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09-18-17 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated September 18, 2017 Meeting was called to order by Council President Cichetti at 7:00pm in the Auditorium at 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. With11 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: Billy Chester – asked for an update on the profit/loss of golf course Doreen Prouty – commented on the proposed solar ordinance stating it was basically well-written and a great start but needs to look further at Planning Board and her ZBA comments. She stated it was not realistic to not have it in agricultural William Clark – discussed recent petitions, sidewalk pavement program, updating that program Peter McNair – thanked APD, DA’s office and Mass State Police for solving the Lisa Ziegart case Henry Kozloski – provided information regarding CPA and all that is has done for the town Corinne Wingard – Noted the upcoming Meet the Candidate evenings at the library from 5:30 to 7:30. Tuesday, 10/3 for City Council candidates and Wednesday, 10/4 for mayoral and School Committee candidates Joe Moore – proposed reigniting the anti-bullying campaign in town noting our kids are the future and the need to stand up against bullies Item D. Minutes 1. Regular Council Meeting – September 5, 2017 Motion to approve made by Councilor Theroux and seconded by Councilor Cavallo. Voice vote approved. Item E. Declaration from Council President Council President asked Councilor Suffriti to provide a report of the BMC Committee to the Full Council who stated the committee recently met on Tuesday, 9/12 and hosted Jeff Daley (CJC Development Advisers) who provided an overview of the district improvement financing program also known as (DIF). He described how the program could benefit Walnut Street Ext. The consensus of the committee was that we should further explore creating the DIF district. There are multiple moving targets going on at once but the first step is creating the DIF district which will also help real estate groups market the properties (and hopefully attract higher and developers). The BMC Committee has requested to move forward with creating the DIF district and sent a letter to the Mayor for consideration. If he agrees and the DIF moves forward, it will eventually come before the City Council for a vote. Item F. Presentation of Petitions, Memorials & Remonstrances 1. TR-2017-50 - A Resolution authorizing the posting of the warrant for the Town Primary Election on October 10, 2017 and the Town General Election on November 7, 2017 (Sponsored by Mayor Cohen) Motion to approve made by Councilor Calabrese and seconded by Councilors Johnson and Letellier. The vote was 11 YES, 0 NO approving the item. 2. TR-2017-51 - A Resolution accepting a FY2018 Traffic Enforcement Grant in the amount of $10,000.00 from the Executive Office of Public Safety and Security (EOPPS) to the Town of Agawam Police Department (Sponsored by Mayor Cohen) (Referred to Finance Committee) Motion to approve made by Councilor Calabrese and seconded by Councilor Suffriti. As Vice Chair of the Finance Committee, Councilor Calabrese provided a report stating that the committee sent a unanimous positive recommendation to the Full Council. 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-2017-9 (ZC-2017-3) - Petition for Zone Change by Vitaliy Hrom for property located at 1178 Suffield Street, Agawam from Industrial to Residence B (Tabled 9/5/17) (Referred to Legislative Committee) Motion to remove the item from the table made by Councilor Theroux and seconded by Councilor Cavallo. Main motion to approve made by Councilor Calabrese and seconded by Councilor Suffriti. As Chair of the Legislative Committee, Councilor Theroux provided the report stating his committee sent a negative recommendation to the Full Council on this item. Council President Cichetti declared the Public Hearing open. No one spoke in favor of the item or in favor name only and no one spoke in opposition or in opposition name only. Council President Cichetti declared the Public Hearing closed. The vote was 0 YES, 11 NO defeating the zone change. 2. PH-2017-10 (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 (Tabled 9/5/17) (Referred to Legislative Committee) Motion to remove the item from the table made by Councilor Theroux and seconded by Councilor Suffriti. Main motion to approve made by Councilor Suffriti and seconded by Councilor Johnson. As Chair of the Legislative Committee, Councilor Theroux provided the report stating his committee sent a negative recommendation to the Full Council on this item. Council President Cichetti declared the Public Hearing open. Tim Zielinski presented this zone change to the Council stating he and his family has owned this land for 25 years. He does not believe this zone change constituted spot zoning as mentioned by the Planning Board and he would be willing to do a deed restriction if necessary. Zachary Thomas of Atlantic Engineers also spoke in favor of the zone change stating the solar array would be shielded by trees and the as is the land would be a poor location for any buildings. Solar would be a good fit. Attorney Joseph Pacella also spoke in favor and specifically about there being no credible argument or rational basis supporting spot zoning. Tim Zielinski also mentioned there was no downside to this zone change. It provided a quiet and clean tax base and was a win/win for Agawam. Nancy and William Bobskill of Columbia Drive also spoke in favor of the zone change. No one spoke in favor name only. Dave Fleury spoke in opposition stating while there were many good points of the zone change it is not a good use. He lives in the house which would overlook the solar array and is not in favor. In the long run, it was not in the town’s best interests. Carl Pinette also spoke in opposition stating that he is against all zone changes that would allow solar on agricultural zones. Jean Cresotti mentioned this would affect a lot of people. William Clark is very concerned with losing agricultural land in town. Elizabeth Maher also opposed the zone change noting the City Council needs to think of the residents nearby. Dale Boglisch also mentioned that if no one opposed it, then maybe it could be worked out but you have to think of the neighbors. He would think it was okay for a Special Permit so it could remain agriculturally zoned. Marsha Pinette also spoke in opposition as did Aline Stolar, Charlene and Richard Waite who spoke in opposition name only. Council President declared the Public Hearing closed. Councilor Cavallo stated we needed to look at the tax revenue and the town is really not benefitting from this and that the Council needs to take its time and do it right. Councilor Calabrese stated the job of the City Council is the legislative body and we should not be taking action out of fear. She felt it was unfair to make a zone change in this area and is opposed to the zone change. Councilor Theroux noted he isn’t looking at the context of solar however more importantly at a zone change for this area. Once it is changed, the town has no control over what goes there. Councilor Rossi stated his feelings on zone changes were quite clear. He also stated industrial is by right solar – we need to think of what is best for the town and look at the master plan to see if any industrial areas need solar. Councilor Bitzas opposed it as well. Councilor Johnson stated he wanted to go on record that he isn’t against solar however once we make a zone change, it is changed forever. After the solar array goes away, we have no control on what could go there. Councilor Rheault opposed because it wasn’t the best use for the land and doesn’t fit. The vote was 0 YES, 10 NO, 1 ABSTENTION (Councilor Letellier) defeating the zone change. 3. PH-2017-11 (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) (1 of two readings) (Tabled 9/5/17) (Referred to Legislative Committee) Motion to remove the item from the table made by Councilor Theroux and seconded by Councilors Bitzas and Johnson. Main Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. As Chair of the Legislative Committee, Councilor Theroux provided his report stating his committee sent a negative recommendation to the Full Council on this item as they felt it should stay in industrial zone by right. Council President Cichetti declared the Public Hearing open. Nancy Bobskill spoke in favor of this item stating we needs to move forward as a town toward clean energy as did Corinne Wingard who stated that allowing this on agricultural allowed farmers to improve their finances and would work by Special Permit to allow this. We have to think globally and act locally as Mr. Joseph stated many meetings ago. Tim Zielinski spoke in favor of this as well. No one spoke in favor name only. Marsha Pinette spoke in opposition to this solar ordinance stating large scale solar facilities need to be put to rest permanently. Carl Pinette as a representative of Concerned Citizens for Responsible Solar Development spoke against this item stating that residents shouldn’t have to worry about how elected officials watch over the residents. Dave Fleury also spoke in opposition noting that the town’s character has changed over the past years mainly due to planning and zone changes – these have a direct impact on land in the future. Town now seems fragmented and has no clear vision of land use. He also thinks it’s a huge mistake to have it go before the ZBA as it no longer is in front of the voice of the people and hopes it receives a negative vote. Dale Boglisch agreed it could go on agriculture but shouldn’t be in front of the ZBA for a special permit – he feels it should be up to abutters of the parcel. Richard Waite, Aline Stolar, Dawn Fleury, Elizabeth Maher and Charlene Waite all spoke in opposition name only. Council President Cichetti declared the Public Hearing closed. Discussion began with Councilor Bitzas offering an amendment to save the ordinance from being defeated as there is a great need to have a solar ordinance. He began talking about removing special permit section and the agricultural zones however Councilor Rossi asked for discussion first. Councilor Rossi stated that Special Permits were too arbitrary and feels this ordinance should mirror our current zoning. Dept of Energy Resources discourages large scale solar on open land. We should let our zoning laws stand on its own. Councilor Theroux hoped the potential amendment would pass which would revert this back to the original legislation his committee previously brought forward. Once again, the town is late to the game. Councilor Letellier looks at Doreen Prouty’s comments and also those of the Planning Board. The problem seems to be a lack of consensus however to completely ignore the comments of those boards is wrong. We need to decide some of these important specifics before passing or amending this ordinance. Why pass something that is flawed? It puts us farther back – she believes the people should be surveyed. Councilor Theroux valued Ms. Prouty’s comments but as elected officials we move too slowly. Councilor Bitzas said it would be a big mistake to allow solar in agricultural by Special Permit. Councilor Letellier said the intent is to protect the town and future home owners. If Special Permit is agreed upon, then we could have the Special Permitting come before the City Council and not the ZBA. It’s rare but doable. She was not ready to take a vote on this item as it needs to be more defined and some of the councilors are imposing their own thoughts on the whole town. Councilor Johnson echoed Councilor Letellier’s thoughts about getting a consensus before voting on this ordinance. Depending on the consensus, we need to take the time to incorporate the comments of the Planning Board and ZBA. If the consensus was just to have it in industrial zones, then we should rewrite the ordinance. Councilor Rossi doesn’t know where Ms. Prouty is coming up with small, medium and large solar arrays and why they need to be defined. The issue is what to do with large scale solar. Councilor Cavallo expressed confusion on how to hear from the people as only a few show up at our meetings and express their feelings. Councilor Mineo noted this ordinance is a good start and we have to start somewhere. Councilor Bitzas made a Motion to Amend which was seconded by Councilor Calabrese. The amendment was to remove the second sentence of §180-150(b) and remove in its entirety §180-150(c). Councilor Letellier reminded that any amendments over ten words must be in writing to which they said it’s not adding any wording only removing. Councilor Rossi mentioned there were other things in the ordinance which differed from the original and felt it should be defeated and revert back to original. Councilor Johnson reminded everyone this required a second reading. If Councilor Bitzas’ amendment passes, that would show consensus of the Council which is a good first step. We could fix it before the second reading and make amendments at that time. It seems to be a constructive way to move forward. Councilor Theroux stated as Chair of the Legislative Committee that he agreed with Councilor Johnson and offered the idea of using legal funds in City Council budget to hire an independent attorney to work with the Legislative Committee to craft the ordinance. We are on the right road in his opinion. The vote on the amendment was 9 YES, 1 NO (Councilor Johnson), 0 ABSENT, 1 PRESENT (Councilor Letellier) approving the amendment. The vote on the Main Motion as amended 9 YES, 1 NO (Councilor Johnson), 0 ABSENT, 1 PRESENT (Councilor Letellier) approving the first reading as amended. Item J. Old Business 1. 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) (Second and Final reading) (Referred to Legislative Committee) Motion to approve the second and final reading made by Councilor Calabrese and seconded by Councilor Letellier. Councilor Letellier provided an update from a seminar she attended and questioned where this money will go that has to go into special accounts for the business. Councilor Rossi believes this to be redundant but wouldn’t hurt to have it however he believes we really should be looking at whether or not we really want this in town. Councilor Letellier keeps hearing take the extra tax money but in reality the town only gets a little of that money. She agrees there should be a committee to meet with people about this as it is a public safety issue. Councilor Theroux sees it as a zoning issue. The vote was 11 YES, 0 NO, 0 ABSENT approving the second and final reading. Item K. New Business 1. TR-2017-52 - A Resolution accepting a grant in the amount of $12,000.00 from the Agawam Dog Owners Group (ADOG) to the Town of Agawam for installation of the Agawam Dog Park Lighting System (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. 2. TR-2017-53 - A Resolution accepting a grant in the amount of $23,917.24 from the Agawam Lions Club for the Perry Lane Playground Project (Sponsored by Mayor Cohen) Referred to Finance Committee, next Agenda. Item L. Any other matter that may legally come before the City Council. Council President Cichetti mentioned that during the Agenda Review with the Mayor, the Mayor stated the Council needs to come up with a plan of what to do with the Golf Course roof and once we have a consensus, we should send him a letter. Council President Cichetti would like input and thoughts from the City Council. Councilor Bitzas expressed gratitude on the great job done at Soldier On and for our veterans who deserve the best. Councilor Calabrese also attended the Soldier On ceremony and the great job done. We need to welcome these veterans into our community. She also said her heart goes out to the Ziegart family. Councilor Mineo commended Rosemary Sandlin for the Soldier On facility and that without her efforts; it would never have gone in. She played a huge part in getting Soldier On going. Regarding the Golf Course roof – something needs to be done there. We need to decide what we want to do with that – either be in the business or get out. Councilor Rheault brought up an issue with a resident who was not provided two trash containers when the new ones were delivered over the summer. He has called the Mayor and DPW stating that the Mayor would not issue the barrels. This resident pays taxes and should get the barrels. It’s rather embarrassing. Councilor Letellier also mentioned she was one of six councilors who attended the Soldier On ceremony and toured the wonderful units – she was pleased to see this come to fruition. She also thanked the Lion’s Club and other town organizations for donations to the town. Councilor Sufrriti also enjoyed the Soldier On ceremony and tour. He mentioned he met with Bob Bolduc from Pride about the rundown station on Main Street. Good things are coming soon and Mr. Bolduc is meeting with the Planning Board in next few months. Also the same with the Twin Silos buildings – the owner plans to meet with the Planning Board to improve that area. Councilor Johnson thanked all the local, state and federal officials who helped to bring the fugitive to justice in the Lisa Ziegart case. He believed it was a culmination of many prayers and hard work. Councilor Rossi mentioned he was also involved before he retired and congratulated DA Galluni for putting this team together and getting this result. Regarding the golf course, his feelings are well known and that dilapidated roof did not just happen yesterday. There needs to be an oversight committee – the course is always behind the 8 ball. The City Council has been very supportive when they come to us in the past. The building got that way because someone was not paying attention. Item M. Adjournment. The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 9:37pm.