07-09-18 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL
Minutes dated July 9, 2018
Meeting was called to order by Council Vice President Calabrese 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: George Bitzas, Council Vice
President Cecilia Calabrese, Paul Cavallo, Council President Christopher Johnson, Robert Magovern, Dino Mercadante, Joseph Mineo, Robert Rossi, Rosemary Sandlin and Anthony Suffriti.
Councilor Letellier was absent (Councilor Suffriti arrived late). With ten 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
None.
Item D. Minutes
1. Regular Council Meeting – June 18, 2018
Motion to approve
was moved by Councilor Mercadante and seconded by Councilors Rossi, Magovern and Cavallo. Voice vote approved.
Item E. Declaration from Council President
None.
Item F. Presentation
of Resolutions
1. TR-2018-43 - A Resolution accepting a gift from the Pioneer Valley Transportation Authority pursuant to Massachusetts General Laws Chapter 44, Section 53A to the
Agawam Senior Center (Sponsored by Mayor Sapelli) (Referred to Finance Committee)
Motion to approve made by Councilor Mercadante and seconded by Councilor Cavallo. As Vice Chair of
the Finance Committee, Councilor Mineo provided a report stating that his committee gave a positive recommendation to the Full Council by a vote of 4 yes, 0 no, 1 absent (Councilor Letellier).
The
vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item.
2. TR-2018-44 - A Resolution to become a member of the Pioneer Valley Mosquito Control District (Sponsored
by Mayor Sapelli) (Referred to Community Relations)
Motion to approve made by Councilor Sandlin and seconded by Council Vice President Calabrese. As Vice Chair of the Community Relations
Committee, Councilor Mercadante provided a report stating that Health Agent Kathy Auer spoke on mosquito-borne diseases. First year is free along with a map of habitats in town where
mosquito areas are. They provide public education. The town would need someone who is pesticide licenses and two employees are
currently licenses in town. Motion to send a positive recommendation to the Full Council was moved and seconded. The vote was 3 YES, 0 NO, 2 ABSENT (Councilors Letellier and Suffriti)
The
vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item.
3. TR-2018-45 - A Resolution accepting a grant ($18,500.00) from the Commonwealth of Massachusetts Executive
Office for Administration and Finance pursuant to Massachusetts General Laws Chapter 44, Section 53A (Sponsored by Mayor Sapelli) (Referred to Finance Committee)
Motion to approve made
by Council Vice President Calabrese and seconded by Councilor Cavallo. As Vice Chair of the Finance Committee, Councilor Mineo provided a report stating that his committee gave a positive
recommendation to the Full Council by a vote of 4 yes, 0 no, 1 absent (Councilor Letellier).
The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item.
4. TR-2018-46 -
A Resolution confirming the appointment of Gerald O’Keefe, 27D Castle Hill Road, Agawam, MA 01001 to the Agawam Municipal Golf Commission for an unexpired term expiring on December 31,
2019 (Sponsored by Mayor Sapelli)
Motion to approve made by Councilor Bitzas and seconded by Councilor Sandlin.
The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving
the item.
Item I. Public Hearings
1. ZC-2018-2 (PH-2018-6) - Petition for Zone Change by Owners, Thomas F. Reidy II and Sherry M. Reidy for property located at 466 South Westfield
Street from Agricultural to an Age Restricted Housing District (Residence A-5) (Referred to Legislative Committee)
Motion to approve made by Council Vice President Calabrese and seconded
by Councilor Sandlin. As Chair of the Legislative Committee, Councilor Magovern provided a report stating that the contractor (Victor Shibley) was also present. If approved, this would
be the only age-restricted (A-5) development in Agawam. Brush Hill and Canterbury are projects this contractor already built in West Springfield. The state will do a traffic study
as it may require a traffic light on Pine Street. They are hoping to begin construction this fall. Motion to send a positive recommendation to the Full Council made by Councilor Calabrese
and seconded by Councilor Sandlin. The vote was 4 YES, 0 NO, 1 ABSTENTION (Councilor Bitzas).
Council President Johnson declared the Public Hearing open at 7:06pm. Attorney Daniel
Garvey made a presentation on behalf of the petitioners, Thomas and Sherry Reidy, noting that the Planning Board gave a unanimous recommendation on June 21st. These will be single
story, ranch style homes in two sizes (1) 1800 square feet for approximately $339,000.00 and (2) 1500 square feet for approximately $299,000.00. They received information from the traffic
engineer and are willing to relocate their entrance to make that intersection safer. Building Victor Shibley has two well established over 55 developments in West Springfield (Canterbury
Woods and Brush Hill). They are very excited to build in this location and in general A-5 developments make very good neighbors and are no extra burden on town services. Councilor
Sandlin stated there was indeed a need for this style home in town. Councilor Cavallo questions the traffic and noted his concern. Attorney Garvey would wholeheartedly support the
town if they asked the developer to move the entrance. Council Vice President asked about the deeded driveway access easement and Attorney Garvey confirmed they were fully aware of
this and will honor it. Councilor Bitzas asked if they would be building after these suggestions were fixed. Attorney Garvey noted that if the zone change was granted, then by law,
they would be required to submit detailed plans and cannot start until everything is approved. Councilor Bitzas is concerned with the traffic and number of cars there. No one else
spoke in favor of the item or in name only in favor of the item. Donald Moore of 418 South Westfield Street spoke in opposition. He is very impressed with the developer and his developments
in West Springfield however those two have buffer zones, this development would not and has less than a forty foot set back. He also felt it would be smart to add a traffic light.
Joe Tirone is an abutter and also spoke in opposition being mainly concerned with the traffic in that area and needing to be concerned with the sharp
corner. A woman also spoke about the high price tag and wondered if there would be any set aside for low-income elders. The attorney said unfortunately none would be for low-income
elderly. No one else spoke in opposition or in opposition name only. Council President Johnson declared the Public Hearing closed at 7:24pm.
As Chair of the Legislative Committee,
Councilor Magovern provided his report stating that the contractor (Victor Shibley) was also present at the meeting along with the attorney. If approved, this would be the only age-restricted
(A-5) development in Agawam. Brush Hill and Canterbury are projects this contractor already built in West Springfield. The state will do a traffic study as it may require a traffic
light on Pine Street. They are hoping to begin construction this fall. Motion to send a positive recommendation to the Full Council made by Councilor Calabrese and seconded by Councilor
Sandlin. The vote was 4 YES, 0 NO, 1 ABSTENTION (Councilor Bitzas). Councilor Bitzas opened the discussion stating why he abstained in the sub-committee. He believes the City Council
should hold off on making a recommendation until after the Public Hearing so they could hear from the people. Councilor Rossi see nothing wrong with this zone change and said this type
of housing is needed in town. He is impressed with their work and thinks it will be an asset. The Engineering Department is working on the grading at that intersection. Councilor
Mercadante was also in favor of this as there is a need for housing in town and unless the land is protected, it can’t stay that way forever. He also noted that this type of development
would put the least amount of burden on town services and is a win/win for the town. Councilor Magovern agreed with everything that was said but added he hoped the developer could meet
with Mr. Moore to address his concerns about a buffer. Council President Johnson stepped from the Chair to stress that this should not be added to the DIF in that area. He also raised
the question about the original sewer assessment to that property was for ONE unit not 148. He would like to first confer with the Law Department to verify that the owner of that property
should pay a bigger assessment similar to other property owners. He believes that applicant should bear these costs and not the taxpayers. He corrected that there is not a need for housing
but rather a need for affordable housing which this would not be considered as. Council President Johnson stated he would want sufficient information prior to voting. Councilor Bitzas
suggested tabling until this was received. Councilor Magovern is not in favor of tabling however reluctantly agreed. Council President also stated that the Planning Board deals with
traffic issues and they will require additional details prior to construction. He is more concerned with that intersection if indeed it needs to have a traffic light and/or additional
engineering work done and what this will cost the town. Councilor Mineo said the problem for him is if we delay this vote then it delays them starting the project for a month until
our August meeting to which Council President stated the City Council was well within the statutory guidelines. Councilor Mineo asked for a special meeting within two weeks. It was
decided that the following information was needed (1) ask Law Department if town can go back to owner to pay the actual sewer assessment for 148 units and (2) find out about redesign
of the intersection from the Engineering Department and the costs to the town. If this information is received in time, we would have a Special Meeting on July 23rd, if not, it will
appear as normal on the August 6th Agenda. Motion to table made by Councilor Cavallo and seconded by Councilor Rossi.
The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) tabling
the item.
2. TOR-2018-11(PH-2018-7) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinances to allow site plan review waivers (Sponsored by Planning Board) (1 of 2
Readings) (Referred to Legislative Committee) - Public Hearing Set for August 6, 2018
Motion to table until August 6th made by Council Vice President Calabrese and seconded by Councilor
Mercadante. Voice vote approved.
Item J. Old Business
1. TOR-2018-6 - An Ordinance amending the Code of the Town of Agawam Chapter 149 entitled “Smoking and Tobacco Products” (Sponsored
by Mayor Sapelli) (2 of 2 Readings) (Referred to Legislative Committee) as amended
Motion to approve the second and final reading as amended made by Council Vice President Calabrese
and seconded by Councilor Sandlin.
The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the second and final reading as amended.
2. TOR-2018-9 - An Ordinance amending Chapter 33 of the Code of the Town of Agawam (Sponsored by Mayor Sapelli) (2 of 2 Readings) (Referred to Legislative Committee)
Motion to approve
the second and final reading made by Council Vice President Calabrese and seconded by Councilor Mercadante.
The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the second
and final reading.
3. TO-2018-25 - An Order granting or renewing a Class 3 Dealer’s LICENSE to BBB Auto, Inc., 266 Walnut Street, Agawam, MA. (Clerk) (Referred to Administrative Committee)
Motion
to approve made by Councilor Cavallo and seconded by Council Vice President Calabrese. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that the applicant
wished to withdraw his application. Council President stated that since the applicant was not here nor was there anything in writing from the applicant, then we must vote it down.
The
vote was 0 YES, 10 NO, 1 ABSENT (Councilor Letellier) defeating the item.
4. TO-2018-26 - Order granting or renewing a PERMIT for Weekly Amusement for Six Flags New England, 1623 Main
Street, Agawam (Clerk) (Referred to Administrative Committee)
Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. As Chair of the Administrative Committee,
Councilor Rossi provided a report stating that all was in order and the committee sent a positive recommendation to the Full Council by a vote of 4 yes, 0 no, 1 absent (Councilor Cavallo).
The
vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item.
5. TO-2018-27 - Order granting or renewing a LICENSE for an Automatic Amusement Device(s) for Six Flags New
England, 1623 Main Street, Agawam (Clerk) (Referred to Administrative Committee)
Motion to approve made by Councilor Rossi and seconded by Councilors Bitzas and Cavallo. As Chair of
the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee sent a positive recommendation to the Full Council by a vote of 4 yes,
0 no, 1 absent (Councilor Cavallo).
The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the item.
6. TO-2018-28 - An Order granting or renewing a PERMIT for Weekly
Amusement for Matthew Gibbs – Quest, Inc. d/b/a Catch 1251, 1251 River Road, Agawam, MA. (Clerk) (Referred to Administrative Committee)
Motion to approve made by Councilor Rossi and
seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that this application would need to be amended to reflect indoor entertainment
only (application states indoor and outdoor) and the committee sent a positive recommendation to the Full Council by a vote of 4 yes, 0 no, 1 absent (Councilor Cavallo). Motion to amend
made by Councilor Rossi and seconded by Councilor Sandlin. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the amendment.
The vote was 10 YES, 0 NO, 1 ABSENT (Councilor
Letellier) approving the item as amended.
Item K. New Business
1. TR-2018-48 - A Resolution confirming the reappointment of Paul A. Jenney, 367 North Westfield Street, Feeding Hills, MA. to the Agawam Housing Committee to
a term expiring October 1, 2021 (Sponsored by Mayor Sapelli)
Next Agenda.
2. TR-2018-49 - A Resolution authorizing the Town of Agawam to participate in the Commonwealth of Massachusetts
Commercial Property Assessed Clean Energy Program (PACE Massachusetts) (Sponsored by Mayor Sapelli)
Referred to Finance Committee, next Agenda.
3. TR-2018-50 - A Resolution establishing
a Special Revenue Fund known as the Transportation Network Company (“TNC”) Surcharge Fund (Sponsored by Mayor Sapelli)
Referred to Finance Committee, next Agenda.
4. TO-2018-29 - A
Budgetary Transfer of $10,217.84 as follows:
From:
Mun Golf Regular Temporary ($5,834.45) 65261-51020
Mun Golf Overtime ($1,153.43) 65261-51030
Mun Golf
EQ Repair & Maint ($326.33) 65262-52030
Mun Golf Equip Rental ($970.00) 65262-52070
Mun Golf Water Purchase ($1,933.63) 65262-56670
To:
Mun
Golf Dues & Subscrip $ 110.00 65262-52170
Mun Golf Printing & Copying $ 172.80 65262-52280
Mun Golf Contractual Service $ 1,363.65 65262-52360
Mun
Golf Food & Serv Supp $ 8,571.39 65263-52220
Council President Johnson stated that this item is for bill from FY19 and we must vote on this prior to July 15th. Therefore he
took the liberty of creating an Emergency Preamble which would allow us to vote on this this evening. Motion to approve Emergency Preamble for Budgetary Transfer (TO-2018-29) for Agawam
Municipal Golf Course was made by Councilor Bitzas and seconded by Councilor Rossi. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the Emergency Preamble. Councilor
Mineo commented that this is interdepartmental and they have to pay these bills. The course is doing very well. Council President Johnson reiterated that the golf course is doing better
than expected and need to pay these bills.
Motion to approve TO-2018-29 was made by Council Vice President Calabrese and seconded by Councilor Rossi. The vote was 10 YES, 0 NO, 1 ABSENT
(Councilor Letellier) approving the transfer.
Item L. Any other matter that may legally come before the City Council.
Councilor Mercadante wanted clarification that if the information
is received regarding the zone change then we will have a Special Meeting on July 23nd and wished everyone a happy summer. Councilor Cavallo commended the editorial in the AAN about
how well the new Mayor and the City Council work together. Councilor Sandlin questioned why these meetings weren’t televised. Councilor Mineo mentioned all of the exciting changes
coming to Feeding Hills. Councilor Suffriti apologized for being a few minutes late – he had to respond to a structure fire.
Council President Johnson commented on the editorial in the AAN and attributed it to the open lines of communication we now have with the Mayor and have never had with the past administration.
He said it makes all the difference!
Item M. Adjournment.
The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 7:59pm.
copy in Clerk’s Office (several pages)
The following licenses/permits were approved:
TO-2018-26 through and including TO-2018-28
TO-2018-25 was defeated