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10-05-2015 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated October 5, 2015 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 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 Bob and Carol Moccio and Luigi Ferrentino, all of School Street in Agawam, spoke against placing No Parking signs along School Street asking where would their family and guests park when they entertain. Item D. Minutes 1. Regular Council Meeting – September 21, 2015 Motion to approve made by Councilor Rheault and seconded by Councilor Cavallo. The voice vote was unanimous. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2015- 37 - A Resolution requesting the installation of “No Parking” signs along School Street (Mayor) (Tabled 9/8/15) (letter of notification sent to residents on 9/11/15) .Motion to remove the item off the table made by Councilor Calabrese and seconded by Councilor Bitzas. Voice vote was unanimous to take the item off the table. Council President Johnson informed the audience that this item was placed on the City Council Agenda by the Mayor – not the City Council. Motion to approve made by Councilor Cavallo and seconded by Councilor Cichetti. Councilor Calabrese as Chair of the Community Relations Committee provided an updated report stating that the letter went out to the residents and again reminded everyone that this item was placed on the City Council Agenda by the Mayor NOT the City Council. The committee made no formal recommendation but appreciated citizen input and asked the Council to take those opinions into consideration. Councilor Bitzas spoke against this because of the few events in the park that take place annually. If there was a big event, then the APD could place temporary sandwich-type signs for No Parking in certain areas. Councilor Letellier drove along School Street to refresh her memory as well as noting the in Boston there is parking along bike lanes and seemed to run smoothly there as well as noting the email from Chief Gillis. She originally was in favor of this but has changed her mind. Councilor Rossi respectfully stated that the Chief should look at the Rules of the Road. Councilor Cavallo said only one person responded to the letter in favor of the No Parking while Councilor Mineo stated he was against it from the beginning. Councilor Rossi said either put signs there or don’t have a bike path. Councilor Perry asked if the bike path was on Suffield Street and if No Parking signs were placed there (and did the Council approve these signs). 2. TR-2015-42 - A Resolution to modify, suspend and/or revoke the Weekly Amusement Permit/ License of The Main Street Still, Inc. located at 858Suffield Street, Agawam, MA. (Council) (Tabled 9/21/15) Motion to remove the item from the table made by Councilor Suffriti and seconded by Councilor Rossi. Voice vote was unanimous to remove the item from the table. Motion to approve made by Councilor Rossi and seconded by Councilor Rheault. As Chair of the Administrative Committee, Councilor Rossi provided an updated report and emphasized that this became a problem because of the lack of enforcement procedures in the town and that these items need to be stressed and restructured. Councilor Bitzas asked if there were many complaints from a variety of residents or only one or two residents to which Councilor Rossi responded that it was limited to a few neighboring properties but that that didn’t matter – their peace and quiet was ruined and needs to be addressed. Councilor Bitzas asked if the Sound Seal soundproofing was done. Councilor Rossi had no evidence that it was. Councilor Bitzas asked what kind of statement are we making to be business-friendly and we need to balance this to which Councilor Rossi stated that that balance still does not allow The Still to disturb neighbors. Councilor Cavallo stated that it appeared that The Still was trying to work in good faith to correct the problem and is inclined to work with The Still. Councilor Rossi stated that The Still had promised to do these things and the complaints were made – there was plenty of time to remedy this and follow through and he had no evidence of any corrections. Councilor Mineo stated he was on the sub-committee and has never been in agreement to do any of this and has visited The Still to try to hear some of the noise issues and heard none. By taking action, we are setting precedence and we should be very careful. Councilor Letellier also stated that by looking at all the information, it appeared that no further complaints were made and that only one officer agreed the noise was too loud. It seemed that the Council was making a mountain out of a mole hill and there were other ways to deal with this in a respectful manner rather than rush to judgment. Councilor Rossi acknowledged that there was a sound vibration issue but the pressing issue was that the APD took no action as they are the enforcement officers for amusement permits which allow live music. The APD told the individual who called in to complain that they would file harassment charges if that person continued to call. Councilor Calabrese stated that after reviewing everything, she was reluctant to do anything that would impact someone’s livelihood and cautioned the Council to tread lightly. Councilor Rheault said there was clear evidence that there were legitimate noise issues and that The Still never presented evidence that the issue was corrected. He agreed with Councilor Rossi that there was no conclusive evidence that this was taken care of. Council President asked Attorney Stephen Buoniconti, attorney for The Still, if he would like to speak. Attorney Buoniconti spoke on behalf of his client Rebecca Maslar who is co-owner of The Still. His recollection of some of the meetings was a little different than Councilor Rossi’s and mentioned that there were only three neighbors in question and that The Still has tried to resolve any and all of the issues. Never admitted there was a noise issue but certainly acknowledged the complaint. He spoke of the free flow of information at the Administrative Committee meetings but got the sense from Councilor Rossi that “if there were any more problems, they’d be in trouble”. Since May, there were no further noise complaints and on August 26th sound-proofing equipment was installed and especially towards the rear of the building. The delay was because the soundproofing was more comprehensive than originally thought and they have been extremely transparent with any and all information. They felt they have done everything they could to help with the noise issues and as always, if there were additional complaints, they would make every attempt to fix them. Attorney Buoniconti had requested all police reports including complaints, incident reports, calls to that address of any nature and had these reports certified prior to supplying them to the Council. He stressed that there should be hard evidence for the Council to take any sort of actions. Councilor Rheault asked a few questions and Attorney Buoniconti answered all of them. Council President Johnson asked if the testing was done during live bands or at other times and was told that the testing was far greater than the equivalent of a live band. Councilor Letellier asked if there was any neighbors present to get their opinion and asked if maybe the Council should table this item. Attorney Buoniconti requested that the Council take action and vote on the item so it would not be hanging over his client’s head. The vote was 0 YES, 11 NO defeating the item. 3. TR-2015-43 - A Resolution confirming the appointment of Vincenzo Ronghi, 55 Avalon Place, Feeding Hills, MA to the Agawam Liquor License Commission to a term expiring the first Monday in June, 2020 (Mayor) Motion to approve made by Councilor Bitzas and seconded by Councilor Cavallo. The vote was 11 YES, 0 N0 to approve the item. Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings None. Item 10. Old Business 1. TO-2015-41 - Budgetary Transfer of $29,981.97(Mayor) (Referred to Finance Committee) From: Assessor Regular Permanent (#11371-51010) $29,831.97 Assessor Longevity (#11371-51400) 150.00 To: Communit y Development Regular Permanent $29,831.97 Community Development Longevity 150.00 Motion to remove the item from the table made by Councilor Rheault and seconded by Councilor Cichetti. Voice vote was unanimous to remove the item from the table. Motion to approve made by Councilor Cichetti and seconded by Councilor Rheault. Councilor Mineo as Chair of the Finance Committee provided a report stating that this was not a new position being created and all their questions were answered however his committee did not make a formal recommendation. The vote was 11 YES, 0 N0 approving the transfer. 2. TOR-2015-8 - An Ordinance amending the Code of the Town of Agawam creating the Position of Public Access Studio Manager (Mayor) (1 of 2 Readings) (Referred to Legislative Committee) Motion to approve the second and final reading made by Councilor Cavallo and seconded by Councilor Cichetti. The vote was 11 YES, 0 N0 to approve the second and final reading. 3. TO-2015-43 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Parrotta’s Auto Service, Inc., 357 Main Street, Agawam, MA (Clerk) Motion to approve made by Councilor Letellier and seconded by Councilor Cavallo. Councilor Rossi as Chair of the Administrative Committee gave a report. The vote was 11 YES, 0 N0 to approve the item. 4. TO-2015-44 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Elmwood - D&J Auto Sales, 521 River Road, Agawam, MA (Clerk) Motion to approve made by Councilor Rheault and seconded by Councilor Suffriti. Councilor Rossi as Chair of the Administrative Committee again provided a report. An amendment to the name on the permit was made to have it read “Rayonia Motors, LLC d/b/a Elmwood D & J Auto Sales”. The voice vote was unanimous. The vote was 11 YES, 0 N0 to approve the item. 5. TOR-2015-9 - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinances §180 entitled “Non-Conforming Uses”(Councilor Cichetti) (Two Readings Required) – City Council vote to be Petitioner and send to Planning Board for their Public Hearing. Suggest City Council Public Hearing - 11/4/15 Motion made by Councilor Suffriti and seconded by Councilor Rheault. Council President Johnson stated that the Zoning Board of Appeals must designate the Building Inspector as the Zoning Administrator and then it must go to the City Council for confirmation. This should happen prior to acting on TOR-2015-9. It seems prudent to remove the item and wait until the Zoning Board of Appeals chooses to designate the Building Inspector as Zoning Administrator. Motion to remove the item from the Agenda made by Councilor Letellier and seconded by Councilor Cavallo. The vote was 11 YES, 0 N0 to remove the item from the Agenda. Council President Johnson asked Barbara to contact the Planning Board to delay holding their public hearing until the Zoning Board of Appeals acts with their designation. Item 11. New Business 1. TO-2015-45 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Bear Auto Sales, 517 Springfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 2. TO-2015-46 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Euro Imports, 325 Main Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 3. TO-2015-47 - An Order granting or renewing a Class 2 Dealer’s LICENSE to V&F Auto, Inc., 7 Harding Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 4. TO-2015-48 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Luigi’s Auto Sales, 371 South Westfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 5. TR-2015 -44 - A Resolution authorizing the posting of the warrant for the Town Election on November 3, 2015 (Mayor) Next Agenda. 6. TR-2015-45 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds to fund the Agricultural Preservation Restriction on farmland located at 792 Barry Street and to accept an interest in real estate (CPA) ($99,500.00) Referred to Community Relations Committee, next Agenda. 7. TR-2015-46 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for an accessible outdoor classroom and community gardens at Agawam Junior High School (CPA) ($23,494.00) Referred to Community Relations Committee, next Agenda. 8. TR-2015-47 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds to complete a Housing Needs Assessment for the Town of Agawam (CPA) ($15,000.00) Referred to Community Relations Committee, next Agenda. Item 12. Any other matter that may legally come before the City Council. Councilor Rossi again expressed interest in forming a committee to take control of Games & Lanes. Councilors Calabrese and Letelllier thanked the citizens of School Street for coming out, calling and emailing the Council Office to express their opinions. Councilor Bitzas spoke about opioid addiction and the upcoming drug forum that he and Councilor Cichetti are involved in. Adjournment. The Motion to adjourn was moved and seconded all around the house. The time of adjournment was 8:37P.M.