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09-06-2016 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated September 6, 2016 Meeting was called to order by Council President Cichetti at 7:00pm in the Auditorium of 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, Council President James Cichetti, Christopher Johnson, Gina Letellier, Council Vice President Joseph Mineo, Donald Rheault Robert Rossi, Anthony Suffriti and Richard Theroux. With eleven 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 Collette Parsons of 568 Mill Street spoke about the HAP/Mill Street project and their proposal for the town to try to have HAP exchange the Mill Street property for the Tuckahoe turf farm property. Henry Kozloski of 102 Meadow Street also spoke regarding the CPA town hall roof application and the obligation of the CPA to follow the law. Item D. Minutes 1. Regular Council Meeting – August 1, 2016 Motion to approve made by Councilor Rheault and seconded by Councilor Rossi. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2016-52 - Resolution confirming the appointment of Anne Marie LeGrand, R.N., B.S.N., M.H.S., PAC, 661 Barry Street, Feeding Hills, MA 01030 to the Board of Health to a term expiring the first Monday in February, 2019 (Mayor) Motion to approve made by Councilor Letellier and seconded by Councilor Cavallo. There was no discussion on the item. The vote was 11 YES, 0 NO approving the item. 2. TR-2016-53 - A Resolution authorizing the borrowing and appropriation in the amount of $259,900.00 for Engineering Services necessary to perform an infiltration inflow analysis. (Mayor) (Referred to Finance Committee) Motion to approve made by Councilor Theroux and seconded by Councilor Mineo. As Chair of the Finance Committee, Councilor Johnson provided his report stating this analysis is required by law (as reported by Chris Golba, Director of DPW). This is a three-phase project (1) analysis (2) determination of the problem areas and (3) construction. Councilor Johnson reported that state law requires that the work be completed by the end of 2017. The committee sent a 5-0 positive recommendation for approval to the Full Council. Councilor Rossi asked the question why this couldn’t be done within the town’s Engineering Department. Council President stated that the Mayor told him in the Agenda Review meeting that this has to be completed by an independent engineer. The vote was 11 YES, 0 NO approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. (PH-2016-4) ZC-2016-1 - Petition for Zone Change by Cloverleaf Realty Group, Inc. for property located at 0 Suffield Street and 83 Mill Street from Residence A-2 Agricultural and Business A to Business A in entirety - Public Hearing set for Sept 6, 2016 (Referred to Legislative Committee) Motion to approve made by Councilor Rheault and seconded by Councilor Calabrese. Council President declared the Public Hearing open. Filipe Cravo from R. Levesque Associates made the presentation on behalf of Thomas Murphy. He mentioned that the site plan is on the Planning Board’s agenda within the next two weeks and includes buffering fences and landscaping to block headlights. Councilor Johnson asked if the plan included any building expansion to which he answered no. Tom Murphy spoke in favor saying he continues to be a good neighbor taking into their issues into account. He will continue to work to beautify the property and be user-friendly. Councilor Bitzas asked if Mr. Murphy planned on addressing the issues from neighbors that arose during Public Hearing and Tom said of course and said they are planting more arborvitaes. Councilor Suffriti appreciated his efforts to beautify the area and asked if he was planning on improving the lighting in the parking lot once it is made bigger and suggesting keeping the neighbors in his thought-planning process. Mr. Murphy stated there were no plans to change or increase the lighting as he felt it was quite sufficient and safe as is. No one else spoke in favor or in favor name only. Brenda Lamagdeleine of 5 Gunn Geary Lane had quite a few issues as she abuts the parking lot. The noise in the parking lot is quite loud and the lights shine into her house. She expressed quite a few concerns. David from 91 Mill Street also expressed concerns about the noise and feels that in the future the owner may wish to build a deck and have outdoor music. This really concerned him. No other residents spoke in opposition or in opposition name only. Council President declared the Public Hearing closed. As Chair of the Legislative Committee, Councilor Theroux provided a report stating his committee gave a 4 Yes, 0 No, 1 Absent positive recommendation to the Full Council. He commented that all these issues raised by the citizens should be brought to the attention of the Planning Board during site plan approval. Councilor Letellier reminded the citizens that different boards do different things and the Planning Board is the one that looks into these issues but thanked them for voicing their opinions. Councilor Johnson stated that everyone is bound by the Planning Board’s site plan approval and if the owner intended on building a deck for outdoor entertainment, then he would have to go back to the Planning Board for site plan approval for that or any other changes to the originally approved site plan. The vote was 10 YES, 0 N0, 1 ABSTENTION (Councilor Rossi) approving the zone change. 2. (PH-2016-5) ZC-2016-2 - Petition for Zone Change by Tirone Development Corp. for property located at 186 Maple Street from Residential A-2 to Residence B District - Public Hearing set for Sept 6, 2016 (Referred to Legislative Committee) Council President stated that Mr. Tirone emailed his desire to withdraw this item. The vote was 10 YES, 0 NO, 1 ABSTENTION (Councilor Letellier) withdrawing the item. 3. ZC-2016-3 - Petition for Zone change by Debra Ann Desmond for property located at Main Street from Residential A-2 to Business A District – Suggesting a Public Hearing date of Sept. 19, 2016 and Refer to Planning Board for their public hearing The Public Hearing on this item is set for September 19, 2016. Item J. Old Business 1. TO-2016-26 - Voucher for $5,301.00 (MMA annual dues) (Referred to Finance Committee) Motion to approve made by Councilors Rossi and Letellier and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson previously gave his report on this item stating his committee gave a 5-0 positive recommendation for passage. The vote was 11 YES, 0 NO approving the item. 2. TO-2016-27 - Order Granting or Renewing a Junk Dealer’s PERMIT for Block Jewelers, Inc. located at 299 Walnut Street, Agawam, MA. 01001 (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilors Johnson and Rossi and seconded by Councilor Cavallo. As Chair of Administrative Committee, Councilor Cavallo provided his report stating that his committee had no problem with the permit and gave a 4-0 with one absent positive recommendation for passage. The vote was 11 YES, 0 NO approving the item. Item K. New Business 1. Petition received August 1, 2016 regarding the proposed Mill Street/HAP project – Suggest a Public Hearing date of October 3, 2016 Next Agenda. 2. TO-2016-28 - Order granting or renewing a Junk Dealer’s PERMIT for John’s Trucking of Agawam, Inc., 415 Silver Street, Agawam, MA. (Clerk) Next Agenda, referred to Administrative Committee. 3. TR-2016-54 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation funds to fund the appraisals of properties abutting town-owned land (CPA) Next Agenda, referred to Community Relations Committee. 4. TR-2016-55 - A Resolution confirming the appointment of Michael d\D. Dobise, 43 Parkedge Drive, Feeding Hills, MA 01030 to the Agawam Municipal Golf Commission for a term expiring on December 31, 2019 (Mayor) Next Agenda. 5. TR-2016- 56 - A Resolution adopting the “Stretch Energy Code” for the Town of Agawam (Mayor) Next Agenda, referred to Legislative Committee. 6. TR-2016-57 - A Resolution authorizing the appropriation of funds to finance the lease to purchase agreement by the City of Agawam Fire Department to purchase a 2016 Custom Red Titan Ambulance (Mayor) Next Agenda, referred to Finance Committee. Item L. Any other matter that may legally come before the City Council. All the councilors wished everyone a great school year and reminded everyone to drive safely. Councilor Rossi made a Point of Information asking if we could delay the public hearing a meeting or two to address or look into some of the concerns raised during Citizen’s Speak Time. He also gave kudos to the Beautification Committee on how awesome the flowers around town look however he asked that a memo be sent to the Zoning Board of Appeals to have people stop putting signs in the flower pots. Councilor Mineo informed everyone of a fundraiser for the West of River Family Center on Tuesday, 9/13 and to try to attend as they are just keeping their heads afloat. Councilor Cavallo spoke about the AHS Hall of Fame fundraising reception in October. Councilor Bitzas mentioned the September 11th remembrance ceremony at 9:30AM at the Agawam Fire Department on Main Street. Councilor Suffriti cautioned people to be mindful of students and buses and to drive safely. Councilor Johnson prompted everyone to get out and vote at the Primary on Thursday. Item M. Adjournment. The Motion to adjourn was moved by Councilor Bitzas and seconded by Councilor Calabrese. Meeting was adjourned.