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12-18-17 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated December 18, 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 – 8 PRESENT, 3 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Council President James Cichetti, Christopher Johnson, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi and Anthony Suffriti. Councilors Cavallo, Letellier and Theroux were absent. With eight 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: Robert Magovern – thanked everyone for voting for him and looked forward to working with the new Council and the people of Agawam. Item D. Minutes 1. Regular Council Meeting – December 4, 2017 Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. Voice vote approved. Please note the late arrival of Councilor Theroux. Item E. Declaration from Council President None. Item F. Presentation of Petitions and Remonstrances 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) Motion to approve made by Councilor Bitzas and seconded by Councilor Rheault. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the appointment. Council President Cichetti thanked Mrs. Kozloski for her continued service. 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) Motion to approve made by Councilor Rossi and seconded by Councilors Johnson and Rheault. Councilor Johnson made the Motion to amend the date to January 1, 2020 as there was a mistake made several years ago in the Mayor’s Office causing all of the Planning Board members to expire on the same date. The Administration is now staggering the dates again so this won’t happen again. Motion was seconded by Councilor Rheault. The vote for the amendment was 9 Yes, 0 No, 2 Absent approving the amendment. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the appointment as amended. Council President Cichetti thanked Ms. Baldwin for her continued service. 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) Motion made by Councilor Johnson and seconded by Councilors Rossi and Suffriti. Motion to amend to January 1, 2019 made by Councilor Johnson and seconded by Councilors Rossi and Suffriti. The vote for the amendment was 9 Yes, 0 No, 2 Absent approving the amendment. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the appointment as amended. Council President Cichetti thanked Mr. Pandolfi for his continued service. 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) Motion to approve made by Councilor Bitzas and seconded by Councilor Bitzas. Motion to amend to January 1, 2020 made by Councilor Johnson and seconded by Councilor Bitzas. The vote for the amendment was 9 Yes, 0 No, 2 Absent approving the amendment. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the appointment as amended. Council President Cichetti thanked Mr. Paleologopoulos for his continued service. 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) Motion to approve made by Councilor Rheault and seconded by Councilors Johnson and Rossi. Motion to amend to January 1, 2023 made by Councilor Johnson and seconded by Councilor Bitzas. The vote for the amendment was 9 Yes, 0 No, 2 Absent approving the amendment. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the appointment as amended. Council President Cichetti thanked Mr. Elfman for his continued service. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. 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) Motion to remove the item from the table made by Councilor Calabrese and seconded by Councilor Johnson. Motion to open the Public Hearing made by Councilor Theroux and seconded by Councilors Rossi and Bitzas. Council President Cichetti declared the Public Hearing open. William Clark gave his presentation on sewer information speaking about the 2012 tabled sewer items and that there is no talk about the health concerns in these areas. Other speakers: Doug Reed, John Cappuccilli, Melissa Izzo, Daniel O’Neil, Bill Duncan, Shelley Borgatti-Reed, Jason Morin, Joanne Cappuccilli, Michael Fortier, Corinne Wingard, and Brian Troy. No one else spoke in favor or against, in person or in name only. Council President Cichetti declared the Public Hearing closed. Councilor Calabrese hoped when the new Council is sworn in that these words don’t fall on deaf ears. Obviously there is a need however it will not be easy but we need to find a way. Councilor Rossi stated there is a way and it can be done. After the first of the year, we should put the tabled plan back on – the paper work is probably still in effect and can be workable with a good committee and the backing of the Administration. Councilor Mineo noted that this area deserved sewers and it is necessary. Councilor Theroux said this is called simple “planning”. The Administration didn’t do it and neither did the previous councils. With the AHS Athletic field, we planned to have it jump the line and get done more quickly. The ECC is a need and we are planning that now – should be the same with the sewers and there needs to be mandatory hookups. It should have been done before now and he would have rather given up his Council seat to new blood instead of the same faces. Hopefully Mr. Mercadante could be on the sewer committee since he is in Feeding Hills. Councilor Rossi said you can say all the political speeches you want and he could assign blame if he wanted to however we don’t need those speeches – we need action. Mayor Cohen wanted to place deed restrictions on those people’s homes which was unacceptable. Councilor Rossi’s plan was stopped by the Administration by sending scare tactics of businesses leaving town because of the increases taxes. Councilor Suffriti noted back in 1972 he was one year old! He feels being the newer councilor that he may have been a little ignorant about this issue however he’s glad the new Council will be looking into this. He noted the Hampden received a Mass Grant for their sewer project and maybe that is the way to go. He feels empathy for the people in these areas and looks forward to helping them. Councilor Theroux said he was not blaming anyone just wondered why didn’t we do this? Councilor Bitzas thanked everyone for coming tonight and expressing their opinions. He said the Council heard them and will have to figure out the costs associated with the project. Council President thanked everyone for coming and thanked Will Clark for bringing the petition forward. Item J. Old Business 1. 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. The item remained on the table. 2. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Vice Chair of the Administrative Committee, Councilor Suffriti provided the report stating that everything seemed to be in order and the committee sent a positive recommendation to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the item. 3. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Vice Chair of the Administrative Committee, Councilor Suffriti provided the report stating that everything seemed to be in order and the committee sent a positive recommendation to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the item. 4. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Vice Chair of the Administrative Committee, Councilor Suffriti provided the report stating that everything seemed to be in order and the committee sent a positive recommendation to the Full Council with the stipulation printed on the License that it is approved upon the granting of the Certificate of Occupancy by the Building Inspector. Councilor Johnson noted the license should be held in the Clerk’s Office until the Building Inspector signs off. Motion to amend moved and seconded. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the item as amended. 5. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Vice Chair of the Administrative Committee, Councilor Suffriti provided the report stating that everything seemed to be in order and the committee sent a positive recommendation to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the item. 6. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Vice Chair of the Administrative Committee, Councilor Suffriti provided the report stating that everything seemed to be in order and the committee sent a positive recommendation to the Full Council. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the item. 7. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Chair of the Finance Committee, Councilor Johnson provided the report stating that a brief discussion regarding the fact that School Department retained a consultant to review utility bills to see if savings could be achieved. Consultant contract requires payment of 50% of savings to consultant. Consultant achieved almost $30,000 in savings of which over $23,000 went into the General Fund. Motion to send a positive recommendation made by Councilor Calabrese and seconded by Councilor Johnson. Vote 3 yes, 0 no and 3 absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the item. 8. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Chair of the Finance Committee, Councilor Johnson provided the report stating that a brief discussion regarding need to increase Assessor salary line item as new Assessor was hired at higher step than previously anticipated when budget was prepared. Motion to send a positive recommendation made by Councilor Calabrese and seconded by Councilor Mineo. Vote 3 yes, 0 no and 3 absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the item. 9. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Chair of the Finance Committee, Councilor Johnson provided the report stating that a brief discussion regarding fact that unanticipated retirements and separations from employment by the Mayor, Deputy Fire Chief and other fire department employees has resulted in an anticipated deficit in the Employee Benefits Buyback Line Item. The requested amount of the transfer was reduced to $70,999.17. Motion to send a positive recommendation made by Councilor Calabrese and seconded by Councilor Mineo. Vote 3 yes, 0 no and 3 absent. Motion to amend the item to $70,999.17 made by Councilor Johnson and seconded by Councilor Suffriti. The vote was 9 Yes, 0 No, 2 Absent approving the amendment. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Cavallo and Letellier) approving the item as amended. Item K. New Business 1. TR-2017-70 - A Resolution appropriating ($15,000.00) from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds to fund the Agricultural Preservation Restriction on farmland located at North West Street and to accept an interest in real estate (CPA) Referred to Finance Committee, next Agenda. 2. TR-2017-71 - A Resolution appropriating $26,237.70 from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the replacement of benches on town-owned land (CPA) Referred to Finance Committee, next Agenda. 3. TR-2017-72 - A Resolution accepting a grant in the amount of Twenty Thousand Two Hundred and no cents ($20,200.00) from the Osterman Family Foundation for use by the Town of Agawam Public Library’s Enhance the Youth Experience at the Library Project (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 4. TR-2017-73 - A Resolution accepting a grant in the amount of $207,970.00 from the Massachusetts Department of Energy Resources under the Green Communities Designation Grant Program (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 5. TO-2017-78 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Elias Auto, 1123 Suffield Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 6. TO-2017-79 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Paul J. LaPointe d/b/a The Car Connection, 820 Springfield Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 7. TO-2017-80 - 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. 8. TO-2017-81 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Scoreboard Bar & Restaurant, 15 King Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 9. TO-2017-82 - An Order granting or renewing a PERMIT for Weekly Amusement for Crestview Country Club LLC, 478 Springfield Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 10. TO-2017-83 - An Order granting or renewing a PERMIT for Weekly Amusement for OMS Hospitality Group d/b/a Chez Josef, 176 Shoemaker Lane, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Bitzas wished the three outgoing councilors all the best and Merry Christmas to all. Councilor Theroux thanked everyone. Councilor Calabrese spoke to Councilor Rheault saying it meant so much to serve with him noting his guidance and leadership gave her confidence. She looked forward to working with Councilor Cichetti again saying she was impressed by his leadership. She also said it was a privilege sitting next to Councilor Theroux. Councilor Mineo also expressed sentiments to the three councilors stating they will be sorely missed also thanking Councilor Rheault’s commitment to the town and called him Mr. Agawam. Councilor Suffriti thanked all the councilors and remembered when Councilor Theroux helped advise him when he first ran for office. He also said he went to school as a young boy with Council President Cichetti and said your fight is not over and can’t wait to see what you do next. He also called Councilor Rheault Mr. Agawam and valued his knowledge and guidance of the years. Councilor Johnson talked about Council President Cichetti and how he values him as a friend. He feels he has grown into the position and has done a fantastic job. He remembered the very first vote he did on the Council many years ago was to vote for Don Rheault as Council President – which had to endure 35 votes that night before the final decision was made. He noted he taught him a tremendous amount about leadership over the years and as Mayor he kept him on his toes which helped to make Agawam a better place. Councilor Johnson also stated that Councilor Rheault raised a wonderful family and has a great legacy. He joked to Mayor-elect Bill Sapelli – enjoy your last two weeks! Councilor Rossi said Merry Christmas and Happy New Year to all and mentioned he enjoyed sparring with Councilor Theroux and that he has been very generous with his time and resources. To Council President Cichetti, he said his time was surely not done and he proved his worth. He also noted he wouldn’t miss Councilor Rheault as he is good friends with him and his beautiful wife Joan and will still see them. Council Vice President Mineo wished Mr. Sapelli good luck and wanted to thank Mayor Cohen for the good he did for Agawam. Council President Cichetti thanked everyone including Mayor Cohen for opening his door to him and wished him a Happy Hanukkah. Item M. Adjournment. The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 9:14pm.