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10-06-2014 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated October 6, 2014 Meeting was called to order by President Johnson at 7:00pm at the Auditorium at the Roberta G. Doering School, 68 Main Street, Agawam. Item A. Roll Call ROLL CALL – 11 PRESENT, 0 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, James Cichetti, Council President Christopher Johnson, Gina Letellier, Joseph Mineo, Vice President Dennis Perry, Donald Rheault, Robert Rossi and Anthony Suffriti. With eleven councilors present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. President Johnson asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen’s Speak Time Anthony Roberto and Dan Shay spoke to thank the councilors for attending the special workshop called by the Mayor and hoped everyone’s questions were answered. There was a great exchange between the parties. Dan Shay provided a list of upcoming projects. Item D. Minutes Motion to approve the September 15, 2014 Regular City Council meeting minutes was made by Councilors Cichetti and Rossi and seconded by Councilor Perry. The minutes were approved by a vote of: 11 Yes, 0 No. Item E. Declaration from Council President Council President mentioned that due to a computer update made at the Roberta Doering School, the Council’s BoardPaq was subsequently blocked. We will have the IT Director look into this matter. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2014-30 - Resolution to establish an Ad Hoc Sub-Committee of the Agawam City Council to initiate an investigation of the Agawam Municipal Golf Course pursuant to Section 2-11 of the Agawam Home Rule Charter (Councilors Letellier, Johnson and Perry) Motion made to remove the item off the table made by Councilor Cichetti and seconded by Councilor Mineo. Council President asked what the Council’s pleasure was – Motion to Table Indefinitely made by Councilor Cichetti and seconded by Councilor Mineo. Councilor Letellier made a Point of Information as to whether or not discussion was allowed under this type of tabling motion. Council President stated that Tabling Motions could not be qualified and therefore stated it was now considered a Motion to Table instead. The vote was 8 YES (Councilors Bitzas, Calabrese, Cichetti, Letellier, Mineo, Perry, Rossi and Suffriti) and 3 N0 (Councilors Cavallo, Johnson and Rheault) in favor of tabling the item. Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings 1. ZC-2014-2 - Petition for Zone Change for 105 Rowley Street, Agawam as submitted by Attorney Michael D. Parker on behalf of Carole A. D’Amato, guardian for James J. D’Amato (Public Hearing continued 9/15/14) The Public Hearing was continued and Council President asked for any additional speakers in favor of the zone change. Attorney Michael Parker spoke again trying to satisfy some of the questions raised at the Planning Board’s Public Hearing. He stated that no department within the town had any objection to this zone change. Only five neighbors voiced an objection. Attorney Parker also stated that the notion of having two different zones on one parcel is archaic and if this isn’t passed and single-family homes have to be built, then there wouldn’t be initial money to make the cul de sac. The duplexes create more of a market and would be more beneficial to the care of his client. Council President asked if there were any other citizens wishing to speak in favor in name only which there were none. The following speakers spoke in opposition of the zone change: Ed Shibley, Patrick Kevane, Jean Zucco, Dave Smith and Scott Valentino. James Zucco and Roy Benjamin spoke in opposition in name only. Council President declared the Public Hearing closed and asked for the report of the Legislative Committee. Councilor Cichetti provided his report saying they had a discussion and decided however not to send a recommendation to the Full Council and allow for discussion among the Council. Councilor Rossi stated it confused him why he would choose to build duplexes over single family homes. Councilor Bitzas stated that the negatives outweigh the positives in this situation and Councilors Cavallo and Mineo agreed with both of them. Councilor Letellier also commented on the fact that they already sold some of the lots to build duplexes. Motion was made by Councilor Cichetti and seconded by Councilor Mineo. The vote was 0 YES, 10 NO, 1 ABSTENTION (Councilor Calabrese) defeating the zone change. 3. ZC-2014-3 - Petition for Zone Change for South West Street, Feeding Hills as submitted by Vanasse Hangen Brustlin, Inc. on behalf of DCJ Realty, LLC – Public Hearing scheduled for October 20, 2014 – Referred to Planning Board and Legislative Committee Item on the table until the Public Hearing on October 20th. Item 10. Old Business 1. TOR-2014-5 - An Ordinance to Amend the Code of the Town of Agawam to add Section 49-9 entitled Use of Municipal Vehicles (Councilors Donald Rheault and Robert Rossi) (Two Readings Required) Council President updated the Council that a revised version has been sent to the Law Department and suggested leaving this on the table until that is received. 2. ZC-2014-1 (TOR-2014-6) - An Ordinance to amend the Code of the Town of Agawam Article XIV entitled Personal Wireless Services Facilities and Towers Chapter 180 §180-94 (Two Readings Required) Motion made by Councilor Bitzas and seconded by Councilor Cichetti. Councilor Cichetti gave a Legislative Committee report where they voted 3-2 in favor of this zone change. It was stated that is you want better reception then you can vote yes. It isn’t an eyesore and communication is necessary and can be life or death. Councilor Rossi thinks this is merely because Verizon wants their own pole and not necessarily for the best of the community. Councilor Cichetti stated all that this does is add to the overlay district - it still has to go to the ZBA and PB for site approval and special permitting process. Councilor Letellier reminded the Council that they had not received ANY objections from any abutters and that there are enough residents with poor service that this might help and she was in favor of the zone change. Council President Johnson stepped from the Chair to say we as a Council should suggest to the Zoning Board of Appeals to invoke their right to get the special report paid by the Petitioner which would address our concerns. If we pass this item, he suggests asking the ZBA to have this report done. Councilor Bitzas said remember this might be added income to the Church and its parishioners. The vote was 11 YES, 0 NO to pass ZC-2014-1 (TOR-2014-6). 3. TOR-2014-7 - An Ordinance to amend certain fees in the Park and Recreation Department (Mayor) Motion was made by Councilor Cichetti and seconded by Councilor Perry. Council President only stated this this is for increasing fees at the Perry Lane Nursery School and that it would have been nice to have received more than one little paragraph on a page for both of the items. The vote was 10 YES, 1 No (Councilor Calabrese) to approve the first reading of TOR-2014-7. 4. TOR-2014-8 - An Ordinance to amend certain fees in the Park and Recreation Department (Mayor) Motion was made by Councilor Cichetti and seconded by Councilors Mineo and Rheault. For the public’s information, this item is to increase the fees for the Perry Lane Summer Camp. The vote was 10 YES, 1 No (Councilor Calabrese) to approve the first reading of TOR-2014-8. Item 11. New Business 1. TO-2014-20 - An Order Granting a Class 2 Dealer’s LICENSE to Agawam Auto Mall, Inc., 825 Springfield Street, Agawam, MA (Clerk) This item was referred to the Administrative Committee, next Agenda. 2. TO-2014-21 - An Order Granting a Class 2 Dealer’s LICENSE to Auto Kraft, 119 Walnut Street, Agawam, MA (Clerk) This item was referred to the Administrative Committee, next Agenda. 3. TO-2014-22 - An Order Granting a Class 2 Dealer’s LICENSE to Dino Carando d/b/a Euro Imports, 325 Main Street, Agawam, MA. (Clerk) This item was referred to the Administrative Committee, next Agenda. 4. TO-2014-23 - An Order Granting a Class 2 Dealer’s LICENSE to Falcor Auto Sales, Inc., 373 Springfield Street, Agawam, MA. (Clerk) This item was referred to the Administrative Committee, next Agenda. 5. TO-2014-24 - An Order Granting a Class 2 Dealer’s LICENSE to Parrotta’s Auto Service, Inc., 357 Main Street, Agawam, MA. (Clerk) This item was referred to the Administrative Committee, next Agenda. 6. TO-2014-25 - An Order Granting a Class 2 Dealer’s LICENSE to V&F Auto, Inc., 7 Harding Street, Agawam, MA. (Clerk) This item was referred to the Administrative Committee, next Agenda. 7. TO-2014-26 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device and Weekly Amusement Permit for American Legion Post 185 – Wilson Thompson, 478 Springfield Street, Feeding Hills, MA. (Clerk) This item was referred to the Administrative Committee, next Agenda. 8. TOR-2014-9 - An Ordinance to Amend the Code of the Town of Agawam to Add Section 180-95A to assist the Council in Zone Change Requests involving the Wireless Telecommunications Overlay District (Mayor) (Two Readings Required) This item was referred to the Legislative Committee, next Agenda. 9. TR-2014-39 - A Resolution confirming the appointment of Anthony Tassone, 1242 Main Street, Agawam, MA to the Agawam Housing Committee to a term expiring October 1, 2017 (Mayor) Next Agenda. 10. TR-2014-40 - A Resolution confirming the appointment of Christopher W. F. Pass, 108 Bridge Street, Agawam, MA. to the Agawam Housing Committee to a term expiring October 1, 2017 (Mayor) Next Agenda. 11. TR-2014-41 - A Resolution accepting Massachusetts General Laws, Chapter 40, Section 8G (Mayor) This item was referred to the Legislative Committee, next Agenda. 12. TR-2014-42 - A Resolution accepting a grant from the Commonwealth of Massachusetts State 911 Department pursuant to Massachusetts General Laws Chapter 44, Section 53A for the Agawam Department ($70,999.00) (Mayor) This item was referred to the Finance Committee, next Agenda. Item 12. Any other matter that may legally come before the City Council. Councilors Bitzas and Letellier provided details of the Agawam Rotary Club’s Annual Harvest Festival and Family Fun Day on October 18th from 10am to 4pm. Councilor Letellier also talked about the 50/50 raffle prizes to benefit the YMCA. She also made mention of the discrepancies with Attorney General’s opinions on the Mayor’s Special Meeting Notice and requests a written opinion from the Attorney General so we can put this matter to rest. Simply attending the Mayor’s meeting doesn’t explain any of the money issues and quite frankly she found the behavior at the Council workshop simply atrocious. Councilor Cavallo mentioned that the Facility Needs Committee would be meeting on October 15th. He and Councilor Rossi are members of that committee with Council President as an ex-officio member. Barbara will have Alexis send us a copy of the meeting notice. Councilor Rheault reiterated the request for Council President to send a memo to the Zoning Board of Appeals regarding the cell tower survey and agreed with Councilor Letellier’s sentiments regarding the golf course. He feels everyone is burying their heads in the sand and we need to get answers. Councilor Perry praised the new iPad and BoardPaq app. He commented on the reduction in the amount of paper normally has to be printed for our meetings. This is a positive direction for the Council. He also agreed with Councilor Letellier regarding the golf course and sent his condolences to Tony Suffriti on the death of his grandmother (as did the rest of the Council). Councilor Mineo expressed concern about the School Committee’s resolution to build a new Early Childhood Center although he is not saying there isn’t a need, it just might not be the right time for this big of an expenditure. Councilor Cichetti wanted to explain his thought process on trying to indefinitely table the golf course resolution. While he expressed dismay over the behavior at our golf workshop, he said at the Mayor’s meeting questions were answered and for the benefit of the golf course, we need to move on from here. They should put a P.O.S. system up there as there is nothing there now. How can Anthony Roberto provide some of this information for us if there is nothing recorded? He suggested having them come before the Council either quarterly or monthly to provide detailed reports if that would help. Councilor Calabrese explained that she voted no on the fee increases because she wants to save money for the taxpayers and wholehearted agreed about installing a P.O.S. system up at the golf course. She also congratulated Rosie Robotics on a recent first place win. Councilor Rossi felt that he was at a different meeting at the golf course than was Councilor Cichetti. He thought it was more like a pep rally than anything else. He feels the Council deserves answers. Admittedly, the course is in great shape but he feels it is at risk and also supported a P.O.S. there. However, Councilor Rossi feels the problems at the course are far greater than the simple answers they provided at the Mayor’s meeting – the issue is one of accountability. The Council repeatedly asks these questions and while he agreed that the Mayor’s meeting was not legitimately posted, he attended the meeting in the hopes of hearing some answers but also thought it was a Special City Council meeting which should have been chaired by Council President or Vice President. He respectfully requested a written ruling regarding this issue. The financial issues still need to be addressed. He supports invoking 2-11 to bring people in and ask these questions. We need to stop the bleeding. The Mayor stated he is exploring options to cover the deficit at the golf course. Well, it is now October – how much longer can he wait? Council President Johnson said he would write a memo to the Zoning Board of Appeals to invoke their authority to request the survey and on behalf of the Council expressed sincere condolences to Tony Suffriti. Adjournment. The Motion to adjourn was moved and seconded with all in favor of adjourning. Time of adjournment 8:21pm