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07-10-17 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated July 10, 2017 Meeting was called to order by Council President Cichetti at 7:00pm in the Community Room at the Agawam Public Library, 750 Cooper Street, Agawam. Item A. Roll Call ROLL CALL – 10 PRESENT, 1 ABSENT Roll Call was taken with the following councilors present: 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. Councilors Bitzas was absent. With 10 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: William Clark on CPA issues along with farmland Violet Hall on hemp store Paul Jennings on the Housing Production Plan Corinne Wingard on the Housing Production Plan Item D. Minutes 1. Regular Council Meeting – June 19, 2017 Motion to approve made by Councilor Theroux and seconded by Councilor Suffriti. Voice vote approved noting the abstention of Councilor Rheault. 2. Special Council Meeting – June 22, 2017 Motion to approve made by Councilor Theroux and seconded by Councilor Mineo. Voice vote approved noting the abstention of Councilors Rheault, Letellier and Cavallo. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2017-36 - A Resolution to adopt a Housing Production Plan (Sponsored by Councilors James P. Cichetti and Christopher C. Johnson) (Tabled 6/19/17) Motion to remove from the table made by Councilor Theroux and seconded by Councilors Johnson and Mineo. Voice vote approved. Motion to approve made by Councilor Calabrese and seconded by Councilor Johnson. Discussion began with Councilor Theroux stating he would vote for this although he has more issues with the original legislation from the 1960’s. He is in favor of affordable housing and wished it was fairer to our community. Councilor Cavallo expressed similar sentiments and noted Agawam is picked because of our available land. Councilor Rossi noted he is not a fan of 40B and that there are a lot of abuses. He believes there should be something created to better benefit the Town of Agawam. Councilor Johnson stated Chapter 40B has been around for 40 years and can’t deny affordable housing by saying “not in my backyard”. He noted that the Town of Agawam is not being singled out and the last affordable housing built in town was Pheasant Hill some thirty years ago. We cannot stop affordable housing from coming to Agawam as Mr. Jennings accurately pointed out during Citizen’s Speak Time. The town needs to meet a certain percentage of affordable housing. With this plan, we could reach ‘safe harbor’ status which would give us some control. If we turn down this plan, we have absolutely no control. If you are not afraid of Chapter 40B then you don’t know the law he stated, and that it is not going away. Councilor Johnson stated the town needs this. Councilor Theroux applauded Councilors Cichetti and Johnson and Marc Strange for doing a good job in crafting this resolution. Councilor Rossi asked will this indeed give us safe harbor status. The short answer was yes with the inclusion of Soldier On and the future HAP project on Mill Street. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Bitzas) approving the item. 2. TR-2017-39 - A Resolution to waive the right of first refusal for land classified under M.G.L. Chapter 61A located at 497 South Westfield Street, Feeding Hills, MA. (Sponsored by Mayor Cohen) (Referred to Community Relations Committee) Motion to approve made by Councilor Rheault and seconded by Councilor Letellier. As Vice Chair of the Community Relations Committee, Councilor Letellier provided a report stating that the committee sent a positive recommendation for passage to the Full Council. Councilor Johnson made a Motion to amend stating the approval should be pending statutory notice to all interested parties (Assessor’s, Planning Board and Conservation Commission) per Chapter 61A and this should have been caught by the Law Department. The vote on the amendment was 10 YES, 0 NO, 1 ABSENT (Councilor Bitzas) approving the amendment. Motion to approve as amended made by Councilor Johnson and seconded by Councilors Rheault and Letellier. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Bitzas) approving the item as amended. 3. TR-2017-40 - A Resolution to rescind TR-2014-38 and return $447,502.00 to the Community Preservation Historical Fund Balance (CPA) (Referred to Finance Committee) Motion to approve made by Councilor Theroux and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided a report stating that the committee sent a positive recommendation to the Full Council with a vote of 5 YES, 0 NO. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Bitzas) approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings None. Item J. Old Business 1. TOR-2017-7 - An Ordinance to Add Section 3-8.7 to the Code of the Town of Agawam entitled Capital Improvement Planning Committee (Sponsored by Councilors Cichetti, Mineo and Suffriti) (1 of two readings) (Referred to Finance and Legislative Committees) (Tabled 6/19/17) Motion to remove the item from the table made by Councilor Cavallo and seconded by Councilors Letellier and Suffriti. Voice vote approved. Motion to approve the first reading made by Councilor Suffriti and seconded by Councilors Letellier and Mineo. Council President Cichetti noted that this was crafted to create more transparency and give the City Council and School Committee seats at the table during the process. Councilor Cavallo said it was an excellent idea and was very proactive. Councilor Letellier stated that in all her twenty years on the City Council the ONLY Mayor who EVER asked for City Council input was Mayor Dawson and had the most transparent budget. If the current Mayor wanted more transparency he would include the City Council earlier. She did say she would prefer a City Council sub-committee instead of this ordinance but would be fine supporting it. Councilor Theroux noted that each mayor has their own style and we have our own role in the process and appointing department heads on committees to work with the City Council could be problematic. Councilor Rossi thought this was redundant and agreed with Councilor Letellier. Councilor Theroux did concede that it would help to be at the table earlier in the process even though this item comes to the Council for a vote. Council President Mineo said he’s never remembered any one councilor or as a group being asked to sit at the table and participate earlier in the process and know information ahead of time. Councilor Rossi agreed and stated that the City Council has been shut out for too long and we need to have a VOICE. Councilor Cavallo mentioned that the School budget was very transparent and met with the Council early in the process and along the way and is very effective. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Bitzas) approving the first reading. 2. TOR-2017-8 - An Ordinance to amend Section 49-7(9)(D)(1) of the Code of the Town of Agawam to update the hourly wages for seasonal laborers and Meals on Wheels drivers (Sponsored by Mayor Cohen) (1 of two readings) (Referred to Finance Committee) Motion to approve made by Councilor Theroux and seconded by Councilors Johnson and Mineo. As Chair of the Finance Committee, Councilor Johnson provided a report stating that the Finance Committee send a positive recommendation for approval with a 5 YES, 0 NO vote and that this item simply brings them up to minimum wage. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Bitzas) approving the first reading. Item K. New Business 1. TR-2017-41 - A Resolution authorizing the reservation and appropriation of funds from the Community Preservation Fund (CPA) Next Agenda. 2. TR-2017-42 - A Resolution confirming the reappointment of Shelby Hall-Gibbons, 49 Anvil Street, Feeding Hills, MA. to the Agawam Board of Registrars to a term expiring April 1, 2020 (Sponsored by Mayor Cohen) Next Agenda. 3. TR-2017-43 - A Resolution confirming the appointment of Alice Smith, 523 North Westfield Street, Feeding Hills, MA to the Community Preservation Act Committee to an unexpired term expiring April 30, 2019 (Sponsored by the City Council) Next Agenda. 4. TR-2017-44 - A Resolution accepting a gift in the amount of $35,000.00 from John Bakos pursuant to M.G.L. chapter 44, Section 53A for the pickle ball courts at Borgatti Field (CPA) Referred to Finance Committee, next Agenda. 5. TR-2017-45 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation funds for the creation and rehabilitation of a playground at Perry Lane (CPA) Referred to Finance Committee, next Agenda. 6. TR-2017-46 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation funds for the preservation of a historical safe (CPA) Referred to Finance Committee, next Agenda. 7. TR-2017-47 - A Resolution authorizing the expenditure of Community Preservation funds for the creation of pickle ball courts at Borgatti Field (CPA) Referred to Finance Committee, next Agenda. 8. ZC-2017-2 - Petition for Zone Change by Halladay Farm Trust for property located at 311 Shoemaker Lane from Residential A-3 and Agricultural to Industrial B District – suggest Public Hearing Date Referred to Legislative Committee and suggested a Public Hearing date of September 5, 2017. Councilor Johnson made a Point of Information to refer the item to the Planning Board for their public hearing and recommendation. 9. TOR-2017-9 - An Ordinance to amend Chapter 180 of the Code of the Town of Agawam – Temporary Moratorium on recreational marijuana establishments (Sponsored by Mayor Cohen) (Two Readings Required) Referred to Legislative Committee and suggested a Public Hearing date of September 5, 2017. Councilor Johnson made another Point of Information to refer the item to the Planning Board for their public hearing and recommendation. Item L. Any other matter that may legally come before the City Council. Councilor Suffriti said TEAR IT DOWN and mentioned he would be attending the BMC (Business Modernization Advisory Committee) on Wednesday July 12th and will report back to the Council. Councilor Cavallo mentioned that Murphy’s looks like they are doing a heck of a job in renovating the parking lot. Item M. Adjournment. The Motion to adjourn was moved by Councilor Theroux and seconded all around. Meeting was adjourned at 8:30pm.