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11-06-19 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated November 6, 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, Gina Letellier, Dino Mercadante, Rosemary Sandlin, Robert Rossi and Anthony Suffriti. Councilors Mineo and Councilor Magovern 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 None. Item D. Minutes 1. Regular Council Meeting – October 21, 2019 Motion to approve the minutes was moved by Councilor Mercadante and seconded by Councilors Cavallo and Calabrese. Item E. Declaration from Council President Council President Johnson welcomed Councilor-Elect Mario Tedeschi and congratulated him. Councilor-Elect Gerry Smith had a previous engagement and could not attend the meeting this evening. Councilor-Elect Tedeschi thanked everyone for the honor to be here. Item F. Presentation of Resolutions 1. 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) (Tabled 9/3/19) Motion to leave the item on the table made by Councilor Rossi and seconded by Councilors Cavallo and Bitzas. Voice vote approved. 2. TR-2019-65 - A Resolution to appropriate One Hundred and Five Thousand Four Hundred and Seventeen Dollars and Seventy One Cents ($105,417.71) for the Agreements of the Agawam Clerical Employees’ Association and the Agawam Department of Public Works Employees’ Association with the Town of Agawam (Mayor Sapelli) Motion to approve made by Councilor Sandlin and seconded by Councilor Letellier. Council President Johnson noted that this is to fund Year 1 of the settlement that the town reached with the Clerical and DPW unions. There is a two percent for Year 1, 2 and 3 and this represents the first year. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 3. TR-2019-66 - A Resolution accepting a grant ($14,300.00) from the Commonwealth of Massachusetts Department of Environmental Protection pursuant to Massachusetts General Laws Chapter 44, Section 53A in relation to the Sustainable Materials Recovery Program (Mayor Sapelli) Motion to approve made by Councilor Mercadante and seconded by Councilor Sandlin. This is the allocation grant going for sustainable materials. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. TOR-2019-11 - An Ordinance to amend Chapter 180 of the Code of the Town of Agawam by permitting recreational marijuana establishments (Mayor Sapelli) (Two Readings Required) – Public Hearing set for December 2, 2019 Motion to remove this item from the Agenda made by Council Vice President Calabrese and Councilor Cavallo and seconded by Councilor Suffriti. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) removing the item from the Agenda. 2. TOR-2019-12 - An Ordinance to amend Section 147 of Chapter 180 of the Code of the Town of Agawam by banning recreational marijuana establishments (Mayor Sapelli) (Two Readings Required) Council President Johnson said the Public Hearing will be set for December 2nd and will be held jointly with the Planning Board since there wasn’t time to get it onto their November Agenda. Motion to table made by Councilor Bitzas and seconded by Councilor Sandlin. Voice vote approved. Item J. Old Business 1. TO-2019-35 - An Order granting a PERMIT for Weekly Amusement for Agawam Beverage Company d/b/a Pour, 485 Springfield Street, Feeding Hills, MA (Clerk) (Referred to Administrative Committee) (Tabled October 21, 2019) Motion to approve made by Councilor Sandlin and seconded by Councilor Suffriti. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application however it is to be clear that this permit expires on December 31, 2019 and they will have to apply again for next year’s permit. The committee made a positive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 2. TO-2019-40 - 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) 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 there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 3. TO-2019-41 - 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 Sandlin and seconded by Councilors Rossi and Cavallo. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 4. TO-2019-42 - An Order granting or renewing a PERMIT for Weekly Amusement for Scoreboard Bar & Restaurant, 15 King Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilors Cavallo and Suffriti. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 5. TO-2019-43 - 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) Motion to approve made by Councilor Rossi and seconded by Councilor Sandlin. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 6. TO-2019-44 - An Order granting or renewing a PERMIT for Weekly Amusement for West Springfield Fish & Game, Inc., 329 Garden Street, Feeding Hills, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilors Sandlin and Letellier. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 7. TO-2019-45 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for West Springfield Fish & Game, Inc., 329 Garden 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 there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 8. TO-2019-46 - An Order granting or renewing a PERMIT for Weekly Amusement for The Buc, Inc., 84-86 Maple Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilors Mercadante and Sandlin. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 9. TO-2019-47 - 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 Mercadante and seconded by Councilor Sandlin. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 10. TO-2019-48 - 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) Motion to approve made by Councilor Rossi and seconded by Councilor Sandlin. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 11. TO-2019-49 - An Order granting or renewing a Class 2 Dealer’s LICENSE to KLC Auto Sales, Inc., 1514 Main Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Sandlin and seconded by Councilors Rossi and Suffriti. As Chair of the Administrative Committee, Councilor Rossi provided the report stating that there were no issues with this application and the committee made appositive recommendation to the Full Council by a vote of 4 Yes, 0 No, 1 Absent. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. 12. TO-2019-50 - Budgetary Transfer ($105,417.71) from Salary Reserve (#16606-57350) to various department (see transfer) (Mayor Sapelli) Motion to approve made by Councilor Mercadante and seconded by Councilor Letellier. Council President Johnson noted that this was the sister item to the resolution funding the Clerical and DPW Union settlements. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Magovern and Mineo) approving the item. Item K. New Business 1. TR-2019-67 - A Resolution authorizing the Mayor to enter into a Lease Agreement between the Town of Agawam and Cellco Partnership d/b/a Verizon Wireless regarding a monopole tower at 128 Southwick Street, Feeding Hills, Massachusetts (Mayor Sapelli) Referred to Community Relations Committee, next Agenda. 2. TR-2019-68 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for design services at Memorial Field Park (CPA) Referred to Community Relations Committee, next Agenda. 3. TR-2019-69 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the preservation and rehabilitation of the Thomas Smith House Garage (CPA) Referred to Community Relations Committee, next Agenda. 4. TO-2019-51 - 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. 5. TO-2019-52 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Rayonia Motors, LLC d/b/a Elmwood D&J Auto Sales & Service, 521 River Road, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 6. TO-2019-53 - An Order granting or renewing a PERMIT for Weekly Amusement for Teresa’s Enterprises, Inc. d/b/a Town Taproom, 378 Walnut Street Ext., Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 7. TO-2019-54 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Teresa’s Enterprises, Inc. d/b/a Town Taproom, 378 Walnut Street Ext., Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 8. TO-2019-55 - An Order granting a PERMIT for Weekly Amusement for Afterburner, Inc. d/b/a The Hangar Pub – Agawam, 395 River Road, Agawam, MA. (Clerk) (for the period ending December 31, 2019) Referred to Administrative Committee, next Agenda. 9. TO-2019-56 - An Order granting or renewing a PERMIT for Weekly Amusement for Afterburner, Inc. d/b/a The Hangar Pub – Agawam, 395 River Road, Agawam, MA. (Clerk) (2020) Referred to Administrative Committee, next Agenda. 10. TO-2019-57 - An Order granting a LICENSE for Automatic Amusement Device(s) for Afterburner, Inc. d/b/a The Hangar Pub – Agawam, 395 River Road, Agawam, MA. (Clerk) (for the period ending December 31, 2019) Referred to Administrative Committee, next Agenda. 11. TO-2019-58 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Afterburner, Inc. d/b/a The Hangar Pub – Agawam, 395 River Road, Agawam, MA. (Clerk) (2020) Referred to Administrative Committee, next Agenda. 12. TO-2019-59 - An Order granting or renewing a PERMIT for Weekly Amusement for The Main Street Still, Inc. d/b/a The Still, 63 Springfield Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 13. TO-2019-60 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for The Main Street Still, Inc. d/b/a The Still, 63 Springfield Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 14. TO-2019-61 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Parrotta’s Auto Service, Inc., 357 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 15. TO-2019-62 - 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. 16. TO-2019-63 - An Order granting or renewing a PERMIT for Weekly Amusement for Agawam Bowl, LLC, 359 Walnut Street Ext., Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 17. TO-2019-64 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Agawam Bowl, LLC, 359 Walnut Street Ext., Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 18. TO-2019-65 - 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. 19. TO-2019-66 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Euro Imports, 325 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 20. TO-2019-67 - 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. 21. TO-2019-68 - An Order granting or renewing a PERMIT for Weekly Amusement for RCM, Inc. d/b/a Main Street Deli, 141 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 22. TO-2019-69 - 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. 23. TO-2019-70 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Richard Conlon Jr. d/b/a Motor City Car Co., 91 Ramah Circle, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 24. TO-2019-71 - 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. 25. TO-2019-72 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for for K&P Welker, LLC d/b/a Club One, 60 North Westfield Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 26. TO-2019-73 - An Order granting or renewing a Class 2 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. 27. TOR-2019-13 - An Ordinance to amend Section 2013-11 of Chapter 103 of the Code of the Town of Agawam for the Perry Lane Summer Camp programs (Mayor Sapelli) (Two Readings Required) Council President did not refer this item as it was simply to increase the fees, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Sandlin mentioned she hadn’t heard much about the police dog that they approved funding for a while back. She would like an update. Council President Johnson stated he would ask the Mayor. Councilor Letellier thanked everyone for voting for her and asked for an update on a gate that is locked between Corey and Plantation Condominiums – and worried about public safety for emergency vehicles to pass through – she wondered if this was approved by the APD/AFD. Councilor Sandlin already checked with the Building Inspector who said there was no restriction on this and keys for the gate were left at both the APD and AFD for their access. Councilor Letellier also inquired about the Dairy Store being only a KENO store and no longer a convenience store and wondered if the Administrative Committee had been in there. Councilor Sandlin said she has been in there and they sell milk, bread, cigarettes, newspapers, etc. Councilor Suffriti congratulated everyone and wanted a follow up update on the progress on North Westfield Street culvert and related timeline and also asked for an update on Twin Silos. He also thanked everyone for getting out to vote. Council Vice President Calabrese also thanked all of the volunteers as well as the voters. She mentioned that there is a very informative seminar that the two councilors-elect would benefit from on December 7th at the College of the Holy Cross in Worcester noting it would be well worth their time. Councilor Cavallo thanked everyone who voted for him. He also welcomed the new councilors. He received a call from a woman at Beekman complaining about phone reception. With today’s technology, we should be able to figure this out. Councilor Rossi thanked all those who came out to vote and show their support for him – he is grateful and humbled. The way the ballot question vote came out restored his belief in this community. Councilor Bitzas gave special thanks to all who voted for him and put signs on their lawns. Councilor Mercadante thanked the people of Agawam noting it was his privilege to serve for the last two years and looking forward to the next two. He stated that he felt very welcomed as a newcomer and knows the two newcomers will feel the same. Councilor-Elect Tedeschi thanked everyone and echoed Councilor Mercadante’s comments. He thanked everyone for making him feel extremely welcomed on state and looks forward to working with everyone and on the issues he ran on. Council President Johnson asked Barbara to reach out to the new councilors to set up a time to come to the Council Office to meet. He also noted how grateful he was for the continued trust and as Councilor Rossi said, it is a truly humbling experience and thanked everyone for taking the time to vote. Item M. Adjournment. The Motion to adjourn was moved and seconded around the house. Meeting was adjourned at 7:32pm.    Weekly Amusement Permit TO-2019-35 and TO-2019-40 through and including TO-2019-49 were all approved