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11-16-2015 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated November 16, 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 Peter Cecchi and Vincent Burba spoke against The Still and voiced their complaints about the noise. The following residents voiced their support of The Still and the right to have live music: Mary K. Fitzgerald-Savoy, Lauren A. David, Jill Jensen, Miranda Lanza, Steve Svonkin, Donna Zucco, Michael Gruska Jr., Dave Diesl, Kevin Atkinson, Tim Zucco, Attorney Stephen Buoniconti, Rebecca Maslar and Devin Williams. Attorney Buoniconti also requested that the Council consider tabling this item until the second December meeting to allow Ms. Maslar to move the band floor to the opposite side of the bar with the hopes that it would direct the noise out the other side of the bar in an attempt to alleviate the noise issues with the neighbors. Item D. Minutes 1. Regular Council Meeting – November 4, 2015 Motion to approve made by Councilor Cavallo and seconded by Councilor Cichetti. The voice vote was unanimous with Councilors Calabrese and Perry abstaining. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances None. Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings 1. ZC-2015-1 (PH-2015-3) - Petition for Zone Change by Aziz Elias for property located at 1004 Springfield Street from Business A and Agricultural District to Residence A-3 District - Public Hearing Date of December 7, 2015 (Referred to Legislative Committee) Motion to table made by Councilor Suffriti and seconded by Councilor Cichetti. The vote was 11 YES, 0 NO. Item 10. Old Business 1. TO-2015-63 - Budgetary Transfer of $4,000.00 from Line Items – Reserve Fund (#16605-57300) to Line Items – Previous Years Bills (#16602-57501) (Mayor) Motion to approve made by Councilor Cichetti and seconded by Councilor Cavallo. Councilor Mineo provided a report from the Finance Committee sending a negative recommendation. Councilor Calabrese could not support this and would be voting no. Councilor Bitzas asked how the Council could not approve this at this point and that the bill would need to be paid. He also questioned the legality of not paying it at this point to which Councilor Mineo said it wouldn’t be illegal. Councilor Letellier said there were four levels of error in this situation: (1) the Auditor never questioned it (2) the Treasurer never questioned it (3) Tony Roberto never questioned it and the Administration never questioned it. EZ-Go sent an email to Will back in July of 2014 and then never contacted the town again. Why is it no one bothers to question these things? Councilor Rossi agrees and says it is a result of poor management. Maybe the Mayor should try negotiating the amount down? Councilor Cichetti said the numbers don’t even jive saying the town received a check in the amount of $4,400 however they are submitting a transfer for $4,000? Council President Johnson stated that this was a originally a bid so how could no one question receiving a refund check? Until we as a Council begin to say enough is enough, this type of thing will continue to happen. His opinion is that the town is not responsible for paying this as it occurred in the last fiscal year. Councilor Bitzas suggested tabling this item until we could receive additional information and thinks it would be a mistake not paying it. Council President Johnson said we appropriated money for the carts, the carts were purchased. The money was closed out to Free Cash and does not believe EZ-Go has any recourse. Councilor Mineo agreed the right thing to do would be to pay it however he agreed with Councilor Rheault in enough is enough. Council Vice President Perry stated that as Chair of the Ad Hoc Golf Committee he has consistently fought for the golf course and told Councilor Bitzas that this was not political, it just needs to stop at some point. The vote was 1 YES (Councilor Bitzas), 10 NO defeating the item. 2. TO-2015-64 - An Order granting or renewing a Class 2 Dealer’s LICENSE to ACE Auto Body, 1363 Main Street, Agawam, MA (Clerk) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. Councilor Rossi as Chair provided a report of the Administrative Committee. One of his committee members, Councilor Mineo, would like to be able to review the records from ACE Auto Body as it has been reported that they have not had any cars there in a while. Councilor Cavallo wanted to know if there were any issues with the place. It was noted that one of the owners passed away and the name is now in one name instead of both. Councilor Bitzas stated that it shouldn’t matter to us whether they have 0 cars, 1 car or 6 cars. The vote was 11 YES, 0 NO passing the item. 3. TO-2015-65 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Auto Point Motors, Inc. 1039 Springfield Street, Feeding Hills, MA (Clerk) Motion to approve made by Councilor Rheault and seconded by Councilor Cichetti. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO passing the item. 4. TO-2015-66 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Chris Auto South, 207 Main Street, Agawam, MA (Clerk) Motion to approve made by Councilor Rheault and seconded by Councilor Rossi. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO passing the item. 5. TO-2015-67 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Garden Auto Sales, 204 Garden Street, Feeding Hills, MA (Clerk) Motion to approve made by Councilor Rossi and seconded by Councilor Bitzas. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO passing the item. 6. TO-2015-68 - An Order granting or renewing a Class 2 Dealer’s LICENSE to LaFleur Auto Exchange, 374 Main Street, Agawam, MA (Clerk) Motion to approve made by Councilor Rossi and seconded by Councilor Bitzas. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. Councilor Mineo again wanted to review the sale activity records and noted that Code Enforcement Officer has not seen a car in that lot in two years. The vote was 11 YES, 0 NO passing the item. 7. TO-2015-69 - An Order granting or renewing a Class 2 Dealer’s LICENSE to NK Auto Sales, 28 Moylan Lane, Agawam, MA (Clerk) Motion to approve made by Councilor Rossi and seconded by Councilors Perry and Rheault. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. Again, Councilor Mineo commented on no cars being in the lot in recent years. Councilor Suffriti also said he would like to see the last two years’ worth of records. Councilor Bitzas would prefer to see small used car dealerships with little to no cars than a large used car dealership. Councilor Rossi expressed that he didn’t think it was fair to single out one or two used car dealers. Councilor Mineo stated that he feels he is just doing his job and asking the business to come in front of us. Council President Johnson stated that the limiting of used car dealer licenses is not valid and that anyone may apply for a license. He applauded Councilor Mineo’s efforts to stay on top of these things. The vote was 11 YES, 0 NO passing the item. 8. TO-2015-70 - Order granting or renewing a Junk Dealer’s PERMIT for Block Jewelers, Inc., 299 Walnut Street, Agawam, MA. (Clerk) Motion to approve made by Councilor Rheault and seconded by Councilor Rossi. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO passing the item. 9. TO-2015-71 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device for Scoreboard Bar & Restaurant, 15 King Street, Agawam, MA. (Clerk) Motion to approve made by Councilor Cichetti and seconded by Councilor Rheault. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO passing the item. 10. TO-2015-72 - An Order Granting or Renewing a PERMIT for Weekly Amusement for Scoreboard Bar & Restaurant, 15 King Street, Agawam, MA. (Clerk) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO passing the item. 11. TO-2015-73 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device for The Main Street Still, Inc., 858 Suffield Street, Agawam, MA. (Clerk) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO passing the item. 12. TO-2015-74 - An Order Granting or Renewing a PERMIT for Weekly Amusement for The Main Street Still, Inc., 858 Suffield Street, Agawam, MA. (Clerk) Motion to approve made by Councilor Letellier and seconded by Councilor Cichetti. Councilor Rossi as Chair of the Administrative Committee provided a report sending a positive recommendation for approval to the Full Council. Discussion began with Councilor Mineo disputing Mr. Burba’s accusations during Citizen Speak Time saying in all his sixteen years of being a councilor that he has never, ever, tried to sway anyone’s vote and that he has no affiliation with The Still. It was NOT Councilor Mineo that was in the back of The Still on Saturday but Councilor Suffriti! He finds it hard to believe anyone would accuse him of such a thing. Councilor Letellier stated she spoke to Mr. Burba on Election Day and also noted that the adjoining hair salon has items knocked off their shelves after the loud music (never filed a complaint but Councilor Letellier spoke to them personally). Attorney Buoniconti recommended tabling the item and she agreed. Councilor Rossi said he wanted to vote on it and that this has been going on far too long with empty promises. He cannot, will not vote for a license there until things have been resolved. He feels the owner has not acted responsibly. Council President reminded everyone that the item before them was for next year and not this year. Councilor Suffriti voted in favor of recommending the item with the facts that were presented to the committee. He indeed went to The Still on Saturday night and had a conversation with them in the back. Sound was fine however he parked in front of the houses of the complainants and you can definitely hear the bass sound, “boom boom boom” over and over. He is not in favor of putting anyone out of business but is hopeful that rearranging the floor plan could alleviate some of the issues. A compromise must happen. Councilor Bitzas drove down there as well and agrees we must compromise with the neighbors and businesses. Councilor Letellier thanked Councilor Suffriti for his efforts of going out after midnight. Why couldn’t we get sound engineers, not sound techs, to go to the same houses during the live music and test the bass at that point? This needs to be resolved and again recommended tabling the item as requested. Council President Johnson reiterated that the permit exists until the end of this year and it makes sense to table until our December 21st meeting. The Still has recognized that there is an issue and we need to give them an opportunity to fix it. Councilor Cichetti also applauded Councilor Suffriti for his efforts and asked if he also went by Kaptain Jimmy’s – that the music could be also coming from them or a combination of both. Councilor Suffriti only heard the bass up by the homes on Silver Street. Councilor Rossi felt that The Still has been given too many extensions in fact, Ms. Maslar reported she had been forewarned that the police were coming by a friend listening to a police scanner. How many times have they been warned? Is that why there is no police action because the bar had advance warning? Councilor Bitzas think they understand us now and we should give them another chance. Motion to table made by Councilor Calabrese and seconded by Councilor Letellier. The vote was 10 YES, 1 NO (Councilor Rossi) tabling the item until the December 21, 2015 meeting. Item 11. New Business 1. TO-2015-75 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device for Home Plate Sports Bar, LLC, 827 Springfield Street, Feeding Hills, MA. (Clerk) Referred to the Administrative Committee, next Agenda. 2. TO-2015-76 - An Order Granting or Renewing a PERMIT for Weekly Amusement for Home Plate Sports Bar, LLC, 827 Springfield Street, Feeding Hills, MA. (Clerk) Referred to the Administrative Committee, next Agenda. 3. TO-2015-77 - An Order Granting or Renewing LICENSE for an Automatic Amusement Device for Ferrentino’s Inc. d/b/a Ferrentino’s Pizzeria & Pub, 1676 Main Street, Agawam, MA. (Clerk) Referred to the Administrative Committee, next Agenda. 4. TO-2015-78 - An Order Granting or Renewing a PERMIT for Weekly Amusement for Ferrentino’s Inc. d/b/a Ferrentino’s Pizzeria & Pub, 1676 Main Street, Agawam, MA. (Clerk) Referred to the Administrative Committee, next Agenda. 5. TO-2015-79 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device for Ray-Mor, Inc. d/b/a The Elbow, 386 Walnut Street, Agawam, MA. (Clerk) Referred to the Administrative Committee, next Agenda. 6. TO-2015-80 - An Order Granting or Renewing a PERMIT for Weekly Amusement for Ray-Mor, Inc. d/b/a The Elbow, 386 Walnut Street, Agawam, MA. (Clerk) Referred to the Administrative Committee, next Agenda. 7. TO-2015-81 - An Order Granting or Renewing a PERMIT for Weekly Amusement for Crestview Country Club, 281 Shoemaker Lane, Agawam, MA. (Clerk) Referred to the Administrative Committee, next Agenda. 8. TO-2015-82 - An Order granting or renewing a Class 1 Dealer’s LICENSE to Sarat Ford Sales, Inc., 221 Springfield Street, Agawam, MA (Clerk) Referred to the Administrative Committee, next Agenda. 9. TO-2015-83 - An Order granting or renewing a Class 1 Dealer’s LICENSE to Sarat Ford Sales, Inc., 243-249 Springfield Street, Agawam, MA (Clerk) Referred to the Administrative Committee, next Agenda. 10. TO-2015-84 - An Order granting or renewing a Class 1 Dealer’s LICENSE to Sarat Ford Sales, Inc., 250 Springfield Street, Agawam, MA (Clerk) Referred to the Administrative Committee, next Agenda. 11. TO-2015- 85 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Balfour Motors, 1801 Main Street, Agawam, MA (Clerk) Referred to the Administrative Committee, next Agenda. 12. TR-2015-48 - A Resolution adopting a Residential Factor of 0.000000 pursuant to Massachusetts General Laws, Chapter 50, Section 56 (Mayor) – Suggest Public Hearing Date of December 7, 2015 Referred to the Finance Committee with the Public Hearing being December 7, 2015, next Agenda. Item 12. Any other matter that may legally come before the City Council. Councilor Bitzas congratulated the AHS football team for a great season as well as the soccer team. Councilor Letellier enjoyed watching the football team and became a fan of football because of them - very exciting games. She suggested sending a memo to the Solicitor to have him review the Class 2 rules and wished everyone a Happy Thanksgiving. Councilor Suffriti and others also congratulated the AHS football team as well as extending Happy Thanksgiving wishes to everyone. Council President Johnson explained that he spoke with the Mayor regarding the bids for the AHS athletic facility and agreed to allow them on our December 7th Agenda provided they have detailed figures to us at least a week before the following meeting so we don’t get information a couple days before we have to take a vote. Adjournment. The Motion to adjourn was moved and seconded all around the house. The time of adjournment was 8:49P.M.