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05-15-17 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated May 15, 2017 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 – 10 PRESENT, 1 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, Council President James Cichetti, Christopher Johnson, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. Councilor Letellier was absent. With ten 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 The following citizens spoke: Maryann Czerpak – sewer project Doreen Prouty – against the solar ordinance as proposed – too limited in scope Henry Kozloski – clarification of all the good that CPA has done for the town Billy Chester – against CPA, put on ballot Corinne Wingard – in support of CPA, revocation is not in Agawam’s best interest Item D. Minutes 1. Regular Council Meeting – May 1, 2017 Motion to approve was moved by Councilor Suffriti and seconded by Councilor Rheault. Voice vote approved with abstention of Councilor Johnson noted. Item E. Declaration from Council President 1. Presentation from Mark Arigoni of Malone & McBroom of the Recreational Needs Assessment and Master Plan Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2017-23 - A Resolution to revoke acceptance of MGL Chapter 44B, §3 through 7 inclusive of the Community Preservation Act (Councilors Bitzas, Calabrese, Cavallo, Suffriti and Theroux) (Referred to Finance Committee) Motion to take the item off the table made by Councilor Theroux and seconded by Councilor Suffriti. As Chair of the Finance Committee, Councilor Johnson provided his report stating that Councilor Bitzas made a brief presentation that while he strongly supports the CPA he also believes that it should be revoked. Councilor Johnson contested the consistency of Councilor Bitzas’ position. Motion to send a positive recommendation to the full Council made by Councilor Calabrese and seconded by Councilor Theroux. Vote 2 Yes (Councilors Calabrese and Theroux) 2 No (Councilors Cavallo and Johnson) and 1 Absent (Councilor Letellier) (motion failed) Discussion began with Councilor Bitzas stating his position that he is in full support of CPA however believes the people should be heard. He then stated he realized the votes would not be there so he would be happy to withdraw it and draft a yes or no non-binding question to be placed on the ballot. Councilor Johnson said CPA is one of the best things to happen in town in the last 25 years and he vehemently supports CPA. He does not support a non-binding question but in the offer of compromise would help Councilor Bitzas (however he would not support it). Councilor Mineo agreed that CPA is the best thing to happen in Agawam. Councilor Rossi stated CPA is a very valuable growth tool in town and is about the greater good of the community. Why would anyone want to get rid of CPA? Councilor Calabrese said she tried to get it on the ballot as well but it was defeated. She loves CPA as well but wants the voters to decide. Councilor Bitzas again stated he did not want to deny the people the right to vote and for the record mentioned that Councilor Rossi opposed many CPA things in the past. Councilor Johnson said the voters don’t have the right to vote on every issue and that’s why councilors are elected to this legislative body – to make those decisions. If voters don’t agree with the decision a councilor is making, then their right is to vote that councilor out of office in November. They can vote him off if they don’t agree with CPA. This issue is about doing what’s right in the Town of Agawam. Councilor Cavallo stated he did not want to be a hypocrite because he agreed to co-sponsor this item however he believes in CPA and will not be supporting the resolution. Motion to withdraw made by Councilor Bitzas and seconded by Councilor Suffriti. The vote was 9 YES, 1 NO (Councilor Calabrese), 1 ABSENT (Councilor Letellier) withdrawing the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. PH-2017-2 (TOR-2017-3) - An Ordinance to amend the Code of the Town of Agawam Zoning ordinances Regarding Commercial Ground Mounted Photovoltaic Installations (Planning Board) (Two Readings Required) (Tabled 4/3/17) ) (Public Hearing continued and tabled to 5/15/17) (Re-referred to the Planning Board and Legislative Committee) Motion to remove the item from the table made by Councilor Calabrese and seconded by Councilor Suffriti. Voice vote approved. Council President reopened the continued Public Hearing. Associate Solicitor Buoniconti gave procedural comments to clear up any confusion regarding this ordinance noting this ordinance is for large scale solar one acre and in larger in size and recommended it be limited to industrial zones only. Carl Pinette spoke in favor of the ordinance being in industrial zones only. Richard Waite spoke in favor in name only. Eversource Attorney Bauer spoke in opposition as the ordinance is currently written. He is in favor of special permits and feels the current ordinance is vulnerable to challenge and could be overturned in court. Having special permitting gives the town the power to reject or have solar projects with their discretion to issue or reject the special permit. He agreed there should be a solar ordinance in place urging the Council to adopt an ordinance requiring special permitting in agricultural areas. Corinne Wingard spoke in opposition as well stating that farmers should have the option to have solar to help defray their expenses to avoid financial hardships. She noted that many of the Kosak Court residents should remember when they first put that neighborhood in, how do they think abutters felt about that neighborhood being put in to the agricultural area? No one else spoke and Council President Cichetti closed the Public Hearing. Councilor Theroux, as Chair of the Legislative Committee, provided his report stating that the committee reviewed the recommendation of Attorneys Buoniconti and Coyle to only amend the current ordinance to allow large scale solar farms in industrial zoned areas. Councilor Rossi referred to the Green Community Act which he stated already says where solar should be zoned. It should be predictably and not arbitrary he stated and large scale solar should not be allowed in agricultural zones. Councilor Johnson thanked the attorneys and applauded their research. We need to protect the residents however Councilor Johnson believes this ordinance puts all of our eggs in one basket and does not help Agawam. We are essentially punting it to the courts as this ordinance unreasonably regulates solar. We need to make it broader. Councilor Theroux stated his Legislative Committee took everyone’s comments seriously and is in favor of expanding the ordinance as well however does not believe it should be located in agricultural zones where residential is mixed in. Councilor Bitzas said it was in the best interest of the town. Councilor Cavallo is in favor of the ordinance admitting that there are many interpretations. He and Council Vice President Mineo are in favor of the ordinance and emphasized the need to protect our citizens. Councilor Suffriti stated he was the only NO vote on the Legislative Committee as he found the ordinance unreasonable. He stated we should allow for a percentage to go into agriculture or allow it by Special Permit. The farmers should have the right to have solar if they want it. Councilor Rossi disagreed with expanding the ordinance. Councilor Rheault moved the question which was seconded by Council Vice President Mineo. The vote was 7 YES (Councilors Bitzas, Calabrese, Cavallo, Mineo, Rheault, Rossi and Theroux), 3 NO (Councilors Cichetti, Johnson and Suffriti), 1 ABSENT (Councilor Letellier) defeating the item. 2. TR-2017-22 - A Resolution adopting the Fiscal Year 2018-2022 Capital Improvement Program (submitted by Mayor Cohen) – Public Hearing Date set for June 5, 2017 (Referred to Finance Committee) Public Hearing will be on June 5, 2017. Item J. Old Business 1. TO-2017-20 - Voucher List for BoardPaq Invoice #1164 in the amount of $1,188.00 (Referred to Finance Committee) Motion to approve made by Councilor Bitzas and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided the report stating that the item involves payment of annual cost of BoardPaq meeting software for the Council. Motion to send a positive recommendation to the full Council made by Councilor Calabrese and seconded by Councilor Theroux. Vote 4 Yes 0 No and 1 Absent (Councilor Letellier) The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item. Item K. New Business 1. TR-2017-24 - A Resolution confirming the reappointment of Sue Drumm, 14 Edward Street, Agawam, MA to the Agawam Housing Committee to a term expiring May 31, 2020 (Mayor) Next Agenda. 2. TR-2017-25 - A Resolution authorizing the appropriation (of $135,762.71 and $33,277.88) to fund deficits in Snow and Ice Overtime and Equipment Rentals Snow Accounts (Mayor) Referred to Finance Committee, next Agenda. 3. TR-2017-26 - A Resolution authorizing the application and acceptance of a Massachusetts Department of Environmental Protection Grant (Mayor) Referred to Finance Committee, next Agenda. 4. TR-201 7-27 - A Resolution A Resolution adopting the Fiscal Year 2018 Annual Operating Budget for the Town of Agawam – Suggest a Public Hearing Date of June 19, 2017 (Mayor) Next Agenda. 5. TO-2017-21 - Voucher List for WB Mason in the amount of $379.99 Referred to Finance Committee, next Agenda. 6. TO-2017-22 - Budgetary Transfer of $1,600.00 from Municipal Golf Fuel & Oil (#652636-52130) to Municipal Golf Overtime (#65261-51030) Referred to Finance Committee, next Agenda. 7. TO-2017-23 - 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, next Agenda. 8. TO-2017-24 - A budgetary transfer (of $6,500.00) from Other Debt Service #16601-57690 to Debt Principal #16601-57600 for $ 6,500.00. (Mayor) Referred to Finance Committee, next Agenda. 9. TO-2017-25 - An Emergency Preamble - 50 Main Street, Agawam, MA- for TR-2017-28 and TR-2017-29 (Councilor Bitzas) Motion to approve made by Councilor Bitzas and seconded by Councilor Calabrese. Councilor Rossi asked what the emergency was and Councilor Bitzas stated it was done this way back when the town purchased the golf course. Councilor Johnson noted without commenting that this is because property at 50 Main Street, Agawam is up for auction and this item would possibly allow us to participate. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the emergency preamble. Council President Cichetti noted that the next two items are to be discussed in Executive Session due to Purpose #6 of the Massachusetts Open Meeting Laws quoting “To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.” He then asked for a Motion to go into Executive Session which was made by Councilor Calabrese and seconded by Councilor Bitzas. Councilor Johnson noted for the record that the reason is that speaking about these items in regular session could have a detrimental effect on the negotiations of the town. The vote to go into Executive Session was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier). Council President Cichetti stated that we would return to the dais to do the final Agenda Item L namely ‘Any other matter that may legally come before the City Council.’ *EXECUTIVE SESSION* 10. TR-2017-28 - A Resolution authorizing the purchase of certain real estate (Councilor Bitzas) EXECUTIVE SESSION 11. TR-2017-29 - A Resolution authorizing the purchase of certain real estate (Councilor Bitzas) EXECUTIVE SESSION *RETURN FROM EXECUTIVE SESSION* 12. TOR-2017-6 - An Ordinance Authorizing Departmental Revolving Funds for FY2018 (Mayor) (Two Readings Required) Taken out of order before #9 and referred to Finance and Legislative Committees, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Suffriti thanked Council President Cichetti for his appointment to the Business Modernization Committee and mentioned he is looking forward to Mr. Peters’ update on Games and Lanes. Councilor Theroux mentioned he and his committee will start working on the ordinance. Council President Cichetti noted that he would be happy to work with the Legislative Committee on new solar ordinance as previously mentioned in the Legislative Committee meeting as well as reminding Councilor Theroux to continue to work on the recreational marijuana ordinance. He looks forward to meeting on that soon. Item M. Adjournment. The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 9:24pm.