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11-09-2016 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated November 9, 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 –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 Brian Halla spoke in favor the Golf Commission’s proposed mower purchase. Item D. Minutes 1. Regular Council Meeting – October 17, 2016 Motion to approve made by Councilor Rheault and seconded by Councilors. Rossi and Cavallo. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2016-60 - A Resolution rescinding the adopting the “Stretch Energy Code” for the City of Agawam (Councilors Rossi and Rheault) Motion to approve made by Councilor Rossi and seconded by Councilor Rheault. Discussion began with Councilor Rossi stating that he believed the original item was taken improperly and did not allow for public input. He stated it is suggested by the State to have a Public Hearing. The signed document also takes effect January of 2017 which in his opinion does not allow for the state required six month waiting period. Councilor Rheault agreed and said the issue is simply to place this back on the Agenda for a Public Hearing allowing for input from residents. Councilor Theroux mentioned that the real issue is the Stretch Code in its entirety and yes, maybe there could have been a Public Hearing and the public should have the opportunity to take a second look – it couldn’t hurt. The vote was 7 YES (Councilors Bitzas, Calabrese, Cavallo, Rheault, Rossi, Suffriti and Theroux), 3 NO (Councilors Johnson, Letellier and Mineo), 0 ABSENT, 1 ABSTENTION (Council President Cichetti) rescinding the previously approved item which adopted the “Stretch Energy Code” for the City of Agawam. 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) (Referred to Ad Hoc Golf and Finance Committees) Motio n to approve made by Councilor Bitzas and seconded by Councilor Cavallo. Councilor Johnson as Chair of the Finance Committee provided the report on behalf of both the Finance and Ad Hoc Golf Committees stating the committees discussed the purchase versus an outright lease of the mower. All agreed that the mower was necessary. The Finance Committee gave a positive recommendation with a 3 Yes, 0 No, 2 Absent and the Ad Hoc Golf Committee also provided a positive recommendation with a vote of 3 Yes, 0 No, and 2 Absent. Councilor Bitzas stated he was in strong support of this item. The golf course is looking good and we must do what we can to keep it that way. Councilor Letellier was glad to see there was money in that account to purchase the mower. The vote was 11 YES, 0 NO approving the item. 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) Motion to approve made by Councilor Rheault and seconded by Councilor Letellier. The vote was 11 YES, 0 NO approving the appointment. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. PH-2016-9 (TR-2016-63) - A Resolution adopting a residential factor of 0.812561 pursuant to Massachusetts General Laws, Chapter 40, Section 56 (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. Council President Cichetti declared the Public Hearing open and asked for a presentation from the Assessor Kevin Baldini made a brief presentation regarding the agenda item. He indicated that the values for single family homes rose slightly over last fiscal year while values for condominiums and commercial/industrial properties remained relatively unchanged. The value of the average single family home rose from $212,400 to $218,100. He further indicated that the Mayor has recommended a 1.55 shift. Councilor Johnson asked the Assessor about the historical data showing the shift going towards the business community. Mr. Baldini stated in FY2000 it was $15.00 residential and $20.77 for commercial and in FY2017 it was $16.31 for residents and $31.12 for commercial. Councilor Letellier stated that the shift differences are quite minimal in the resulting figures. Council President Cichetti asked if anyone else wanted to speak in favor or in favor name only. Council President Cichetti then asked for anyone to speak in opposition. John Weiss who is an executive member of the Chamber spoke stating that since 2014 the commercial rates have steadily increased and does not think it is a fair tax shift. The businesses pay more than their fair share. Robin Wozniak, also an executive members of the West of the River Chamber stated that the businesses are absorbing a lot of additional costs with minimum wage increases and benefits and asked to think about the Agawam businesses when decided on the shift. Council President Cichetti then asked if anyone wanted to speak in name only in opposition. He then closed the Public Hearing. The Finance Committee report is provided by Chair, Councilor Johnson, who reported after hearing a great presentation from Assessor Kevin Baldini, the Motion was made to recommend a 1.50 shift resulting in a residential factor of 0.829601. The committee gave a positive recommendation with a vote of 4 YES (Councilor Calabrese, Johnson, Cichetti (ex-officio) and Mineo (ex-officio), 1 NO (Councilor Cavallo), and 2 ABSENT (Councilors Letellier and Theroux). He also thanked Kevin Baldini for the outstanding work he does every year. His is the best supporting documentation that we receive from any part of the administration and it is very much appreciated. Discussion began with Councilor Johnson saying in the last 15 years the shift has been more towards the small businesses. Small businesses are being crunched in all directions and we cannot have it both ways. Commercial owners have to pass on these increases to the renters who pass it on to residents. We need to be more business friendly. Also please consider that the larger businesses will incur large increases. He recommends shifting less. Councilor Cavallo stated he was the only no vote at the Finance Committee meeting and is more concerned with fixed income residents and that businesses have ways to recup their costs. He supports the Mayor’s recommended shift. Councilor Rossi also supports the Mayor’s proposal stating it is fair and if you shift down as Councilor Johnson suggested then it would create a big increase for residents. Councilor Theroux stated he was extremely business friendly but we need to be a balanced community and our rate is the lowest rate around. If you are a big business like Six Flags, you can pass that on to the consumer but smaller businesses cannot. If you are a fixed income senior, your taxes go up significantly. Councilor Letellier says the numbers aren’t a huge difference and is in favor of a 1.55 or maybe 1.52 but not in favor of 1.50. Councilor Calabrese talked about 1.52 shift being more acceptable and would consider a compromise but would not support 1.55. Councilor Rheault agreed with Councilors Theroux, Rossi and Cavallo and stated the mix in Agawam works but seniors have to choose between putting food on the table and heating their homes. Even a $121.00 increase can break them. In the spirit of compromise, Councilor Johnson made the Motion to adopt 0.819377 (1.53 shift) which was seconded by Councilor Calabrese. Councilor Rossi was not in favor. Councilor Cavallo also stated he was against this proposal and that the seniors cannot pay much more. Councilor Theroux stated that the town decided long ago to have the shift and to be a mixed use community. The vote was 4 YES (Councilors Calabrese, Cichetti, Johnson and Mineo), 7 NO (Councilors Bitzas, Cavallo, Letellier, Rheault, Rossi, Suffriti and Theroux) defeating the amendment. It went back to the original Motion as proposed. The vote was 8 YES (Councilors Bitzas, Cavallo, Letellier, Mineo, Rheault, Rossi Suffriti and Theroux), 3 NO (Councilors Calabrese, Cichetti and Johnson) approving the proposed residential factor of 0.812561. 2. TR-2016-64 - A Resolution adopting the “Stretch Energy Code” for the Town of Agawam (Councilors Rossi and Rheault) – Set Public Hearing Date suggesting December 5, 2016 Public Hearing Date set for December 5, 2016. Item J. Old Business 1. TOR-2016-3 - Ordinance to amend the Code of the Town of Agawam Chapter 49 to increase the salary rate of substitute nurses (Mayor) (2nd and Final Reading) (Referred to Legislative Committee) Motion to approve the second and final reading made by Councilor Rossi and seconded by Councilor Rheault. The vote was 11 YES, 0 NO approving the second and final reading. 2. 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) (2nd and Final Reading) (Referred to Legislative Committee) Motion to approve the second and final reading made by Councilor Rossi and seconded by Councilor Johnson. The vote was 11 YES, 0 NO approving the second and final reading. 3. TOR-2016-5 - An Ordinance amending the City of Agawam’s Code Chapter 96 “Dogs and Other Animals) (Councilors Suffriti, Rheault and Rossi) (1 of 2 Readings) (Referred to Legislative Committee) Motion to approve the first reading made by Councilor Rossi and seconded by Councilor Suffriti. Councilor Theroux provided the report of the Legislative Committee stating there was discussion about updating this ordinance and also spoke with the Animal Control Officer Allison Strong and the committee sent a positive recommendation for approval to the Full Council. The vote was 11 YES, 0 NO approving the first reading 4. TO-2016-37 - An Order granting or renewing Automatic Amusement LICENSE for Polish Club of Agawam, 139 Springfield Street, Feeding Hills, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Cavallo provided the report of the Administrative Committee providing a positive recommendation for the item. The vote was 11 YES, 0 NO approving the item. 5. 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) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Bitzas. As Chair of the Administrative Committee, Councilor Cavallo provided the report of the Administrative Committee providing a positive recommendation for the item. The vote was 11 YES, 0 NO approving the item. 6. TO-2016-39 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Langonet, Inc., 61 Ramah Circle South, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Theroux and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Cavallo provided the report of the Administrative Committee stating there was further information needed and they received that information. The question was about current bond information. Councilor Johnson noted that these bonds are continuous and the surety companies would notify the town if the applicant’s bond lapses however specified that only this particular company seemed to do this. The vote was 11 YES, 0 NO approving the item. 7. 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) (Referred to Administrative Committee) Motion to approve made by Councilor Theroux and seconded by Councilor Letellier. As Chair of the Administrative Committee, Councilor Cavallo provided the report of the Administrative Committee providing a positive recommendation for the item. The vote was 11 YES, 0 NO approving the item. 8. 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) (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 the report of the Administrative Committee providing a positive recommendation for the item. The vote was 11 YES, 0 NO approving the item. 9. 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) (Referred to Administrative Committee) Motion to approve made by Councilor Rheault and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Cavallo provided the report of the Administrative Committee providing a positive recommendation for the item. The vote was 11 YES, 0 NO approving the item. 10. 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) (Referred to Administrative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilors Cavallo and Letellier. As Chair of the Administrative Committee, Councilor Cavallo provided the report of the Administrative Committee providing a positive recommendation for the item. The vote was 11 YES, 0 NO approving the item. 11. 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) (Referred to Administrative Committee) Motion to approve made by Councilor Johnson and seconded by Councilors Calabrese, Rossi and Suffriti. As Chair of the Administrative Committee, Councilor Cavallo provided the report of the Administrative Committee stating that this item was tabled pending further information The vote was 11 YES, 0 NO tabling the item. 12. 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) (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 the report of the Administrative Committee providing a positive recommendation for the item. The vote was 11 YES, 0 NO approving the item. Item K. New Business 1. TO-2016-46 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Auto Kraft, 119 Walnut Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 2. TO-2016-47 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Bear Auto Sales, 517 Springfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 3. TO-2016-48 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Garden Auto Sales, 204 Garden Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 4. TO-2016-49 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Luigi’s Auto Sales, Inc., 371 South Westfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 5. TO-2016-50 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Malkoon Motor Sales, Inc., 825 Springfield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 6. TO-2016-51 - An Order granting or renewing a Class 2 Dealer’s LICENSE for RNK Auto Sales, 28 Moylan Lane, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 7. TO-2016-52 - An Order granting or renewing Automatic Amusement LICENSE for The Buc, Inc., 84-86 Maple Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 8. TO-2016-53 - An Order granting or renewing a PERMIT for Weekly Amusement for The Buc, Inc., 84-86 Maple Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 9. TO-2016-54 - An Order granting or renewing Automatic Amusement LICENSE for Ray-Mor Inc. d/b/a Elbow Lounge, 386 Walnut Street Ext., Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 10. TO-2016-55 - An Order granting or renewing Automatic Amusement LICENSE for Ferrentino’s Inc. d/b/a Ferrentino’s Pizzeria & Pub, 1676 Main Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 11. TO-2016-56 - An Order granting or renewing Automatic Amusement LICENSE for Scoreboard Bar & Restaurant, 15 King Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 12. TO-2016-57 - An Order granting or renewing a PERMIT for Weekly Amusement for Scoreboard Bar & Restaurant, 15 King Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 13. TO-2016-58 - An Order granting or renewing Automatic Amusement LICENSE for The Main Street Still, Inc. d/b/a The Still, 858 Suffield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 14. TO-2016-59 - An Order granting or renewing a PERMIT for Weekly Amusement for The Main Street Still, Inc. d/b/a The Still, 858 Suffield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 15. TO-2016-60 - An Order granting or renewing Automatic Amusement LICENSE for West Springfield Fish & Game Club, Inc., 329 Garden Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 16. TO-2016-61 - An Order granting or renewing a PERMIT for Weekly Amusement for West Springfield Fish & Game Club, Inc., 329 Garden Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 17. TO-2016-62 - An Order granting or renewing a Class 2 Dealer’s LICENSE for LaFleur Auto Exchange, 374 Main Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 18. TO-2016-63 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Rayonia Motors, LLC d/b/a Elmwood D&J Auto Sales, 521 River Road, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 19. TO-2016-64 - An Order Amending Automatic Amusement LICENSE for FSF, Inc. d/b/a Riverboat Bar & Grill, 11 South End Bridge Circle, Agawam, MA (Clerk) (for the remainder of 2016) (Clerk) Referred to Administrative Committee, next Agenda. 20. TO-2016-65 - An Order granting or renewing Automatic Amusement LICENSE for FSF, Inc. d/b/a Riverboat Bar & Grill, 11 South End Bridge Circle, Agawam, MA. (for the period commencing on January 1, 2017 and expiring on December 31, 2017) (Clerk) Referred to Administrative Committee, next Agenda. 21. TO-2016-66 - An Order granting or renewing a PERMIT for Weekly Amusement for FSF, Inc. d/b/a Riverboat Bar & Grill, 11 South End Bridge Circle, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 22. TO-2016-67 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Auto Point Motors, Inc., 1039 Springfield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 23. TO-2016-68 - An Order granting or renewing a Class 1 Dealer’s LICENSE for Sarat Ford Sales, Inc., 221 Springfield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 24. TO-2016-69 - An Order granting or renewing a Class 1 Dealer’s LICENSE for Sarat Ford Sales, Inc., 243-249 Springfield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 25. TO-2016-70 - An Order granting or renewing a Class 1 Dealer’s LICENSE for Sarat Ford Sales, Inc., 2250 Springfield Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 26. TO-2016-71 - Order granting a LICENSE for gasoline/propane storage tanks located at 702 South Westfield Street, Feeding Hills, MA. (Clerk) – Suggest a Public Hearing Date of December 5, 2016 Referred to Administrative Committee, Public Hearing set for December 5, 2016. 28. TO-2016-72 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Balfour Motors, 1801 Main Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 29. TO-2016-73 - An order appropriating $307,638.00 for the Removal and Replacement of Underground Storage Tanks. (Mayor) Referred to Finance Committee, next Agenda. 30. TO-2016-74 - An order authorizing the borrowing and appropriating in the amount of $836,000.00 for the Purchase of Recycling Carts and Garbage Carts (“Toters”) for the Recycling and Trash Collection and Disposal Program. (Mayor) Referred to Finance Committee, next Agenda. 31. Petition certified by City Clerk on October 24, 2016 as submitted by William Clark on October 4, 2016 and October 19, 2016 – Determination of Public Hearing Date Referred to Legislative Committee, Public Hearing set for December 5, 2016 32. TR-2016-65 - A Resolution accepting a grant in the amount of $1,500.00 from Massachusetts Department of Environmental Protection(Hereinafter “MassDEP”) in support of the Massachusetts Solid Waste Master Plan for Recycling Purposes. (Mayor) Referred to Finance Committee, next Agenda. 33. TR-2016-66 - A Resolution confirming the appointment of Daniel J. Michael, 84 Pineview Circle, Agawam to the Agawam Municipal Golf Commission for a term expiring on December 31, 2019. (Mayor) Next Agenda. 34. TR-2016-67 - A Resolution accepting a reimbursement grant in the amount of $96,195.00 from the Massachusetts Department of Environmental Protection to initiate a Waste Reduction Program in the City of Agawam. (Mayor) Referred to Finance Committee, next Agenda. 35. TR-2016-68 - A Resolution confirming the reappointment of Kenneth Largay, 187 Edgewater Road, Agawam to the Agawam Liquor Commission to a term expiring the first Monday in June 2019. (Mayor) Next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Letellier thanked the veterans we honor on Veterans’ Day and also requested that Council President consider consolidating the licenses. Councilor asked about any grand opening for the athletic facility. Councilor Bitzas wanted all to remember the veterans. Councilor Suffriti thanked veterans and asked if there was any movement on the Games & Lanes stating we need to make it safe. Council President Cichetti noted that the recent OML training was on Boardpaq in the library section and asked for a memo to be sent regarding the estimated completion date of the athletic facility and a potential date of grand opening. He mentioned that bleachers and handicapped ramp was incomplete. Item M. Adjournment. The Motion to adjourn was moved and seconded. Meeting was adjourned at 8:27P.M.