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03-19-18 REGULAR COUNCIL MEETING REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated March 19, 2018 Meeting was called to order by Council President Johnson 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, Council Vice President Cecilia Calabrese, Paul Cavallo, Council President Christopher Johnson, Gina Letellier, Robert Magovern, Dino Mercadante, Joseph Mineo, Robert Rossi, Rosemary Sandlin and Anthony Suffriti. With eleven present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. Council President Johnson asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen’s Speak Time The following citizens spoke: William Clark – thanked Councilor Rossi for having a sewer meeting and also thanked Mayor Sapelli for all the extra time and effort he has been putting in attending meetings etc. Henry Kozloski – As Chair of the CPA, he wanted to remind everyone of the annual report that was sent out and how successful CPA has been Leslie Joseph – Mentioned how honored and excited she is to serve on the Energy Commission and asks for the Council’s support Item D. Minutes 1. Regular Council Meeting – March 5, 2018 Motion to approve made by Councilor Letellier and seconded by Councilor Sandlin. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Resolutions 1. TR-2018-16 - A Resolution to amend the Rules and Regulations of the Agawam City Council (Councilor Johnson) (Referred to Legislative Committee) Since the first vote of the Solar Ordinance has not yet been taken and this item pertains to that item, a Motion to table was made by Councilor Suffriti and seconded by Councilor Letellier. Voice vote was unanimous. 2. TR-2018-17 - A Resolution confirming the appointment of Ronald Wieners, 122 Leonard Street, Agawam, MA to the Agawam Energy Commission to a term expiring on April 1, 2019 (Mayor Sapelli) Motion to approve made by Councilor Cavallo and seconded by Councilors Magovern and Sandlin. Councilor Letellier thanked Ron and Les and whoever ran for Council and are now actually doing something to stay involved. Councilor Cavallo has known Ron and noted he is a great person who is aggressive and will do a great job. Councilors Bitzas and Magovern echoed these sentiments. The vote was 11 YES, 0 NO approving the appointment. 3. TR-2018-18 - A Resolution confirming the appointment of Leston R. Tingley, 18 Portland Street, Feeding Hills, MA to the Agawam Energy Commission to a term expiring on April 1, 2021 (Mayor Sapelli) Motion to approve made by Councilor Sandlin and seconded by Councilors Suffriti and Cavallo. Councilor Bitzas thanked Les for applying and is impressed with him. The vote was 11 YES, 0 NO approving the appointment. 4. TR-2018-19 - A Resolution confirming the appointment of Mark Morris, 34 James Street, Agawam, MA to the Agawam Energy Commission to a term expiring on April 1, 2021 (Mayor Sapelli) Motion to approve made by Councilor Suffriti and seconded by Councilors Cavallo and Magovern. The vote was 11 YES, 0 NO approving the appointment. 5. TR-2018-20 - A Resolution confirming the appointment of Leslie Joseph, 71 Ridge Avenue, Agawam, MA to the Agawam Energy Commission to a term expiring on April 1, 2020 (Mayor Sapelli) Motion to approve made by Councilor Sandlin and seconded by Councilors Magovern and Suffriti. Councilor Sandlin noted she has known Leslie for years and knows she will do a great job and thanked her for volunteering. Councilor Magovern also thanked her for putting her name in the hat. Councilor Mercadante enjoyed the conversation he had with Leslie at a recent meeting and acknowledged that she would do a great job. Councilors Cavallo and Rossi reiterated the previous comments. The vote was 11 YES, 0 NO approving the appointment. Council President thanked Mrs. Joseph, Ron, Les and Mark for their willingness to serve the town. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. TOR-2017-13 (PH-2018-2) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinances to add solar energy systems (Sponsored by Councilors Johnson and Rossi) (Referred to Legislative Committee) (1 of 2 Readings) (Tabled 3/5/18) Motion to take the item off the table made by Councilor Rossi and seconded by Councilor Magovern. The voice vote was unanimous taking the item off the table. Motion to approve the first reading made by Council Vice President Calabrese and seconded by Councilor Magovern. Council President Johnson declared the Public Hearing open. The following speakers spoke in favor of the ordinance: Doreen Prouty, 891 South Westfield Street, Feeding Hills Leslie Joseph, 71 Ridge Street, Agawam Vincenzo Ronghi, 55 Avalon Place, Feeding Hills Rich Joseph, 71 Ridge Street, Agawam Henry Kozloski, 102 Meadow Street, Agawam Council President Johnson asked for speakers in favor in name only, in opposition and in opposition name only and no one else spoke. Council President Johnson declared the Public Hearing closed. As Chair of the Legislative Committee, Councilor Magovern provided his report stating that after several discussions, comments and revisions, his committee gave a positive recommendation by a vote of 4 Yes, 0 No, 1 Present (Councilor Bitzas) Discussion began with Councilor Letellier stating that the current draft was excellent but again stressed the importance of hiring a good consultant to ensure the legalities of the solar industry. She is unsure of what the right thing to do is. Council President Johnson stepped from the Chair to note that the language in this ordinance was straight from the state’s model zoning ordinance and that Mr. Joseph’s comments pertained to solar incentives not solar ordinances. The storage amounts are governed by current and existing zoning. The revision has taken in account most of the concerns that were raised including the Planning Board and ZBA suggestions. While he appreciates Mr. Joseph’s efforts and suggestions, Council President Johnson mentioned that solar is ever evolving and we should evolve with it and add to the ordinance. Section 40A prohibits the Councilor from unreasonably regulating and believes this should be voted on and then make amendments later as the solar industry evolves. Councilor Letellier did mention that the Special Permit criteria is easier to learn than the science behind the solar industry and believes the City Council should be the permitting body as we have the pressure of answering directly to the people. Councilor Bitzas was against the ordinance before but knows we have to do something in town. He was concerned with the height and asked for a height restriction/limit. He wanted ten feet and it was originally twenty feet so the fifteen is a compromise although after everyone speaks, he would like to make an amendment to reduce the height. Councilor Magovern thanked Mr. Joseph for all of his information. He feels the Council needs to start somewhere and we should pass this to get the show on the road. The City Council answers to the people in town and of course we wouldn’t allow a solar farm to be constructed where there was strong residential opposition. He hopes the ordinance passes this evening. Council Vice President Calabrese wanted to also make a minor amendment later in the discussion. She originally wanted it restricted to industrial zones only however understands that we cannot unreasonably regulate. She also agreed that the City Council should be the Special Permitting grantor. Councilor Cavallo spoke about an article in the paper stating that Massachusetts is the number one state for solar in the country. He is in favor of the ordinance noting how hard everyone worked to get it to this point. He also thinks we should pass it and then if necessary make additions as we go along. Councilor Mineo thanked the sponsors for their hard work in creating this ordinance and notes we need to act tonight. He also thought twenty feet was too high and is agreeable to the fifteen feet and also agreed that the City Council should be the permitting body as we are accountable to the voters. Councilor Rossi stated that it was a long hard process and he was not fond of the Special Permit but with time, he now sees the benefit and thinks it’s a good idea especially with the City Council as the permitting authority. He also stated that the ZBA is an administrative body with limited power as compared to the City Council whose job it is to oversee and enforce ordinances in town. It is more transparent with the Council or we wouldn’t get reelected. Councilor Mercadante discussed the height requirements of 180-52 noting the four criteria with words like harmony, detrimental, offensive…we must follow the four caveats in this section and obviously too high of a solar farm would violate these criteria. Councilor Sandlin supports this ordinance as well. Councilor Suffriti said this was a long time coming and the more he learns, the more he doesn’t know – the industry moves and changes so fast. He will support it this evening however he is unsure about having the City Council be the permitting authority as he believes the ZBA is there for a reason and is afraid we will see political voting. Council President Johnson suggested doing one of two things this evening – (1) offer amendments tonight or (2) pass the first reading and then work on the amendments and present them at the second reading. He would prefer to offer amendments tonight. Councilor Bitzas offered Amendment #1 to limit the solar panels to ten feet. Motion made by Councilor Bitzas and seconded by Councilor Cavallo. Councilor Bitzas said the Council is the voice of the people. Council President Johnson reiterated at the Planning Board meeting where there was discussion of the height and that the Council cannot unreasonably regulate. He mentioned that he met with the Mayor and Solicitor and all felt that the fifteen feet was fair and would not unreasonably regulate and also noted that in the Special Permit, excess heights would not be allowed in neighborhoods anyways as it wouldn’t follow the four criteria. The Council has the authority to make exceptions in the entire process and could say a lower height if necessary. That’s the point of having the City Council as the permitting authority. Councilor Bitzas withdrew his amendment as did Councilor Cavallo his second. Council Vice President Calabrese proposed Amendment #2 to insert the following language into 180-156(d) “Reasonable efforts shall be taken to minimize the establishment of invasive species.” Motion made by Council Vice President Calabrese and seconded by Councilor Magovern. The vote was 11 Yes, 0 No approving the amendment. The vote on the first reading of TOR-2017-13 as amended was 11 YES, 0 N0 approving the first reading as amended. Item J. Old Business 1. TOR-2018-1 - An Ordinance to amend Section 49-7(C) of the Code of the Town of Agawam (2nd and Final Reading) (Mayor Sapelli) (Referred to Finance Committee) Motion to approve the second and final reading made by Councilor Letellier and seconded by Councilor Sandlin. The vote was 11 YES, 0 N0 approving the second and final reading. 2. TOR-2018-2 - An Ordinance to amend the Code of the Town of Agawam by Adding Section 103-1A (Councilor Johnson) (1 of 2 Readings) (Referred to Legislative Committee) Motion to approve the first reading made by Councilor Sandlin and seconded by Councilor Cavallo. The vote was 11 YES, 0 N0 approving the first reading. 3. TO-2018-5 - Budgetary Transfer of $22,950.00 (as shown below) (Mayor Sapelli) (Referred to Finance Committee) From: Mun Golf Eq Rep, Maint & Repl $3,000.00  65262 52030  Mun Golf Telephone  $1,400.00  65262 52150  Mun Golf Prof Services  $500.00  65262 52190  Mun Golf Miscellaneous  $225.00  65262 52990  Mun Golf Prop Liab Ins  $11,605.00  65262 57500   Mun Golf Office Supplies  $220.00  65263 52230  Mun Golf Pro Shop Supplies  $6,000.00  65263 54200          To: Mun Golf Regular Temp  $8,500.00  65261 51020  Mun Golf Overtime   $3,000.00  65261 51030  Mun Golf Water Purchase  $6,450.00  65262 56670  Mun Golf Chemicals &Lab  $5,000.00  65263 52310   Motion to approve made by Councilor Letellier and seconded by Councilor Cavallo. As Chair of the Finance Committee, Councilor Letellier provided her report stating that this is due to hourly increases and overtime because Dan Shay was out for ten weeks. Alan Brown took over and got the hourly difference. Needed chemicals due to an infestation. Motion to send a positive recommendation made by Councilor Cavallo and seconded by Councilor Mercadante and the vote was 5 Yes, 0 No. The vote was 11 YES, 0 N0 approving the transfer. 4. TO-2018-6 - Budgetary Transfer of $9,500.00 from Blighted Property Expense (#16602-57710) to Professional Services (#16602-52190) (Mayor Sapelli) (Referred to Finance Committee) Motion to approve made by Councilor Letellier and seconded by Councilors Mercadante and Sandlin. As Chair of the Finance Committee, Councilor Letellier provided her report stating that this is a fifty-hour contract to inspect the trailer park and trailers for code enforcement violations, enforcement and go to housing court if necessary. He is very experienced and proactive. There are numerous calls made to Police and Fire to the trailer park. Something needs to be done. Motion to send a positive recommendation made by Councilor Cavallo and seconded by Councilor Mercadante and the vote was 5 Yes, 0 No. Councilor Letellier thanked the Mayor for being so proactive with code enforcement. Councilor Rossi also applauded the Mayor for staying on top of this as the trailer park is in bad shape. The vote was 11 YES, 0 N0 approving the transfer. 5. TO-2018-7 - Budgetary Transfer of $299.25 from Reserve Fund (#16605-57300) to Community Development/Regular Permanent (#11801-51010) (Mayor Sapelli) (Referred to Finance Committee) Motion to approve made by Councilor Magovern and seconded by Councilor Letellier. As Chair of the Finance Committee, Councilor Letellier provided her report stating that this is because Pam Kerr was out for surgery and Amanda Boissonneault filled in for her and was paid $2.25 more an hour for the work she did at Pam’s rate. Motion to send a positive recommendation made by Councilor Mercadante and seconded by Councilor Calabrese and the vote was 5 Yes, 0 No. The vote was 11 YES, 0 N0 approving the transfer. Item K. New Business 1. TR-2018-21 - A Resolution confirming the appointment of Sandra Hottin, 12 Rowley Street, Agawam, MA to the Agawam Housing Authority to a term expiring the second Monday in January, 2021 (Mayor Sapelli) Next Agenda. 2. TR-2018-22 - A Resolution confirming the appointment of Sarah A. Prince, 775 Springfield Street, Apt. 10A, Feeding Hills, MA to the Agawam Housing Authority for an unexpired term expiring the second Monday in January, 2020 (Mayor Sapelli) Next Agenda. 3. TR-2018-23 - A Resolution accepting a grant in the amount of Eight Thousand Six Hundred and Forty Dollars and no cents ($8,640.00) from the David M. and Marjorie J. Sherman Fund for use by the Town of Agawam Public Library (Mayor Sapelli) Referred to Finance, next Agenda. 4. TR-2018-24 - A Resolution confirming the appointment of Shelley S. Pass, 108 Bridge Street, Agawam, MA to the Historical Commission to a term expiring January 1, 2021 (Mayor Sapelli) Next Agenda. 5. TR-2018-25 - A Resolution accepting a grant ($16,115.25) from the Commonwealth of Massachusetts State 911 Department pursuant to Massachusetts General Laws Chapter 44, Section 53A for the Agawam Police Department (Mayor Sapelli) Referred to Finance, next Agenda. Item L. Any other matter that may legally come before the City Council. Councilor Bitzas said he was happy to see the award for the Athletic Facility. Councilor Rossi agreed and said that it is a national award so it is a big deal. Councilor Cavallo said we had many meetings coming up with Wayfinders and the Park and Recreational Needs Assessment. Council President Calabrese congratulated Rosie Robotics on winning the Entrepreneurial Award at WPI and also congratulated the St. Patrick’s Day Committee for First Place in Irish Theme. Councilor Suffriti said it is getting tougher and tougher to complain about things with our very proactive Mayor although he would appreciate an update on Twin Silos. He also mentioned the DIFF meeting would be rescheduled. Councilor Letellier wished everyone a Happy Easter and Passover. She also noted that in Section C(4) it notes that a proposed use cannot be detrimental to neighborhoods (visually) so height would be addressed in this section as well. Councilor Sandlin asked if the microphones could be fixed because it is ridiculous. She also congratulated the AAN on writing such an informative article on Wayfinders. Council President Johnson reminded everyone of the Park and Recreation Needs Assessment Plan on Monday, March 26th at 7:00pm at the Senior Center. He also wished a very happy birthday to Councilor Letellier. Item M. Adjournment. The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 8:49pm.