Loading...
12-05-2016 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated December 5, 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 Henry Kozloski provided a handout of an updated CPA Committee report showing every project and cost that CPA has done in the Town of Agawam. William Clark spoke about the item on Agenda about pay raise for Mayor and how that would not invest in the town’s roads. Mayor never increases road fund. Item D. Minutes 1. Regular Council Meeting – November 21, 2016 Motion to approve made by Councilor Rheault and seconded by Councilor Letellier. Voice vote approved noting Councilor Rossi’s abstention. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances None. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. PH-2016-9 (TR-2016-64) - A Resolution adopting the “Stretch Energy Code” for the Town of Agawam (Councilors Rossi and Rheault) Motion to approve made by Councilor Johnson and seconded by Councilor Letellier. Jim Barry gave a presentation on the Stretch Code and gave more information regarding the options for renewable and energy efficient projects in town which would save Agawam money. He also noted many misconceptions with regard to the Stretch Code. He also noted that the Stretch Code technically is no longer “a stretch” and that the base Building Code to be implemented in 2017 is very close to the Stretch Code. Councilor Rossi began discussion asking exactly how much of a stretch is it and why would we really want to do this. Mr. Barry reiterated that the new Building Code in 2017 is very close to the Stretch Code. Bob asked if we already have 40 of the 5 criteria, what about the 5th stating that Agawam does not have as of right zoning. Mr. Barry suggested that Agawam does and with the passage of the Stretch Code all five of the criteria prerequisites will have been met. Mr. Barry also stated that someone in the town submitted a 5-year plan for Agawam to reduce their consumption by 20%. Brad Campbell of the Home Builders & Remodelers Association attended at the request of the Mayor who is anxious to get this passed. He agreed that back in 2010 the Stretch Code was more than a stretch however now it really isn’t much of a stretch because technology is so much more efficient today. Home Builders Association doesn’t necessarily support it but we accept it and believe it is in the best interest as a community to adopt this. Councilor Theroux asked if a consumer purchasing a certified home would be in a better position now than before and said if the home is built to code it makes sense to certify that home. Mr. Campbell noted that it was “experts” that developed the code years ago that required placing plastic in sheetrock and that didn’t work out. Most new technologies are fairly well thought out these days. Consumers get a better product and Massachusetts is ranked number 1 in the union for energy efficiency. Councilor Theroux mentioned that it was an opportunity for the town to save money in the town buildings. Councilor Rossi asked about the constant running of fans as required by the new Stretch Code and many have said they are annoying. How easy are these to dismantle and what would happen if that was done? Mr. Campbell said he wasn’t an electrician however if not repaired there would be toxic gases not being removed. Those fan have to run 24/7. A concern is that when a certified home is sold that not only do you have to transfer your deed you also have to learn how to operate the home. Councilor Letellier asked if Mr. Campbell was in favor which he said he was not opposed and that it is very similar to the code in 2017. Jay Berger also spoke in favor. Mark Newey spoke in favor. He is a certified HERS rater. Corinne Wingard also spoke in favor. Andy Crane also of the Home Builders Remodelers Association spoke in favor. He said he would have fought against this ten years ago but at this point, the codes are so similar it just make better business sense for your town to have this. No one spoke in favor name only or in opposition. The Building Inspector Erik Wight spoke NEUTRALLY. He agrees with a few things about the Stretch Code. He related it to not wanting the transponders when they first came out and now they’re a good thing. He things the town would probably be crazy not to take advantage of the money available. It could always be rescinded if it caused problems down the road. From a department head point of view, he is very concerned as he does not have the staff noting he and his department are “stretched”. He also mentioned that originally the Building Code was meant to be a life safety code and now it has become an energy efficiency code. No one else spoke. Council President Cichetti closed the Public Hearing. Discussion began with Councilor Rossi still saying he’s not buying it. In his opinion, the “as of right siting” for renewable energy was not adopted and this is very concerning to him as well as the need to come up with a five year plan. He could not support it until he saw the whole package of criteria. Councilor Bitzas respectfully disagreed and said we should listen to the experts. Councilor Johnson stated that this was not about Green Communities as Councilor Rossi said. It is the Stretch Code which we adopted and then rescinded to have this Public Hearing which was not required – merely a suggestion. In his opinion, it is an utter ‘no-brainer’. By not adopting, we are giving up hundreds of taxpayer dollars and incidentally not one person spoke against it! Councilor Cavallo made a motion to adopt. Councilor Letellier noted to Councilor Cavallo that the motion has already been made and seconded and intended to speak at this point. She thinks it’s best to pass it and go for the grant money. Mr. Barry stated all of the criteria has been passed, why would we not do this? Councilor Mineo mentioned he was and is still in favor of this. Councilor Bitzas moved the question which was seconded by Councilor Cavallo. The vote was 8 YES (Councilors Bitzas, Calabrese, Cavallo, Johnson, Letellier, Mineo, Suffriti and Theroux), 2 NO (Councilors Rheault and Rossi), 1 ABSTENTION (Council President Cichetti) approving the item. 2. TO-2016-71 - Order granting a LICENSE for gasoline/propane storage tanks located at 702 South Westfield Street, Feeding Hills, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Johnson. Council President Cichetti opened the Public Hearing. Robbie Dineen of Soldier On made the presentation. There were no questions for him. Corinne Wingard spoke in favor and no one else spoke in favor or in opposition. Council President Cichetti declared the Public Hearing closed. Councilor Cavallo as Chair of the Administrative Committee provided a report stating that his committee sent a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the license. 3. Petition certified by City Clerk on October 24, 2016 as submitted by William Clark on October 4, 2016 and October 19, 2016 (Referred to Legislative Committee) – Public Hearing set for December 19, 2016 This Public Hearing is set for December 19th. Item J. Old Business 1. 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) Motion to remove the item from the table made by Councilor Johnson and seconded by Councilor Letellier. Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the item was given a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the license. 2. 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) Motion to remove the item from the table made by Councilor Johnson and seconded by Councilor Theroux. Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the item was given a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the license. 3. 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) Motion to remove the item from the table made by Councilor Johnson and seconded by Councilor Letellier. Motion to approve made by Councilor Suffriti and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the item was given a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the license. 4. 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) Motion to remove the item from the table made by Councilor Johnson and seconded by Councilor Letellier. Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the item was given a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the license. 5. TO-2016-75 - An Order granting or renewing a PERMIT for Weekly Amusement for Crestview Country Club, 281 Shoemaker Lane, 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 a report stating that the item was given a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the item. 6. TO-2016-76 - An Order granting or renewing a PERMIT for Weekly Amusement for 342, Inc. d/b/a Murphy’s Pub, 664 Suffield Street, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the item was given a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the item. 7. TO-2016-77 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Chris Auto South, 207 Main Street, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to table made by Councilor Johnson and seconded by Councilors Suffriti and Rheault. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that due to bonding issues, it was recommended to table the item. The vote was 11 YES, 0 NO tabling the item. 8. TO-2016-78 - An Order granting or renewing a Class 2 Dealer’s LICENSE for Elias Auto, 1123, Suffield Street, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to table made by Councilor Johnson and seconded by Councilors Suffriti and Rheault. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that due to bonding issues, it was recommended to table the item. The vote was 11 YES, 0 NO tabling the item. 9. TO-2016-79 - An Order appropriating funds from Wastewater Retained Earnings Account to the General Fund (Mayor) Motion to table made by Councilor Johnson and seconded by Councilors Suffriti and Calabrese. Councilor Johnson as Chair of the Finance Committee provided the report stating there was a brief discussion regarding the uncertainty of what the Administration is seeking to accomplish by the agenda item. There was no supporting information provided with the agenda item. The committee is not certain if the Administration seeks only to reimburse the General Fund for previously transferred funds to complete the Main Street emergency wastewater repairs or if the Administration seeks in addition to have the previously transferred funds restored to the Reserve Fund line item in the FY17 annual operating budget. Based on the uncertainty, a motion was made by the committee to table the item to seek clarification. The vote was 11 YES, 0 NO tabling the item. 10. TO-2016-80 - An Order granting or renewing a PERMIT for Weekly Amusement for Agawam Bowl, LLC, 359-363 Walnut Street Ext., Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the item was given a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the item. 11. TO-2016-81 - An Order granting or renewing Automatic Amusement LICENSE for Agawam Bowl, LLC, 359-363 Walnut Street Ext., Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Administrative Committee, Councilor Cavallo provided a report stating that the item was given a positive recommendation for passage to the Full Council. The vote was 11 YES, 0 NO approving the item. Item K. New Business 1. TOR-2016-6 - An Ordinance to amend Section 49-7(A)(2) of the Code of the Town of Agawam to increase the salary of the Mayor (Councilor Christopher Johnson) Referred to Legislative Committee, next Agenda. 2. TOR-2016-7 - An Ordinance to amend Section 49-7(B)(4) of the Code of the Town of Agawam to increase the salary for School Committee members (Councilor Christopher Johnson) Referred to Legislative Committee, next Agenda. 3. TR-2016-69 - A Resolution to Appropriate Funds for the Agawam Police Supervisors Association , Agawam Clerical Employee’s Association, Agawam Department of Public Works Employee’s Association, Agawam Police Patrolman’s Association, Agawam Building Maintenance Association, Agawam Administrative Association, AFL-CIO, Local 1973, Firefighters Association. (Mayor) Referred to Finance Committee, next Agenda. 4. TR-2016-70 - A Resolution to appropriate $4,185.00 from the Agawam Municipal Golf Course Retained Earnings account to fund the Agawam Municipal Golf Course Regular and Permanent and Golf Overtime Accounts. (Mayor) Referred to Finance Committee, next Agenda. 5. TR-2016-71 - A Resolution to appropriate $7,394.00 from the Agawam Wastewater Department’s Retained Earnings account to fund the Wastewater Department Regular Permanent, Regular Temporary and Wastewater Overtime accounts. (Mayor) Referred to Finance Committee, next Agenda. 6. TR-2016-72 - A Resolution to appropriate $14,592.00 from the Agawam Water Department’s Retained Earnings account to fund the Water Department Regular Permanent, Regular Temporary and Water Overtime accounts. (Mayor) Referred to Finance Committee, next Agenda. 7. TR-2016-75 - A Resolution to appropriate $77,303.00 from the General, Unreserved, Undesignated Fund Balance (Free Cash) to the Salary Reserve Fund for Agawam Police Supervisor’s Association, Agawam Clerical Employee’s Association, Agawam Department of Public Works Employee’s Association, Agawam Patrolman’s Association, Agawam Building Maintenance Association, Agawam Administrative Union, AFL-CIO, Local 1973, Firefighters Association. (Mayor) Referred to Finance Committee, next Agenda. 8. TR-2016-76 - A Resolution confirming the appointment of Vincenzo Ronghi, 55 Avalon Place, Feeding Hills, MA to the Community Preservation Act Committee to an unexpired term expiring April 30, 2018 (Council) Next Agenda. 9. TO-2016-82 - An 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. 01030 (Clerk) Referred to Administrative Committee, next Agenda. 10. TO-2016-83 - Budgetary Transfer of $397,303.00 from Salary Reserve Fund #16605-57350 to (Mayor) as follows:  Referred to Finance Committee, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Letellier asked about back up for TOR-2016-6 for 2016 as well. Councilor Calabrese stated she would be sending a memo to the law department through Council Administrative Assistant. Councilor Rheault asked if there was any policy or restrictions regarding the new track facility to protect it from damage. He requested a memo be sent from Council President. Councilor Cavallo talked about Administrative Committee reviewing licenses and permits procedures. Councilor Bitzas commented on the flags he put up around the dais and the freedom of speech. We must stand behind the flag and respect it. Councilor Suffriti mentioned again that Games & Lanes could take some time. He thanked Mr. Peters for coming to the workshop and for his information however Councilor Suffriti went online and looked at the related plan Mr. Peter’s mentioned and it says he has up to five years to implement that plan! We cannot wait any longer. Why can’t whatever plan he intends be implemented now with securing the barrier and lock it up? Councilor Johnson asked since he had a number of items referred to his committee, could we plan for Monday or Tuesday next week and could piggy back with Legislative Committee. Councilor Rossi added that since Councilor Cavallo didn’t mention it, he wanted a memo sent from Council President regarding the numerous tractor trailer trucks parking on Main Street by Main Street Grille and the old Pride Station. Something needs to be done about them. Item M. Adjournment. The Motion to adjourn was moved by Councilor Bitzas and seconded by Councilor Letellier. Meeting was adjourned.