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CC MTG MINUTES OCTOBER 20 2014 REGULAR MEETING OF THE AGAWAM CITY COUNCIL .Minutes dated October 20, 2014 • Meeting was called to order by President Johnson at 7:00pm at 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, James Cichetti, Council President Christopher Johnson, Joseph Mineo, Vice President Dennis Perry, Donald Rheault, Robert Rossi and Anthony Suffriti. • With ten councilors present, there was a quorum. Let the record reflect that Councilor Gina Letellier arrived after the Roll was taken. Item B. Moment of Silence and the Pledge ofAllegiance. President Johnson asked for a moment of silence and the Pledge of Allegiance. • Item C. Citizen's Speak Time Sarah Savoia from Behavioral Health Network spoke about the mental health first aid program. Tony Roberto, Manager of the Agawam Municipal Golf Course again thanked • the City Council for coming up to the golf course and asking questions. He stated that October's numbers are on track but it depends on the weather. He is also looking into new lighting and a Point of Sale system. Item D. Minutes • Motion to approve the October 6, 2014 Regular City Council meeting minutes was made by Councilors Rheault and seconded by Councilor Suffriti. The minutes were approved by a vote of: 11 Yes,0 No. ItemE. Declaration from Council President Council President asked for if the Council would like to take (PH-2014-7) ZC-2014-3 out of order. Motion made by Councilor Calabrese and seconded by Councilor Rossi. Voice vote was unanimous. Please see Item 9 for details. Item F. Presentation of Petitions,Memorials& Remonstrances 1. TR-2014-30 - Resolution to establish an Act Hoc Sub-Committee of the Agawam City Council to initiate an investigation of the Agawam Municipal Golf Course pursuant to Section 2-11 of the Agawam Home Rule Charter (Councilors Letellier, Johnson and Perry) Motion made to leave the item on the table made by Councilor Cichetti and seconded by Councilors Perry and Calabrese. 1 • • The vote was 8 YES (Councilors Bitzas, Calabrese, Cichetti, Letellier, Mineo, Perry, Rossi and Suffriti) and 3 NO (Councilors Cavallo, Johnson and Rheault) in favor of leaving the item on the table. Councilor Letellier made a Point of Privilege regarding the email from the National Golf Association about assisting in the management of golf courses and maybe we should look into amending this resolution to include something like this. 2. TR-2014-39 - A Resolution confirming the appointment of Anthony Tassone, 1242 Main Street, Agawam, MA to the Agawam Housing Committee to a term expiring October 1,2017 (Mayor) • Motion made by Councilor Cichetti and seconded by Councilor Suffriti. The vote was 11 YES,0 NO. 3. TR-2014-40 - A Resolution confirming the appointment of Christopher W. F. Pass, 108 Bridge Street,Agawam,MA. to the Agawam Housing Committee to a term expiring October 1,2017(Mayor) Motion made by Councilor Cichetti and seconded by Councilor Cavallo. The vote was 11 YES,0 NO. • 4. TR-2014-41 - A Resolution accepting Massachusetts General Laws, Chapter 40, Section 8G (Mayor)(Referred to Legislative Committee) Motion made by Councilor Cavallo and seconded by Councilor Cichetti. Councilor Cichetti as Chair provided the Legislative Committee report. This allows for the Town of Agawam to enter into mutual aid agreements with other Police Departments. His full committee was present as well as Councilors Johnson and Rheault. After a brief discussion, the committee recommended 5-0 to make a positive recommendation to the Full Council. The vote was 11 YES,0 NO. • 5. TR-2014-42 - A Resolution accepting a grant from the Commonwealth of Massachusetts State 911 Department pursuant to Massachusetts General Laws Chapter 44, Section 53A for the Agawam Police Department ($70,999.00) (Mayor) (Referred to Finance Committee) Motion made by Councilor Cichetti and seconded by Councilor Suffriti. Councilor Mined as Chair provided the Finance Committee report. There was much discussion on the fact that a Request for Payment was given to the Auditor prior to acceptance of this grant and the Resolution does not specify that it is to be used for purchase of a vehicle. Auditor brought it to the Council at the Finance meeting stating that when she questioned Chief Gillis about the legality of this, he stated it had been done like this before and it was fine. Councilor Mineo stated that the Council • was only voting on the acceptance of the grant not on what it can or cannot be used for. The committee voted 3-0 to send a positive recommendation to the Full Council. Councilor Rossi questioned how the vehicle could be purchased prior to acceptance of the grant. There isn't an issue of purchasing a new car just the protocol as to how it was done and not going • through the proper channels. Councilor Mineo agreed and expressed disappointment at learning about this information at the last minutc. He asked for a Memo to be sent out to the Auditor to find out exactly what the grant money is to be used for and if it indeed is legal to purchase a vehicle prior to acceptance of a grant. 2 • • Council President Johnson said it was disturbing that the Resolution makes no mention of anything regarding a vehicle. Councilor Mineo again stated that if he had been made aware of this by the Auditor, he would have attempted to find out the information for the Council prior to tonight's meeting however he didn't think we should delay in voting for the grant. Council President stated that next time we accept a grant we hope to have the details prior to the vote. 0 The vote was 11 YES,0 NO, Item 7. Re ort of Council Committees k • None, Item 8. Elections None. Item 9. Public Hearings 1. ZC-2014-3 - Petition for Zone Change for South West Street, Feeding Hills as submitted by Vanasse Hangen Brustlin, Inc. on behalf of DCJ Realty, LLC - Public Hearing scheduled for October 20, 2014 — Referred to Planning Board and Legislative Committee Council President stated that at approximately 4:55pm that afternoon he received a fax from the Petitioner stating that they wanted to withdraw the zone change petition without prejudice. If they wish to re-petition the Council, they would have to go through the entire permitting process again including all the fees, Planning Board public hearing, etc. Nothing prevents him from bringing it forward again. Therefore, there will be no public hearing this evening regarding this item. As a matter of formality, the City Council will remove it from the Agenda. Motion to remove from the Agenda made by Councilor Letellier and seconded by Councilors Rheault and Cavallo. • The vote was ll YES, 0 NO. Item 10. Old Business 1. TOR-2014-5 - An Ordinance to Amend the Code of the Town of Agawam to w add Section 49-9 entitled Use of Municipal Vehicles(Councilors Donald Rheault and Robert Rossi) (Two Readings Required) Motion to leave on the table made by Councilor Cichetti and seconded by Councilor Cavallo. Councilor Bitzas asked for the revised ordinance to be re-referred to the Legislative Committee so they can make a recommendation. Council President mentioned that he spoke with City Solicitor early in the day to get an update and that he was working on it. Voice vote was unanimous to leave on the table. 2. TOR-2014-7 - An Ordinance to amend certain fees in the Park and Recreation Department(Mayor) (Second Reading) • Motion was made by Councilor Letellier and seconded by Councilor Cavallo. For the public's information, this item is to increase the fees for the Perry Lane Nursery School. 3 • • The vote was 10 YES, 1 No (Councilor Calabrese) approving the second and final reading of TOR-2014-7. 3. TOR-2014-8 - An Ordinance to amend certain fees in the Park and Recreation Department(Mayor) (Second Reading) • Motion was made by Councilor Cichetti and seconded by Councilors Rossi,Cavallo and Suffriti. For the public's information, this item is to increase the fees for the Perry Lane Summer Camp. The vote was 10 YES, 1 No (Councilor Calabrese) approving the second and final reading of TOR-2014-5. 4. TO-2014-20 - An Order Granting a Class 2 Dealer's LICENSE to Agawam Auto Mall,Inc.,825 Springfield Street,Agawam,MA (Clerk) Motion made by Councilor Rossi and seconded by Councilor Perry. Councilor Rossi as Chair • provided the Administrative Committee report. Councilor Rossi made a Motion to consolidate TO-2014-20 through and including TO-2014-25 which was seconded by Councilor Bitzas. All items were given a positive recommendation by the committee. Voice vote to consolidate passed 11-0. • The vote was 11 YES, 0 NO. 5. TO-2014-21 - An Order Granting a Class 2 Dealer's LICENSE to Auto Kraft, 119 Walnut Street,Agawam,MA(Clerk) See item#4 above. • The vote was 11 YES,0 NO. b. TO-2014-22 - An Order Granting a Class 2 Dealer's LICENSE to Dino Carando d/b/a Euro Imports,325 Main Street,Agawam,MA. (Clerk) • See item#4 above. The vote was 11 YES,0 NO. 7. TO-2014-23 - An Order Granting a Class 2 Dealer's LICENSE to Falcor Auto • Sales,Inc.,373 Springfield Street,Agawam,MA. (Clerk) See item 44 above. The vote was 11 YES,0 NO. • 8. TO-2014-24 - An Order Granting a Class 2 Dealer's LICENSE to Parrotta's Auto Service, Inc.,357 Main Street, Agawam,MA.(Clerk) See item 44 above. The vote was 11 YES, 0 NO. 9. TO-2014-25 - An Order Granting a Class 2 Dealer's LICENSE to V&F Auto, Inc.,7 Harding Street,Agawam,MA. (Clerk) 4 • See item 44 above. The vote was 11 YES, 0 NO. i 10. TO-2014-26 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device and Weekly Amusement Permit for American Legion Post 185 --Wilson Thompson,478 Springfield Street,Feeding Hills, MA. (Clerk) Motion made by Councilor Rossi and seconded by Councilors Rheault, Suffriti and Cavallo. Councilor Rossi again provided the Administrative Report sending a positive recommendation to • the Full Council. The vote was 11 YES,0 NO. 11. TOR-2014-9 - An Ordinance to Amend the Code of the Town of Agawam to Add i Section 180-95A to assist the Council in Zone Change Requests involving the Wireless Telecommunications Overlay District(Mayor)(I of 2 Readings) Motion made by Councilor Cavallo and seconded by Councilor Rossi. Councilor Cichetti as Chair provided the Legislative Committee report stating that they discussed this item and it allows the City Council to request a consultant report or survey on cell tower overlay district changes. The committee gave a positive recommendation to the Full Council and the vote was 5- 0. The vote was 11 YES, 0 NO approving the first reading. Item]]. New Business i L TO-2014-27 - An Order Granting a Class 2 Dealer's LICENSE to Bear Auto Sales,517 Springfield Street,Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. i 2. TO-2014-28 - An Order Granting a Class 2 Dealer's LICENSE to Chris Auto South, Inc.,207 Main Street,Agawam,MA. (Clerk) Referred to Administrative Committee, next Agenda. i 3. TO-2014-29 - An Order Granting a Class 2 Dealer's LICENSE to Laugonet, Inc.,61 Ramah Circle South,Agawam,MA (Clerk) Referred to Administrative Committee, next Agenda. 4. TO-2014-30 - An Order Granting a Class 2 Dealer's LICENSE to Malkoon Motors,Inc., 1309 Springfield Street,Feeding Hills,MA.(Clerk) Referred to Administrative Committee,next Agenda. 5. TO-2014-31 - An Order Granting or Renewing a LICENSE for an Automatic i Amusement Device and Weekly Amusement Permit for Ferrentino's Pizzeria & Pub, 1676 Main Street,Agawam,MA. (Clerk) Referred to Administrative Committee, next Agenda. 5 i • 6. TO-2014-32 - An Order Granting or Renewing a Junk Dealer's PERMIT for Agawam Coin and Gold,270 Main Street(Flea Market),Agawam,MA(Clerk) Referred to Administrative Committee, next Agenda. • 7. TO-2014-33 - An Order Granting or Renewing a Junk Dealer's PERMIT for Block Jewelers, Inc.,299 Walnut Street,Agawam,MA(Clerk) Referred to Administrative Committee,next Agenda. • Item 12. Any other matter that may Iezally come before the City Council. Councilor Calabrese reminded everyone of the upcoming election on November 41h and to get out there and vote. Councilors Mineo and Suffriti congratulated Councilor Cichetti on his fine performance at the recent "Dancing with the Local Stars" charity event. He • did a great job. Councilor Suffriti also reminded everyone to have a safe Halloween next week. Councilor Letellier expressed her disappointment at the fact that State Senator Humason and State Representative Boldyga had suggested the South West street site for the zone change to the Petitioner. She felt it showed how out of touch they are with the people of Agawam. Councilor Letellier also praised the new BoardPaq app and iPads and how much time they save as well as paper. Councilor Bitzas thanked everyone for participating in the Harvest Festival and he also mentioned that he went to the Golf Course and asked Tony Roberto for information regarding using Groupons there. He urged the rest of the Council to do the same. • Adiournment. The Motion to adjourn was moved and seconded with all in favor of adjourning. Time of adjournment 8:46pm • • • • 6 •