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12-21-2015 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated December 21, 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 – 10 PRESENT, 1 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, James Cichetti, Council President Christopher Johnson, Joseph Mineo, Vice President Dennis Perry, Donald Rheault, Robert Rossi and Anthony Suffriti. Councilor Gina Letellier was absent. With ten 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 Tim Zucco, Devin Williams and Jacqui Bergstrom all spoke in favor of The Still. Gary Suffriti requested the Council’s support on his re-election to the Zoning Board of Appeals. Item D. Minutes 1. Regular Council Meeting – Dec. 7, 2015 Motion to approve made by Councilor Cichetti and seconded by Councilor Rheault. The voice vote was unanimous. Item E. Declaration from Council President Council President Johnson made a presentation to Council Vice President Dennis Perry in observance of his twenty years on the Council.    Item F. Presentation of Petitions, Memorials & Remonstrances 1. 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) Motion to approve made by Councilor Calabrese and seconded by Councilor Bitzas. Councilor Calabrese provided a report on behalf of both the Finance and Community Relations Committees explaining that the bids came in lower than actually thought. Motion to go into Committee as a Whole made by Councilor Bitzas and seconded. The vote was 3 YES (Councilors Bitzas, Mineo and Rheault), 7 NO (Councilors Calabrese, Cavallo, Cichetti, Johnson, Perry, Rossi and Suffriti), 1 ABSENT (Councilor Letellier) defeating the Motion. Councilor Bitzas expressed disappointment in the Council trying to silence the public. This project had been delayed too long. The money is coming from CPA which is part from the state part from citizens. These lights would allow working parents the opportunity to see more games. By not going into Committee as a Whole, the Council is not being very transparent. Councilor Rossi did not vote for going into Committee as a Whole because we all have all of the information we need and there was no new information warranting going into Committee as a Whole. He supports this measure and was one of the ones that brought it to their attention noting it is separate from the bonding and feels it would be a great addition seeing no reason why the Council would reject this. Councilor Mineo also in favor noting that Councilor Cichetti’s idea to make the lights solar is great but cannot afford another delay. Councilor Cichetti remained unsure on his decision with the main concern being the issue of paying for the electricity. Why can’t the bid be reworked to include solar? Councilor Rheault said it was about time Agawam stepped up to the plate and was in favor. Council President Johnson stepped from the Chair stating opposition to this item because there simply weren’t enough games to use these and that it would also take its toll on the grass. However he did make a Motion to amend the item down to the $388,000.00. He also stated there were many more worthwhile projects in town that could use CPA funding. Councilor Bitzas said it was too late for solar re-design although would have been a great idea. He also said the cost of electricity was minimal. Council President Johnson’s Motion to Amend from $500,000 to $388,000 was seconded by Councilors Bitzas and Perry. The vote was 9 YES, 1 NO (Councilor Cichetti) and 1 ABSENT (Councilor Letellier) passing the amendment. The vote for the main Motion as amended was 5 YES (Councilors Bitzas, Mineo, Perry, Rheault and Rossi), 5 NO (Councilors Calabrese, Cavallo, Cichetti, Johnson and Suffriti), 1 ABSENT (Councilor Letellier) defeating the item. 2. 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) Motion to approve made by Councilor Bitzas and seconded by Councilor Cavallo. Councilor Calabrese gave the report of the Finance Committee stating they gave a positive recommendation to the Full Council. Councilor Bitzas said this is the most important project in town and hopes the Full Council will support this. Councilor Mineo agreed. Councilor Cavallo mentioned that if we vote on this then the Early Childhood Center wouldn’t be able to be done and therefore has mixed feelings on this. Council President Johnson stepped from the Chair saying there will be a bump of ¾ million of principal and interest added to our taxable basis and would most definitely increase taxes within the next two years. We could not consider another big project for quite some time. Councilor Rossi said these have been on the drawing board a very long time and we are currently on warning status because of the locker rooms (since 1988). The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. Item G. Report of Council Committees None. Item H. Elections 1. TE-2015-5 - Election of a regular member of the Zoning Board of Appeals to a term expiring January 1, 2019 Councilor Cavallo put Richard Maggi’s name into nomination which was seconded by Councilor Rossi. Council Vice President Perry put Gary Suffriti’s name into nomination which was seconded by Councilor Suffriti. The vote was 1 for Richard Maggi, 9 for Gary Suffriti. Gary Suffriti has extended his term until January 1, 2019. Item I. Public Hearings None. Item J. Old Business 1. 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) (Referred to Administrative Committee) (Tabled until 12/21/15 meeting) Motion to remove the item from the table was moved and seconded. The item was off the table and Motion to approve made by Councilor Suffriti and seconded by Councilor Cichetti. Councilor Rossi as Chair of the Administrative Committee gave a report saying the problem with this was with management’s lack of following through with corrections and being deceitful. The manager received warning from a friend on a police scanner and they did not follow through with their promise to resolve issues. The Still has been a public nuisance with the neighbors and we should have evoked punitive action. Councilor Rossi reminded the Council that these licenses and permits are revocable privileges for the general good of the community and still believes they violated this privilege. Council President Johnson suggested going into Committee as a Whole to hear from representatives of The Still. Councilor Rossi made a Point of Order asking what more information do we need to hear? Motion to go into Committee as a Whole made by Councilor Calabrese and seconded by Councilor Cichetti. The vote to go into Committee as a Whole passed with a vote of 7 YES (Councilors Bitzas, Calabrese, Cichetti, Johnson, Mineo, Perry and Rheault), 3 NO (Councilors Cavallo, Rossi and Suffriti), and 1 ABSENT (Councilor Letellier). Attorney Buoniconti as attorney for The Still read a letter of progress. He stated the truth gets lost with the information from Councilor Rossi’s report. Regarding the scanner, in fact it was a patron of the bar who was at home when they heard it on the scanner and called to tell Ms. Maslar to go check the noise outside. His report paints her as doing something wrong which is not the case. She has gone through great efforts and great expense to fix the issues of concern with the neighbors. Ms. Maslar has spent over $6000 to resolve things initially and more since she hired a sound engineer. It cost $7000 to move the band around. He thanked Mr. Cecchi for providing access to his home to the sound engineer. After listening to live music, the sound engineer gave specific remedy to use “governors” which stop the noise below certain levels. Effectively, they are policing the sound system and all bands are required to use The Still’s sound system. She has also ordered a theater-type curtain costing about $1500 to stop noise from going to the neighboring businesses. In all she has spent over $10,000 out of her pocket to resolve these issues. Attorney Buoniconti also mentioned that from November 16th to the present, there were no noise complaints made to the APD. He also stated that they have been extremely transparent throughout the whole ordeal and also feels that any amendment to this item such as cutting hours would affect the livelihood of many. Councilor Mineo asked the total spent so far which Attorney Buoniconti said amounted to about $15000 - $16000. Councilor Rossi said they have had hours of dialogue since April and now they say they have been open and willing to work. He questioned why all of a sudden this work was done and not before. Attorney Buoniconti said they had hired Soundproofing Company and was a learning process. They have been transparent in what they believed at that time. In November they finally learned about the vibration issue and took the necessary steps at that time. Attorney Buoniconti said a good system in place and is better than before. If anyone calls with a complaint, it will be addressed. Motion to come out of Committee as a Whole was moved and seconded. Main Motion discussion began with Councilor Cavallo being in favor. Councilor Suffriti was the one who initially heard vibration. He went back and heard no vibration. Councilor Rossi reminded Council to place reasonable conditions on The Still and put them on probationary status as the Council has an inherent right to protect its citizens. Councilor Mineo reminded everyone that he has no affiliation with anyone at The Still and believes the bar has done their due diligence, made a commitment to fix something and has done it. Councilor Rheault said initially he voted against it but maybe they should have been given the benefit of the doubt but cautions them not to take advantage of this. He also stated that the Legislative Committee should look into adding a decibel level to the noise ordinance. Council Vice President Perry thanked Bob and the committee for their work and thanked The Still for working with the Council to help make the problem go away. Councilor Bitzas went to The Still also and did not hear the noise. Council President Johnson suggested placing conditions according the Attorney’s letter with the promise to do (1) reorientation of the performance area, (2) theater curtain, (3) utilize the house sound system with governors and (4) review in three months and the end of the first quarter. Motion to amend made by Council President Johnson and seconded by Councilor Calabrese. The vote was 8 YES (Councilors Bitzas, Calabrese, Cavallo, Johnson, Perry, Rheault, Rossi and Suffriti), 2 NO (Councilors Cichetti and Mineo), 1 ABSENT (Councilor Letellier). Councilor Bitzas said this is a good idea but haven’t they already done all of these conditions? Councilor Rossi asked if the permit was granted just for the quarter which Council President Johnson said no this would be for the year. The vote on TO-2015-74 as amended was 10 YES, 0 NO, 1 ABSTENTION (Councilor Letellier). The item passed. 2. 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) Motion to approve moved and seconded. Councilor Rossi as Chair of the Administrative Committee gave a report sending a positive recommendation for passage. The vote was 10 YES, 0 NO, 1 ABSENT passing the item. 3. 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) Motion to approve moved by Councilor Rheault and seconded by Councilor Rossi. Councilor Rossi as Chair of the Administrative Committee gave a report sending a positive recommendation for passage. He mentioned that the report given by Michael Theroux clarified that the extra cars on the lot were registered and scheduled for auction awaiting pick up. The vote was 10 YES, 0 NO, 1 ABSENT passing the item. 4. 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) Motion to approve made by Councilor Cichetti and seconded by Councilor Mineo. Councilor Mineo as Chair of the Finance Committee gave a report saying the Auditor pointed out that this item had been cut because too much money had not been used but based on collective bargaining agreements and retirements, this has to be paid. The vote was 10 YES, 0 NO, 1 ABSENT passing the item. 5. 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) Motion to approve moved by Councilor Cavallo and seconded by Councilor Cichetti. Councilor Rossi as Chair of the Administrative Committee gave a report sending a positive recommendation for passage. The vote was 10 YES, 0 NO, 1 ABSENT passing the item. Item K. New Business 1. TO-2015-90 - Order granting or renewing a Class 2 Dealer’s License to Elias Auto, 1123 Suffield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda (January 19, 2016) 2. TO-2015-91 - Order Granting a PERMIT for Weekly Amusement for Kaptain Jimmy’s Restaurant & Distillery, 916 Suffield Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda (January 19, 2016) 3. TOR-2015-9 - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinances §180 entitled “Non-Conforming Use” (Councilor Cichetti) – Vote to be Petitioner and refer to Planning Board. Set Public Hearing date – suggest February 16, 2015 Referred to Legislative Committee. Motion to make the Council be the Petitioner made by Councilor Calabrese and seconded by Councilors Cichetti and Suffriti. Vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) in favor. Set the Public Hearing date for March 7, 2016 as the Building Inspector will be out of the country on the meeting prior to that date. 4. TR-2015-52 - Resolution confirming the appointment of Dean Godek, 24 Cedar Knoll Drive, Feeding Hills to the Agawam Municipal Golf Commission for a term expiring on December 31, 2018 (Mayor) Next Agenda (January 19, 2016) 5. TR-2015-53 - Resolution authorizing the appropriation to fund the demolition and hauling away of structure(s) located at 30 Royal Lane, Agawam, MA in the amount not to exceed $16,500.00 (Mayor) Next Agenda (January 19, 2016) 6. TR-2015-54 - Resolution accepting a grant from the Commonwealth of Massachusetts Emergency Management Agency pursuant to Massachusetts General Laws, Chapter 44, Section 53A to Agawam Emergency Management ($6,460.00) (Mayor) Next Agenda (January 19, 2016) Item L. Any other matter that may legally come before the City Council. Councilor Bitzas wished everyone a Merry Christmas and happy, healthy New Year. This was followed by well wishes by the entire Council. Councilor Mineo expressed sadness at Dennis leaving. Councilor Calabrese said she never mentioned it before but considered Councilor Perry a mentor for her and will also miss him. Council President Johnson stated his sadness at seeing Councilor Perry go considering him a close friend. Council President Johnson also reminded everyone that the evaluations are due and please get them into him or the Council Office. Adjournment. The Motion to adjourn was moved and seconded all around the house. The time of adjournment was 8:53P.M.