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10-17-2016 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated October 17, 2016 Meeting was called to order by Council President Cichetti at 7:00pm in the Auditorium of the Roberta G. Doering School, 68 Main Street, Agawam. Item A. Roll Call ROLL CALL – 9 PRESENT, 2 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, Donald Rheault, Robert Rossi and Anthony Suffriti. Councilors Letellier and Theroux were marked absent however Councilor Letellier arrived a little late. With nine present (and eventually ten), 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 James Crosby spoke in support of the golf course and recommended moving the golf course from the enterprise fund to the general fund. He said that is archaic and old-fashioned. He passionately supported both Tony Roberto and Dan Shay and commended them for all that they do. He also spoke in support of purchasing the mower that is on the agenda. Item D. Minutes 1. Regular Council Meeting – October 3, 2016 Motion to approve made by Councilor Rheault and seconded by Councilor Rossi. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2016-59 - A Resolution accepting a grant in the amount of $1,500.00 pursuant to M.G.L. c.44, §53A from the Commonwealth of Massachusetts Secretary of State’s Office to the Town of Agawam (Mayor) Motion to approve made by Councilor Calabrese and seconded by Councilor Johnson. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. PH-2016-7 (ZC-2016-4 ) - Petition for Zone Change by Cloverleaf Realty Group, Inc. for property between Parcel I9-2-27 and Parcel I9-2-28 located at 0 Suffield Street and 83 Mill Street from Agricultural to Business A in the entirety (Referred to Legislative Committee) Motion to approve made by Councilor Letellier and seconded by Councilor Rheault. Council President Cichetti declared the Public Hearing open. John Mason spoke on behalf of the Petitioner as well as R. Levesque. This item apparently fell through the cracks and therefore was not included in the recently approved zone change for the other piece as requested by the Petitioner and would clean up the site making it all one zone. The Planning Board recommended this as well. Councilor Cavallo asked what had been done with the proposed plantings etc. to appease the abutters who had complained at the last Public Hearing and Mr. Mason stated that additional fencing and 5’- 6’ arborvitaes would be in place. There were no other speakers in support of the item or in name only and no one speaking in opposition. Council President Cichetti declared the Public Hearing closed. Councilor Suffiriti as Vice Chair of the Legislative Committee gave the committee report stating that his committee gave a positive recommendation by a vote of 4 YES, 0 No, 1 ABSENT (Councilor Bitzas). The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the zone change. Item J. Old Business 1. TO-2016-31 - An Order granting or renewing a PERMIT for Weekly Amusement for N. Liquori, Inc. d/b/a The Back Room (formerly known as Home Plate Sports Bar LLC), 827 Springfield Street, Feeding Hills, MA. (for the remainder of 2016) (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Johnson. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the committee gave a positive recommendation for approval to the Full Council with a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 2. TO-2016-32 - An Order granting or renewing a PERMIT for Weekly Amusement for N. Liquori, Inc. d/b/a The Back Room, 827 Springfield Street, Feeding Hills, MA. (for the period commencing on January 1, 2017 and expiring on December 31, 2017) (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Rossi. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the committee gave a positive recommendation for approval to the Full Council with a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 3. TO-2016-33 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Euro Imports, 325 Main Street, Agawam, MA (Clerk)(Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Rheault. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the committee gave a positive recommendation for approval to the Full Council with a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 4. TO-2016-34 - An Order granting or renewing a PERMIT for Weekly Amusement for Kaptain Jimmy’s Restaurant & Distillery, 916 Suffield Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Johnson. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the committee gave a positive recommendation for approval to the Full Council with a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 5. TO-2016-35 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Falcor Auto Sales, Inc., 373 Springfield Street, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Letellier. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the committee gave a positive recommendation for approval to the Full Council with a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 6. TO-2016-36 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Parrotta’s Auto Service, Inc., 357 Main Street, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rheault and seconded by Councilor Rossi. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the committee gave a positive recommendation for approval to the Full Council with a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 7. TOR-2016-3 - Ordinance to amend the Code of the Town of Agawam Chapter 49 to increase the salary rate of substitute nurses (Mayor) (1 of 2 readings) (Referred to Legislative Committee) Motion to approve made by Councilor Rheault and seconded by Councilor Cavallo. Council President Cichetti noted that it was the first of two readings. As Vice Chair of the Legislative Committee, Councilor Suffriti provided a report. There was a short discussion on how the substitute nurses’ wages are way below the average. Approval of this item would bring the hourly wage up to $31.76 to keep it within a competitive wage. The committee gave a 4 YES, 0 No, 1 ABSENT (Councilor Bitzas) positive recommendation to the Full Council. Councilor Rossi asked if this had been ratified by the union to which Councilor Johnson stated it was not subject to ratification but was just agreed upon and Councilor Letellier noted that that information was stated in the resolution and attached letter. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the first reading. 8. TOR-2016-4 - Ordinance to amend the Code of the Town of Agawam Section 103-7 Department Permit Enforcement Fee for Combustible Waste, Refuse and Rubbish Containers > 6 cubic yards (Mayor) (1 of 2 readings) (Referred to Legislative Committee) Motion to approve made by Councilor Rheault and seconded by Councilor Cavallo. Council President Cichetti noted that it was the first of two readings. As Vice Chair of the Legislative Committee, Councilor Suffriti provided a report stating that the Fire Chief was in attendance and explained that this item was to bring our ordinance in compliance with the State Code and charge the correct fee. The committee gave a 4 YES, 0 No, 1 ABSENT (Councilor Bitzas) positive recommendation to the Full Council. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the first reading. Council President Cichetti thanked Chief Sirois for attending both meetings and for his input. Item K. New Business 1. TR-2016-60 - A Resolution rescinding the adopting the “Stretch Energy Code” for the City of Agawam (Councilors Rossi and Rheault) Next Agenda. 2. TR-2016-61 - A Resolution appropriating funds ($35,548.91) for the purchase of a mower for the City of Agawam Municipal Golf Course (Mayor) Next Agenda, referred to both the Ad Hoc Golf Committee and the Finance Committee. 3. TR-2016-62 - A Resolution confirming the appointment of Lori Stickles, 85 Anvil Street, Feeding Hills, MA to the Agawam Housing Authority for an unexpired term expiring the second Monday in January, 2017 (Mayor) Next Agenda. 4. TR-2016-63 - A Resolution adopting a residential factor of 0.812561 pursuant to Massachusetts General Laws, Chapter 40, Section 56 (Mayor) – Set Public Hearing Date suggesting November 9, 2016 Next Agenda, referred to the Finance Committee and setting the Public Hearing Date for November 9th. 5. TR-2016-64 - A Resolution adopting the “Stretch Energy Code” for the Town of Agawam (Councilors Rossi and Rheault) – Set Public Hearing Date suggesting November 21, 2016 Next Agenda. Council President asked for the Council’s pleasure on what date they wanted this Public Hearing scheduled for.Councilor Letellier had a Point of Information and asked why would we waste the money to advertise this Public Hearing when the Council has already spoken and passed the Stretch Code. Councilor Rossi stated it was not done properly and should have had a Public Hearing prior to voting. Councilor Letellier and Councilor Johnson stated that it was not a requirement of the state to have a Public Hearing just a recommendation. She feels it is not smart to spend the money on advertising when the rescinding resolution may not even pass. Councilor Bitzas agreed and said wait to see if it gets rescinded before setting the Public Hearing date. Council President noted that in the Agenda Review meeting, the Mayor mentioned that the town would miss being in the running for grant money if we don’t do this in a quicker manner. Councilor Johnson sees the logic of having the people’s opinions in a Public Hearing setting and said setting it for November 9th made sense. If the rescinding resolution did not pass then nothing would change and it would probably be best to have all the I’s dotted and T’s crossed. Councilor Rossi again emphasized the purpose of the Public Hearing and allowing people to weigh in. Councilor Letellier reiterated that a suggestion or requirement are two different things and believes we followed the proper procedure and are not required to have a Public Hearing. It was decided that the Public Hearing date will be set for December 5th and if the rescinding resolution does not pass, then there would be no Public Hearing date set. 6. TOR-2016-5 - An Ordinance amending the City of Agawam’s Code Chapter 96 “Dogs and Other Animals) (Councilors Suffriti, Rheault and Rossi) – Two Readings Required Next Agenda, referred to Legislative Committee. 7. TO-2016-37 - An Order granting or renewing Automatic Amusement LICENSE for Polish Club of Agawam, 139 Springfield Street, Feeding Hills, MA (Clerk) Next Agenda, referred to Administrative Committee. 8. TO-2016-38 - An Order granting or renewing a PERMIT for Weekly Amusement for Polish Club of Agawam, 139 Springfield Street, Feeding Hills, MA (Clerk) Next Agenda, referred to Administrative Committee. 9. TO-2016-39 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Langonet, Inc., 61 Ramah Circle South, Agawam, MA (Clerk) Next Agenda, referred to Administrative Committee. 10. TO-2016-40 - An Order granting or renewing a Class 2 Dealer’s LICENSE for A-C-E Auto Body/Sales, 1363 Main Street, Agawam, MA (Clerk) Next Agenda, referred to Administrative Committee. 11. TO-2016-41 - An Order granting or renewing a Class 1 Dealer’s LICENSE for G&T Beaver, Inc. d/b/a Beaver Camper, 721 Springfield Street, Feeding Hills, MA (Clerk) Next Agenda, referred to Administrative Committee. 12. TO-2016-42 - 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) Next Agenda, referred to Administrative Committee. 13. TO-2016-43 - 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) Next Agenda, referred to Administrative Committee. 14. TO-2016-44 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Joseph J. Polys d/b/a Joe’s Truck Repair, 97 Ramah Circle South, Agawam, MA (Clerk) Next Agenda, referred to Administrative Committee. 15. TO-2016-45 - An Order granting or renewing a Class 2 Dealer’s LICENSE for V&F Auto, Inc., 7 Harding Street, Agawam, MA (Clerk) Next Agenda, referred to Administrative Committee. Item L. Any other matter that may legally come before the City Council. Councilor Letellier reminded everyone to get out there to vote on WEDNESDAY, NOV 9th and that it is Boy Scout popcorn time. Councilor Calabrese noted that the Rosie Robotics Ziti Dinner is Friday, November 4th. Councilor Cavallo commended Rosemary Stratton and the Hall of Fame committee for putting on a great evening as well as the Harvest Festival Committee/AFD Open House. It was a fun-filled weekend in Agawam. Councilor Bitzas also congratulated the Hall of Fame recipients. Councilor Johnson asked the Chairs of the Ad Hoc Golf and Administrative Committees if they would like to have their meetings all on one evening and to check with Barbara. Item M. Adjournment. The Motion to adjourn was moved and seconded. Meeting was adjourned at 7:51PM.