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CC MTG MINUTES NOVEMBER 15 2010 i REGULAR MEETING OF THE AGAWAM CITY COUNCIL • November I S, 2010 President Rheault— Good evening ladies and gentlemen. Welcome to the City Council meeting of November 15, 2010. 0 Item 1. Citizen's Sneak Time President Rheault—We have no one requested for Citizen's Speak Time. Item 2. Roll Call • President Rheault—So I'll ask Barbara to call the roll. ROLL CALL— 10 PRESENT, 1 ABSENT (Councilor Messick) • President Rheault — Ten present, one absent, we have a quorum. Councilor Messick will not be in attendance this evening. She's not feeling well. Item 3. Moment of Silence and the Pledge of Allegiance President Rheault—Please rise for a moment of silence and Pledge of Allegiance. Item 4. Minutes (a) Regular Council Meeting—November 3,2010 i President Rheault — Moved by Councilor Walsh, seconded by Councilor Rossi. Any corrections or additions? If not, voice vote is sufficient. All those in favor? Opposed? Councilor Letellier and Councilor Perry abstain. A Item S. Declaration from Council President None. Item 6. Presentation of Petitions, Memorials& Remonstrances None. Item 7. Report of Council Committees None. i 0 1 • Item 8. Elections • None. Item 9. Public Hearings 1. PH-2010-8—(ZC-2010-2) on the Matter of a Petition by Tirone Development • Corp.,as prepared by Anderson Associates,375 Walnut Street Ext., Agawam,MA for a proposed Zone Change on the vacant lot located at the corner of Spencer Street and Maple Street in Agawam, MA. (Referred to Zoning Review Committee) President Rheault— I now declare the public hearing open and invite — state your name and address and you have up to ten minutes. Rob Leveque - Thank you sir. Good evening. I'm Rob Leveque from R. Leveque Associates. To clarify for the record, R. Leveque Associates prepared the application. President Rheault — Could you please put the microphone up on the — I'm having trouble hearing you. Rob Leveque - Sure. Is that better? Great. Again, good evening. I'm Rob Leveque from R. Leveque Associates and I'm here this evening representing Mr. Joe Tirone and • Tirane Development for a zone change request at 186 Maple Street here in Agawam. If you would be so kind as to look at the screen behind you, we've provided a zoning map. The subject property is located right here on the corner of Spencer Street and Maple Street directly across from the, I guess it's Sutton Place, and we're here this evening requesting a zone change from the current zoning to Residence-B to allow for a duplex or p a condex unit to be constructed on the property. We understand that there is some concern related to spot zoning. As you can see from this map, there are a number of zones just so we are all clear, this area here is all zoned A-2 and this is Agricultural over here and I believe this is multi-family, this is also zoned multi-family and we have business. So where we really find ourselves with this particular lot is right at the nexus of • all of these zoning districts. So we feel confident that this property if re-zoned would not constitute spot zoning. The next plan that we'lI be showing you also shows the property. This gives you kind of the flavor of the neighborhood. This shows Maple Street here and Spencer Street here, the subject property and we have the multi-family use across the street and multi-family use just down the way. Obviously we have some electric utility stuff around the area. We feel confident with what Mr. Tirone is proposing there won't S be anything detrimental to the surrounding neighborhood that happens. We're proposing a condex (John, would you go one more please?) We're proposing a condex unit similar to what you see here. There would be single car garages. The site would be accessed off Spencer Street rather than Maple Street. There was a comment by the Police Department regarding access, clearly the more desirable access is off Spencer Street and we would in fact be accessing off Spencer Street. We feel confident that this unit or these units, these homes would be at a price point of around $170,000.00 which fits right into the values of the surrounding neighborhoods. We did do a quick look at the marketability of the • 2 A surrounding neighborhood and it appears that houses go from anywhere about 5130,000.00 all the way up to about $220,000.00 so that would put us pretty much in the r middle of that zone so we feel confident that what Mr. Tirone is planning to construct here would first of all fit into the surrounding neighborhood. We don't believe it would devalue the nice single family properties in the neighborhood and we herein respectfully request a positive vote for the zone change. If I could back up two slides, sorry one slide, this describes what's allowed in the Residence-A2 and the Residence-B zone. Really the 41 only change here is that duplexes and multi-family are allowed in the A-2 zone and the subject property because of it's size would not allow for the area requirement for a four- family dwelling so we would be looking at only the ability to do a condex and that's a real change here. Other than that, we again, we respectfully request a positive vote. Thank you very much and I'd be happy to answer any questions you may have. • President Rheault — Thank you. Any direct questions from the Council at this point? I guess not. Thank you. Anyone else who would like to speak in favor of the granting? Anyone wishing to speak against the granting of the zone change? Put the microphone, push that button oh I'm sorry I missed the arm. Would you like to take a seat for just a second sir and let him come to the microphone? I did not see the arm, sorry. Vinny Tirone -- Good evening. Vinny Tirone, 396 Meadow Street, Agawam and I wanted to speak in favor of it. Sorry, I actually raised my hand but maybe 1 didn't wave it. This parcel was purchased a couple years ago. It was purchased by Mr. Tirone, Joe Tirone, and when he had purchased it, the property that was there was probably vacant for several years. This property that was there was for the lack of better words was borderline condemned. The property that was there was in very bad condition. If you look at the entire neighborhood, it's a — with no disrespect to the neighborhood — it was probably homes from $130,000.00 to approximately $200,000.00 at the top of the market. Now as an investor's standpoint, if you're purchasing this property, the home was far too deteriorated to actually invest some money into it because then you would be spending $300,000.00 into a property that's if at best $200,000.00. Your only solution is to remove the building and to start again. Now putting a single family home after you've demolished and removed the home you're at that same point again, by the time you're finished developing a single family home, you're into it for far more than it's actually • worth. So as an investor's standpoint, the only thing that you can do is to put a two- family directly across the street from an area of multi-families. So I urge and I respectfully request that people consider this particular parcel as if we're gonna clean up this city and take away some of the homes that was condemned or vacant for the lack of better words and actually put something there that could actually increase some value • rather than right now, it's just being —the tax base on it just on the vacant parcel — so a two-family home and if you saw that picture — the proposal for the two-family home is actually a very nice property and it would actually increase the property value other than the name "duplex" the property that would be proposed to be put into there would be a much nicer property. Thank you very much. • President Rheault—Thank you. Did I miss anyone else? If not, those in opposition? 3 Tony Grasso - Thank you. Good evening everybody. My name's Tony Grasso. I live at 14 Spencer Street, right on the corner, right next to the proposed zone change. I'm here • in opposition. I've gone to the last two Planning meetings. The Planning Board has agreed with the residents and we're here to request that you guys adopt their recommendation. I've been taking care of that property for about eleven years now; I've been living there for eleven years, trying to keep it clean. Putting up a duplex works out great for Mr. Tirone, it also works out great if he puts up a single family home but we all 0 know in reality if I want to sell some day and I've got somebody looking at my house, they're gonna see a duplex. That's the reality of it — people think twice about moving into a neighborhood that has a duplex next to him. That means it's occupied by — it's a transient occupation—okay, people take more pride when they own their own property so what I'm requesting is don't change the chemistry of the neighborhood and you're gonna ! set a precedence now. This is an older neighborhood. It's from the 30's and 40's most of the houses and in regards to his comment that it's gonna increase the value, the houses are kept up very well there. Everybody has a lot of pride in that neighborhood. So I'm asking you not to change the zone —this is spot zoning — and if you change it, you can't take it back. The duplex is there to stay. I spoke to Mr. Tirone when he was taking down • the house, when he was tearing down the house, and his plans were to put up a single family house. I saw the plans to it. I guess what I'm a little disturbed by and I understand he owns the property but your word is supposed to mean something. I think whatever he puts up there, it's gonna be very nice but I would like to see a single family house. We have some submitted letters, hopefully you have those from some of the other neighbors —they're against it. It's mostly an elderly, there are a lot of elderly people in 0 that neighborhood plus it's a narrow street. If you're gonna put a multi-family house there, I'm telling you right now, you're gonna have multiple cars. Maple Street has a lot of, it has a lot of traffic during commuter traffic. You also have a bus stop there. We're gonna have some problems over on Spencer Street. It's an old narrow street. That's why I'm asking that you guys consider what the Planning Board has recommended and don't • spot zone change it. Thank you. President Rheault—Thank you. Anyone else wishing to speak in opposition? I think if we put the mic on top of that again, it amplifies better. A Mark Dintzner —_Mark Dintzner, 970 Springfield Street. I came wondering if anyone was gonna speak about the last time that you overrode the Planning Board. The town has Planning Board. They voted 3-2 to turn down the Garden Street. Eight to zero you overrode them. Planning Board, I understand, voted against this zone change. Sounds Iike tonight, you'lI probably override them again. What do we have a Planning Board for? They study this all the time. That's why the town has a Planning Board —is to look at zoning. That's the sole thing that they do. Who's gonna benefit from what you did on Garden Street? One person in Agawam — Tommy Russo. Who's gonna benefit from this? One person — the developer, not the citizens of Agawam. You see how many kids will move in there. You're quoted as saying we're not gonna bring many children in. Gimme a break. Two-family homes? You're gonna bring children in. $8800.00 per child to educate in Agawam, and you're gonna bring more in in a two-family home than • 4 • you will in a single-family home—a lot more — and the services that we're gonna pay out for those is gonna far exceed what the town will reap in tax benefits. Thank you. • President Rheault — Thank you. Anyone else? Anyone who would like to come forward in name only in support? Anyone who would like to come in opposition in name only against? Any further questions from the Council before I close the public hearing? If not, I now declare the public hearing closed. I'll entertain a motion to put it on the w floor. Moved by Councilor Simpson, seconded by Councilor Rossi. All those in favor? Opposed? It's now open for discussion from the Council. The Zoning Committee has a recommendation and Councilor Messick is not here so Councilor Rossi will fill in for her. Councilor Rossi — Thank you. The Zoning Sub-Committee met on this issue, I don't have the date written down here, I just can't remember and it was open for discussion. Present at the time were Committee members Messick and myself and Councilor Bitzas as part of the sub-committee group. If I recall Councilor Cichetti was there and President Rheault was there also. We opened up the dialogue over there and as I'm looking at the notes over here, there really isn't anything that was very significant that we could say • except that the question was asked of Mr. Tirone about the footprint and he said that the footprint would be 120' by 100', each site having two stories and two bedrooms and he also said that he would like to have a family member stay on one side and rent the other side which was part of it. And there was also a presentation made by Mr. Leveque pretty much the same as what we had here and I would guess it was probably a little bit more in detail but at that meeting, I would like to say that the sub-committee did make a positive r recommendation with a motion passed with 3-0 favor but I have to say that when this sub-committee met all of the information concerning the issues surrounding this zone change were not known to the sub-committee at the time. We did not have a Planning Board report. We did not have any of the abutters' reports before that was made and so I would just like to point that out to the Council prior but that's pretty much the way it �j went. President Rheault — Thank you. Any other Councilor wishing to speak? Councilor Bitzas? Councilor Bitzas — Yes, I'm a member of the Zoning also and I vote in favor of the zoning change and I want to stick with my first vote to the committee and the reason that I vote in favor was the presentation that was done to us, then and now, I don't see much offense to the neighborhood. It's a duplex, it's a home, the way I saw the home here, it looks beautiful and it looks like a home with two doors and of course, two bedrooms, it's not going to bring families with many kids there so that would be a plus for more taxes for small land. And instead to be a vacant area or condemned house, to see something like this in the neighborhood, I don't personally have any problem with the zoning. If it was a zoning change to business or to an industry or something offensive I would vote a thousand times against it but for all the things we had during the meeting of the sub- committee and the 3-0 vote, I'm going to stick with my vote. Thank you. • President Rheault—Councilor Rossi? 5 Councilor Rossi — Thank you. I was as I stated earlier in my presentation from Councilor Messick's notes, I was present at the zoning sub-committee meeting and I did vote to send a positive recommendation but since I have changed my mind after carefully reviewing the information that I had received from the Planning Board and other matters that I have reviewed and I would briefly like to call your attention to a couple of considerations that I had and one was that there was a 5-0 negative recommendation on this particular parcel from the Planning Board. There was I guess not quite a ground swell but a pretty overwhelmingly support from the abutters that they were against this zone change and they were concerned over the values of their property and I think it's a pretty valid point that they're making and one that I can't disagree with. That's something that comes in their mind and I can't speak to that so I'm gonna respect that. * The other issue that was brought up by the Planning Board and this one here I had a little bit more difficulty with was the spot zoning part of it when they called it spot zoning. As I stood back and tried to look at this thing a little bit and I said well Residential A-2 and then you've got the other zoning which calls for multiple, they're both residential areas, what would be the significance of the zone change? But after careful consideration, I had to look at what the laws in Massachusetts are and how they regard spot zoning and spot zoning in and of itself is not actually illegal but the issues that surround that zoning. For example, if the zoning is changed that's inconsistent with the neighborhood and it's changed solely for the benefit of the developer or one person, then it can't legally be supported. There has to be some compelling interest by the community before spot zoning, although scrutinized by the court very carefully I'm sure, before the court would ever allow spot zoning to take place. So that was the issue that was most significant to me and I didn't find any reason or any significant reason to believe that this would be a benefit to the neighborhood by changing the zone and I had to draw the conclusion that the only benefit by changing the zone would be to the developer himself and accordingly I just can't support that. So my position is that I will not be in favor of the zone change. • President Rheault--Councilor Magovern? Councilor Magovern — Councilor Rossi I think covered all my points and he did a very good job. I was concerned about it when I looked at because we did override the Planning Board as Mr. Dintzner said on the last one but I think there were overriding factors as to why we went for Garden Street and it was not a unanimous Planning Board decision whereas this one is a unanimous Planning Board decision and I know the letters that I read from the abutters, from the neighbors, I think that that has to be taken into consideration and for that reason, I agree with Councilor Rossi, I will not be supporting it. President Rheault—Anyone else wishing to? If not, Barbara, would you please call the roll? Eight votes are needed. ROLL CALL —2 YES (Councilors Bitzas and Mineo), 7 NO, 1 ABSENT (Councilor Messick) and 1 ABSTAIN (Councilor Letellier) 6 President Rheault — Two yes, seven no, one absent, and one abstention, you have defeated the zone change. Councilor Perry—Point of privilege, Mr. President? President Rheault—I'm sorry, Councilor Perry? Councilor Perry — Just a reminder that any time this Council does defeat a proposed zone change, we have thirty days that we have to answer to the petitioner in writing as to why we declined the zone change. President Rheault—I didn't hear the end of that, I'm sorry. Councilor Perry — Okay, basically in learning from I think it was the cell tower off by Mushy's, we have thirty days that we have to send a written notice to the Petitioner of the zone change which we defeated as to why we defeated it. Legally we have thirty days and we have to send that to them. Okay? President Rheault—Barbara, take note of that please. 2. PH-2010-9 -(Public Hearing Date Set,for Decenther 6, 2010) TR-2010-46 -A Resolution Adopting a Residential Factor of.823121 Pursuant to Massachusetts General Laws, Chapter 40,Section 56(Referred to Finance i Committee) (Mayor) President Rheault—Any problem with that date? No? So that will be the next meeting. I PH-2010-10-(TR-2010-45)A Resolution Authorizing the Application and Acceptance and Expenditure of a Massachusetts Community Development Block Grant(Referred to Finance Committee) (Tabled 1113110) (Mayor) President Rheault — It's on the table. Moved to take off the table by Councilor Simpson, seconded by Councilor Perry. All those in favor? Opposed? It's off the table. It was referred to the Finance Committee. You have a report? Councilor Walsh - I gave it last time; do you want me to do it again? President Rheault—Well, it's under the item tonight so - Councilor Walsh — Okay, we had a meeting of the Finance Committee, October the 27'h at the Senior Center at 7pm. Committee members present were Dennis Perry, Robert Rossi, myself John Walsh and also in attendance Auditor, Cheryl St. John, Planning & Community Development Director, Deborah Dachos, Andrew Loew from the Pioneer Valley Planning Commission and Councilor George Bitzas was also in attendance. The Resolution Authorizing the Application and Acceptance and Expenditure of a Massachusetts Community Development Block Grant, Deborah Dachos provided the background on the grant noting that we last applied for a CDBG in 1983. Details on the 7 • precise amount of the grant had not been finalized at the time we had our meeting. It was expected to be less than a million dollars. The Pioneer Valley Planning Commission would manage the grant and their fee would be specified in the grant. Ms. Dachos stated that the administration of the grant is very time consuming due to the administrative requirements for the grant and that her department would be unable to devote sufficient time to administer the grant. Andrew Loew stated the Pioneer Valley Planning Commission would prepare the application and in the event that they are no successful in • obtaining the grant there would be no cost to Agawam. The list of projects to be included were sidewalks, roadway improvements on Springfield Street and Bridge Street and housing renovations in north Agawam. There had been little interest in the fagade and sign improvements for the Walnut Street shopping center. Andrew Loew said he should have additional information which would be included in the Councilor's packets on November 110. There was a motion to recommend approval to the Council by Dennis Perry and seconded by Robert Rossi, the vote was 3-0 in favor. President Rheault — As the first time it appeared on the Agenda, we did not have a public hearing scheduled and the Planning Board notified me that it was an oversight on • their part and so we put it down tonight as a public hearing and because we didn't do it the first time, I forgot, and we've got to do it tonight so I now declare the public hearing open — the report should have came after. PH-2010-10 (TR-2010-45) is there anyone here, I'm sorry, Anthony? Are you prepared to present on the town's behalf? Anthony Sylvia—Yes, good evening and thank you. i President Rheault—State your name and address for the record please? Anthony Sylvia — Certainly. Anthony Sylvia, Superintendent of Public Works for the Town of Agawam. As Councilman Walsh explained, the town is pursuing grant funds, a Community Development Block Grant, and the Pioneer Valley Planning Commission (PVPC) is assisting the town with that. Deb Dachos and I have organized a majority of the information that the PVPC will need for submitting that application. With me this evening is Andrew Loew from the PVPC and together we are here to answer any questions the Council may have. The application will comprise a number of projects as was mentioned earlier. It will have a component for housing rehab, sidewalk improvements in the Springfield Street area, ADA being Americans with Disabilities Act transition plan and those would be the components of the application. If there are any specific questions, we are here to answer. President Rheault -- I have a question regarding the sidewalks — who determined what area was the priority on the sidewalks? Anthony Sylvia — I would ask Andrew to speak with information in regards to low to moderate income areas of town. There was a survey done. President Rheault — The main one specifically is Springfield Street, from what point to what point does it go? • 8 Anthony Sylvia — We are looking at the area between Mill Street and Franklin Street at • this time. The larger project scope is going to be from Mill Street all the way to O'Brien's corner, in the area of Rowley Street but this application will include as I said from Mill Street to Franklin. President Rheault — Because the area from Franklin to Moreland which is down just passed the Police Station that's in pretty sad shape and I wondered why that wasn't included. Anthony Sylvia — Budget. We can only spend about $400,000.00 at this time as part of this grant application. The sidewalks are in need of repair in that entire stretch but what • we want to do is do it in a precession instead of doing a section in the middle and then hop back to Mill Street and then maybe do the other section on the Rowley Street end. So we want to try and do this in one direction. Eventually that entire area should be done. • President Rheault—All right. Any questions—Councilor Bitzas? Councilor Bitzas — Thank you Mr. President. Mr. Sylvia, do you know for the residents that are watching us, an amount set aside to help those residents, low income residents, to get some help for roofs or some repairs they can't do it themselves. It is this money allowed to that area only or any other area of the town and how can they apply? Can you enlighten a bit? Andrew Loew — I'm Andrew Loew from the Pioneer Valley Planning Commission and I'd be happy to speak to the housing rehab program. Councilor Bitzas—Thank you sir. Andrew Loew — To the question about essentially the target area, the area where the grant would be, the housing rehab funds would be available, if you look on the second page of your handout where the map is —that's the target area that we've proposed for the ? grant application. That's where the housing rehab candidates would have to come from with the exception of any emergency repairs, they would be eligible for residents Agawam-wide. Councilor Bitzas—Thank you. • President Rheault—Any other questions? Councilor Bitzas — Oh, another question. We talked the last time it was the committee and I just want to know mostly for the other members and the people that are watching . us, it is any cost to the town for you and who pays for you? Any taxpayers money involved and can you explain to that? • 9 Andrew Loew—Sure. Right now, we're free. There's no cost to the town. • Councilor Bitzas—I like that. Andrew Loew — No cost to the town for us to prepare the application. However, if the grant's awarded, the way that we do this with the other communities that we work with is the town is the recipient of the money from the state however we as PVPC would enter • into a contract with the town to administer the funding on behalf of the town. Because the town is technically the recipient, all the controls that are normally in place for public spending by a municipality would still be in place, i.e. all contractor invoices would still be, we would review them and then we would send them to the Treasurer/Collector for review and nothing would be paid until the town signs off. However, PVPC is taking on the large majority of the administrative burden of operating the grant project. Councilor Bitzas — Thank you very much and I think it's a win/win situation and I hope we support it everybody the grant and I hope we work together and do the best job for us. Thank you. • President Rheault—Councilor Letellier? Councilor Letellier — Yes, thank you. Is this a rolling process? I noticed that the applications have to be in by 12I10, so are other people who applied ahead of us getting first consideration or everything's due the tenth and then it gets reviewed? • Andrew Loew —It's not rolling. It's a batch process. It happens once per year. In this case, this is for a — part of the CDBG program called CDF2 — CDF2 communities once they receive money may reapply every other year. So if we were to get it this particular fiscal year, you'd have to take one fiscal year off and then reapply for further funding. President Rheault —Any other questions? Thank you. Is there anyone else who would like to speak in favor? Andrew Loew — For application purposes, we're required to have a sign-in sheet of all • who are present for the hearing so I have a couple of them over here and I'll be distributing them around and even if members of the Council would like to sign, it shows that there was at least some public involvement in the hearing process. Thank you. President Rheault — Thank you. Anyone in the audience who would like to speak in favor of the grant? Anyone who would like to speak against? Anyone who would like to speak in name only? In favor? Please come up to the microphone. David G. Morin—David G. Morin, 437 South Westfield Street. President Rheault — Thank you. Anyone who would like to voice their opposition? If not, any further questions from the Council? I now declare the public hearing closed. What's the Council's pleasure? 0 10 Councilor Letellier—Move to approve the Resolution authorizing the application? • President Rheault — Moved by Councilor Letellier, seconded by Councilor Rossi. Any further discussion? Councilor Rossi? Councilor Rossi—Yea, I just have a comment to make. I guess I would like to say I'm a • little disappointed that we didn't have as much public input as I thought there should be. I know it was advertised and I know that there was flyers made out. I don't know how they got out or how many got out or what the procedures were but I would just hope that the people of Agawam would have taken a little bit more interest to come out on something like this that's as important as it is that's going to affect some of their lives in r this community. This grant is a tremendous opportunity for the town for certain areas. North Agawam, for example, and some other areas in town, some housing situations, other business areas that can be rehabbed will benefit by this Block Grant and citizen participation would go a long way in dispensing some of this money in going into different areas and hopefully maybe if in the future we could get a little bit more • participation and let the people here have some voice into where this money is being spent. I think that would be a valuable thing for that and I think it's a worthwhile project. President Rheault—Thank you. Councilor Bitzas? Councilor Bitzas — Yes, I just want to say that we don't have that many people here but r the people that are watching us and the people they know they already a couple of them they came to me at the restaurants and they say how can we do it so I sent them down to the City Hall, and there was an article in the newspaper and we have the newspaper people here so they hopefully going to report that and the people they would know, and they do know what's going on, they're watching us so this is a win/win and I believe and • I hope that the Full Council will support it. It is $800,000.00 I hope we can get more than that—close to a million —so it's money for us and we can use it and the people there and they can go through the newspapers they can read the article hopefully soon and if they like to go to the City Hall if they qualify, not for everybody, must be low income, they can request some information and they can have it so thank you. I hope you support it. • President Rheault — Any further discussion? Barbara, please call the roll? If you're in favor,vote yes. Six votes required. ROLL CALL— 10 YES, 0 NO, 1 ABSENT (Councilor Messick) President Rheault—Ten yes, one absent, you've approved the Resolution. Item 10. Old Business # 1. TO-2010-43 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—American Legion Post#185—Wilson Thompson,478 Springfield Street,Feeding Hills,MA. (Referred to License Committee) (Clerk) • ll President Rheault — Moved by Councilor Rossi, seconded by Councilor Bitzas. i► Referred to the License Committee, a report by the License Committee? Councilor Rossi—Thank you. Yes, the Committee and I had met—Councilor Simpson, Councilor Magovern and myself—had met and discussed these items and except for one and I will go into that later are voting to send a positive recommendation to the 0 committee. If the Council pleases,I would like to group the first four items to be taken as one vote, I'm sorry, three items - TO-2010-43- An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s) —American Legion Post #185 —Wilson Thompson, 478 Springfield Street; TO-2010-44 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—Polish American Club of Agawam, Inc., 139 Southwick Street, Feeding Hills; and TO-2010-45 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—West Springfield Fish & Game, Inc., 329 Garden Street,Feeding Hills. President Rheault— Is that a motion? Councilor Rossi—Yes it is. • President Rheault — Motion's on the floor to accept and seconded by Councilor Simpson to accept TO-43, -44 and -45. All those in favor? Opposed? Clerk, please call the roll for the granting of the licenses. ROLL CALL-- 10 YES, 0 NO, 1 ABSENT (Councilor Messick) President Rheault — Ten yes, one absent, you've approved the granting of those three licenses. 2. TO-2010-44 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—Polish American Club of Agawam,Inc., 139 Southwick Street,Feeding Hills,MA. (Referred to License Committee) (Clerk) President Rheault—See Item 1 above. • 3. TO-2010-45 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—West Springfield Fish & Game,Inc.,329 Garden Street,Feeding Hills,MA. (Referred to License Committee) (Clerk) President Rheault--See Item 1 above. 4. TO-2010-46 -An Order Granting or Renewing a LICENSE for Class II Dealer—Elmwood—D&.I Auto Sales, 521 River Road,Agawam, MA. (Referred to License Committee) (Clerk) ♦ President Rheault --Moved by Councilor Rossi, seconded by Councilors Magovern and Bitzas. Do you have a report on that one? 12 i Councilor Rossi — Yes. TO-2010-46 An Order Granting or Renewing a LICENSE for Class II Dealer — Elmwood — D& J Auto Sales, 521 River Road — it is the ! recommendation of the sub-committee to table this item until the meeting of December 12'h, that there are property taxes in arrears and this committee will not send a recommendation for approval until those property taxes have been satisfied. So we're going to table this until 12/6. If there's no response by the applicant then this item will be denied. President Rheault—The first time you said the 12'' and then you said the 6" Councilor Rossi — I'm sorry the next meeting — December 6`h. It will be tabled until December 61h President Rheault — Okay, move to table to December 6`h, Councilor Simpson and Councilor Perry seconded. All those in favor? Item's on the table. 5. TO-2010-47 -An Order Granting or Renewing a LICENSE for a Class 11 ! Dealer—Dino Carando d/b/a Euro Imports, 175 Main Street,Agawam,MA. (Referred to License Committee)(Clerk) President Rheault — Moved by Councilor Perry, seconded by Councilor Rossi. All those in favor of accepting the question? And the License Report? ! Councilor Rossi — Yes, Mr. President, if I may the committee would recommend a positive recommendation and I'd like to group Items 2010-47 An Order Granting or Renewing a LICENSE for a Class II Dealer — Dino Carando d/b/a Euro Imports, 175 Main Street; TO-2010-48-An Order Granting or Renewing a LICENSE for a Class 11 Dealer— Garden Auto Sales and Service, 204 Garden Street, Feeding Hills; TO-2010-49 - An Order Granting or Renewing a LICENSE for a Class II Dealer — Luigi's Auto Sales, Inc., 371 South Westfield Street, Feeding Hills; TO-2010-50- An Order Granting or Renewing a LICENSE for a Class II Dealer—Town Motors, II, 393 Main Street, Agawam, MA. President Rheault—All those in favor of combining those four licenses? Any opposed? Barbara, could you call the roll for the granting of those four licenses? • ROLL CALL— 10 YES, 0 NO, 1 ABSENT (Councilor Messick) President Rheault—Ten yes, one absent, you've granted the four licenses. 6. TO-2010-48 -An Order Granting or Renewing a LICENSE for a Class II Dealer—Garden Auto Sales and Service,204 Garden Street,Feeding Hills, MA. (Referred to License Committee) (Clerk) President Rheault— See Item 5 above. 7. TO-2010-49 -An Order Granting or Renewing a LICENSE for a Class II Dealer—Luigi's Auto Sales, Inc.,371 South Westfield Street, Feeding Hills, MA. (Referred to License Committee) (Clerk) • 13 President Rheault— See Item 5 above. 8. TO-2010-50 -An Order Granting or Renewing a LICENSE for a Class 11 Dealer—Town Motors,H,393 Main Street,Agawam, MA. (Referred to License Committee) (Clerk) President Rheault—See Item 5 above. Item IL New Business 1. TR-2010-47 -A Resolution Accepting a Gift in the Amount of Three Thousand ($3,000.00) Dollars from the Brian Simpson Skate Park Memorial Fund Pursuant to Massachusetts General Laws Chapter 44, Section 53A for the Agawam Skate Park(Councilor Simpson) President Rheault—Next Agenda. 2. TO-2010-51 -An Order Granting or Renewing a LICENSE for a Class II Dealer—Balfour Motors, 1801 Main Street,Agawam,MA. (Clerk) President Rheault—Next Agenda. All these are going to the License Committee. 3. TO-2010-52 -An Order Granting or Renewing a LICENSE for a Class 11 Dealer—LaFleur Auto Exchange,374 Main Street,Agawam,MA.(Clerk) President Rheault —Next Agenda. (Referred to the License Committee.) 4. TO-2010-53 -An Order Granting or Renewing a LICENSE for a Class II Dealer—RNK Auto Sales,204 Garden Street,Feeding Hills,MA. (Clerk) President Rheault—Next Agenda. (Referred to the License Committee.) 5. TO-2010-54 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—Scoreboard Bar& Restaurant, 15 King Street,Agawam,MA.(Clerk) President Rheault—Next Agenda. (Referred to the License Committee.) 6. TO-2010-55 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—The Main Street Still,Inc.,858 Suffield Street,Agawam,MA. (Clerk) President Rheault—Next Agenda. (Referred to the License Committee.) Item 12. Any other matter that may legally come before the City Council. President Rheault—Start at my furthest right, Councilor Bitzas? 14 r Councilor Bitzas —Yes, I would like to wish you all and the people of Agawam a Happy • Thanksgiving and best wishes for Christmas holiday season, prosperous and healthy one. Thank you. President Rheault—Thank you. Councilor Simpson? • Councilor Simpson—Nothing tonight. Thank you. President Rheault—Thank you. Councilor Magovern? Councilor Magovern — I'd like to wish everybody a Happy Thanksgiving —my favorite • holiday and again I hope that everybody takes the time with your families to sit and give thanks for what we have and again go out the next day and make Black Friday very successful. President Rheault—Councilor Mineo? Councilor Mineo —I'd just like to wish everybody a Happy Thanksgiving. Thank you. President Rheault—Thank you. Councilor Rossi? Councilor Rossi—Happy Thanksgiving! • President Rheault—Councilor Walsh? Councilor Walsh —Yes, I'd like to wish everybody a Happy Thanksgiving. • President Rheault—Councilor Cichetti? Councilor Cichetti--Also, a Happy Thanksgiving everyone. That's all. Thank you. President Rheault—Councilor Letellier? • Councilor Letellier — I'm sorry. I do want to wish everyone a happy and health Thanksgiving and I hope you are able to enjoy it with your family and friends. I have a question on the Administrative Union Settlement? Cheryl had recommended that the Council pass it because of the early retirement, is that going to come forward on our Agenda? I don't see in on New Business, President Rheault — I have not seen anything. I've written to our attorney for him to draft a Resolution for us to ratify the contract or not ratify it and he has not responded yet. Councilor Letellier—Okay. 15 • President Rheault—But I will follow up on that. • Councilor Letellier — And the Rotary's having its annual holiday concert with Richie Mitnick. I waited but my fellow Rotarians didn't say anything. It will be December 201h which is our second Council meeting for the month of December so some of us will be missing it and I don't remember if it's at the Junior High this year. Anybody remember? For some reason, it's either the Junior High or the High School. Something makes me think it's the Junior High, December 20th; please bring some donations for the Parish Cupboard. Thank you very much. President Rheault--Thank you. Councilor Perry? • Councilor Perry — Yes, thank you Mr. President. I too would like to wish all my colleagues up here on the floor a Happy Thanksgiving to you and all your family, to Barbara, our camera crew and all the people watching I wish you all a happy and healthy, safe Thanksgiving holiday and the second thing is I just wanted to let you know I will not be attending our next meeting which is December 6 h. I'm scheduled for surgery on • December 3rd so -- it's nothing serious — I will be submitting in writing something because it is a very important meeting in regards to the tax factor that we will be setting so I'll submit it to our Finance Committee chairman, Councilor Walsh, just some comments so hopefully you can take those into consideration when you're deciding what the tax factor will be. Thank you. • President Rheault — I believe they've already met, Councilor Walsh has already met with the Finance Committee. Councilor Perry—Yea, I know— • President Rheault— So if you copy— Councilor Perry — I just wanted to give some comments that he might read at the meeting for me that evening. • President Rheault—I was going to suggest a copy to Full Council, all right? Thank you. Councilor Perry—I will do that. President Rheault — And I echo the sentiments of all the councilors on a Happy ! Thanksgiving to all and I'll entertain a motion to adjourn. Moved by Councilor Bitzas and seconded by Councilor Rossi. All those in favor? Opposed? Thank you very much and good evening. * Adjournment. 16