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05-16-2016 REGULAR COUNCIL MEETING 1 REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated May 16, 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 – 8 PRESENT, 3 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, Council President James Cichetti, Christopher Johnson, Council Vice President Joseph Mineo, Robert Rossi and Anthony Suffriti. Councilors Rheault and Theroux were absent. With eight present, there was a quorum. Note: Councilor Letellier arrived at 7:25pm. 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 Linda Galarneau spoke about TR-2016-26 and Corinne Wingard spoke about TOR-2016-2. Item D. Minutes 1. Regular Council Meeting – May 2, 2016 Motion to approve made by Councilor Cavallo and seconded by Councilor Mineo. Voice vote was unanimous. The vote was 8 YES, 0 NO, 3 ABSENT (Councilors Letellier, Rheault and Theroux) approving the minutes. Item E. Declaration from Council President None. 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) (Tabled 5/2/16) Motion to remove from the table made by Councilor Cavallo and seconded by Councilor Bitzas. The vote was 7 YES (Councilors Bitzas, Calabrese, Cavallo, Cichetti, Johnson, Rossi and Suffriti), 1 NO (Councilor Mineo), 3 ABSENT (Councilors Letellier, Rheault and Theroux) removing the item off the table. Motion to approve made by Councilor Cavallo and seconded by Councilor Calabrese. Councilor Bitzas agreed with Linda Galarneau’s comments during Speak Time. He made a Motion to amend but there was no second. Councilor Cavallo said the process is very democratic and the next vote getter should fill the vacancy. Councilor Rossi stated he wanted to give the School Committee the opportunity to weigh in. They should be able to review the applications themselves and conduct interviews if necessary and pick the person themselves. The seventh person isn’t mandated but they would also be able to take other interested parties into consideration. The City Council should not force the School Committee on 2 how they should proceed and the legislation should be something they could live with. Councilor Johnson agrees with Councilor Rossi and we should respect the School Committee’s wishes. Historically, there are very few vacancies and the current form of government is very different from when the existing rules were made. He agrees that the seventh person should be a consideration but not mandated. In all actuality, the seventh person actually lost – the people did not pick him/her to win – that’s why he/she came in seventh. Councilor Mineo agreed with Councilors Rossi and Johnson but feels the School Committee should decide. Personally, he believes it should be the seventh person but the City Council should respect the School Committee’s wishes. Councilor Calabrese also wants to respect the School Committee’s wishes. Councilor Bitzas strongly disagreed and said the School Committee has no right to draft legislation. Who are we to tell the seventh person they cannot fill the position? Who are we to judge? If it works for the City Council then it should work for the School Committee. Councilor Rossi mentioned that while Councilor Bitzas is entitled to his opinion he should accuse him of dictating anything and emphasized that he is just respecting the wishes of the School Committee. Councilor Mineo understands what Councilor Bitzas is saying and suggested tabling this item. Point of Order made by Councilor Johnson about waiting to see if School Committee passed their proposed resolution Motion to table made by Councilor Mineo and seconded by Councilor Bitzas. The vote was 8 YES, 1 NO (Councilor Johnson), 2 ABSENT (Councilors Rheault and Theroux) 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) (Tabled 5/2/16) Motion to remove the item from the table made by Councilor Bitzas and seconded by Councilor Cavallo. The vote was 8 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux), 1 ABSTENTION (Councilor Rossi) taking the item off the table. Councilor Johnson made a Point of Information was the item was tabled until it was redrafted by the Law Department. He does not approve of the redraft received. Councilor Letellier made the Motion to re-table the item which was seconded by Councilor Mineo. The vote was 8 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux), 1 ABSTENTION (Councilor Rossi) placing the item back on the table. 3. TR-2016-29 - A Resolution authorizing the lease of a portion of 1000 Suffield Street to the Massachusetts Emergency Management Agency (Mayor) (Referred to Legislative Committee) Motion to approve made by Councilors Letellier and Bitzas and seconded by Councilor Johnson. Voice vote approved. Councilor Suffriti as Vice Chair of the Legislative Committee provided a report stating this was a simple ten year lease. His committee discussed it with MEMA Manager Canavalli and Chet Nicora, Director of Emergency Management. The committee gave a positive recommendation to the Full Council with a vote of 3 YES, 0 NO, 2 ABSENT. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux) approving the item. 4. TR-2016-31 - A Resolution authorizing the reservation and appropriation of funds from the Community Preservation Fund (CPA) (Referred to Finance Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Bitzas. As Chair of the Finance Committee, Councilor Johnson provided the committee report for all three items referred to the Committee. The Finance Committee voted to send a positive recommendation to the Full Council for all three items. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux) approving the item. 3 5. 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) (Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Cavallo. Councilor Johnson previously provided the Finance Committee report stating that the committee sent a positive recommendation for approval to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux) 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) This item is tabled until the public hearing on 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 approve the resolution as amended made by Councilor Calabrese and seconded by Councilor Johnson. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux) approving the second and final reading as amended. 2. TO-2016- 14 - Order granting or renewing a PERMIT for Weekly Amusement for Agawam Bowl located at 359 Walnut Street Ext., Agawam, MA. (Clerk) Motion to approve made by Councilor Bitzas and seconded by Councilor Cavallo. As Vice Chair of the Administrative Committee, Councilor Suffriti provided a report stating that after a brief discussion, the committee sent a positive recommendation to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux) approving the item. 3. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Cavallo. As Vice Chair of the Administrative Committee, Councilor Suffriti provided a report stating that after a brief discussion, the committee sent a positive recommendation to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux) approving the item. 4 4. 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) (Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Cavallo. As Chair of the Finance Committee, Councilor Johnson previously provided a report with a positive recommendation to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Rheault and Theroux) approving the item. Item K. New Business 1. TR-2016-33 - A Resolution adopting the Fiscal Year 2017 Annual Operating Budget for the Town of Agawam – Suggest Public Hearing Date of June 20, 2016) (Mayor) Next Agenda. There will be two department Head presentations – one immediately after the June 6th meeting and the other on June 13th at 7:00PM. 2. TR-2016-34 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation funds for the preservation, rehabilitation and restoration of historic resources, the School Street Barn (CPA) Next Agenda, referred to Finance Committee. 3. TR-2016-35 - A Resolution to authorize the use of voting machines pursuant to M.G.L. Chapter 54 § 34 (Mayor and Councilor Theroux) Next Agenda, referred to Finance Committee. 4. TO-2016-17 - Order granting or renewing a PERMIT for Weekly Amusement for Chez Josef, 176 Shoemaker Lane, Agawam, MA (Clerk) Next Agenda, referred to Administrative Committee. 5. TO-2016-18 - Order granting or renewing a PERMIT for Weekly Amusement for K&P Welker, LLC d/b/a Club One, 60 North Westfield Street, Feeding Hills, MA. (Clerk) Next Agenda, referred to Administrative Committee. 6. TO-2016-19 - Budgetary Transfer of $50,000.00 from Police Permanent Salary (#12101- 51010) to Police Overtime Salary (#12101-51030) (Mayor) Next Agenda, referred to Finance Committee. Item L. Any other matter that may legally come before the City Council. Councilor Letellier requested no meeting prior to 7:00pm as it is difficult for her as well as for Councilor Calabrese. Councilor Letellier also wished everyone good luck in the Relay for Life. Councilor Calabrese asked if there would be any improvements on South West Street from Barry Street to the CT line and asked for a Memo to the Mayor. Council President reminded everyone about the Memorial Day parade and also to get any budget questions to Barbara as Laurel Placzek will not be at our June 6th meeting. Item M. Adjournment. The Motion to adjourn was moved and seconded. The time of adjournment was 7:43pm.