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05-02-2016 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated May 2, 2016 Meeting was called to order by Council President Cichetti 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, Council President James Cichetti, Christopher Johnson, Gina Letellier, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. With eleven present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. Council President Cichetti asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen’s Speak Time School Committee members Wendy Rua and Shelley Borgatti-Reed both spoke in favor of TR-2016-26 and asked that the Council support the item. Item D. Minutes 1. Regular Council Meeting – April 4, 2016 (Tabled 4/19/16) Motion to remove from the table made by Councilor Theroux and seconded by Councilor Rheault. Voice vote was unanimous. Motion to approve made by Councilor Theroux and seconded by Councilor Cavallo. The vote was 11 YES, 0 NO approving the minutes. 2. Special Joint Meeting – April 12, 2016 Motion to approve made by Councilor Rossi and seconded by Councilor Letellier. Voice vote was unanimous. The vote was 11 YES, 0 NO approving the minutes. 3. Regular Council Meeting – April 19, 2016 Motion to approve made by Councilor Calabrese and seconded by Councilor Cavallo. The vote was 7 YES (Councilors Bitzas, Calabrese, Cavallo, Cichetti, Mineo, Rheault and Theroux), 0 NO, 4 ABSTENTIONS (Councilors Johnson, Letellier, Rossi and Suffriti) approving the minutes. Item E. Declaration from Council President 1. Notice of APR project name Kosinski for property located on North West Street in Feeding\ Hills, MA. Council President Cichetti read the following Notice into record:  Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2016-26 - A Resolution requesting the Agawam City Council Petition for the Enactment of Special Municipal Legislation changing the process to fill a vacancy on the School Committee (Mayor Cohen with Councilors George Bitzas, James Cichetti and Richard Theroux) (Referred to Legislative Committee) Motion to approve made by Councilor Calabrese and seconded by Councilor Theroux. As Chair of the Legislative Committee, Councilor Theroux provided his committee’s report stating a positive recommendation for approval was given with a 5-0 vote. He also suggested that his committee felt since this is coming onto the School Committee Agenda that the Council should think about tabling this item until we get the School Committee report. Councilor Bitzas strongly supports this and doesn’t think it needs to be tabled. In 2000, the Council voted to change the wording for any City Council vacancies. Councilor Rossi is in favor of changing this and believe the School Committee should have the freedom to choose the person they want however he would agree to table until they have their vote. Councilor Johnson does not support this. The editorial in the newspaper summed it up perfectly and agreed it shouldn’t be the sole factor. Councilor Johnson didn’t favor it saying it was well written but the selection shouldn’t be automatic and does support the School Committee choosing their own replacement. Councilor Bitzas disagrees with Councilor Johnson and reminded Councilor Rossi that the City Council are the legislators not the School Committee. Councilor Rossi responded to Councilor Bitzas stating that he said the School Committee should be allowed to make their own choice in the selection process. Councilor Cavallo suggested looking into how Holyoke is doing a similar situation and that we need to pick a system of choosing that does not become political. Councilor Theroux stated as Chair of the Legislative Committee that the committee looks forward to the School Committee’s thoughts and comments but indeed the City Council is the legislative body of the town however Councilor Johnson made a good point about looking at qualified candidates. This might require more discussion. Councilor Letellier moved the question but it was not seconded. Councilor Bitzas again stated it should be kept as is and Councilor Rheault commented that this was a lot of dialogue for nothing. Councilor Letellier agreed with Councilor Bitzas that the resolution should be kept as is and that the Council went through this long process years ago after Kent Service passed away. Councilor Theroux made the Motion to table the item which was seconded by Councilor Bitzas. The voice vote was 11YES, 0 NO tabling the item. 2. TR-2016-27 - A Resolution declaring approximately 2,634 square feet of are of property located at Murphy’s Pub at the Southwest Corner of Mill and Suffield Street available for disposition and sale to Murphy’s Pub (Mayor) (Referred to Community Relations Committee) Motion to approve made by Councilor Bitzas and seconded by Councilor Rossi. As chair of the Community Relations Committee, Councilor Bitzas gave a report stating his committee discussed the item and made the Motion to table the item to get better language. The committee vote was 4 YES, 0 NO, 1 ABSTENTION to table. Councilor Letellier made a Point of Privilege stating why the language needed changing. The way the Law Department wrote it is completely wrong. The resolution can only declare the availability to sell the parcel not actually state who it’s being sold to. The law has to be followed. Motion to table made by Councilor Bitzas and seconded by Councilors Theroux and Cavallo. The vote was 11 YES, 0 NO tabling the item. 3. TR-2016-28 - A Resolution confirming the reappointment of Richard Bennett, 29 Willowbrook Drive, Agawam, MA to the Community Preservation Act Committee to a term expiring April 30, 2019 (City Council) Motion to approve made by Councilor Theroux and seconded by Councilor Cavallo. The vote was 11YES, 0 NO approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. TR-2016-25 - A Resolution adopting the Fiscal Year 2017- 2021 Capital Improvement Program –Public Hearing Date set for June 6, 2016 (Mayor) (Referred to Finance Committee) Motion to table the item until June 6, 2016 made by Councilor Johnson and seconded by Councilor Mineo. The vote was 11YES, 0 NO tabling the item until June 6, 2016. Item J. Old Business 1. TOR-2016-2 - An ordinance to amend the code of the Town of Agawam amending the Agawam Housing Committee (Mayor) (1 of 2 Readings) (Referred to Legislative Committee) (Tabled 4/19/16) Motion to remove the item from the table made by Councilor Theroux and seconded by Councilor Calabrese. The vote was unanimous removing the item from the table. Motion to approve made by Councilor Calabrese and seconded by Councilor Theroux. As Chair of the Legislative Committee, Councilor Theroux provided a report stating his committee discussed and sends a positive recommendation for approve with the amendment to have the Ordinance read the same as the original Ordinance creating the Housing Committee which was previously passed by the City Council. Councilor Johnson made the Motion to Amend Paragraph/Section (4), (5) and (6) by adding at the end, “subject to confirmation by the City Council.” This was seconded by Councilor Rossi. The vote was 11YES, 0 NO approving the first reading as amended. 2. TO-2016-12 - Order granting or renewing a LICENSE for an Automatic Amusement Device(s) for Six Flags New England located at 1623 Main Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Suffriti. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating his committee discussed both item and voted 4-0 to send a positive recommendation for passage to the Full Council. The vote was 11YES, 0 NO approving the item. 3. TO-2016-13 - Order granting or renewing a PERMIT for Weekly Amusement for Six Flags New England located at 1623 Main Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Bitzas. (see Item #2 above for Administrative Committee report) The vote was 11YES, 0 NO approving the item. Item K. New Business 1. TR-2016-29 - A Resolution authorizing the lease of a portion of 1000 Suffield Street to the Massachusetts Emergency Management Agency (Mayor) Next Agenda, referred to Legislative Committee. 2. TR-2016-31 - A Resolution authorizing the reservation and appropriation of funds from the Community Preservation Fund (CPA) Next Agenda, referred to Finance Committee. 3. TR-2016-32 - A Resolution accepting a grant in the amount of $7,500.00 from Executive Office of Public Security and Safety to the City of Agawam Police Department for traffic enforcement (Mayor) Next Agenda, referred to Finance Committee. 4. TO-2016- 14 - Order granting or renewing a PERMIT for Weekly Amusement for Agawam Bowl located at 359 Walnut Street Ext., Agawam, MA. (Clerk) Next Agenda, referred to Administrative Committee. 5. TO-2016-15 - Order granting or renewing a LICENSE for an Automatic Amusement Device(s) for Agawam Bowl located at 359 Walnut Street Ext., Agawam, MA. (Clerk) Next Agenda, referred to Administrative Committee. 6. TO-2016-16 - Budgetary Transfer of $50,000.00 from Fire Permanent (#12201-51010) to Overtime (#12201-51030) for unexpected expenses due to staffing shortages (Mayor) Next Agenda, referred to Finance Committee. Item L. Any other matter that may legally come before the City Council. Councilor Letellier asked when the budget would be received (Barbara Bard stated that we should receive it from the Mayor’s Office on Thursday, May 12th and I will place it on BoardPaq. Councilor Theroux mentioned that his committee will be looking into a Noise Ordinance and changing the use of CPA funds to allow them to be used for the maintenance of CPA projects. Councilor Cavallo applauded the School Committee and Superintendent for allowing the use of Narcan in the schools. Councilor Bitzas drove by the Agawam Motel and noticed there was no activity but that it had been cleaned up which happens prior to it being torn down and congratulations to Rosie Robotics on a job well done at the World Championships. Councilor Suffriti wished a very Happy Mother’s Day to all the moms out there and also asked Administrative Assistant if there would be a report from Engineering on the pole placement (a Memo has been sent). Council President Cichetti also wished a Happy Mother’s Day to all. Item M. Adjournment. The Motion to adjourn was moved and seconded. The time of adjournment was 7:46pm.