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10-01-18 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated October 1, 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 Item D. Minutes 1. Regular Council Meeting – September 17, 2018 Motion to approve the minutes made by Councilor Mercadante and seconded by Council Vice President Calabrese. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Resolutions 1. TR-2018-53 - A Resolution adopting the order that Abbey Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 2. TR-2018-54 - A Resolution adopting the order that Alice Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 3. TR-2018-55 - A Resolution adopting the order that Avalon Place be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 4. TR-2018-56 - A Resolution adopting the order that Barden Street be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 5. TR-2018-57 - A Resolution adopting the order that Blair’s Hill Road be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 6. TR-2018-58 - A Resolution adopting the order that Burlington Drive be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 7. TR-2018-59 - A Resolution adopting the order that Connor’s Cove be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 8 TR-2018-60 - A Resolution adopting the order that Coventry Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) Moti The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 9. TR-2018-61 - A Resolution adopting the order that Coyote Circle be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 10. TR-2018-62 - A Resolution adopting the order that Elizabeth Street be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 11. TR-2018-63 - A Resolution adopting the order that Farmington Circle be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 12. TR-2018-64 - A Resolution adopting the order that Forest Ridge Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 13. TR-2018-65 - A Resolution adopting the order that Hemlock Ridge be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 14. TR-2018-66 - A Resolution adopting the order that Jasmine Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 15. TR-2018-67 - A Resolution adopting the order that Lakeview Circle be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 16. TR-2018-68 - A Resolution adopting the order that Lango Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 17. TR-20 18-69 - A Resolution adopting the order that Logan Place be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 18. TR-2018-70 - A Resolution adopting the order that Maple Meadows Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 19. TR-2018-71 - A Resolution adopting the order that Mark Drive be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 20. TR-2018-72 - A Resolution adopting the order that Michele Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 21. TR-2018-73 - A Resolution adopting the order that Plumtree Way be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 22. TR-2018-74 - A Resolution adopting the order that Spruce Circle be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 23. TR-2018-75 - A Resolution adopting the order that Stevenson Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 24. TR-2018-76 - A Resolution adopting the order that Washington Avenue be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 25. TR-2018-77 - A Resolution adopting the order that West View Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 26. TR-2018-78 - A Resolution adopting the order that Windermere Drive be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 27. TR-2018-79 - A Resolution adopting the order that Wisteria Lane be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 28. TR-2018-80 - A Resolution adopting the order that Woodside Drive be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 29. TR-2018-81 - A Resolution adopting the order that Zack’s Way be laid out and accepted as a Public Way (Mayor Sapelli) (Referred to Administrative Committee) The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings and recommendation to the Full Council. 30. TR-2018-84 - A Resolution to authorize the Town of Agawam to enter into a Seven Year Agreement with Goosetown Communications for the lease and option to purchase a Selex Simulcast Radio System (Mayor Sapelli) (Referred to Community Relations Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Letellier. As Chair of the Community Relations Committee, Councilor Suffriti provided a report stating that the Fire Chief explained the process and need to update the antiquated system (over 25 years old) and the Mayor explained the savings by going to a seven year lease. This did not use any money outside of the Fire Department’s budget. Motion to send a positive recommendation to the Full Council was moved by Councilor Mercadante and seconded by Councilor Letellier. The vote was 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) There was no discussion on the matter. The vote was 11 YES, 0 N0 approving the item. 31. TR-2018-85 - A Resolution to exercise the Right of First Refusal option to meet a bona fide offer to purchase land classified under M.G.L. Chapter 61A located at 0 James Street, Feeding Hills, MA (Mayor Sapelli) (Referred to Community Relations Committee) Motion to approve made by Councilor Magovern and seconded by Councilor Letellier. . As Chair of the Community Relations Committee, Councilor Suffriti provided a report stating that the Solicitor and Mayor explained the there was no interest in the land due to abutting Robinson Park. A negative recommendation shows that the town does not want the property (as explained by the Solicitor). Motion to send a negative recommendation to the Full Council was moved by Councilor Letellier and seconded by Councilor Mercadante. The vote was 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) Council President Johnson explained that if you are in favor, vote yes and if you are in opposition, vote no. The vote was 0 YES, 10 N0, 1 ABSTENTION (Council President Johnson) defeating the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. TOR-2018-13 (PH-2018-7) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance to include a table of uses and dimensions (Mayor Sapelli) (Two Readings Required) (Referred to Legislative Committee) – Suggest a Public Hearing Date of Nov 7, 2018 Motion to table this item until the Nov 7, 2018 meeting made by Councilor Mercadante and seconded by Councilors Cavallo, Sandlin and Magovern. Voice vote approved. 2. TOR-2018-14 (PH-2018-8) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance to delete building material terms (Mayor Sapelli) (Two Readings Required) (Referred to Legislative Committee) - Suggest a Public Hearing Date of Nov 7, 2018 Motion to table this item until the Nov 7, 2018 meeting made by Councilor Mercadante and seconded by Councilors Cavallo, Sandlin and Magovern. Voice vote approved. 3. TOR-2018-15 (PH-2018-9) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance to delete special use permit exceptions (Mayor Sapelli) (Two Readings Required) (Referred to Legislative Committee) - Suggest a Public Hearing Date of Nov 7, 2018 Motion to table this item until the Nov 7, 2018 meeting made by Councilor Mercadante and seconded by Councilors Cavallo, Sandlin and Magovern. Voice vote approved. 4. TOR-2018-16 (PH-2018-10) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding mobile homes (Mayor Sapelli) (Two Readings Required) (Referred to Legislative Committee) - Suggest a Public Hearing Date of Nov 7, 2018 Motion to table this item until the Nov 7, 2018 meeting made by Councilor Mercadante and seconded by Councilors Cavallo, Sandlin and Magovern. Voice vote approved. Item J. Old Business 1. TO-2018-32 - Budgetary Transfer of $36,414.50 from Reserve Fund (#16605-57300) to Professional Services (#16602-52190) (Mayor Sapelli) (Referred to Finance Committee) Motion to approve made by Councilor Letellier and seconded by Councilor Suffriti. As Chair of the Finance Committee, Councilor Letellier provided the report stating that this wass for energy upgrades done. Once this is paid it will be reimbursed by Columbia Gas. Motion to send a positive recommendation to the Full Council was moved by Councilor Mercadante and seconded by Councilor Cavallo. The vote was 5 Yes, 0 No. The vote was 11 YES, 0 N0 approving the transfer. 2. TO-2018-33 - Budgetary Transfer of $52,110.30 from Reserve Fund (#16605-57300) to Professional Services (#16602-52190) (Mayor Sapelli) (Referred to Finance Committee) Motion to approve made by Councilor Letellier and seconded by Councilor Suffriti. As Chair of the Finance Committee, Councilor Letellier provided the report stating that this wass for energy upgrades done. Once this is paid it will be reimbursed by Columbia Gas. Motion to send a positive recommendation to the Full Council was moved by Councilor Mercadante and seconded by Councilor Cavallo. The vote was 5 Yes, 0 No. The vote was 11 YES, 0 N0 approving the transfer. Item K. New Business 1. TR-2018-86 - A Resolution accepting a grant ($11,700.00) from the Commonwealth of Massachusetts Department of Environmental Protection Pursuant to Massachusetts General Laws, Chapter 44, § 53A (Mayor Sapelli) Referred to Finance Committee, next Agenda. 2. TR-2018-87 - A Resolution to appropriate and authorize borrowing in the amount of Seventy-Four Thousand and Five Hundred Dollars ($74,500.00) to pay costs of the Feeding Hills Center (Rt. 187) water service improvements (Mayor Sapelli) Referred to Finance Committee, next Agenda. 3. TR-2018- 88 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the rehabilitation and restoration of the Minerva Davis Library (CPA) Referred to Community Relations Committee, next Agenda. 4. TR-2018- 89 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the update and completion of the Open Space and Recreation Plan (CPA) Referred to Community Relations Committee, next Agenda. 5. TR-2018- 90 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the rehabilitation and preservation of town owned land for the purpose of passive recreation (CPA) Referred to Community Relations Committee, next Agenda. 6. TO-2018-35 - An Order granting or renewing a Class 2 Dealer’s LICENSE to KLC Auto Sales, Inc., 1514 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 7. TO-2018-36 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Euro Imports, 325 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 8. TO-2018-37 - An Order granting or renewing a Class 2 Dealer’s LICENSE to ACE Auto Body, 1363 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 9. TO-2018-38 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Malkoon Motor Sales, Inc., 825 Springfield Street, Feeding Hills, MA. (Clerk) Referred to Administrative Committee, next Agenda. 10. TO-2018-39 - An Order granting or renewing a PERMIT for Weekly Amusement for 342, Inc. d/b/a Murphy’s Pub, 664 Suffield Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 11. TO-2018-40 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for 342, Inc. d/b/a Murphy’s Pub, 664 Suffield Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 12. TO-2018-41 - An Order granting or renewing a Class 2 Dealer’s LICENSE to Langonet, Inc., 61 Ramah Circle South, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 13. TO-2018-42 - An Order granting or renewing a PERMIT for Weekly Amusement for Ferrentino’s Pizzeria & Pub, 1676 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 14. TO-2018-43 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Ferrentino’s Pizzeria & Pub, 1676 Main Street, Agawam, MA. (Clerk) Referred to Administrative Committee, next Agenda. 15. ZC-2018-3 - Petition for Zone Change by owners Blue Sky Builders, LLC d/b/a Burns Builders and Gustin Caruso, Sarah Whitman and Cynthia Rimek for property located at 0 Silver Street and 0 Doane Avenue from Industrial B and Residence A-1 to Residence A-1 – Refer to Planning Board and suggest a Public Hearing date of November 7, 2018 Referred to Planning Board and Legislative Committee. Public Hearing date set for November 7, 2018. Item L. Any other matter that may legally come before the City Council. Condolences were expressed by all for the loss of Councilor Magovern’s sister as well as Council President Johnson’s mother-in-law. Councilor Mercadante was proud to march in the town’s parade at the Big E and noted that the band was great. Councilor Bitzas was extremely bothered by the Big E cutting the numbers allowed to march in this year’s parade. He was contacted by several families who did not want to choose between which children marched so they just boycotted the Big E altogether. He asked for Council President Johnson and the Mayor to write letters to the Big E requesting that all groups be allowed to march. Councilor Cavallo again noted that Verizon is not being a good neighbor to Agawam in that service in the Castle Hill area is still extremely spotty. Councilor Rossi stated he switched service and now has no problems. Councilor Cavallo also stated that the Big E does not care about the people of Agawam and that they need to support us more – public safety is a real issue and will be worse next year with the bridge construction. Council Vice President Calabrese had similar complaints from parents regarding marching at the Big E this year. She also reminded everyone of the Mass DOT meeting regarding the bridge project Tuesday Oct 2nd at 6:30 in the West Springfield Town Hall. Councilor Suffriti had all the same issues previously expressed. He was at Phelps football field and had difficulty reaching State Police for an emergency call. He also requested an update on the Pride Station on Main Street as it is a public safety issue and an accident waiting to happen. Councilor Letellier stated that the lack of courtesy from drivers during the Big E was very apparent. She said the Big E could do more to support our town. She reminded everyone to read the ballot questions carefully and remember to vote on November 6th. She also wished her son Matthew a happy 10th birthday! Councilor Sandlin thanked the Mayor for continuing to clean up items within the town. She also expressed concerns about the Big E and traffic issues. Councilor Mineo remembered the Pride Station being ‘next on the list’ and hoped that would get cleaned up soon. Council President Johnson stated the Mayor wanted to have the results from his Tuckahoe Study Committee presented at our next meeting and if there was no objection, Council President Johnson will place it on the Agenda before the end of the meeting. Item M. Adjournment. The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 7:32pm.