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11-08-17 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated November 8, 2017 Meeting was called to order by Council President Cichetti at 7:00pm in the Auditorium at the Roberta G. Doering School, 68 Main Street, Agawam. Item A. Roll Call ROLL CALL – 10 PRESENT, 1 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, Council President James Cichetti, Christopher Johnson, Gina Letellier, Donald Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. With ten present, there was a quorum. Council Vice President Joseph Mineo arrived later in the meeting. 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 The following citizens spoke: Rich Joseph – spoke in favor of solar power and updated the Council on recent world events noting that Agawam is not alone – there is a lot going on. He stated “We live on a small planet, let’s take care of it.” Leslie Joseph – also spoke in favor of solar power and the need for an ordinance in town encouraging an overlay district. She noted there needs to be a balance of areas not just in industrial however zoning must be maintained. Leslie stressed the need to change the way we use the earth’s resources now. Corinne Wingard – also spoke in favor of a solar ordinance but said more research is needed. She encouraged the town to look into solar canopies in parking lots. Sharlene Clark – spoke against speed humps in the Hendom Heights area. Stated that the town engineers who chaired the meeting gave a lot of information which clouded people and seemed biased. There are still no ‘thickly settled’ signs as promised and an increased police presence would be more beneficial to everyone. Speed humps should be a last resort. She noted it seems taxes increase yet services decline. William Clark – spoke of the sewer petition and wanting to get it as a public hearing so people can be heard. Doug Reed – thanked everyone for a clean race. He enjoyed meeting so many new people and learned a lot. He also spoke in favor of TR-2017-60 and the need to fix the golf course roof. Item D. Minutes 1. Regular Council Meeting – October 16, 2017 Motion to approve made by Councilors Suffriti and seconded by Councilor Rheault. Voice vote approved. 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 into record as required:  Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2017-58 - A Resolution accepting a grant in the amount of $1,500.00 from the Massachusetts Department of Environmental Protection Sustainable Materials Recovery Program to the City of Agawam for a small scale initiative (Sponsored by Mayor Cohen) (Referred to Finance Committee) Motion to approve made by Councilor Calabrese and seconded by Councilor Cavallo. As Chair of the Finance Committee, Councilor Johnson provided his report stating that after discussion a Motion was made to send a positive recommendation to the Full Council by Councilor Cavallo and seconded by Councilor Calabrese. Brief discussion about potential uses for grant funds as materials presented to Council does not contain intended use for money. Vote: 3 Yes 0 No and 2 Absent. The vote was 11 YES, 0 NO approving the item. 2. TR-2017-59 - A Resolution to appropriate and authorize borrowing in the amount of approximately Five Hundred Thousand Dollars (to be amended to actual amount of $496,500) to pay costs of repairing and replacing the Department of Public Works Building façade (Sponsored by Mayor Cohen) (Referred to Finance Committee) Motion to approve the amended amount of $496,500.00 made by Councilor Johnson and seconded by Councilor Rossi. As Chair of the Finance Committee, Councilor Johnson provided the report stating that a Motion was made to send positive recommendation to the Council made by Councilor Calabrese and seconded by Councilor Cavallo. Doug White described the problem with the masonry above doors and windows at the DPW facility and its potential impact on the emergency generator at the facility which also serves the town’s tenant in the building (MEMA). Chris Golba described the potential impact on the town’s snow removal operation as the areas above the equipment doors are directly impacted. Ray Cassella further described the problem and indicated that it is the result of a design flaw from when the building was originally constructed in the 1950’s. He also presented an updated description of the work (attached) which is included with the bid documents for the project, and described in detail the proposed solution to the problem. He indicated that the asbestos abatement bids are due on 10/30/17 with the construction bids coming on 11/1/17. Laurel Placzek presented information on the tax rate impacts (attached) of the project. She indicated that the project would be coupled with the fire apparatus purchase in a single bond resulting in minimal additional cost, if any, for the bonding of the project. She indicated that bonding was selected for the project to permit the water and wastewater enterprise funds to contribute to the cost. After bids are received, the resolution will be updated prior to the 11/8/17 Council meeting with an exact figure for the project which Laurel Placzek indicated is preferred by bond counsel. Vote: 3 Yes 0 No and 2 Absent. The vote was 11 YES, 0 NO approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings None. Item J. Old Business 1. TO-2017-34 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for The Buc, Inc., 84-86 Maple Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Cavallo provided his report stating that all was in order and the committee sent a positive recommendation to the Full Council. The vote was 11 YES, 0 NO approving the item. 2. TO-2017-35 - An Order granting or renewing a PERMIT for a Weekly Amusement for The Buc, Inc., 84-86 Maple Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Letellier. As Chair of the Administrative Committee, Councilor Cavallo provided his report stating that all was in order and the committee sent a positive recommendation to the Full Council. The vote was 11 YES, 0 NO approving the item. 3. TO-2017-36 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Langonet, Inc., 61 Ramah Circle South, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Bitzas. As Chair of the Administrative Committee, Councilor Cavallo provided his report stating that all was in order and the committee sent a positive recommendation to the Full Council. The vote was 11 YES, 0 NO approving the item. 4. TO-2017-37 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Parrotta Auto Service, Inc. d/b/a Parrotta’s Auto Sales, 357 Main Street, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Bitzas and seconded by Councilors Suffriti and Cavallo. As Chair of the Administrative Committee, Councilor Cavallo provided his report stating that all was in order and the committee sent a positive recommendation to the Full Council. The vote was 11 YES, 0 NO approving the item. 5. TO-2017-38 - An Order granting or renewing a Class 2 Dealer’s LICENSE to LaFleur Auto Exchange, 374 Main Street, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Letellier and seconded by Councilor Bitzas. As Chair of the Administrative Committee, Councilor Cavallo provided his report stating that all was in order and the committee sent a positive recommendation to the Full Council. The vote was 11 YES, 0 NO approving the item. 6. TO-2017-39 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Auto Kraft, 119 Walnut Street, Agawam, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Letellier and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Cavallo provided his report stating that all was in order and the committee sent a positive recommendation to the Full Council. The vote was 11 YES, 0 NO approving the item. 7. TOR-2017-11 - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance to add Solar Energy Systems (Sponsored by Mayor Cohen) – seek determination of whether Council can consider Councilor Rossi stated that this item should be removed from the Agenda as it has already been discussed and denied twice. It should not have been on the agenda as the procedure is it should start fresh, be recreated and come back before the Council at that time. Procedurally, this should never have come before us unless it had significant changes and he was disappointed that the Mayor’s Office knowingly submitted it anyway. He also suggested forming a committee to craft a new ordinance as one is definitely needed. Councilor Rheault agreed with Councilor Rossi that this should be removed. Councilor Letellier also agreed and was very concerned and disappointed that the Solicitor actually signed it for form and legality when it clearly does not warrant it. Councilor Theroux said we have discussed this item for six months and the Legislative Committee worked on it but it didn’t have the votes. There are currently several solar proposals in town and something needs to be in place. Councilor Letellier noted the issue is not whether or not a solar ordinance is needed; the issue at hand is whether or not this item is appropriate to be considered on the Council Agenda. Councilor Letellier expressed disappointment that in those previous meetings, she continued to ask for additional input from the town and various boards and it never gets done. Hopefully this could get done by the Legislative Committee before the end of the year. Councilor Rossi corrected Councilor Theroux that legal counsel was hired to work on the first ordinance not the second. We need to look at this to find something that makes sense. They need to get a clue up there in the Mayor’s Office. He reiterated that this needs to be removed and we need to set up a commission or do a study. Councilor Mineo also stated something needs to be done. Councilor Theroux again said his committee did this and the Council decided to go with the amendment but it didn’t get the votes. Councilor Rossi made the Motion to remove the item from the Agenda which was seconded by Councilor Rheault. The vote was 10 YES, 1 NO (Councilor Theroux) removing the item from the Agenda. Item K. New Business 1. TR-2017-60 - A Resolution to appropriate $70,665.00 from the Agawam Golf Course’s Retained Earnings Account to fund repairs to roof at the Agawam Golf Course (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 2. TR-2017-61 - A Resolution adopting a Residential Factor of 0.0000 pursuant to Massachusetts General Laws, Chapter 40, Section 56 (Sponsored by Mayor Cohen) – Suggest a Public Hearing Date of December 4, 2017 Referred to Finance Committee, next Agenda. 3. TO-2017-40 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Falcor Auto Sales, Inc., 373 Springfield Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 4. TO-2017-41 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Luigi’s Auto Sales, Inc., 371 South Westfield Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 5. TO-2017-42 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Rayonia Motors LLC d/b/a Elmwood D&J Auto Sales, 521 River Road, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 6. TO-2017-43 - An Order granting or renewing a Class 1 Dealer’s LICENSE to G&T Beaver, Inc. d/b/a Beaver Camper Service, 721 Springfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 7. TO-2017-44 - 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, next Agenda. 8. TO-2017-45 - 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. (Clerk) Referred to Administrative Committee, next Agenda. 9. TO-2017-46 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for K&P Welker, LLC d/b/a Club One, 60 North Westfield Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 10. TO-2017-47 - An Order granting or renewing a Class 1 Dealer’s LICENSE to Sarat Ford, 221 Springfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 11. TO-2017-48 - An Order granting or renewing a Class 1 Dealer’s LICENSE to Sarat Ford, 2243-249 Springfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 12. TO-2017-49 - An Order granting or renewing a Class 1 Dealer’s LICENSE to Sarat Ford, 250 Springfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 13. TO-2017-50 - An Order granting or renewing a PERMIT for Weekly Amusement for West Springfield Fish & Game Club, 329 Garden Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 14. TO-2017-51 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for West Springfield Fish & Game Club, 329 Garden Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 15. TO-2017-52 - 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, next Agenda. 16. TO-2017-53 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Ferrentino’s, Inc. d/b/a Ferrentino’s Pizzeria & Pub, 1676 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 17. TO-2017-54 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Balfour Motors, 1801 Main Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 18. TO-2017-55 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Malkoon Motor Sales, Inc., 825 Springfield Street, Feeding Hills, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 19. TO-2017-56 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Garden Auto Sales, 204 Garden Street, Feeding, Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 20. TO-2017-57 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Chris Auto South, 207 Main Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 21. TO-2017-58 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Joseph J. Polys d/b/a Joe’s Truck Repair, 97 Ramah Circle South, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 22. TO-2017-59 - An Order granting or renewing a Class 2 Dealer’s LICENSE to RNK Auto Sales, 28 Moylan Lane, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 23. TO-2017-60 - An Order granting or renewing a Class 2 Dealer’s LICENSE to V&F Auto Inc., 7 Harding Street, Agawam, MA (Clerk) Referred to Administrative Committee, next Agenda. 24. TO-2017-61 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Auto Point Motors, Inc., 1039 Springfield Street, Feeding Hills, MA (Clerk) Referred to Administrative Committee, next Agenda. 25. TO-2017-62 - 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, next Agenda. 26. TO-2017-63 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Ray-Mor, Inc. d/b/a The Elbow, 386 Walnut Street, Agawam , MA. (Clerk) Referred to Administrative Committee, next Agenda. 27. TR-2017-62 - A Resolution adopting and endorsing a Tax Increment Financing (TIF) Agreement between the Town of Agawam and Able Machine Tool Sales, Inc. (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 28. TOR-2017-12 - An Ordinance to amend the City of Agawam Code Chapter 49 to increase the salary rate of City Council camera and audio personnel (Sponsored by Mayor Cohen) – Two Readings Required Referred to Legislative Committee, next Agenda. 29. TO-2017-64 - A Budgetary Transfer of $27,300.00 from Reserve Fund (#16605-57300) to Professional Services (#16602-52190) (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 30. Petition certified by City Clerk on November 2, 2017 as submitted by William Clark on October 31, 2017 – Determination of Public Hearing Date Next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Rossi thanked the voters. He also expressed the need to create an overlay district. Councilor Johnson thanked the voters who went to the polls and congratulated the School Committee, City Councilors, Bill and Jimmy for running a heck of a campaign. Councilor Suffriti and all the councilors echoed congratulations and thanks to the voters. Councilor Letellier noted that social media makes the Council look like we are horrible people and that is just not the case. The town is best when we work together and volunteer. Councilor Rheault echoed but noted he won’t be returning after the first of the year. He praised God for his many years on the Council. He gave an emotional thank you to his wife Joan for being at his side, his three boys and family as well as the people of Agawam for his 50+ years of service. He received a standing ovation. Councilor Mineo also thanked the voters and noted we need more residential action and that this would be his last term on the City Council. After expressing gratitude, Councilor Calabrese noted that all of the newbies who ran for office this year really stirred the pot and brought excitement to the race. Councilor Theroux stated he has been in Agawam politics since he was 19 years old and thanked all his colleagues for welcoming him on this last term on the Council. His wife and family are happy to have him not involved in politics and will have him home. He did his best because he cares for Agawam. Councilor Bitzas thanked all the voters who came out and also those who voted for him and put signs on their lawns. To the newcomers, please run again and stay involved as we all care about the same thing – making Agawam better. Councilor Cavallo echoed the thank you’s and said whether or not we agree or disagree, we all leave as friends. He also sent condolences to the Skolnick family on the loss of Barbara. Council President Cichetti thanked everyone and congratulated Bill Sapelli. He said it was a great election season and everyone was so nice. He asked everyone to please stay involved and speak your mind. Item M. Adjournment. The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 8:12pm.   Removed from Agenda TOR-2017-11 Also the following granting or renewing of licenses/permits: TO-2017-34 The Buc, Inc. Automatic Amusement Devise(s) TO-2017-35 The Buc, Inc. Weekly Amusement Permit TO-2017-36 Langonet, Inc. Class 2 Dealer’s License TO-2017-37 Parrotta’s Auto Sales Class 2 Dealer’s License TO-2017-38 LaFleur Auto Exchange Class 2 Dealer’s License TO-2017-39 Auto Kraft Class 2 Dealer’s License