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12-07-2015 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated December 7, 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 Alysia Cutting of YMCA (Agawam) spoke about the one year anniversary of the Agawam YMCA and encouraged everyone to come and visit. She thanked everyone for their continued support in youth development, healthy living as well as community development. Item D. Minutes 1. Regular Council Meeting – November 16, 2015 Motion to approve made by Councilor Cichetti and seconded by Councilor Rheault. The voice vote was unanimous. 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 - (Referred to Legislative Committee) Motion to approve made by Councilor Cichetti and seconded by Councilor Suffriti. Public Hearing opened with John Masick from R. Levesque presenting the petition to change to A-3 zoning to enable multi-family dwellings, three duplexes being proposed. Councilor Letellier made a Motion to go into Committee as a Whole which was seconded by Councilor Bitzas. Councilor Letellier mentioned that at the sub-committee meeting Mr. Elias swore that he would build the proposed duplexes however in the presentation made this evening by Mr. Masick he said proposed duplexes. She is concerned that triplexes or bigger could be built. Mr. Elias said yes he only planned to build the three duplexes. Councilor Rossi said there is the potential of building more units if the zone change was passed but since Mr. Elias has no intention of doing so he would be in favor of the zone change. Council President Johnson asked if the three proposed units would be under single ownership (yes). Councilor Suffriti asked if he planned on owning them or were there plans to sell them in the future (yes, plans to own them) Motion made by Councilor Letellier and seconded by Councilor Cichetti to come out of Committee as a Whole. No one else spoke in favor or in name only in favor. Mark Dintzer was the only one who spoke in opposition to the zone change stating he saw no “planning” done throughout the whole planning process and that the committee is simply a “bobble head” committee. Schools will be saturated if we continue to grant zone changes and the Council should think it through a little further. The Public Hearing was closed. Councilor Cichetti as Chair of the Legislative Committee gave his report stating they gave a 4-0 positive recommendation to the Full Council. Councilor Letellier stated Mr. Elias promised to put in the three units but if he sold them to a different owner there could be many more up there. Councilor Rossi was also concerned with that issue but after speaking with the Petition and seeing his quality of work, he believes they would be assets to the town. Councilor Cavallo was also in favor. Council President Johnson asked Councilor Cichetti as Chair of the Legislative Committee if he asked why they wanted A-3 instead of A-2 to which Councilor Cichetti stated he understood that the A-3 was required for the three duplexes. Motion to go into Committee as a Whole again made by Councilor Letellier and seconded by Councilor Cichetti. Mr. Masick said yes, the A-3 would allow them to build the three duplexes and never looked into anything else. Motion to come out of Committee as a Whole made by Councilor Letellier and seconded by Councilor Cichetti. The vote was 9 YES, 1 NO (Councilor Johnson), 1 ABSTENTION (Councilor Calabrese) 2. TR-2015-48 - A Resolution adopting a Residential Factor of 0.000000 pursuant to Massachusetts General Laws, Chapter 50, Section 56 (Mayor) Motion to approve made by Councilor Suffriti and seconded by Councilor Cichetti. Public Hearing opened with presentation made by Assessor Kevin Baldini who stated the Agawam has been fortunate over the years to have a significant increase in the business class tax base due to the effect of the Greater Springfield Reliability Project. Now that the WMECO project was completed the values dropped due to asset depreciation as well as the drop in evaluation of Berkshire Power which lowered their taxes by $28 million. Two local businesses also became certified by the state which removed about $7 million of assessed value from taxation at the local level. However, even with all this, Agawam’s tax rates would still be lower the that of surrounding communities. Councilor Calabrese made a Motion to go into Committee as a Whole, seconded by Councilor Letellier. Councilor Letellier thanked Kevin for his thorough and updated material but wanted to know if he or the Mayor chose the proposed shift to which Kevin replied both worked together to come up with the rate. Council President Johnson asked how it compared to last year and Councilor Bitzas said we need to stay right in the middle to make both sides happy. Council President asked a few more questions and thanked the Assessor for his excellent presentation and supply of information as always. So refreshing and is the best every year. Councilor Cichetti made the Motion to come out of Committee as a Whole, seconded by Councilor Letellier. No one else spoke in favor or in name only in favor. John Weiss spoke in opposition stating most commercial property owners do not get the benefit of any services for all of the taxes they pay. He stated that the Chamber of Commerce is against the proposed shift which affects the commercial/industrial harder than the residents however he applauded Agawam for continuing to be among the lowest in the area. Frank Palange of V&F Auto also spoke in opposition asking how much more can you dump on the businesses – it has to stop somewhere. Eventually residents will pay with increases in services. He suggested selling some of the blighted properties to make some of these work for some area businesses. Councilor Mineo as Chair of the Finance Committee gave his report thanking the Assessor for his presentation. They did ask the Assessor for more detailed information which he emailed to the Full Council. The committee decided not to make a recommendation and get more input from the Full Council. Councilor Bitzas said this was a difficult decision as he sympathizes with both the businesses as well as the homeowner. He felt 1.5 was fair. Councilor Calabrese was considering 1.49 as the proposed shift was a big difference for businesses. Councilor Rossi respectfully disagreed with Councilor Calabrese and wanted it shifted more to benefit the residents especially those on a fixed income. He was leaning more towards 1.55 as a fair shift. Councilor Cavallo agreed with the 1.5. Council President Johnson reminded the Council that the Council caused the tax rate to go up back when they approved the budget. The loss of all these things in Assessor’s report is very misleading to the general public because the Council did it when the approved the budget back in June. He suggested staying at 1.48 because if not, we aren’t being very business friendly. He disagreed with Councilor Rossi as the businesses cannot easily recover as Councilor Rossi suggested. In the fifteen years since he left the Mayor’s office, the Council has continued to increase the burden on to the businesses. Councilor Mineo said it doesn’t matter what they agreed to that evening – the taxes will go up no matter what is passed. We should be friendly to both sides. He agreed – we passed the budget in June and have to pay for it now. Council Vice President Perry also agreed with Council President Johnson and says it every year – time to pay the piper. He feels the solution is to reduce the cost of government at budget time and gave advice for next year – remember there are numerous Department Heads making a good deal more than the Mayor as well as some Administrative personnel making as much as the Mayor. Those things need to be looked at in order to reduce costs. Councilor Letellier also stated how municipal employees get an automatic bump in pay every year and those with fixed incomes do not. She disagreed with Councilor Rossi saying that would be too much of a hit and suggested a compromise at 1.5. Councilor Rossi agreed there indeed is a budget problem but it is not just the Council’s problem – it comes from Administration first. Councilor Rheault agreed with Councilor Letellier stating we must look at the elderly in town who are on a fixed income. There are 38 employees making more than the mayor and recommended a 1.50 or higher shift. Councilor Bitzas said we should compromise in the middle with 1.5 which is friendly for both. Councilor Cavallo agreed. Motion to adopt .820333 (a shift of 1.52) made by Councilor Letellier and seconded by Councilors Rheault and Rossi. The vote was 6 YES (Councilors Cavallo, Letellier, Mineo, Rheault, Rossi and Suffriti), 5 NO (Councilors Bitzas, Calabrese, Cichetti, Johnson and Perry) passing the Motion. Item 10. Old Business 1. TO-2015-74 - An Order Granting or Renewing a PERMIT for Weekly Amusement for The Main Street Still, 858 Suffield Street, Agawam, MA. (Clerk) (Tabled until 12/21/15) (Tabled until our December 21st meeting) 2. 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) Motion to approve made by Councilor Rheault and seconded by Councilor Rossi. Councilor Rossi as Chair of the Administrative Report gave a report on all of the items listed below. The Administrative Committee gave a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO approving the item. 3. 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) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. The vote was 11 YES, 0 NO approving the item. 4. 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) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. The vote was 11 YES, 0 NO approving the item. 5. 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) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. The vote was 11 YES, 0 NO approving the item. 6. 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) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. The vote was 11 YES, 0 NO approving the item. 7. 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) Motion to approve made by Councilor Rossi and seconded by Councilor Perry. The vote was 11 YES, 0 NO approving the item. 8. TO-2015-81 - An Order Granting or Renewing a PERMIT for Weekly Amusement for Crestview Country Club, 281 Shoemaker Lane, Agawam, MA. (Clerk) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. The vote was 11 YES, 0 NO approving the item. 9. 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) Motion to approve made by Councilor Suffriti and seconded by Councilor Rossi. The vote was 11 YES, 0 NO approving the item. 10. 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) Motion to approve made by Councilor Suffriti and seconded by Councilor Rossi. The vote was 11 YES, 0 NO approving the item. 11. 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) Motion to approve made by Councilor Rossi and seconded by Councilor Suffriti. The vote was 11 YES, 0 NO approving the item. 12. TO-2015-85 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Balfour Motors, 1801 Main Street, Agawam, MA (Clerk) Motion to approve made by Councilor Rossi and seconded by Councilor Cichetti. The vote was 11 YES, 0 NO approving the item. Item 11. New Business 1. TO-2015-86 - Order granting or renewing a Class 2 Dealer’s License to Auto Kraft, 119 Walnut Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 2. TO-2015-87 - Order granting or renewing a Class 2 Dealer’s License to Malkoon Motor Sales, 825 Springfield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 3. TO-2015-88 - A Budgetary Transfer for $249,000.00 from Line Items – Reserve Fund #16605-57300 to Line Items – Employee Benefit Buyback #16603-51040 (Mayor) Referred to Finance Committee, next Agenda. 4. TO-2015-89 - Order granting or renewing a Class 2 Dealer’s License to Paul J. LaPointe d/b/a The Car Connection, 820 Springfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 5. TR-2015-50 - Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the softball and baseball diamond circuitry and lights located at the Agawam High School (CPA) Referred to Finance and Community Relations Committees, next Agenda. 6. TR-2015-51 - Resolution to increase the bond amount for the new track, field and school locker facility at the Agawam High School (Mayor Cohen) Referred to Finance Committee, next Agenda. Item 12. Any other matter that may legally come before the City Council. Council President made mention that the bid deadline was extended until Friday which would mean the information regarding the track should be sent to the Council by Monday. Councilor Cichetti asked everyone to send any comments or changes regarding the City Council Rules and Regulations to Barbara as soon as possible as the Legislative Committee will be reviewing them over the next few weeks. Councilor Mineo encouraged everyone to go to the YMCA in Agawam and continue to support it. He thanked Alycia for coming to the meeting. Councilor Suffriti commented on how nice it was to see positive dialogue between the councilors regarding the tax factor. As Mayor prepares this year’s budget, he should sharpen his pencil in many areas. The unions expect an automatic increase and/or steps – it seems out of control. Councilor Letellier wished everyone a happy first night of Hanukkah. Councilor Bitzas stated that the Finance Committee is such an important committee and they should have taken a vote on the tax factor. What are these committees for? It should be in our Rules to require a vote to be taken. Otherwise we should get rid of the committees. Councilor Mineo emphatically clarified that his committee was quite willing and able to make a recommendation however they waited for more specific information from the Assessor and decided at that point to allow the Council to decide for themselves. Council President Johnson also reminded everyone of our holiday party on the 15th and to see Barbara if they have no yet done so. Adjournment. The Motion to adjourn was moved and seconded all around the house. The time of adjournment was 8:31P.M.