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12-04-17 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated December 4, 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 – 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 The following citizens spoke: William Clark – spoke about information for sewer public hearing Kathleen Auer – introduced herself as the new Health Agent and provided a little personal background. She praised Sherry Petrucci and Beth Ceccarini for helping make the transition a smooth one. Item D. Minutes 1. Special Council Meeting – November 15, 2017 Motion to approve made by Councilor Calabrese and seconded by Councilor Rheault. Voice vote approved. 2. Regular Council Meeting – November 20, 2017 Motion to approve made by Councilor Suffriti and seconded by Councilor Letellier. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions and Remonstrances 1. TR-2017-63 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for partial funding for the preservation and rehabilitation of the property known as Soldier On, Inc. located at 702 South Westfield Street, Feeding Hills, MA (CPA) (Referred to Finance Committee) Motion to approve made by Councilor Cavallo and seconded by Councilors Letellier and Bitzas. As Chair of the Finance Committee, Councilor Johnson provided a report stating that the committee made a Motion to send positive recommendation to the Council which was made by Councilor Letellier and seconded by Councilor Cavallo. There was brief discussion regarding the proposed use of the funds for the Soldier On building and the fact that the project resulted in the preservation of a historic structure and the creation of affordable housing. The vote was 4 Yes 0 No and 1 Absent. Councilor Rossi opposed this item as he believes Soldier On is a private entity asking for CPA support. CPA was designed for public use and this does not serve the community. He won’t support it. Councilor Johnson respectfully disagreed with Councilor Rossi’s though process of the utilization of CPA funds. Part of the funds is set aside specifically for historic preservation by both publicly and privately owned properties. This building is also significantly historic and he supports this item. Councilor Calabrese added that the Smith House is also privately owned yet CPA funds were used and she feels this is a similar issue. This is the reason we have CPA. Councilor Letellier agreed and added that Soldier On is a non-profit and adds to Agawam’s affordable housing. There indeed is a public benefit for veterans – how can that not be a public benefit? Councilor Bitzas also said he would support this as it is a good cause. The vote was 9 YES, 1 NO (Councilor Rossi), 1 ABSENT (Councilor Theroux) approving the item. 2. TR-2017-64 - A Resolution to appropriate $3,000.10 from the Agawam Golf Course’s Retained Earnings Account to fund Agawam Golf Course employee’s off step earnings from 8/7/17 to 10/15/17 (Sponsored by Mayor Cohen) (Referred to Finance Committee) Motion to approve made by Council Vice President Mineo and seconded by Councilor Cavallo. As Chair of the Finance Committee, Councilor Johnson provided a report stating that the committee made a Motion to send positive recommendation to the Council which was made by Councilor Cavallo and seconded by Councilor Letellier. Tony Roberto indicated that the appropriation was necessary to pay a subordinate who filled in for the course superintendent while he was out for an extended period earlier this year. The funds represent the difference in pay due that employee per the collective bargaining agreement. The vote was 4 Yes 0 No and 1 Absent. 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. TR-2017-61 (PH-2017-12) - A Resolution adopting a Residential Factor of .080829 pursuant to Massachusetts General Laws, Chapter 40, Section 56 (Sponsored by Mayor Cohen) (Referred to Finance Committee) (Tabled 11/20/17) Motion to remove the item from the table made by Councilor Calabrese and seconded by Councilor Johnson. Motion to approve made by Councilor Bitzas and seconded by Councilors Letellier and Cavallo. Council President Cichetti declared the Public Hearing open. Sam Konieczny gave his video presentation on the tax factor recommending a factor of .080829. After his very thorough presentation, Councilor Bitzas welcomed the Assessor and told him he was impressed with his easy to understand presentation. He asked the Assessor if he agreed with the Mayor’s recommended 1.58? The Assessor stated he tried to find a happy medium and felt the majority would benefit from 1.58 as ¾ of the town is residential and many are on fixed incomes. The impact would be harder on the elderly or retired. Councilor Bitzas agreed. Councilor Calabrese asked how we compared to other towns. No one spoke in favor or in favor name only. The following spoke in opposition: Brian Halla stating this is a result of the Mayor’s budget and the Council’s modest amendments to that budget. Every year the shift keeps benefiting the residents placing an increasing burden on the businesses. Doug Reed echoed Mr. Halla’s sentiments saying on paper it looks reasonable but we need to stop squeezing the small businesses. Frank Palange of V&F Auto asked why compare us to other towns? This is Agawam. He recently received a notice that he will get fined $750.00 for every employee that is not covered on his health insurance. These additional costs are driving businesses out. There needs to be a balance. For three years in a row, this town has dumped the burden on the businesses and we cannot afford it. He asked the Council to put some common sense and heart into your decision. Corinne Wingard thanked the Assessor and noted she too is a fixed income senior but it is shortsighted at best to go with the proposed factor. She said to look at the total picture. Robin Wozniak supports the Chamber and noted 94% of businesses are small businesses and they are struggling. She asked the Council to please be compassionate. John Weiss also noted it was an unfair burden on businesses as their margins are getting thinner and thinner. William Clark also said we need to help the businesses and asked to please not raise the tax rate.. No one spoke in opposition name only. Council President Cichetti declared the Public Hearing closed. As Chair of the Finance Committee, Councilor Johnson provided the report stating that Assessor Konieczny made a brief presentation regarding the Mayor’s recommended residential factor and its impact on residential and commercial/industrial taxpayers. The committee briefly discussed whether it wanted to send a recommendation to the Council given the fact that the public hearing had not occurred, and the consensus was to make no recommendation. Councilor Bitzas supported the 1.58 shift not because he is anti-business but because he felt it was fair. Councilor Johnson stated it gets to be a broken record every year. He is a small business owner and costs are going up all the time. The town cannot be pro-business and continue to shift toward businesses. The Administration is taking the politically safe road and ignoring the people’s voice. No one showed up to speak in favor of this tonight yet many spoke against it. He noted the town is NOT made up of a majority of seniors. He will not support anything above 1.55 as it is absolutely unfair. The biggest bill businesses have is their property tax bill. The tax rate affects the ability to attract new businesses and we need to treat them fairly. Councilor Calabrese is not in favor of the 1.58 and would love a 1.54 but doubt if there was support for that. She echoed Councilor Johnson’s sentiments. Councilor Letellier stated people are over taxed and we should have used some of the Free Cash to help reduce this. She hoped the next year’s budget process would be more transparent. Councilor Mineo didn’t think the residents were being too overtaxed and our businesses bear most of the burden. Year after year the businesses take the heat and he applauded Councilor Johnson for speaking so candidly. Councilor Rossi said he gets the businesses’ pitch and understands they have a bottom line but he feels the residents feel the crunch as must if not more than the businesses. We need more truth in budgeting. He thinks the proposed seems pretty fair. Councilor Cavallo concurred with Councilor Rossi adding that there will be an additional storm water tax which will further burden people. He supported the proposed shift. Councilor Suffriti stated that the Council is sympathetic to both sides and we do have to be concerned with people on fixed incomes but also have to worry about the businesses. This is not being business-friendly and not in favor of anything greater than 1.55. Councilor Bitzas it was only $`145 which is a drop in the bucket and said don’t even say Agawam is not business-friendly because we are! The residents are fairly taxed. Motion to amend the factor from .80829 to .818206 (1.58 shift to 1.55) made by Councilor Johnson and seconded by Councilor Calabrese. The vote was 6 YES (Councilors Calabrese, Cichetti, Johnson, Letellier, Mineo and Suffriti), 4 NO (Councilors Bitzas, Cavallo, Rheault and Rossi), 1 ABSENT (Councilor Theroux) approving the amendment. The vote on the main motion as amended was 6 YES (Councilors Calabrese, Cichetti, Johnson, Letellier, Mineo and Suffriti), 4 NO (Councilors Bitzas, Cavallo, Rheault and Rossi), 1 ABSENT(Councilor Theroux) approving the item as amended. 2. PH-2017-13 - Petition certified by City Clerk on November 2, 2017 as submitted by William Clark on October 31, 2017 – Public Hearing Date set for December 18, 2017 (Tabled until 12/18/17) The item remained on the table until the December 18, 2017 meeting. Item J. Old Business 1. TOR-2 017-12 - 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) (Second and Final Reading) (Referred to Legislative Committee) Motion to approve the second reading made by Councilor Johnson and seconded by Councilor Suffriti. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 2. TO-2017-65 - An Order granting or renewing a PERMIT for Weekly Amusement for Agawam Bowl, 359 Walnut Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made and seconded. As Chair of the Administrative Committee, Councilor Cavallo provided the report stating that all documents seemed to be in order and the committee gave a positive recommendation for approval by the Full Council. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 3. TO-2017-66 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Agawam Bowl, 359 Walnut Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made and seconded. As Chair of the Administrative Committee, Councilor Cavallo provided the report stating that all documents seemed to be in order and the committee gave a positive recommendation for approval by the Full Council. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 4. TO-2017-67 - An Order granting or renewing a PERMIT for Weekly Amusement for The Main Street Still, Inc., 858 Suffield Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made and seconded. As Chair of the Administrative Committee, Councilor Cavallo provided the report stating that all documents seemed to be in order and the committee gave a positive recommendation for approval by the Full Council. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 5. TO-2017-68 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for The Main Street Still, Inc., 858 Suffield Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made and seconded. As Chair of the Administrative Committee, Councilor Cavallo provided the report stating that all documents seemed to be in order and the committee gave a positive recommendation for approval by the Full Council. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 6. TO-2017-69 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Bear Auto Sales, 517 Springfield Street, Feeding Hills, MA (Clerk) (Referred to Administrative Committee) Motion to approve made and seconded. As Chair of the Administrative Committee, Councilor Cavallo provided the report stating that all documents seemed to be in order and the committee gave a positive recommendation for approval by the Full Council. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) approving the item. 7. TOR-2017-13 - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinances to add solar energy systems (Sponsored by Councilors Johnson and Rossi) Refer to Legislative Committee and work with Assessors and Engineering to gather list of potential overlay district areas – no vote taken yet. Motion to table this item until more information is received made by Councilor Johnson and seconded by Councilor Suffriti. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Theroux) tabling the item. Item K. New Business 1. TR-2017-65 - A Resolution confirming the appointment of Teresa M. Kozloski, 102 Meadow Street, Agawam, MA to the Historical Commission to a term expiring January 1, 2020 (Sponsored by Mayor Cohen) Next Agenda. 2. TR-2017-66 - A Resolution confirming the reappointment of Violet Baldwin, 1245 Main Street, Agawam, MA to the Planning Board to a term expiring January 1, 2021 (Sponsored by Mayor Cohen) Next Agenda. 3. TR-2017-67 - A Resolution confirming the reappointment of Nicholas Pandolfi, 16 Corey Street, Agawam, to the Planning Board to a term expiring January 1, 2021. (Sponsored by Mayor Cohen) Next Agenda. 4. TR-2017-68 - A Resolution confirming the reappointment of Mark R. Paleologopoulos, 100 Paul Revere Drive, Feeding Hills, MA to the Planning Board to a term expiring January 1, 2021 (Sponsored by Mayor Cohen) Next Agenda. 5. TR-2017-69 - A Resolution confirming the reappointment of Charlie Elfman, 46 Barden Street, Agawam, MA to the Planning Board to a term expiring January 1, 2021 (Sponsored by Mayor Cohen) Next Agenda. 6. TO-2017-70 - An Order granting or renewing a PERMIT for Weekly Amusement for F.S.F., Inc. d/b/a Riverboat Bar & Grill, 11 South End Bridge Circle, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 7. TO-2017-71 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for F.S.F., Inc. d/b/a Riverboat Bar & Grill, 11 South End Bridge Circle, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 8. TO-2017-72 - An Order granting or renewing a Class 2 Dealer’s LICENSE to KLC Auto Sales, 1514 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 9. TO-2017-73 - An Order granting or renewing a PERMIT for Weekly Amusement for American Legion Wilson-Thompson Post 185, 478 Springfield Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 10. TO-2017-74 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for American Legion Wilson-Thompson Post 185, 478 Springfield Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 11. TO-2017-75 - Budgetary Transfer of $14,929.69 from Line Items Reserve Fund (16605-57300) to Line Items- Professional Services (16602-52190) (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 12. TO-2017-76 - Budgetary Transfer of $4,618.12 from Line Item Reserve Fund (16605-57300) to the Assessor Salary Account (11371-51010) (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 13. TO-2017-77 - Budgetary Transfer of $79,428.17 from Line Item Reserve Fund (16605-57300) to Employee Benefit Buyback (16603-51040) (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Rossi suggested it would be professional courtesy to the Mayor-Elect to wait on the appointments until he takes office. Councilor Johnson thanked Mayor Cohen for his many years of service and he personally is very grateful for his service. He wished him best wishes for his future. Councilor Mineo also asked for an update on the golf course roof. Item M. Adjournment. The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 8:34pm.      Also the following granting or renewing of licenses/permits: TO-2017-65 through and including TO-2017-69