Council Administrative Assistant with a warning of one minute remaining. • No speaker will be allowed to bequeath time to another or for another speaker. • Prior to the meeting each speaker must notify the President, the City Council or the Council Administrative Assistant of his or her desire to speak giving name, address and the subject to be presented. A sign up sheet is provided for this and is placed upon the podium where the person shall speak. At two minutes prior to the beginning of the Council meeting, the Council Administrative Assistant shall bring this list to the President or presiding officer, • Speak time shall be only at the regular meetings of the City Council. • Time limits may only be extended by a majority vote of the Council members present. • The City Council President or presiding officer of the meeting shall maintain order and decorum. RULE #5. DUTIES OF PRESIDING OFFICERS The duties of the presiding officers where applicable shall be in accordance with Roberts' Rules of Order. Prior to any Regular or Special City Council meeting, the Mayor may conduct an Agenda review meeting to review the Council Agenda with the Council President and/or Council Vice- President. No more than three other City Council members may also attend said Agenda Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting shall not exceed five (5) City Council members, including the Council President and Council Vice- President. 4 -The Presiding Officer of the City Council shall take the Chair at the hour to which the Council has adjourned and call the members to order and shall forthwith execute the Agenda of Business. The Vice-President shall act as President during the absence or disability of the President. In the absence of both the President and the Vice-President,the seni"or member of the City Council, by age, shall serve as temporary President. In the event the President or Vice-President of the City Council resigns or is called upon to act as Mayor in a permanent fashion, the City Council will hold elections to determine a new President and/or Vice-President. RULE 96. RIGHTS AND DUTIES OF MEMBERS The members' right to speak shall be in accordance with Roberts' Rules of Order. In the event the President wishes to speak on the subject matter of an issue or article of legislation before the full Council, the President shall step out of his/her Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing the Council. The President shall resume the chair after his/her presentation. When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City of Agawam, the Council President, as the Parliamentarian, has the right to determine the number of votes required to pass the measure. RULE #7. SEATING OF COUNCILORS The seats of the City Council shall be numbered and determined by lot annually during the first meeting of the year. No member shall change his or her seat except by permission of the President. The oldest member of the City Council sits at the left of the President. RULE #8. ROLL CALL, ORDER OF VOTE The order of voting shall be by Roll Call in alphabetical order and the first to vote shall be determined by rotation in alphabetical order at the beginning of each Regular or Special meeting. RULE #9. FILING DEADLINE No new item may be included on a Regular City Council Agenda unless said item is submitted to the Administrative Assistant to the City Council in writing by Thursday, 12:00 Noon, prior to a Regular meeting of the City Council. At the time of submission of any item of business for the Council Agenda, the person or persons proposing the measure shall submit supporting information or documentation sufficient to specify the nature of the business to be considered by the City Council. In the event a City Councilor is unable to submit a proposed item personally, 5 -he or she can authorize the Administrative Assistant to the City Council to submit the item by telephone message or email. The Administrative Assistant to the City Council shall compile an Agenda of all such proposed Orders, Ordinances and other New Business along with the Agenda of the Old Business remaining before the City Council and shall see that a copy of the completed Agenda is delivered to the place of residence of each member of the City Council not later than 5:00prn on the Thursday preceding such Regular meeting of the City Council. The Administrative Assistant to the City Council shall include the name of the member or members proposing an item of Agenda. Any Orders, Resolutions and Ordinances shall be sponsored only by the Mayor or by a member of the City Council. RULE #10. FORM OF REPORTS All reports and other papers submitted to the City Council shall be in writing, properly endorsed, and the Administrative Assistant to the City Council shall make copies of any and �11 papers to be reported by Committees at the requests of the respective Chairperson thereof. RULE #11. RFFERRAL TO COMMITTEES When an Order, Resolution or Ordinance relates to a subject which should properly be examined and reported upon by a standing sub-committee of the City Council, such Order, Resolution or Ordinance shall upon presentation be referred by the Council President to such committee and must be reported back by the committee within thirty (30) days from the date of referral. All petitions, remonstrances, memorials, communications or any other matter before the City Council may be referred as follows: 0 To a standing sub-committee of the City Council 0 To a special committee of the City Council * To the Mayor * To Boards or Commissions RULE #12. MOTIONS OUT OF ORDER The Presiding Officer may at any time, by a majority vote of the members elected, permit a member to move an Ordinance, Resolution or Motion out of Regular Order. RULE #13. COMMITTEE APPOINTMENTS Each year all sub-committees shall be appointed and announced by the President unless otherwise provided for or specifically directed by the City Council. Any member shall have the right to appear.before any sub-committee of the City Council and be heard. The Chairperson of any sub-com' mittee,may cancel a scheduled meeting for cause; otherwise, the senior member by length of service sl�all preside at the scheduled sub-committee meeting. 6 RULE #14. STANDING COMMITTEES The standing sub-committees of the City Council shall serve yearly and address themselves to the issues under their respective jurisdiction. They shall meet at least quarterly and provide verbal reports of such matters it has reviewed. A call of standing sub-committees shall be executed by the Council President at the first meeting in April, August and December, at which time the sub-committee chairperson shall review and present a brief report of the goals, objectives and actions of their respective sub-committees and report to any continuing work. A Call of the City Auditor shall also be executed by the Council President at the first meeting in April, August and December, at which time the City Auditor shall review and present a brief report of the goals, objectives and action of his/her Accounting Department and report to any continuing work. • Committee on Rules& Regulations • Committee on Ordinances • Committee on Utilities & Street Acceptance • Committee on Licenses • Committee on Finance • Committee on Public Safety • Committee on Zoning Review • Committee on Industrial Relations • Any Ad Hoc Sub-Committees I RULE#15. COUNCIL RULES AND REGULATIONS All Rules and Regulations of the City Council shall be given by the City Clerk to every newly elected City Councilor within two (2) weeks from the date of election. RULE #16. BUDGET REVIEW Five (5) Budget sub-committees as listed below will be named by the Council President to review the annual Operating Budget and Capital Improvement Budget. COMMITTEE NAME ITEMS RIEVIEWED School Budget Committee School Budget (Five members) Operating Budget Committee#1 City Council (Three members) Mayor Accountant/Auditor Clerk Treasurer/Collector Assessor Law Department Elections & Registrations Council on Aging 7 Board of Appeals Data Processing Line Items Operating Budget Committee#2 Fire (Three members) Police Weights & Measures Building Inspector Community Development Veterans' Services Health Department Agawam Country Club Operating Budget Committee #3 DPW Administration (Three members) Highway & Grounds Maintenance Engineering Motor Vehicle Maintenance Parks& Recreation Library Building Maintenance Water Department Waste Water Department Capital Improvement Budget Committee Capital Improvement Budget (Five members) The School Budget Sub-Committee shall issue a report to the Full Council within thirty (30) days of the completion of the budget hearing and copies of the proposed budget will be submitted to all Council members. After submission of the annual Operating Budget by the Mayor to the Council, a workshop shall be conducted in order to review with the School Department staff in attendance. In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough time to follow the above-desen'bed budget review process before the Council's approval deadline (in accordance with Massachusetts General Laws), this rule shall become subject to the discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with the Mayor to review the Operating Budget in as many meetings as it takes for the Council to fully gather the information it deems necessary to grant final approval of the Operating Budget. RULE #17. MINUTES OF COUNCIL SUB-COMMITTEE MEMBERS • Minutes of all Council Committee Meetings will be recorded in writing. • Each Sub-Committee Chairperson will designate a recording secretary from Committee members. 8 9 The recorded minutes of each sub-committee meeting will be given to the Administrative Assistant to the City Council within two (2) weeks of the Sub-Committee meeting for typing and distribution. * After approval by the City Council, the minutes shall be filed in the Office of the City Clerk. * Minutes of all City Council meetings will be recorded in compliance with Massachusetts General Laws governing public meetings. RULE #18. POLICIES RELATED TO POSITIONS UNDER CITY COUNCIL JURISDICTION (Administrative Assistant to the City Council and City Auditor) • The City Auditor position is a non-union position but is classified as a Department Head level position. • The Administrative Assistant to the City Council is a non-union position and is classified as an Administrative/Clerical position as per contract between the City of Agawam and the affiliated union. • The City Auditor and the Administrative Assistant to the City Council shall have their performances evaluated annually by the City Council. • The City Council, per Town Code, shall elect or re-elect the City Auditor and Administrative Assistant to the City Council on the non-election years. This will allow the full Council to have one year's worth of experience to adequately evaluate said employee's performance in accordance herewith. RULE #19. INQUIRIES AND INVESTIGATIONS The City Council shall with an affirmative majority vote of the Full Council conduct an inquiry, hearing or investigation of any department, department head, and/or employees and City officials. The procedure to be taken by the City Council shall be as follows: • The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings and Executive Sessions held by the City Council for purposed of investigation of any City official or department. • If requested by the City Council, an attorney whose services shall be employed for purposed of inquiry or-investigation, and shall be subject to approval by the majority of the Full Council. • Funds shall be used from the account entitled the City Council "Professional Consultant Services" to pay for services rendered by the attorney employed by the City Council for said inquiry or investigation. 9 • All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be included in the duties of the legal counsel employed by the City Council. It is understood that the witnesses may waive the subpoena and voluntarily come forward. • All written notices requiring forty-eight(48) hours notice prior to any hearings shall be hand-delivered to persons by the Police Department as authorized by the Administrative Assistant to the City Council. • The City Council may, by an affirmative vote of the majority of the Full Council, establish a three (3) person committee appointed by the Council President to hear testimony, collect evidence and present facts to the Full Council in Executive Session. • The meetings of the City Council and/or Sub-Committee, unless otherwise requested by the individual or department involved, may be held in Executive Session. They shall also be conducted in accordance with the Open Meeting Law, Massachusetts General Laws Chapter 3 OA, §I I A 1/2. • The proceedings of the meetings shall be recorded and transcribed verbatim and provided to the Full Council along with a copy of the Sub-Committee findings. • The Sub-Committee will report its findings and recommendations to the Full Council. • The Full Council will make the final determination and shall take any action they deem necessary. 10 REGULATIONS REGULATION N. STREET ACCEPTANCES • Any petition filed by owners of land abutting a way, by the Superintendent of Public Works, or by the Planning Board for Street Acceptance, shall be placed on a Regular Council Agenda. The petition will then be referred to the Utilities & Street Acceptance Sub-Committee (hereinafter referred to "the Committee"). • The Committee will schedule a Public Hearing and send Public Hearing notices to all owners and abutters of the way according to the records of the Office of the Assessor. The Administrative Assistant to the City Council shall post the Public Hearing notice on the bulletin board in the office of the City Clerk as well as publish it in a newspaper of general circulation in the City of Agawam at least fifteen (15) days prior to the scheduled Public Hearing. The Public Hearing shall be held within seventy-five (75) days of referral of the petition to the Committee. The Committee shall view the street prior to the Public Hearing. The Committee shall display at the Public Hearing a plan showing the layout of the proposed public way. If no plan is submitted with the petition, the Department of Public Works shall provide a cost estimate for preparing a plan to the community which shall determine if public or private funds are available to prepare the plan. If no public or private funds are currently available to prepare the plan, the Public Hearing shall be postponed indefinitely pending the appropriation of ftmds. • Voting cannot commence if there is not a quorum present. When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City of Agawam, the Council President, as Parliamentarian, has the right to detennine the number of votes required to pass the measure. • The Committee will conduct the Public Hearing(either on site or at a central location within the community) noting all public comments. The Superintendent of Public Works shall submit his/her written comments to the Committee regarding any potential present and future costs to the community of accepting the way at or before the Public Hearing. • Following the Public Hearing, the Committee will present the petition along with a summary of public comments and the report of the Superintendent of Public Works to the Mayor for his/her recommendation which shall be forwarded to the Committee within thirty (30) days after presentation. • Upon receipt of the Mayor's recommendation or the expiration of the thirty (30) day period provided above, whichever shall first occur, the Committee shall prepare and send Waiver of Damage forms to all owners and abutters of the way according to the records of the Office of the Assessor. A thirty(30) day period will be allowed for the return of the Waiver of Damage forms to the City. The Committee shall also prepare an estimate I I of Eminent Domain Damages in the event that all owners/abutters do not return the Waiver of Damage forms. The Committee shall determine if public or private funds are available to pay the estimate of Eminent Domain damages; the Committee shall recommend that the petition be tabled indefinitely pending the appropriation of funds. Upon the expiration of the thirty (30) day period provided above, the Committee shall meet and receive the following information (1) public comments at Public Hearings, (2) the written comments of the Superintendent of Public Works, (3) the recommendation of the Mayor, (4) the plan, and (5) the estimate of Eminent Domain Damages. After completing its review, the Committee shall formulate its written recommendation to the Full Council regarding the petition for the Street Acceptance. The written recommendation of the Committee shall then be placed on the next Regular City Council Agenda for action by the Full Council. If the petition is passed by the City Council by a 2/3 majority vote of the entire City Council (8 votes), all recording and notice requirements of Massachusetts General Laws Chapter 82 shall then be carried out by the Law Department as an agent of the City Council. REGULATION#2. AUTOMATIC AMUSEMENT DEVICE(S) In accordance with Massachusetts General Laws, Chapter 140, Section 177a, as amended from time to time, and Section 75-1 of the Code of the City of Agawam, any individual or business desiring to keep and operate an Automatic Amusement Device(s) for hire, gain or regard shall secure an annual license from the City Council. The City Council hereby adopts the application package which is attached hereto and incorporated herein by reference. Said application package contains the following documents: • Information and instructions for the application for Automatic Amusement Device(s). • Application for said License or renewal of License for Automatic Amusement Device(s). • Form for zoning and occupancy information verification from the Building Inspector of Buildings and Police Department inspection. • Sample order granting or renewing a License for Automatic Amusement Device(s). 12 APPENDIX A A majority of the Full City Council shall constitute a quorum. Except as otherwise provided by law or by the Agawam Home Rule Charter, any motion or measure may be adopted by a majority vote of those present. When the City Council is in doubt as to the number of votes required to pass a measure, the City Council may obtain a written legal opinion from the City Solicitor which states the number of votes required to pass the measure. APPENDIX B City Auditor Job Description Administrative Assistant to the City Council Job Description 41 13 TR-2009-4 A RESOLUTION AMENDING THE RULES AND REGULATIONS OF THE AGAWAM CITY COUNCIL Sponsors: Councilors Cecilia P. Calabrese, Dennis J. Perry, Donald M. Rheault and Gina M. Letellier WHEREAS, the Rules and Regulations of the Agawam City Council have not been updated since November 16, 2004; and WHEREAS, it is in the best interests of the Citizens of Agawam that the Agawam City Council Rules and Regulations be updated to conform to contemporary legislative policies and practices; NOW, THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to amend its Rules and Regulations as follows: PLEASE SEE A TTA CHED VERSION OF THE RULES AND REGULA TIONS OF THE AGAWAM CITY COUNCIL Dated this day of 2009. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, City Council President Date APPROVED AS TO FORM AND LEGALITY Christopher Johnson, City Solicitor Date A GA WAM CITY COUNCIL R ULES AND RE G ULA TIONS INDEX Rev. 4/21/09 RULE NUMBER PAGE NUMBER I Order of Business 3 2 Receiving, Referral of Business 3 3 Hearings 3 4 Citizen's Speak Time 4 5 Duties of the Presiding Officers 4 6 Rights and Duties of Members 5 7 Seating of Councilors 5 8 Roll Call, Order of Vote 5 9 Filing Deadline 5 10 Form of Reports 6 11 Referral to Committees 6 12 Motions Out of Order 6 13 Committee Appointments 6 -14 Standing Committees 7 15 Council Rules and Regulations 7 16 Budget Review 7 17 Minutes of Council Committee Meetings 8 18 Policies Related to the City Auditor and 9 Administrative Assistant to the Council 19 Inquiries and Investigations 9 REGULATIONS I Street Acceptance 11 2 Automatic Amusements Devices 12 (Appendix A and B are located on page 13) 2 RULES RULE #1. ORDER OF BUSINESS At every regular City Council Meeting, unless otherwise determined by a majority of the members present, the order,of business shall be as follows: • Item I Citizen's Speak Time • Item 2 Roll Call • Item 3 Moment of Silence and the Pledge of Allegiance • Item 4 Approval of Minutes • Item 5 Declaration from Council President • Item 6 Presentation of Petitions, Memorials and Remonstrances • Item 7 Reports of Council Committees • Item 8 Elections • Item 9 Public Hearings • Item 10 Old Business • Item I I New Business • Item 12 Any other matter that may legally come before the City Council RULE #2. RECEWING, REFERRAL OF BUSINESS The Administrative Assistant to the City Council shall refer to the appropriate departments, boards or commissions all routine petitions such as Zone Changes and Street Light Petitions and duly notify the City Council of such receipt and referral. RULE #3. HEARINGS On all hearings before the City Council, proponents and opponents shall be allowed time for the presentation of their respective cases to the City Council. All Hearings will be subject to the following conditions: • Time limits may only be extended by a majority vote of Council members present at the meeting. • Each speaker has ten minutes total, if needed, to present the subject of his or her concern. • Questions by members of the City Council shall be allowed only after the speaker's allotted time has expired or after said speaker has terminated their presentation. • No speaker will be allowed to bequeath time to another or for another speaker. • Any person shall have the right to be recorded for or against the subject being heard. 3 • After close of all hearings, no further evidence, oral or written, may be presented, • The City Council President or Presiding Officer of a hearing shall preserve order and decorum. • Any person shall be allowed to address the City Council only once on any given subject or topic being heard. RULE #4. CITIZEN'S SPEAK TIME The Agawam City Council shall provide a Citizen's Speak Time at the beginning of each Regular City Council Meeting subject to the following conditions'. • Each speaker shall have five (5) minutes, if needed, to present the subject of his or her concern. • The time shall be kept by the Council Assistant with a warning of one minute remaining. • No speaker will be allowed to bequeath time to another or for another speaker. • Prior to the meeting each speaker must notify the Piesident, the City Council or the Council Assistant of his or her desire to speak giving name, address and the subject to be presented. A sign up sheet is provided for this and is placed upon the podium where the person shall speak. At two minutesprior to the beginning of the Council meeting, the Council Assistant shall bring this list to the President or presiding officer. • Speak time shall be only at the regular meetings of the City Council. • Time limits may only be extended by a majority vote of the Council members present, • The City Council President or presiding officer of the meeting shall maintain order and decorum. RULE #5. DUTIES OF PRESIDING OFFICERS The duties of the presiding officers where applicable shall be in accordance with Roberts' Rules of Order. - Prior to any Regular or Special City Council meeting, the Mayor may conduct an Agenda review meeting to review the Council Agenda with the Council President and/or Council Vice- President. No more than three other City Council members may also attend said Agenda Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting shall not exceed five(5) City Council members, including the Council President and Council Vice- President, 4 The Presiding Officer of the City Council shall take the Chair at the hour to which the Council has adjourned and call the members to order and shall forthwith execute the Agenda of Business. The Vice-President shall act as President during the absence or disability of the President. In the absence of both the President and the Vice-President, the senior member of the City Council, by age, shall serve as temporary President. In the event the President or Vice-President of the City Council resigns or is called upon to act as Mayor in a permanent fashion, the City Council will hold elections to determine a new President and/or Vice-President. RULE #6. RIGHTS AND DUTIES OF MEMBERS The members' right to speak shall be in accordance with Roberts' Rules of Order. In the event the President wishes to speak on the subject matter of an issue or article of legislation before thefull Council, the President shall step out of hislher Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing theCouncil. The President shall resume the chair after hislher presentation. When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax orfee to be assessed to the residents of the City'of Agawam, the Council President, as the Parliamentarian, has the right to determine the number of votes required to pass the measure. RULE #7. SEATING OF COUNCILORS The seats of the City Council shall be numbered and determined by lot annually during the first meeting of the year. No member shall change his or her seat except by permission of the President. The oldest member of the City Council sits at the left of the President. RULE #8. ROLL CALL, ORDER OF VOTE The order of voting shall be by Roll Call in alphabetical order and the first to vote shall be determined by rotation in alphabetical order at the beginning of each Regular or Special meeting. RULE #9. FILING DEADLINE No new item may be included on a Regular City Council Agenda unless said item is submitted to the Administrative Assistant to the City Council in writing by Thursday, 12:00 Noon, prior to a Regular meeting of the City Council. At the time of submission of any item of business for the Council Agenda, the person or persons proposing the measure shall submit supporting information or documentation sufficient to specify the nature of the business to be considered by the City Council. In the event a City Councilor is unable to submit a proposed item personally, 5 he or she can authorize the A dministrative Assistant to the City Council to submit the item by telephone message or email The Administrative Assistant to the City Council shall compile an Agenda of all such proposed Orders, Ordinances and other New Business along with the Agenda of the Old Business remaining before the City Council and shall see that a copy of the completed Agenda is delivered to the place of residence of each member of the City Council not later than 5:00pm on the Thursday preceding such Regular meeting of the City Council. The Administrative Assistant to the City Council shall include the name of the member or members proposing an item of Agenda. Any Orders, Resolutions and Ordinances shall be sponsored only by the Mayor or by a member of the City Council. RULE#10. FORM OF REPORTS All reports and other papers submitted to the City Council shall be in writing, properly endorsed, and the Administrative Assistant to the City Council shall make copies of any and all papers to be reported by Committees at the requests of the respective Chairperson thereof RULE #11. REFERRAL TO COMMITTEES When an Order, Resolution or Ordinance relates to a subject which should properly be examined and reported upon by a standing sub-committee of the City Council, such Order, Resolution or Ordinance shall upon presentation be referred by the Council President to such committee and must be reported back by the committee within thirty(30) days from the date of referral. All petitions, remonstrances, memorials, communications or any other matter before the City Council may be referred as follows: • To a standing sub-committee of the City Council • To a special committee of the City Council • To the Mayor • To Boards or Commissions RULE #12. MOTIONS OUT OF ORDER The Presiding Officer may at any time, by a majority vote of the members elected, pen-nit a member to move an Ordinance, Resolution or Motion out of Regular Order. RULE #13. COMMITTEE APPOINTMENTS Each year all sub-committees shall be appointed and announced by the President unless otherwise provided for or specifically directed by the City Council. Any member shall have the right to appear before any sub-committee of the City Council and be heard, The Chairperson of any sub-committee may cancel a scheduled meeting for cause; otherwise, the senior member by length of service shall preside at the scheduled sub-committee meeting. 6 RULE #14. STANDING COMMITTEES The standing sub-committees of the City Council shall serve yearly and address themselves to the issues under their respective jurisdiction, They shall meet at least quarterly and provide verbal reports of such matters it has reviewed. A call of standing sub-committees shall be executed by the Council President at the first meeting in April, August and December, at which time the sub-committee chairperson shall review and present a brief report of the goals, objectives and actions of their respective sub-committees and report to any continuing work. A Call of the City Auditor shall also be executed by the Council President at thefirst meeting in April,August and December, at which time the City Auditor shall review andpresent a brief report of the goals, objectives and action of hivher Accounting Department and report to any continuing work • Committee on Rules & Regulations • Committee on Ordinances • Committee on Utilities & Street Acceptance • Committee on Licenses • Committee on Finance • Committee on Public Safety • Committee on Zoning Review • Committee on Industrial Relations • Any Ad Hoc Sub-Committees RULE #15. COUNCIL RULES AND REGULATIONS All Rules and Regulations of the City Council shall be given by the City Clerk to every newly elected City Councilor within two (2) weeks from the date of election. RULE #16. BUDGET REVIEW Five (5) Budget sub-committees as listed below will be named by the Council President to review the annual Operating Budget and Capital Improvement Budget. COMMITTEE NAME ITEMS REVIEWED School Budget Committee School Budget (Five members) Operating Budget Committee #1 City Council (Three members) Mayor Accountant/A uditor Clerk Treasurer/Collector Assessor Law Department Elections & Registrations Council on Aging 7 Board of Appeals Data Processing Line Items Operating Budget Committee 02 Fire (Three members) Police Weights & Measures Building Inspector Community Development Veterans' Services Health Department Agawam Country Club Operating Budget Committee#3 DPW Administration (Three members) Highway& Grounds Maintenance Engineering Motor Vehicle Maintenance Parks & Recreation Library Building Maintenance Water Department Waste Water Department Capital Improvement Budget Committee Capital Improvement Budget (Five members) The School Budget Sub-Committee shall issue a report to the Full Council within thirty(30) days of the completion of the budget hearing and copies of the proposed budget will be submitted to all Council members. After submission of the annual Operating Budget by the Mayor to the Council, a workshop shall be conducted in order to review with the School Department staff in attendance. In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough time to follow the above-described budget review process before the Council's approval deadline (in accordance with Massachusetts General Laws), this rule shall become subject to the discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with the Mayor to review the Operating Budget in as many meetings as it takes for the Council to fally gather the information it deems necessary to grant final approval of the Operating Budget. RULE #17. MINUTES OF COUNCIL SUB-COMMITTEE MEMBERS • Minutes of all Council Committee Meetings will be recorded in writing. • Each Sub-Committee Chairperson will designate a recording secretary from Committee members. 8 • The recorded minutes of each sub-committee meeting will be given to the Administrative Assistant to the City Council within two (2) weeks of the Sub-Committee meeting for typing and distribution. • After approval by the City Council, the minutes shall beffled in the Office of the City Clerk • Minutes of all City Council meetings will be recorded in compliance with Massachusetts General Laws governing public meetings. RULE #18. POLICIES RELATED TO POSITIONS UNDER CITY COUNCIL JURISDICTION (Administrative Assistant to the City Council and City Auditor) • The City Auditor position is a non-union position but is classified as a Department Head level position. • The A dm in istrative A ssiNtant to the City Council is a non-union position and is classified as an A dm inistrativelClerical position as per contract b etween the City o f Agawam and the affiliated union. • The City Auditor and the Administrative Assistant to the City Council shall have their performances evaluated annually by the City Council. • The City Council, per Town Code, shall elect or re-elect the City Auditor and Administrative Assistant to the City Council on the non-election years. This will allow the full Council to have one year's worth of experience to adequately evaluate said employee's perfon-nance in accordance herewith. RULE N19. INQUIRIES AND INVESTIGATIONS The City Council shall with an affirmative majority vote of the Full Council conduct an inquiry, hearing or investigation of any department, department head, and/or employees and City officials. The procedure to be taken by the City Council shall be as follows: • The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings and Executive Sessions held by the City Council for purposed of investigation of any City official or department. • If requested by the City Council, an attorney whose services shall be employed for purposed of inquiry or investigation, and shall be subject to approval by the majority of the Full Council. Funds shall be used from the account entitled the City Council "Professional Consultant Services"to pay for services rendered by the attorney employed by the City Council for said inquiry or investigation. 9 • All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be included in the duties of the legal counsel employed by the City Council. It is understood that the witnesses may waive the subpoena.and voluntarily come forward. • All written notices requiring forty-eight (48) hours notice prior to any hearings shall be hand-delivered to persons by the Police Department as authorized by the Administrative Assistant to the City CounciL • The City Council may, by an affirmative vote of the majority of the Full Council, establish a three (3) person committee appointed by the Council President to hear testimony, collect evidence and present facts to the Full Council in Executive Session. • The meetings of the City Council and/or Sub-Committee, unless otherwise requested by the individual or department involved, may be held in Executive Session. They shall also be conducted in accordance with the Open Meeting Law,Massachusetts General Laws Chapter 3 OA, §I I A 1/2. • The proceedings of the meetings shall be recorded and transcribed verbatim and provided to the Full Council along with a copy of the Sub-Committee findings. • The Sub-Committee will report its findings and recommendations to the Full Council. • The Full Council will make the final determination and.shall take any action they deem ri�cessary. 10 WEGULATIONS REGULATION #1. STREET ACCEPTANCES • Any petition filed by owners of land abutting a way, by the Superintendent of Public Works, or by the Planning Board for Street Acceptance, shall be placed on a Regular Council Agenda. The petition will then be referred to the Utilities & Street Acceptance Sub-Committee(hereinafter referred to "the Committee"). • The Committee will schedule a Public Hearing and send Public Hearing notices to all owners and abutters of the way according to the records of the Office of the Assessor. The Administrative Assistant to the City Council shall post the Public Hearing notice on the bulletin board in the office of the City Clerk as well as publish it in a newspaper of general circulation in the City of Agawam at least fifteen (15) days prior to the scheduled Public Hearing. The Public Hearing shall be held within seventy-five(75) days of referral of the petition to the Committee. The Committee shall view the street prior to the Public Hearing. • The Committee shall display at the Public Hearing a plan showing the layout of the proposed public way. If no plan is submitted with the petition, the Department of Public Works shall provide a cost estimate for preparing a plan to the community which shall determine if public or private funds are available to prepare the plan. If no public or private funds are currently available to prepare the plan, the Public Hearing shall be postponed indefinitely pending the appropriation of funds. • Voting cannot commence if there is not a quorum present. When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City of Agawam, the Council President, as Parliamentarian, has the right to determine the number of votes required to pass the measure. • The Committee will conduct the Public Hearing(either on site or at a central location within the community) noting all public comments. The Superintendent of Public Works shall submit his/her written comments to the Committee regarding any potential present and future costs to the community of accepting the way at or before the Public Hearing. • Following the Public Hearing, the Committee will present the petition along with a summary of public comments and the report of the Superintendent of Public Works to the Mayor for his/her recommendation which shall be forwarded to the Committee within thirty(30) days after presentation. • Upon receipt of the Mayor's recommendation or the expiration of the thirty (30) day period provided above, whichever shallfirst occur, the Committee shall prepare and send Waiver of Damage forms to all owners and abutters of the way according to the records of the Office of the Assessor. A thirty(30) day period will be allowed for the return of the Waiver of Damage forms to the City. The Committee shall also prepare an estimate I I of Eminent Domain Damages in the event that all owners/abutters do not return the Waiver of Damage forms. The Committee shall determine if public or private funds are available to pay the estimate of Eminent Domain damages; the Committee shall recommend that the petition be tabled indefinitely pending the appropriation of funds. • Upon the expiration of the thirty(30) day period provided above, the Committee shall meet and receive the following information (1)public comments at Public Hearings, (2) the written comments of the Superintendent of Public Works, (3) the recommendation of the Mayor, (4) the plan, and (5) the estimate of Eminent Domain Damages. After completing its review, the Committee shall formulate its written recommendation to the Full Council regarding the petition for the Street Acceptance. • The written recommendation of the Committee shall then be placed on the next Regular City Council Agenda for action by the Full Council. If the petition is passed by the City Council by a 213 majority vote of the entire City Council(8 votes), all recording and notice requirements of Massachusetts General Laws Chapter 82 shall then be carried out by the Law Department as an agent of the City Council. REGULATION #2. AUTOMATIC AMUSEMENT DEVICE(S) In accordance with Massachusetts General Laws, Chapter 140, Section 177a, as amended from time to time, and Section 75-1 of the Code of the City of Agawam, any individual or business desiring to keep and operate an Automatic Amusement Device(s) for hire, gain or regard shall secure an annual license from the City Council. The City Council hereby adopts the application package which is attached hereto and incorporated herein by reference. Said application package contains the following documents: • Information and instructions for the application for Automatic Amusement Device(s). • Application for said License or renewal of License for Automatic Amusement Device(s). • Form for zoning and occupancy information verification from the Building Inspector of Buildings and Police Department inspection. • Sample order granting or renewing a License for Automatic Amusement Device(s). 12 APPENDIX A A majority of the Full City Council shall constitute a quorum. Except as otherwise provided by law or by the Agawam Home Rule Charter, any motion or measure may be adopted by a majority vote of those present. When the City Council is in doubt as to the number of votes required to pass a measure, the City Council may obtain a written legal opinion from the City Solicitor which states the number of votes required to pass the measure. APPENDIX B City Auditor Job Description Administrative Assistant to the City Council Job Description 13 TR-2009-4 A RESOLUTION AMENDING THE RULES AND REGULATIONS OF THE AGAWAM CITY COUNCIL Sponsors: Councilors Cecilia P. Calabrese, Dennis J. Perry and Gina M. Letellier WHEREAS, the Rules and Regulations of the Agawam City Council were last revised on November 16, 2004; and WHEREAS, it is in the best interests of the Citizens of Agawam that the Agawam City CoUncil Rules and Regulations be updated to conform to contemporary legislative policies and practices; NOW, THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to amend its Rules and Regulations as follows: 1. In every section of the Council Rules and Regulations, replace the words "Council Clerk" with the words "Administrative Assistant to the City CounciP'. 2. Rule #4. CITIZEN'S SPEAK TIME shall be amended as follows: Delete Item #1, which reads: "Total speak time shall be limited to forty-five minutes." because the City Council automatically will grant additional time to accommodate all citizens wishing to speak during Citizen's Speak Time. 3. Rule #5. DUTIES OF PRESIDING OFFICERS shall be amended as follows: Delete 6h paragraph, which reads: "The President has the same rights and privileges as any member of the City Council." with the rationale being that such language has been deemed unnecessary. 4. Rule#6. RIGHTS AND DUTIES OF MEMBERS shall be amended as follows: Add 2n"paragraph to read: "In the event the President wishes to speak on the subject matter of an issue or article of legislation before thefidl Council, the President shall step out of hislher Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing the Council. The President shall resume the Chair after his/her presentation." 5. Rule #6. RIGHTS AND DUTIES OF MEMBERS shall be further amended as follows: Add 3 rd paragraph to read: ""en the City Council is in doubt as to the number qf votes required to pass a measure or if the measure contains a tax orfee to be assessed to the residents of the City ofAgawam, the Council President, as the Parliamentarian, has the right to determine the number votes required to pass the measure." 6. Rule #14. STANDING COMMITTEES shall be amended as follows: TR-2009-4 A RESOLUTION AMENDING THE RULES AND REGULATIONS OF THE AGAWAM CITY COUNCIL Sponsors: Councilors Cecilia P. Calabrese, Dennis J. Perry and Gina M. Letellier WHEREAS, the Rules and Regulations of the Agawam City Council were last revised on November 16, 2004; and WHEREAS, it is in the best interests of the Citizens of Agawam that the Agawam City Coiincil Rules and Regulations be updated to conforin to contemporary legislative policies and practices; NOW, THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to amend its Rules and Regulations as follows: 1. In every section of the Council Rules and Regulations, replace the words "Council Clerk" with the words "Administrative Assistant to the City Council". 2. Rule #4. CITIZEN'S SPEAK TIME shall be amended as follows: Delete Item #1, which reads: "Total speak time shall be limited to forty-five minutes."because the City Council automatically will grant additional time to accommodate all citizens wishing to speak during Citizen's Speak Time. 3. Rule#5. DUTIES OF PRESIDING OFFICERS shall be amended as follows: Delete 6 th paragraph, which reads: "The President has the same rights and privileges as any member of the City Council.!-'-----`- language has been deemed unnecessary. 4. Rule#6, RIGHTS AND DUTIES OF MEN follows: nd Add 2 paragraph to read: "In the event the Pr4 subject matter of an issue or article of legislati('' President shall step out of hislher Chair and sh to the Council Vice President while the Preside� The President shall resume the Chair after hislA 5. Rule #6. RIGHTS AND DUTIES OF MEM! follows: Add 3 rd paragraph to read: "Wh en th e City Co un, votes required to pass a measure or if the measure contains a tax orfee to be assessed to the residents of the City ofAgawam, the Council President, as the Parliamentarian, has the right to determine the number votes required to pass the measure." 6. Rule #14. STANDING COMMITTEES shall be amended as follows: The following language should be added at the end of the introductory paragraph, "A Call of the City Auditor shall also be executed by the Council President at the first meeting in April, August and December, at which time the City Auditor shall review andpresent a brief report of the goals, objectives and action of his/her Accounting Departing and report to any continuing work. " 7. Repulation #L STREET ACCEPTANCES shall be amended as follows, Delete language in 4"' paragraph, which reads: "the City Council shall obtain a written legal opinion for the City Solicitor which states the number of votes required to pass the measure." Add the following language in its place "the Council President, as Parliamentarian, has the right to determine the number of votes required to pass the measure." 8. APPENDIX A, VOTES REQUIRED shall be amended by changing the title to read APPENDIX A - VOTES AND READINGS REQUIRED and by adding the following language as an introductory paragraph: "All proposed Ordinances, including but no limited to salary and zoning ordinances shallfirst appear on the Regular Council Agenda under New Business. At the subsequent Regular Council Meeting, such proposed Ordinances shall move to Old Business and shall be voted upon the First Reading at such subsequent meeting. 213 Vote of the Full Council (8 Votes)shall be required to approve the First Reading. Following approval of the First Reading, such proposed Ordinances shall appear under Old Business at the next subsequent Regular Council Meeting and shall be voted uponfor the Second and Final Reading. Upon receiving a second 213 Vote of the Full Council (8 Votes), such proposed Ordinance shall be approved and become an Ordinance of the City of Agawam. All issues regarding bonding shall require two (2) readings after appearing under New Business. - Dated this day of 2009. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, City Council President Date APPROVED AS TO FORM AND LEGALITY Christopher Johnson, City Solicitor Date Page I of 2 barbara bard From: Cecilia Calabrese [cececalabrese@yahoo.coml Sent: Tuesday, January 20, 2009 8:41 PM To: barbara bard Subject: Fw: Re: Resolution for upcoming meeting Hi Barb - below are the revisions Gina recommended, please incorporate them in the Resolution and forward the entire document to all Council members for their additional input. I will check my schedule for the next couple of weeks for a join Rule/Ordinance Committee meeting. Thanks for doing this - Cece --- On Wed, 1/14/09, Gina Letellier <ginalelgverizon.net> wrote: From: Gina Letellier<ginal et@vcrizon.net> Subject- Re: Resolution for upcoming meeting To: "Cecilia Calabrese" <cccecal abrese @yahoo.com>, "Gina Letellier" <ginalet@vefi zon.net> Date: Wednesday, January 14, 2009, 11:32 AM Hi Cece Nice work, I have a few thoughts. i don't have the rules here at the office so forgive me if I make a misstatement. Also, I would like to be a sponsor as well, thanks #4 and #5 - I think we should just make a rule which states how many votes are needed for street acceptance and a coverall so that if a particular item is not listed it would automatically be X#of votes. DId you check to see if there is a statute regarding street acceptances, that may determine how many votes are needed. Otherwise, I would say we decide whether it is the majority of the full council or 2/3 of the full council and then let the committee hash it out. I like #6. We should also amend the title to read "Votes and Readings Required" I wonder if it is duplicative to say "All proposed ordinances" and then list salary and zoning, Maybe you should put "All proposed ordinances, including but not limited to salary and zoning ordinances ... Also, there is one other area we discussed. The number of reading necessary for bonding. Right now, it has been one which allows for those sneaky special meetings with vote or else, I would like to see bonding issues require two readings. Let me know your thoughts. I am in the office the rest of the day. I am meeting with the mayor tomorrow at 10 am if you can make or want to call in on my cell. Thanks again Gina Letellier Law Offices, P.C. Attorney Gina M. Letellier 1/21/2009 k P _k T TR-2009-4 A RESOLUTION AMENDING THE RULES AND REGULATIONS OF THE AGAWAM CITY COUNCIL Sponsors: Councilors Cecilia P. Calabrese, Dennis J. Perry and Gina M. Letellier WHEREAS, the Rules and Regulations of the Agawam City Council were last revised on November 16, 2004; and WHEREAS, it is in the best interests of the Citizens of Agawam that the Agawam City Council Rules and Regulations-be updated to conform to contemporary legislative policies and practices, NOW, THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to amend 'its Rules and Regulations as follows: 1. In every section of the Council Rules and Regulations, replace the words "Council Clerk" with the words "Administrative Assistant to the City Council". 2. Rule #4. CITIZEN'S SPEAK TIME shall be amended as follows: Delete Item #1, which reads: "Total speak time shall be limited to forty-five minutes."because the City Council automatically will grant additional time to accommodate all citizens wishing to speak during Citizen's Speak Time. 3. Rule #5. DUTIES OF PRESIDING OFFICERS shall be amended as follows: Delete 6 1h paragraph, which reads: "The President has the same rights and privileges as any member of the City Council." with the rationale being that such language has been deemed unnecessary, 4. Rule#6. RIGHTS AND DUTIES OF MEMBERS shall be amended as follows: Add 2 nd paragraph to read: "In the event the President wishes to speak on the subject matter of an issue or article of legislation be/bre thefidl Council, the President shall step out of his/her Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing the Council. The President shall resume the Chair after his1her presentation." 5. Rule#6, RIGHTS AND DUTIES OF MEMBERS shall be further amended as follows: Add 3rd paragraph to read: "Ken the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax orfee to be assessed to the residents of the City ofAgawam, the Council President, as the Parliamentarian, has the right to determine the number votes required to pass the measure." 6. Rule#14. STANDING COMMITTEES shall be amended as follows: The following language should be added at the end of the introductory paragraph, "A Call of the City Auditor shall also be executed by the Council President at the first meeting in April, August and December, at which time the City Auditor shall review andpresent a brief report qf the goals, objectives and action of hislIzer Accounting Departing and report to any continuing work. - 7. Regulation #L STREET ACCEPTANCES shall be amended as follows: Delete language in 4 1h paragraph, which reads: "the City Council shall obtain a written legal opinion for the City Solicitor which states the number of votes required to pass the measure." Add the following language in its place "the Council President, as Parliamentarian, has the right to determine the number of votes required to pass the measure." 8. APPENDIX A, VOTES REQUIRED shall be amended by adding the following language as an introductory paragraph: "All proposed Ordinances, Salary Ordinances and Zoning Ordinances shallfirst appear on the Regular Council Agenda under Alew Business. A t the subsequent Regular Council Meeting, such proposed Ordinances shall move to Old Business and shall be voted upon the First Reading at such subsequent meeting. 213 Vote of the Full Council(8 Votes) shall be required to approve tire First Reading. Following approval of the First Reading, such proposed Ordinances shall appear under Old Business at the next subsequent Regular Council Meeting and shall be voted uponfor the Second and Final Reading. Upon receiving a second 213 Vote of the Frill Council (8 Votes), such proposed Ordinance shall be approved and become an Ordinance of the City ofAgawam." Dated this day of ) 2009. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M, Letellier, City Council President Date APPROVED AS TO FORM AND LEGALITY Christopher Johnson, City Solicitor Date TR-2009-01 Resolution Amending the Rules and Regulations of the Agawam City Council Sponsor: Cecilia P. Calabrese Whereas the Rules and Regulations of the Agawam City Council were last revised in ; and Whereas, it is in the best interests of the Citizens of Agawam that the Agawam City Council Rules and Regulations be updated to conform to contemporary legislative policies and practices; Now therefore, the Agawam City Council hereby resolves to Amend its Rules and Regulations as follows: 1. In every section of the Council Rules and Regulations, replace the words "Council Clerk" with the words "Administrative Assistant to the City Council". 2. Rule#5. DUTIES OF PRESIDING OFFICERS shall be amended as follows: Delete 6 th paragraph, which reads: "Tile President has the sarne nights and privileges as any member of the City Council." Rationale: such language is unnecessary. 3. Rule#6. RIGHTS AND DUTIES OF MEMBERS shall be amended as follows: Add 2nd paragraph to read. "In the event the President wishes to speak on the subject matter of an issue or article of legislation before the full Council, the President shall step out of his/her Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing the Council. The President shall resume the Chair after his/her presentation." 4. Rule#6. RIGHTS AND DUTIES OF MEMBERS shall be further amended as follows: Add 3 rd paragraph to read: "When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City of Agawam, the Council President, as Parliamentarian, has the right to determine the number votes required to pass the measure." 5. ReL-ulation #1. STREET ACCEPTANCES. shall be amended as follows: Delete language in 4 Ih paragraph, which reads: "the City Council shall obtain a written legal opinion for the City Solicitor which states the number of votes required to pass the measure." And add the following language in its place" the Council President, as Parliamentarian, has the right to determine the number of votes required to pass the measure." 6. APPENDIX A, VOTES REQUIRED. Shall be amended by adding the following language as an introductory paragraph: 40 59,(zkLrj "A]I pEgpj&d Ordinances�Salary Ordinances and Zoning Ordinances shall first appear on the Regular Council Agenda under New Business. At the subsequent Regular Council Meeting, such proposed Ordinances shall move to Old Business and shall be voted upon the First Reading at such subsequent meeting. 2/3 Vote of the Full Council (8 Votes) shall be required to approve the First Reading. Following approval of the First Reading, such proposed Ordinances shall appear under Old Business at the next subsequent Regular Council Meeting and shall be voted upon for the Second and Final Reading. Upon receiving a second 2/3 Vote of the Full Council (8 Votes), such proposed Ordinance shall be approved and become an Ordinance of the City of Agawam." Approved as to form and legality. Christopher Johnson, City Solicitor Date Council President, Gina M. Letellier Date C7 A GA WA M CITY COUNCIL �� INDEX RULE NUMBER PAGE NUMBER I Order of Business 3 2 Receiving, Referral of Business 3 Hearings 3 4 Citizen's Speak Time 4 5 Duties of the Presiding Officers 4 6 Rights and Duties of Members 5 7 Seating of Councilors 5 8 Roll Call, Order of Vote 5 9 Filing Deadline 5 10 Form of Reports 6 11 Referral to Committees 6 12 Motions Out of Order 6 13 Committee Appointments 6 14 Standing Committees 6 15 Council Rules and Regulations 7 16 Budget Review 7 17 Minutes of Council Committee Meetings 8 18 Policies Related to the City Auditor and 8 Administrative Assistant to the Council 19 Inquiries and Investigations 9' REGULATIONS I Street Acceptance 10 2 Automatic Amusements Devices 11 Appendix A —Votes Required 12 Appendix B —Council Employee Job Descriptions 13 RULES RULE #1. ORDER OF BUSINESS At every regular City Council Meeting, unless otherwise determined by a majority of the members present, the order of business shall be as follows: • Item 1 Citizen's Speak Time • Item 2 Roll Call • Item 3 Moment of Silence and the Pledge of Allegiance • Item 4 Approval of Minutes • Item 5 Declaration from Council President • Item 6 Presentation of Petitions, Memorials and Remonstrances • Item 7 Reports of Council Committees • Item 8 Elections • Item 9 Public Hearings • Item 10 Old Business • Item I I New Business • Item 12 Any other matter that may legally come before the City Council RULE N2. RECEIVING, REFERRAL OF BUSINESS The Administrative Assistant to the City Council shall refer to the appropriate departments, boards or commissions all routine petitions such as Zone Changes and Street Light Petitions and duly notify the City Council of such receipt and referral. RULE #3. HEARINGS On all hearings before the City Council, proponents and opponents shall be allowed time for the presentation of their respective cases to the City Council. All Hearings will be subject to the following conditions: • Time limits may only be extended by a majority vote of Council members present at the meeting. • Each speaker has ten minutes total, if needed, to present the subject of his or her concern. • Questions by members of the City Council shall be allowed only after the speaker's allotted time has expired or after said speaker has terminated their presentation. • No speaker will be allowed to bequeath time to another or for another speaker. • Any person shall have the right to be recorded for or against the subject being heard. • After close of all hearings, no further evidence, oral or written, may be presented. • The City Council President or Presiding Officer of a hearing shall preserve order and decorum. • Any person shall be allowed to address the City Council only once on any given subject or topic being heard. RULE #4. CITIZEN'S SPEAK TIME The Agawam City Council shall provide a Citizen's Speak Time at the beginning of each Regular City Council Meeting subject to the foilowing conditions: • Each speaker shall have five (5) minutes, if needed, to present the subject of his or her concern. • The time shall be kept by the Council Assistant with a warning of one minute remaining. • No speaker will be allowed to bequeath time to another or for another speaker. • Prior to the meeting each speaker must notify the President, the City Council or the Council Assistant of his or her desire to speak giving name, address and the subject to be presented. A sign up sheet is provided for this and is placed upon the podium where the person shall speak. At two minutesprior to the beginning of the Council ineeting, the Council Assistant shall bring this list to the President orpresiding officer. • Speak time shall be only at the regular meetings of the City Council. • Time limits may only be extended by a majority vote of the Council members present. The City Council President or presiding officer of the meeting shall maintain order and decorum. RULE#5. DUTIES OF PRESIDING OFFICERS The duties of the presiding officers where applicable shall be in accordance with Roberts' Rules of Order. Prior to any Regular of Special City Council meeting, the Mayor may conduct an Agenda review meeting to review the Council Agenda with the Council President and/or Council Vice- President. No more than three other City Council members may also attend said Agenda Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting shall not exceed five (5) City Council members, including the Council President and Council Vice- President. The Presiding Officer of the City Council shall take the Chair at the hour to-which the Council has adjourned and call the members to order and shall forthwith execute the Agenda of Business. The Vice-President shall act as President during the absence or disability of the President. In the absence of both the President and the Vice-President, the senior member of the City Council, by age, shall serve as temporary President. In the event the President or Vice-President of the City Council resigns or is called upon to act as Mayor in a pen-nanent fashion, the City Council will hold elections to determine a new President and/or Vice-President, RULE #6. RIGHTS AND DUTIES OF MEMBERS The members' right to speak shall be in accordance with Roberts' Rules of Order. In the event the President wishes to speak on the subject matter of an issue or article of legislation before thefull Council, the President shall step out of his1her Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing theCouncil. The President shall resume the chair after hislifer presentation. When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax orfee to be assessed to the residents of lite City of Agawam, the Council President, as the Parliamentarian, has the right to determine the number of votes required to pass the measure." RULE #7. SEATING OF COUNCILORS The seats of the City Council shall be numbered and determined by lot annually during the first meeting of the year. No member shall change his or her seat except by permission of the President. The oldest member of the City Council sits at the left of the President. RULE #8. ROLL CALL, ORDER OF VOTE The order of voting shall be by Roll Call in alphabetical order and the first to vote shall be detennined by rotation in alphabetical order at the beginning of each Regular or Special meeting, RULE #9. FILING DEADLINE No new item may be included on a Regular City Council Agenda unless said item is submitted to the Administrative Assistant to the City Council in writing by Thursday, 12:00 Noon, prior to a Regular meeting of the City Council. At the time of submission of any item of business for the Council Agenda, the person or persons proposing the measure shall submit supporting information or documentation sufficient to specify the nature of the business to be considered by the City Council. In the event a City Councilor is unable to submit a proposed item personally, he or she can authorize the Administrative Assistant to the City Council to submit the item by telephone message or email. The Administrative Assistant to the City Council shall compile an Agenda of all such proposed Orders, Ordinances and other New Business along with the Agenda of the Old Business remaining before the City Council and shall see that a copy of the completed Agenda is delivered to the place of residence of each member of the City Council not later than 5:00pm on the Thursday preceding such Regular meeting of the City Council, The Administrative Assistant to the City Council shall include the name of the member or members proposing an item of Agenda. Any Orders, Resolutions and Ordinances shall be sponsored only by the Mayor or by a member of the City Council. RULE #10. FORM OF REPORTS All reports and other papers submitted to the City Council shall be in writing, properly endorsed, and the Administrative Assistant to the City Council shall make copies of any and all papers to be reported by Committees at the requests of the respective Chairperson thereof. RULE #11. REFERRAL TO COMMITTEES When an Order, Resolution or Ordinance'relates to a subject which should properly be examined and reported upon by a standing sub-committee of the City Council, such Order, Resolution or Ordinance shall upon presentation be referred to the Administrative Assistant to the City Council to such committee and must be reported back by the committee within thirty(30) days from the date of referral. All petitions, remonstrances, memorials, communications or any other matter before the City Council may be referred as follows: • To a standing sub-committee of the City Council • To a special committee of the City Council • To the Mayor • To Boards or Commissions RULE 912. MOTIONS OUT OF ORDER The Presiding Officer may at any time, by a majority vote,of the members elected, permit a member to move an Ordinance, Resolution or Motion out of Regular Order. RULE #13. COMMITTEE APPOINTMENTS Each year all sub-committees shall be appointed and announced by the President unless otherwise provided for or specifically directed by the City Council. Any member shall have the right to appear before any sub-committee of the City Council and be heard. The Chairperson of any sub-committee may cancel a scheduled meeting for cause; otherwise, the senior member by length of service shall preside at the scheduled sub-committee meeting. RULE #14. STANDING COMMITTEES The standing sub-committees of the City Council shall serve yearly and address themselves to the issues under their respective jurisdiction. They shall meet at least quarterly and provide verbal reports of such matters it has reviewed. A call of standing sub-committees shall be executed by the Council President at the first meeting in April, August and December, at which time the sub-committee chairperson shall review and present a brief report of the goals, objectives and actions of their respective sub-committees and report to any continuing work. A Call of the City Auditor shall also be executed by the Council President at thefirst meeting in April,August and December, at which time the City Auditor shall review andpresent a brief report of the goals, objectives and action of hislher Accounting Department and report to ally continuing work." • Committee on Rules • Committee on Ordinances • Committee on Utilities & Street Acceptance • Committee on Licenses • Committee on Finance • Committee on Public Safety • Committee on Zoning Review • Committee on Industrial Relations RULE #15. COUNCIL RULES AND REGULATIONS All Rules and Regulations of the City Council shall be given by the City Clerk to every newly elected City Councilor within two (2) weeks from the date of election. RULE #16. BUDGET REVIEW Four(4) Budget sub-committees as listed below will be named by the Council President to review the annual Operating Budget. COMMITTEE NAME ITEMS REVIEWED School Budget Committee School Budget (Five members) Operating Budget Committee#1 City Council (Three members) Mayor Accountant/Auditor Clerk Treasurer/Col lector Assessor Law Department Elections & Registrations Council on Aging Board of Appeals Data Processing Line Items Operating Budget Committee #2 Fire (Three members) Police Weights & Measures Building Inspector Community Development Veterans' Services Health Department Agawam Country Club Operating Budget Committee#3 DPW Administration (Three members) Highway & Grounds Maintenance Engineering Motor Vehicle Maintenance Parks & Recreation Library Building Maintenance Water Department Waste Water Department The School Budget Sub-Committee shall issue a report to the Full Council within thirty (30) days of the completion of the budget hearing and copies of the Proposed budget will be submitted to all Council members. After submission of the annual Operating Budget by the Mayor to the Council, a workshop shall be conducted in order to review with the School Department staff in attendance. In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough time to follow the above-described budget review process before the Council's approval deadline (in accordance with Massachusetts General Laws), this rule shall become subject to the discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with the Mayor to review the Operating Budget in as many meetings as it takes for the Council to fully gather the information it deems necessary to grant final approval of the Operating Budget. RULE#17. MINUTES OF COUNCIL SUB-COMMITTEE MEMBERS • Minutes of all Council Committee Meetings will be recorded in writing. • Each Sub-Committee Chairperson will designate a recording secretary from Committee members. • The recorded minutes of each sub-committee meeting will be given to the A dministrative Assistant to the City Council within two (2) weeks of the Sub-Committee meeting for typing and distribution. • After approval bjy lite City Council, lite minutes shall befiled in the Office of the City Clerk • Minutes of all City Council meetings will be recorded in compliance with Massachusetts General Laws governing public meetings. RULE HIS. POLICIES RELATED TO POSITIONS UNDER CITY COUNCIL SURISDICTION (Administrative Assistant to the City Council and City Auditor) The City Auditor position in a non-union position but is classified as a Department Head level position. The Administrative Assistant to the City Council is a non-union position and is classified as an A dministrativelClerical position as per contract between the City of Agawam and the affiliated union. The City Auditor and the Administrative Assistant to the City Council shall have their performances evaluated annually by the City Council. The City Council, per Town Code, shall elect or re-elect the City Auditor and Administrative Assistant to the City Council on the non-election years. This will allow the full Council to have one year's worth of experience to adequately evaluate said employee's performance in accordance herewith. RULE #19. INQUIRIES AND INVESTIGATIONS The City Council shall with an affirmative majority vote of the Full Council conduct an inquiry, hearing or investigation of any department, department head, and/or employees and City officials. The procedure to be taken by the City Council shall be as follows: • The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings and Executive Sessions held by the City Council for purposed of investigation of any City official or department. • If requested by the City Council, an attorney whose services shall be employed for purposed of inquiry or investigation, and shall be subject to approval by the majority of the-Full Council. • Funds shall be used from the account entitled the City Council "Professional Consultant Services" to pay for services rendered by the attorney employed by the City Council for said inquiry or investigation. • All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be included in the duties of the legal counsel employed by the City Council. It is understood that the witnesses may waive the subpoena and voluntarily come forward. • All written notices requiring forty-eight (48) hours notice prior to any hearings shall be hand-delivered by persons by the Police Department as authorized by the A dministrative Assistant to the City Council. • The City Council may, by an affirmative vote of the majority of the Full Council, establish a three (3) person committee appointed by the Council President to hear testimony, collect evidence and present facts to the Full Council in Executive Session, • The meetings of the City Council and/or Sub-Committee, unless otherwise requested by the individual or department involved, may be held in Executive Session. They shall also be conducted in accordance with the Open Meeting Law, Massachusetts General Laws Chapter 3 OA, §I I A 1/2. • The proceedings of the meetings shall be recorded and transcribed verbatim and provided to the Full Council along with a copy of the Sub-Committee findings. • The Sub-Committee will report its findings and recommendations to the Full Council. • The Full Cbuncil will make the final deten-nination and shall take any action they deem necessary, WEGULATIONS REGULATION #1. STREET ACCEPTANCES • Any petition filed by owners of land abutting a way, by the Superintendent of Public Works, or by the Planning Board for Street Acceptance, shall be placed on a Regular Council Agenda. The petition will then be referred to the Utilities & Street Acceptance Sub-Committee (hereinafter referred to "the Committee"). • The Committee will schedule a Public Hearing and send Public Hearing notices to all owners and abutters of the way according to the records of the Office of the Assessor, The Administrative Assistant to the City Council shall post the Public Hearing notice on the bulletin board in the office of the City Clerk as well as publish it in a newspaper of general circulation in the City of Agawam at least fifteen (15) days prior to the scheduled Public Hearing. The Public Hearing shall be held within seventy-five (75) days of referral of the petition to the Committee. The Committee shall view the street prior to the Public Hearing. • The Committee shall display at the Public Hearing a plan showing the layout of the proposed public way. If no plan is submitted with'the petition, the Department of-Public Works shall provide a cost estimate for preparing a plan to the community which shall determine if public or private funds are available to prepare the plan. If no public or private funds are currently available to prepare the plan, the Public Hearing shall be postponed indefinitely pending the appropriation of funds. • Voting cannot commence if there is not a quorum present. When the Citj, Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City qfAgawatn, the City Council shall obtain a written legal opinion for the City Solicitor which states the number of votes required to pass the measure. • The Committee will conduct the Public Hearing (either on site or at a central location within the community) noting all public comments. The Superintendent of Public Works shall submit his/her written comments to the Committee regarding any potential present and future costs to the community of accepting the way at or before the Public Hearing. • Following the Public Hearing, the Committee will present the petition along with a summary of public comments and the report of the Superintendent of Public Works to the Mayor for his/her recommendation which shall be forwarded to the Committee within thirty(30) days after presentation, • Upon receipt of the Mayor's recommendation or the expiration of the thirty(30) day period provided above, whichever shallfirst occur, the Committee shall prepare and send Waiver of Damage forms to all owners and abutters of the way according to the records of the Office of the Assessor. A thirty (30) day period will be allowed for the return'of the Waiver of Damage fon-ris to the City. The Committee shall also prepare an estimate of Eminent Domain Damages in the event that all owners/abutters do not return the Waiver of Damage forms. The Committee shall determine if public or private funds are available to pay the estimate of Eminent Domain damages; the Committee shall recommend that the petition be tabled indefinitely pending the appropriation of funds. • Upon the expiration of the thirty (30) day period provided above, the Committee shall meet and receive the following information (1) public comments at Public Hearings, (2) the written comments of the Superintendent of Public Works, (3)the recommendation of the Mayor, (4) the plan, and (5) the estimate of Eminent Domain Damages. After completing its review, the Committee shall formulate its written recommendation to the Full Council regarding the petition for the Street Acceptance. The written recommendation of the Committee shall then be placed on the next Regular City Council Agenda for action by the Full Council, If the petition is passed by the City Council, all recording and notice requirements of Massachusetts General Laws Chapter 82 shall then be carried out by the Law Department as an agent of the City Council. REGULATION #2. AUTOMATIC AMUSEMENT DEVICE(S) In accordance with Massachusetts General Laws, Chapter 140, Section 177a, as amended from time to time, and Section 75-1 of the Code of the City of Agawam, any individual or business desiring to keep and operate an Automatic Amusement Device(s) for hire, gain or regard shall secure an annual license from the City Council. The City Council hereby adopts the application package which is attached hereto and incorporated herein by reference. Said application package contains the following documents: • Information and instructions for the application for Automatic Amusement Device(s). • Application for said License or renewal of License for Automatic Amusement Device(s). • Form for zoning and occupancy information verification from the Building Inspector of Buildings and Police Department inspection. • Sample order granting or renewing a License for Automatic Amusement Device(s). What about Weekly Amusement Device(s), Junk Dealer License(s), Class I or H License(��)??? APPENDIX A VOTES AND READINGS REQUIRED All proposed Ordinances, including but no limited to.salary and zoning ordinancesshallfirst appear on the Regular Counci/Agenda under New Business. At the subsequent Regular Council Meeting, such proposed Ordinances shall move to Old Business and shall be voted upon the First Reading at such subsequent meeting. 213 Vote of the Full Council,(8 Votes) shall be required to approve the First Reading. Following approval of the First Reading, such proposed Ordinances shall appear under Old Business at the next subsequent Regular Council Meeting and shall be voted upon for the Second and Final Reading. Uponreceiving a second 213 Vote of lite Full Council (8-Votes), such proposed Ordinance shall be approved and become an Ordinance of the City ofAgawam. All issues regarding bonding shall require two (2) readings after appearing under New Business. Salary Ordinance 2/3 Majority Vote of the City Council or 8 votes (MGL Chapter 44, §33A) Transfer from One Department 2/3 Majority Vote of the City Council or 8 votes To Another Department (MGL Chapter 44, §33B) Transfer from Reserve Fund Majority of the Full Council or 6 votes (MGL Chapter 44, §5A) Transfer within a Department Majority of the Full Council or 6 votes (MGL Chapter 44, §33B) Transferfrom Stabilization Fund 213 Vote of th ose Presen t and Voting Supplementary Budget Majofity of the Full Council or 6 votes (MGL Chapter 44, §32) Any Appropriation Majority of the Full Council or 6 votes (MGL Chapter 44, §32) Receipt of a Monetary Gift Majority of the Full Council or 6 votes (MGL Chapter 44, §32) Creation of a New Position Majority Vote of those Present and Voting Re-organization Confirmation of Appointments Majority Vote of those Present and Voting Emergency Preamble 2/3 Vote of those Present and Voting Elections Majority of Those Entitled to Vote Citizen's Petition Majority Vote of those Present and Voting Resolutions Majority Vote of those Present and Voting Orders Majority Vote of those Present and Voting City Ordinances Majority Vote of those Present and Voting Zone Changes 2/3 Majority Vote of the Full Council or 8 votes (MGL Chapter 40A, §5) Zoning Ordinances 2/3 Majority Vote of the Full Council or 8 votes (MGL Chapter 40A, §5) Incurring a Bond Debt 2/3 Majority Vote of the Full Council or 8 votes (MGL Chapter 44, §2) "The above numbers of votes are required votes under the Agawam City Charter, unless otherwise provided by Massachusetts General Laws. Also, the measures that require a majority vote of those present and voting cannot be voted on if there is not a quorum present. When the City Council is in doubt as to the number of votes required to pass a measure or 'if the measure contains a tax or fee assessed to the residents of the City ofAgawam, the City Council shall obtain a written legai opinion from the City Solicitor which states the number of votes required to pass the measure. *Same paragraph about being in doubt in Regulation ](4)????? What about number of readings??? APPENDIX B City Auditor Job Description Administrative Assistant to the City Council Job Description TR-2009-04 A Resolution Amending the Rules and Regulations of the Agawam City Council Co-Sponsors: Cecilia P. Calabrese and Gina M. Letellier WHEREAS, the Rules and Regulations of the Agawam City Council were last revised on November 16, 2004; and WHEREAS, it is in the best interests of the Citizens of Agawam that the Agawam City Council Rules and Regulations be updated to conform to contemporary legislative policies and practices-, NOW, THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to amend its Rules and Regulations as follows: 1. In every section of the Council Rules and Regulations, replace the words "Council Clerk" with the words "Administrative Assistant to the City Council". 2. Rule #5. DUTIES OF PRESIDING OFFICERS shall be amended as follows: Delete 6 1h paragraph, which reads. "The President has the same rights and privileges as any member of the City Council." with the rationale being that such language has been deemed unnecessary. 3. Rule#6. RIGHTS AND DUTIES OF MEMBERS shall be amended as follows: Add 2 nd paragraph to read: "In the event the President wishes to speak on the subject matter of an issue or article-of legislation before thefull Council, the President shall step out of hislher Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing the Council. The President shall resume the Chair after his/her presentation." 4. Rule #6. RIGHTS AND DUTIES OF MEMBERS shall be further amended as follows: Add 3rd paragraph to read: "When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax orfee to be assessed to the residents of the City ofAgaviam, the Council President, as the Parliamentarian, has the right to determine the number votes required to pass the measure." 5. Regulation #1. STREET ACCEPTANCES. shall be amended as follows: Delete language in 4"' paragraph, which reads: "the City Council shall obtain a written legal opinion for the City Solicitor which states the number of votes required to pass the measure." Add the following language in its place "the Council President, as Parliamentarian, has the right to determine the number of votes required to pass the measure." 6, APPENDIX A, VOTES REQUIRED. Shall be amended by adding the following language as an introductory paragraph: "Allproposed Ordinances, Salary Ordinances and Zoning Ordinances shallfirst appear on the Regular Council Agenda under New Business. At the subsequent Regular Council Meeting, such proposed Ordinances shall move to Old Business and shall be voted upon the First Reading at such subsequent meeting. 213 Vote of the Full Council (8 Votes)shall be required to approve the First Reading. Following approval of the First Reading, such proposed Ordinances shall appear under Old Business at the next subsequent Regular Council Meeting and shall be voted uponfor the Second and Final Reading. Upon receiving a second 213 Vote of the Full Council (8 Votes), such proposed Ordinance shall be approved and become an Ordinance of the City ofAgawam." Dated this day'of 2009. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, City Council President Date APPROVED AS TO FORM AND LEGALITY Christopher Johnson, City Solicitor Date TR-2009 'Oe Resolution Amending the Rules and Regulations of the Agawam City Council UO — Sponsor;-Cecilia P. Calabrese (�LJ_ &n-q.P. L_eALb-_e_r ,"- e Rules and Regulations of the Agawam City Council were last revised in kOV. )i� , ; and Wat is 'in the best interests of the Citizens of Agawam that the Agawarn City Council Rules and Regulations be updated to conform to contemporary legislative policies and practices; NOO)Q�thc Agawam City Council hereby resolves to Arnend its Rules and Regulations as follows: 1. In every section of the Council Rules and Regulations, replace the words "Council Clerk" with the words "Administrative Assistant to the City Council". U e-Tm_u-\ 2. Rule#5. DUTIES OF PRESIDING OFFICERS shall be amended as follows: "047 C om6 Delete 6 1h paragraph, which reads: "The President has the same rights and privileges as any member of the City Council." Rationale: such language is unnecessary. 3. Rule#6. RIGHTS AND DUTIES OF MEMBERS shall be amended as follows- Add 2 nd paragraph to read: "In the event the President wishes to speak on the subject matter of an issue or article of legislation before the full Council, the President shall step out of his/her Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing the Council. The President shall resume the Chair after his/her presentation." 4. Rule#6. RIGHTS AND DUTIES OF MEMBERS shall be further amended as follows: Add 3"' paragraph to read: "When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City of Agawarn, the Council President, as Parliamentarian, has the right to determine the number votes required to pass the measure." 5. Reaulation #1. STREET ACCEPTANCES. shall be amended as follows: Delete language in 4" paragraph, which reads: "the City Council shall obtain a written legal opinion for the City Solicitor which states the number of votes required to pass the measure." And add the following language in its place " the Council President, as Parliamentarian, has the right to determine the number of votes required to pass the measure." 6. APPENDIX A, VOTES REQUIRED. Shall be amended by adding the following language as an introductory paragraph: "All proposed Ordinances; Salary Ordinances and Zoning Ordinances shall first appear on the Regular Council Agenda under New Business. At the subsequent Regular Council Meeting, such proposed Ordinances shall move to Old Business and shall be voted upon the First Reading at such subsequent meeting. 2/3 Vote of the Full Council (8 Votes) shall be required to approve tile First Reading, Following approval of the First Reading, such proposed Ordinances shall appear under Old Business at the next subsequent Regular Council Meeting and shall be voted�upon for the Second and Final Reading. Upon receiving a second 2/3 Vote of the Full Council (8 Votes), such proposed Ordinance shall be approved and become an Ordinance of the City of Agawam." Approved as to forill and legality. Christopher Johnson, City Solicitor Date Council President, Gina M. Letellier Date Page I of 4 barbara bard From: Cecilia Calabrese [cececalabrese@yahoo.com] Sent: Wednesaay, January 14, 2009 3:05 PM To: barbara bard Subject: Re: Resolution on Rules & Regs.doc the spacing is a little funky - but - it looks A to me, thanks for adding Gina as co-sponsor. I have not heard back from Don or Dennis yc�t as to whether or not they want to co-sponsor as well, as members of the Rules Subcommittee. Yes - you are right - we do need to delete the language limited Citizen's Speak time to 45 minutes. And, yes - we do also need to add language about the Auditor giving quarterly reports....see? that's why I ask for input...you're the best - thanks Barb. Cece --- On Wed, 1/14/09, barbara bard <BBard@agawam.tnaus> wrote: From: barbara bard <l3Bard@agawarn.ma.us> Subject: Resolution on Rules & Regs.doc To: "cececalabrese@yahoo.com" <cccecalabrese@yahoo.com>, "ginalet@verizon.net" <gin alet@veri zon.net> Date: Wednesday, January 14, 2009, 1:27 PM How does this look? Also, according to your minutes from 7/29/08, you said something about page 4 para I delete 45 min time limit since we always grant extra time anyway. (Rule #4, Itern #1) and also add Rule#14 something about Auditor Reporting Quarterly to City Council as well. Please let me know. Thanks, Barbara TR-2009-04 A Resolution Amending the Rules and Regulations of the Agawam City Council Co-Sponsors: Cecilia P. Calabrese and Gina M. Letellier WHEREAS, the Rules and Regulations of the Agawam City Council were last revised on November 16, 2004; and 1/15/2009 Page I of I barbara bard From: Cecilia Calabrese [cececalabrese@yahoo.com] Sent: Wednesday, January 14, 2009 3:09 PM To: barbara bard Cc: Gina Letelliere; "Don Rheault don"@messageonholdne.com Subject: Fw: Re: Rules Committee Resolution oops! I missed Dennis' e-mail - looks like we have another Sponsor for the Resolution - please add Dennis Perry as co-sponsor. Don, do you want to join us on this Resolution as a co-sponsor? You can respond directly to Barbara either way. Thanks again, Cece --- On Wed, 1/14/09, Dennis Perry <dperry(?�i?tpinsetaltreating.coni> wrote: From: Dennis Perry <dperry@mpimetaltreating.com> Subject: Re: Rules Committee Resolution To: "Cecilia Calabrese" <cececalabrese@yahoo.com> Date: Wednesday, January 14, 2009, 11:26 AM Hi Cece, I don't have my notes with me on what we discussed in our last meeting, but it looks good to me. We can always amend it later on if we want. Lets get it on the agenda, I will be a sponsor for it. Thanks, Dennis Original Message----- From: Cecilia C ala brese 'To: Don Rheault ; Dennis PQrry Sent: Tuesday, January 13, 2009 10:04 PM Subject: Rules Committee Resolution Hi Don and Dennis - attached is my stab at the Rules Amendments we spoke about over the summer.....would you like to join me in sponsoring this? Feel free to make any changes you think appropriate. I went by my notes from our meeting, I don't think I missed anything. Feel free to let me know if I did. Thanks for your input - you will probably be getting an e-mail from Barb about this as well. Cece 1/15/2009 TR-2009-01 Resolution Amending the Rules and Regulations of the Agawam City Council Sponsor: Cecilia P. Calabrese Whereas the Rules and Regulations of the Agawam City Council were last revised in ; and Whereas, it is in the best interests of the Citizens of Agawam that the Agawam City Council Rules and Regulations be updated to conform to contemporary legislative policies and practices; Now therefore, the Agawarn City Council hereby resolves to Amend its Rules and Regulations as follows: 1. In every section of the Council Rules and Regulations, replace the words "Council Clerk" with the words "Administrative Assistant to the City Council". 2. Rule#5. DUTIES OF PRESIDING OFFICERS shall be amended as follows: Delete 6 1h paragraph, which reads: "The President has the same rights and privileges as any member of the City Council." Rationale: such language 'is unnecessary. 3. Rule #6. RIGHTS AND DUTIES OF MEMBERS shall be amended as follows: Add 2 nd paragraph to read, "In the event the President wishes to speak on the subject matter of an issue or article of legislation before the full Council, the President shall step out of his/her Chair and shall turn such Council meeting over to the Council Vice President while the President is so addressing the Council. The President shall resume the Chair after his/her presentation," 4. Rule #6. RIGHTS AND DUTIES OF MEMBERS shall be further amended as follows: Add 3' paragraph to read: "When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City of Agawam, the Council President, as Parliamentarian, has the right to determine the number votes required to pass the measure." P7717 5. Regulation #1. STREET ACCEPTANCES. shall be amended as follows: Delete language in 4'h paragraph, which reads: "the City Council shall obtain a written legal opinion for the City Solicitor which states the number of votes required to pass the measure." And add the following language in its place" the Council President, as Parliamentarian, has the right to determine the number of votes required to pass the measure." 6. APPENDIX A, VOTES REQUIRED. Shall be amended by adding the following language as an introductory paragraph: "All proposed Ordinances; Salary Ordinances and Zoning Ordinances shall first appear on the Regular Council Agenda under New Business. At the subsequent Regular Council Meeting, such proposed Ordinances shall move to Old Business and shall be voted upon the First Reading at such subsequent meeting. 2/3 Vote of the Full Council (8 Votes) shall be required to approve the First Reading. Following approval of the First Reading, such proposed Ordinances shall appear under Old Business at the next subsequent Regular Council Meeting and shall be voted upon for the Second and Final Reading. Upon receiving a second 2/3 Vote of the Full Council (8 Votes), such proposed Ordinance shall be approved and become an Ordinance of the City of Agawam." Approved as to form and legality' Christopher Johnson, City Solicitor Date Council President, Gina M. Letellier Date