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08-07-17 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated August 7, 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 – 9 PRESENT, 2 ABSENT Roll Call was taken with the following councilors present: 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 and Calabrese were absent. With 9 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: Corinne Wingard spoke about the Harold Grinspoon Thermal Imaging Pilot Program Diane Labbe spoke about zone changes taking away our farm land Item D. Minutes 1. Regular Council Meeting – July 10, 2017 Motion to approve made by Councilors Letellier and Rheault and seconded by Councilor Johnson. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2017-41 - A Resolution authorizing the reservation and appropriation of funds from the Community Preservation Fund (CPA) Motion to approve made by Councilor Letellier and seconded by Councilor Johnson. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) approving the item. 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) Motion to approve made by Councilor Theroux and seconded by Councilor Letellier. Councilor Theroux stated he had the pleasure of working with Ms. Gibbons and the Council could show our thanks by supporting her with our vote. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) confirming the reappointment. Council President Cichetti thanked her for her service. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) confirming the appointment. Ms. Smith was thanked for her service by Council President Cichetti. 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) Motion to approve made by Councilor Theroux and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided his report stating that the committee gave a positive recommendation for passage. Councilor Theroux noted that rarely does this happen where we receive such a generous donation and supported the item. Councilor Johnson publicly thanked Mr. Bakos for his extraordinarily generous donation. Mr. Bakos was in the audience and received a round of applause. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) approving the item. Council President again thanked Mr. Bakos for his generosity. 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) Motion to approve made by Councilor Johnson and seconded by Councilor Letellier. As Chair of the Finance Committee, Councilor Johnson provided his report stating that Councilor Johnson wanted to publicly thank the Lion’s Club for its contributions to this playground as well. Councilor Letellier thanked fellow Councilors Bitzas and Johnson who are on the Lion’s Club – the club shared in the fundraising efforts and she was glad the playground is getting the attention it deserves. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) approving the item. 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) Motion to approve made by Councilor Cavallo and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided his report stating that the committee gave a positive recommendation for passage. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) approving the item. 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) Motion to approve made by Councilor Suffriti and seconded by Councilors Mineo, Rheault and Johnson. As Chair of the Finance Committee, Councilor Johnson provided his report stating that The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. 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- Public Hearing Set for September 5, 2017 (Referred to Legislative Committee)(to be withdrawn for revisions) Per the email of the Solicitor on August 3, 2017, this item needed to be withdrawn from the agenda as the zone change request had been substantially revised by the Petitioner. Motion to remove the item from the agenda made by Councilor Johnson and seconded by Councilor Letellier. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) removing the item. 2. 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) Public Hearing Set for September 5, 2017 (Referred to Legislative Committee) Public Hearing Date is set for September 5, 2017. Motion to table until September 5, 2017 made by Councilor Johnson and seconded by Councilor Suffriti.. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) tabling the item. 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) (Second and Final Reading) (Referred to Finance and Legislative Committees) Motion to approve the second and final reading made by Councilor Letellier and seconded by Councilor Johnson. Councilor Rossi stated he could not support this item and found it redundant and contrary to the Town’s Charter. He thought the Council should weigh their decision carefully as it is the Mayor’s responsibility to submit the CIP to the City Council. Councilor Theroux felt this ordinance is reactionary to the budget situation and agreed with Councilor Rossi. Councilor Letellier respectfully disagreed. This is meant to be complimentary to the Mayor’s power not usurp his power. The Mayor has always said don’t talk to my department heads and this ordinance would enhance communication and transparency. She noted that every year we receive the budgets late and the reason she personally waits to make comments at budget time is so the public can at least know what is going on. The Council is not involved in any of the process and the public has a right to know what is going on. Having this ordinance creates more transparency and it is the Council’s job to dissect the information it is given. Councilor Mineo agreed with Councilor Letellier and noted that this creates a check and balance and firmly believes it is complimentary to the process. Councilor Cavallo agreed with Councilor Letellier as well. There will be a new mayor for this next budgetary process and he believes the new mayor would likely be receptive to this open communication. The Council is the legislative branch of government and we need to look to change the communication with the Council. Councilor Rossi read parts of the Charter and believed it will come back to haunt the Council. Councilor Johnson stated that he finds no conflict whatsoever with the Charter. If anything, this ordinance would provide more information for analysis in the process. In fact, a bulk of the proposed committee would be made up of department heads. The subsection that Councilor Rossi read recognizes the Mayor’s right and duty to submit a CIP to the City Council and this does not in any way take that right away. Councilor Rheault asked if the Mayor agreed or disagreed with this item in the Agenda Review meetings. It was noted that the Mayor stated it was not necessary to have this and it was our item and the Solicitor stated it went against the Charter. Councilor Rheault stated that as the eldest member of the City Council, there was a disruption of government back when we first had a town manager. Councilor Cavallo didn’t see it as a big issue and more importantly, people need to communicate more – this was not a negative – simply the City Council wanting to be included in and looking for more information in the process. Motion to table made by Councilor Mineo and seconded by Councilor Theroux. The vote was 8 YES, 1 NO (Councilor Cavallo), 2 ABSENT (Councilors Bitzas and Calabrese) tabling the item. 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) (Second and Final Reading) (Referred to Finance Committee) Motion to approve the second and final reading made by Councilor Theroux and seconded by Councilors Letellier and Suffriti. Council President Cichetti mentioned that this item needed to be amended per the Memo by the Solicitor adding the seasonal custodian to the ordinance. Councilor Johnson inquired if it could be amended after the first reading had already taken place. Council President Cichetti stated we asked that same question in the Agenda Review earlier that day and was told by the Solicitor that it could be amended. Motion to amend made by Councilor Johnson and seconded by Councilor Letellier. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) tabling the item. Main Motion as amended made by Councilor Theroux and seconded by Councilor Letellier. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) approving the second and final reading as amended. Item K. New Business 1. TR-2017-48 - A Resolution to appropriate and authorize borrowing in the amount of $1,290,675.88 for engine replacement and fleet improvement project (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 2. TR-2017-49 - A Resolution authorizing the adoption of Orders of Taking for the Morgan Sullivan Bridge Project under the authority of Section 14 of Chapter 40 and Chapter 79 and Chapter 84 of the General Laws for the construction and maintenance of the Morgan Sullivan Bridge Project (Sponsored by Mayor Cohen) Referred to next Agenda which will be the only item heard at the Special Meeting on August 14, 2017. 3. TO-2017-28 - Voucher List for MMA Annual Dues $5,434.00 Referred to Finance Committee, next Agenda. 4. ZC-2017-3 - Petition for Zone Change by Vitaliy Hrom for property located at 1178 Suffield Street, Agawam from Industrial to Residence B – Suggest Public Hearing date of September 18, 2017 and refer to Planning Board for their Public Hearing Referred to Legislative Committee, next Agenda. The item will also be referred to the Planning Board for their public hearing as well. 5. ZC-2017-4 - Petition for Zone Change by Halladay Farm Trust for property located at 311 Shoemaker Lane from Agricultural to Industrial B and Residential A-3 District - Suggest a Public Hearing date of September 18, 2017 and refer to Planning Board for their Public Hearing Referred to Legislative Committee, next Agenda. The item will also be referred to the Planning Board for their public hearing as well. 6. TOR-2017-10 - An Ordinance to amend the Code of the Town of Agawam Zoning ordinances to add solar energy systems (Sponsored by Councilors Cichetti, Mineo and Suffriti) (Two Readings Required) – Suggest a Public Hearing date of September 18, 2017 and refer to Planning Board for their Public Hearing Referred to Legislative Committee, next Agenda. The item will also be referred to the Planning Board for their public hearing as well. Item L. Any other matter that may legally come before the City Council. Councilor Cavallo stated he would give his Administrative Committee meeting at the Special Meeting on August 14th. Councilor Suffriti wanted to publicly thank Mr. David Peters for tearing down Games & Lanes. He took it over in April of 2016 and fifteen months later it was down. Council Vice President Mineo inquired about Ceasar’s and asked for an update. Councilor Cavallo stated he had spoken to the Building Inspector who said there wasn’t much he could do. Councilor Letellier argued that there is money in the blighted property account and that could be used. Council President Cichetti reminded everyone that Monday, August 14th would be a Special Meeting with the only agenda item being land takings resolution. The meeting would be at the library at 7:00pm. Item M. Adjournment. The Motion to adjourn was moved by Councilor Theroux and seconded all around. Meeting was adjourned at 7:42pm.