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08-05-19 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated August 5, 2019 Meeting was called to order by Council President Johnson at 7:00pm in the Auditorium at the Agawam Junior High School, 1305 Springfield Street, Feeding Hills. Item A. Roll Call ROLL CALL – 9 PRESENT, 2 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Council Vice President Cecilia Calabrese, Paul Cavallo, Council President Christopher Johnson, Robert Magovern, Dino Mercadante, Rosemary Sandlin, Robert Rossi and Anthony Suffriti. Councilors Gina Letellier and Joseph Mineo were absent. With nine present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. Council President Johnson asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen’s Speak Time Karl Schmaelzle spoke about property pins that were removed by town and not receiving responses or action. William Clark spoke about outfalls within the town and Jack Chamberland spoke about a fundraiser for America’s VetDogs on September 7th. Item D. Minutes 1. Regular Council Meeting – July 8, 2019 Motion to approve the minutes was moved by Councilor Sandlin and seconded by Councilor Suffriti. Voice vote approved with Council President Johnson noting the abstentions of Councilors Calabrese and Cavallo. Item E. Declaration from Council President None. Item F. Presentation of Resolutions 1. TR-2019-50 - A Resolution accepting a grant from the Commonwealth of Massachusetts Department of Energy and Environmental Affairs pursuant to Massachusetts General Laws Chapter 44, Section 53A in relation to the Municipal Vulnerability Preparedness Program (Mayor Sapelli) Motion to approve made by Councilor Rossi and seconded by Councilor Suffriti. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Letellier and Mineo) approving the item. 2. TR-2019-51 - A Resolution to appropriate Seventeen Thousand and Eight Hundred and Two Dollars ($17,802.00) for the Massachusetts Nurses Association Agreement with the Town of Agawam (Mayor Sapelli) Motion to approve made by Councilor Cavallo and seconded by Councilor Rossi. Council President Johnson stepped from the Chair to clarify this item noting that the prior contract expired one year ago. This item would bridge the gap to get the union through June of 2019 and get them in line with the remainder of the unions. The Nurses Union is currently in negotiations. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Letellier and Mineo) approving the item. 3. TR-2019-52 - A Resolution to amend the Rules and Regulations of the Agawam City Council to allow for remote participation at City Council meetings (Councilor Johnson) (Referred to Legislative Committee) As sponsor of this item, Council President Johnson made the Motion to withdraw this item of Agenda which was seconded by Council Vice President Calabrese. The vote was 8 YES, 1 NO (Councilor Sandlin), 2 ABSENT (Councilors Letellier and Mineo) withdrawing the item. 4. TR-2019-53 - A Resolution to appropriate Eighty Nine Thousand and Two Hundred and Ninety Five Dollars ($89,295.00) for the Agawam Police Patrolman’s Association Agreement with the Town of Agawam (Mayor Sapelli) Motion to approve made by Councilor Suffriti and seconded by Councilor Cavallo. After receiving the Settlement Agreement last week, Council President Johnson stated it appears to be reinstating the police career incentive (a form of the Quinn Bill) and has asked the Mayor for a cost analysis and how we would compare to surrounding communities. He would recommend tabling this item until this information is received and reviewed. Motion to table made by Councilor Cavallo and seconded by Council Vice President Calabrese. The vote was 7 YES, 2 NO (Councilors Sandlin and Suffriti), 2 ABSENT (Councilors Letellier and Mineo) tabling the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. TOR-2019-6 (PH-2019-5) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding personal wireless facilities and towers (Mayor Sapelli) (Two Readings Required) (Referred to Planning Board and Legislative Committee) (Suggest a Public Hearing Date of September 16, 2019) Council President noted that the Public Hearing for this item is set for the September 16th meeting. Motion to table made by Council Vice President Calabrese and seconded by Councilor Suffriti. Voice vote approved. Item J. Old Business 1. TO-2019-26 - Order granting or renewing a Junk Dealer’s PERMIT for Baki’s Fine Jewelry, 9 North Westfield Street, Feeding Hills, MA (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Magovern. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that the committee gave a positive recommendation to the Full Council with a vote of 4 Yes, 0 No, 1 Absent (Councilor Mineo). They were disturbed that this application was extremely late and requested more timely submission of applications. Administrative Assistant noted that the Junk Dealer permit applications are from May to April not calendar year. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Letellier and Mineo) approving the item. 2. TO-2019-27 - Order granting a Class 2 Dealer’s LICENSE to 57 Auto, LLC, 371 South Westfield 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 Rossi provided the report stating that this was a simple transfer of ownership and all conditions and site plan would remain the same. The committee gave a positive recommendation to the Full Council with a vote of 4 Yes, 0 No, 1 Absent (Councilor Mineo). Council President Johnson thought it made sense to add language to the Order that it was subject to the surrender of the existing license. Motion to amend made by Councilor Sandlin and seconded by Councilor Mercadante. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Letellier and Mineo) amending the item. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Letellier and Mineo) approving the item as amended. 3. TO-2019-28 - Budgetary Transfer of $16,705.00 from Salary Reserve (#16605-57350) to Regular Salaries (#15101-51010) Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. Council President Johnson noted that this is the sister item to TR-2019-51 for the nurses’ union. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Letellier and Mineo) approving the transfer. 4. TO-2019-29 - Budgetary Transfer of $89,295.00 from Salary Reserve (#16605-57350) to the following: Regular Salaries #12101-51010 $54,500.00 Overtime #12101-51030 $ 6,675.00 Holiday Pay #12101-51050 $ 3,420.00 Court Time #12101-51080 $ 1,000.00 Science College#12101-51120 $23,700.00 Council President noted that this was the sister item to TR-2019-53 and since that item has been tabled, that it made sense to table this item as well. Motion to table made by Councilor Mercadante and seconded by Councilor Rossi. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Letellier and Mineo) tabling the item. Item K. New Business 1. TR-2019-54 - A Resolution regarding the approval of an Intermunicipal Animal Control Shelter between the Town of Southwick and the Town of Agawam (Mayor Sapelli) Next Agenda. 2. TR-2019-55 - A Resolution to exercise the Right of First Refusal Option to meet a bona fide offer to purchase lands classified under M.G. L. Chapter 61A located at 497 South Westfield Street, Feeding Hills, Massachusetts (Mayor Sapelli) Next Agenda. 3. TR-2019-56 - A Resolution confirming the appointment of Michele Calvanese, 136 Juniper Ridge Drive, Feeding Hills, MA. to the Agawam Board of Registrars to a term expiring April 1, 2023 (Mayor Sapelli) Next Agenda. 4. TOR-2019-7 - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding Permitted Uses in Business A Districts (Planning Board) (Two Readings Required) – Refer to Planning Board and Set a Public Hearing Date The Public Hearing for this item will be set for the October 7th meeting (unless there is a primary election, then it will be the day after on October 9th) and is officially referred to the Planning Board. It is also referred to the Legislative Committee. 5. TOR-2019-8 - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding Use Restrictions in Residence A-3 Districts (Mayor Sapelli) (Two Readings Required) – Refer to Planning Board and Set a Public Hearing Date The Public Hearing for this item will be set for the October 7th meeting (unless there is a primary election, then it will be the day after on October 9th) and is officially referred to the Planning Board. It is also referred to the Legislative Committee. 6. TOR-2019-9 - An Ordinance to amend Site Plan Review requirements pursuant to Chapter 180 of the Code of the Town of Agawam (Planning Board) (Two Readings Required) – Refer to Planning Board and Set a Public Hearing Date The Public Hearing for this item will be set for the September 16th meeting and is officially referred to the Planning Board. It is also referred to the Legislative Committee. 7. TO-2019-30 - Order granting or renewing a Junk Dealer’s PERMIT for John’s Trucking of Agawam, Inc., 415 Silver Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Suffriti asked if it made sense to hold a workshop for the four ordinances that were referred to the Legislative Committee, that way all councilors could attend and be informed. Council President agreed and a workshop is set for September 3rd after the close of the meeting. Council Vice President Calabrese talked about the Jack Jonah Foundation and how there will be camera crews about town filming for this foundation. They are using all volunteer actors and the purpose is to honor those who have passed away to addiction as well as inform of the dangers of opioid addiction and support the families of these victims. Councilor Cavallo asked for the crosswalks to be painted at Suffield and Silver Streets noting there is a lot of traffic there and many walkers and bikers. Councilor Mercadante mentioned he saw several crosswalks being painted in town and maybe that was on the list. Item M. Adjournment. The Motion to adjourn was moved and seconded around the house. Meeting was adjourned at 7:37pm.