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09-19-2016 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated September 19, 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 and Kathy Hamel of Mill Street spoke in opposition of the HAP proposal on Mill Street. Corinne Wingard spoke in support of the Stretch Energy Code. Item D. Minutes 1. Regular Council Meeting – September 6, 2016 Motion to approve made by Councilor Rheault and seconded by Councilor Cavallo. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. 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) (Referred to Community Relations Committee) Motion to approve made by Councilor Rossi and seconded by Councilors Suffriti and Johnson. As Chair of the Community Relations Committee, Councilor Bitzas provided his report stating the committee discussed the two properties and that the CPA approved the use of funds for the appraisals which was not to exceed $5000. The committee gave a positive recommendation for passage to the Full Council. Councilor Letellier noted that the administration should have provided more information and backup on the parcels in question as in any studies performed, is the town out of parking spaces at the concerts, etc. Council President mentioned that the Mayor stated in the Agenda Review meeting that it was basically for additional parking and not sure which parcel is better. Councilor Bitzas stated the CPA members recommended it. The vote was 11 YES, 0 NO approving the item. 2. TR-2016-55 - A Resolution confirming the appointment of Michael D. Dobise, 43 Parkedge Drive, Feeding Hills, MA 01030 to the Agawam Municipal Golf Commission for a term expiring on December 31, 2019 (Mayor) Motion to approve made by Councilor Theroux and seconded by Councilor Bitzas. The vote was 11 YES, 0 NO confirming the appointment. . 3. TR-2016-56 - A Resolution adopting the “Stretch Energy Code” for the Town of Agawam (Mayor) (Referred to Legislative Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Calabrese. As Chair of the Legislative Committee, Councilor Theroux provided the report stating that the members from the state gave a thorough presentation on this item. The committee provided no recommendation but wanted the Full Council to have a dialogue regarding the item. Councilor Johnson strongly supports this item stating that we are keeping the Town of Agawam out of the running for state money by not adopting the Stretch Code. He believes this does not put builders in a competitive disadvantage. Councilor Letellier was in favor the first time this came before the Council and most towns have passed this. Councilor Rossi disagreed and is not in favor in past or now. He believes it is not a good fit for the Town of Agawam. The Stretch Code controls our zoning regulations, permitting processes and are more performance based. He believes Agawam should be a green community and created and supported that back in 2011. By passing this item, the town loses local control and is not worth it. Councilor Theroux thinks this is good and encourages the town to put in energy conservation measures. He agrees with Councilor Johnson and thinks it is the wave of the future and is a good program. He noted that the Stretch Code requirements will be here in 2017 anyway. Councilor Calabrese agreed and thanked Mr. Knapic and Mr. Barry from the state for coming to the meeting. Councilors Calabrese, Mineo and Bitzas noted their support of this item. Councilor Cavallo supported the item as well but asked if the money dries up at all and also noted that eventually the town will have to comply with the regulations anyway. Councilor Rheault is not in favor feels the state is waving a carrot in front of the town and then we get stuck with the regulations. He questioned its cost effectiveness. His gut says it is not good for the town and is voting against it. Councilor Rossi stated this item does not have to be passed in order for it to be enacted. The state created this and again stated that this is taking local authority away from the town. Councilor Theroux stated as Chair of the Legislative Committee that yes, the grant money could always be cut but wouldn’t you rather purchase or build a home that is energy rated. The seed money indeed is a carrot but that’s what it is for and it is a good move for Agawam. Councilor Johnson emphasized that this has absolutely nothing to do with local control. The local option that allows us to ask a little more of our builders is not giving up local control and does not affect zoning. In exchange for that, we get to participate in a grant program. The concept is to promote energy efficiency. Councilor Cavallo moved the question which was seconded by Councilor Theroux. The vote was 8 YES, 2 NO (Councilors Rheault and Rossi), 1 ABSTENTION (Councilor Cichetti) moving the item. The vote was 8 YES, 2 NO (Councilors Rheault and Rossi), 1 ABSTENTION (Councilor Cichetti) approving the item. 4. 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) (Referred to Finance Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided a report stating the Chief Sirois is purchasing a new ambulance for the AFD and Emergency Management will be taking the old ambulance. The funds will be coming from the Revolving Account and that this is a lease purchase with three annual payments for its form of financing. 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. 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 (Referred to Legislative Committee) Motion to approve made by Councilor Calabrese and seconded by Councilor Suffriti. Council President opened the Public Hearing. Rob Levesque provided the presentation on behalf of the petitioner, Debra Desmond. These parcels are south of the Garden Restaurant and they are asking that they be changed to Business A and that they have a proposed use with a potential buyer for a business. Councilor Johnson asked if Mr. Patel was an interested party. No one came forward to speak in favor name only, in opposition of or in opposition name only. Council President declared the Public Hearing closed. Councilor Theroux as Chair of the Legislative Committee provided the report stating his committee is sending a positive recommendation for passage to the Full Council by a vote of 5 Yes – 0 No and that the Planning Board send a positive recommendation as well. The vote was 11 YES, 0 NO approving the item. 2. Petition received August 1, 2016 regarding the proposed Mill Street/HAP project – Suggest a Public Hearing date Councilor Johnson suggested that since the Solicitor took no position and gave no opinion as to whether or not this petition is legal and valid, he is concerned that the Council will be setting precedence with online petitions. Councilor Johnson made a Motion to remove the item from the Agenda noting that he would be happy to work with the Petitioners to resubmit another petition in the correct way. Councilor Johnson said this petition doesn’t even come close to being valid in his opinion. The state would never allow it – it’s not the content, it is the petition itself and that’s why he asked for the Solicitor’s opinion but apparently it went way over the Solicitor’s head with his “non-opinion” letter. Council President noted that the Mayor said it was up to the Legislative body to decide. Councilor Johnson said that is absolutely untrue. The State specifically states to get a solicitor opinion and that is why he asked for one from the Solicitor. Councilor Theroux sees both sides of this issue. Can’t we amend the petition and have the public hearing in November? Council President noted that the November meeting would be after the required ninety day turnaround for petitions. Councilor Theroux doesn’t care if it was or wasn’t submitted property and the people need to be heard. Let’s try to find a solution. Councilor Letellier said regardless of feelings, everyone else had to fix petitions if submitted improperly. If we want to change those rules, then change them however we’ve made others change petitions to be properly submitted, then these people should as well. HAP is not going to break down. We should table this until we receive an amended petition. The rules have to apply the same to everyone. Councilor Cavallo agreed with Councilor Theroux but maybe should play it safe like Councilor Letellier stated. Let’s do this right. Councilor Calabrese stated the Council is in this for the long haul but accepting it now could jeopardize the future of this petition. Good call by Councilors Johnson and Letellier – this should be put in the proper format. Councilor Johnson wanted to clarify that the comments are not regarding the contents. He suggests removing the item from the Agenda and resubmit with valid signatures and get a proper question. He is very happy to work with the petitioners to fix things. He is extremely concerned with setting a precedent. Why table this? Just remove it from the Agenda and resubmit. Motion to remove the item made by Councilor Johnson and seconded by Councilor Theroux. The vote was 11 YES, 0 NO removing the item from the Agenda. Item J. Old Business 1. 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) (Referred to Administrative Committee) Motion to approve made by Councilor Rheault and seconded by Councilors Cavallo and Mineo. Councilor Cavallo as Chair of the Administrative Committee provided a report stating his committee gave a positive recommendation to the Full Council The vote was 11 YES, 0 NO approving the item. Item K. New Business 1. ZC-2016-4 - Petition for Zone Change by Cloverleaf Realty Group, Inc. for property between Parcel I9-2-27 and Parcel I9-2-28 located at 0 Suffield Street and 83 Mill Street from Agricultural to Business A in the entirety – Refer to Planning Board and Suggest a Public Hearing date of October 17, 2016 Referred to Planning Board and the Legislative Committee, and the Public Hearing date was set for October 17th. 2. TR-2016-58 - A Resolution accepting a grant in the amount of $1,500.00 from the Massachusetts Department of Environmental Protection Sustainable Materials Recovery Program to the City of Agawam for a Small Scale Incentive. (Mayor) Referred to Finance Committee, Next Agenda. 3. TO-2016-29 - An Emergency Preamble for a Budgetary Transfer (TO-2016-30) Department of Public Works, Reserve Fund 16605-57300 to Department of Public Works, Professional Services 22542-52190 in the amount of $269,875.00 for Emergency Sewer Repair. (Mayor) Motion to move the item from New Business to Old Business from Councilor Johnson and seconded by Councilor Suffriti. Voice vote approved. Motion to approve made by Councilor Johnson and seconded by Councilor Rossi. The vote was 11 YES, 0 NO approving the emergency preamble. 4. TO-2016-30 - A Budgetary Transfer from the Department of Public Works, Reserve Fund 16605-57300 to Department of Public Works, Professional Services 22542-52190 in the amount of $269,875.00 for Emergency Sewer Repair. (Mayor) Motion to approve made by Councilor Rheault and seconded by Councilor Suffriti. As Chair of the Finance Committee, Councilor Johnson noted that they discussed this during ‘any other matter’ with Chris Golba, the Auditor and the Treasurer. There is a 400’ + area at Rt. 57 and Meadow Street intersection that is collapsing. It is no longer round. This needs to get done immediately so there is no disruption of service. The plan is once the funds have been certified; they will come back to the Council and return the funds back to the Reserve Fund. Mr. Golba stated that every day that goes by is dangerous. Councilor Rossi said he had no problem with this but inquired how this happen – how did they discover this – was this damaged when the water line was being worked on by the state? Councilor Johnson stated that this clay piping dates back to the 1930’s. Sewer backups were occurring so DPW sent cameras down and they couldn’t get through the pipe as it was no longer round but collapsing into an oval. They will also check the surrounding areas to ensure those pipes are stable. This is more due to old age than anything else. The vote was 11 YES, 0 NO approving the item. Item L. Any other matter that may legally come before the City Council. Councilor Bitzas stated that first Saturday after Columbus Day is the annual Harvest Festival at School Street. Councilor Rheault asked Chris Golba to perform a traffic study on Mill Street as it is getting quite busy lately. Councilor Theroux added his name to Councilor Johnson’s to assist the petitioners with a new petition and implored the residents of Mill Street to take advantage of this. Councilor Calabrese noted that it is once again robotic season and October 1st is the annual Tournament of Rosie golf tournament. Councilor Letellier said see you at Agawam Day at the Big E. Item M. Adjournment. The Motion to adjourn was moved and seconded. Meeting was adjourned at 8:13PM.