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09-16-19 REGULAR COUNCIL MEETINGREGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated September 16, 2019 Meeting was called to order by Council President Johnson at 7:00pm in the Auditorium at the Agawam Junior High School, 1305 Springfield Street, Feeding Hills. 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, Gina Letellier, Robert Magovern, Dino Mercadante, Rosemary Sandlin, Robert Rossi and Anthony Suffriti. Councilor Joseph Mineo was absent. 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 Pamela Jones spoke against the proposed car wash at the Parthenon’s current location at 835 Suffield Street in Agawam. This car wash will be annoying to residents at Castle Hill condos and she feels it would be a perfect haven for drug dealers. What will happen to this restaurant? We should be supporting our local small businesses. Item D. Minutes 1. Regular Council Meeting – September 3, 2019 Motion to approve the minutes was moved by Councilors Mercadante and Magovern and seconded by Councilor Sandlin. Voice vote approved with Council President Johnson noting the abstention of Councilor Letellier. Item E. Declaration from Council President None. Item F. Presentation of Resolutions 1. TR-2019-55 - A Resolution to exercise the Right of First Refusal Option to meet a bona fide offer to purchase lands classified under M.G. L. Chapter 61A located at 497 South Westfield Street, Feeding Hills, Massachusetts (Mayor Sapelli) (Tabled 9/3/19) Since the Planning Board isn’t meeting until September 19th and Conservation Commission is meeting on September 26th, both to review this item and send us their recommendation, this item will remain on the table. 2. TR-2019-57 - A Resolution authorizing the posting of the warrant for the Town General Election on November 5, 2019 (Mayor Sapelli) Motion to approve made by Councilor Rossi and seconded by Councilors Magovern and Suffriti. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Mineo) approving the item. 3. TR-2019-58 - A Resolution to place a nonbinding public opinion advisory question on the 2019 General Election Municipal Ballot regarding recreational marijuana establishments and the sale of recreational marijuana within the Town of Agawam (Mayor Sapelli) Motion to approve made by Councilor Sandlin and seconded by Council Vice President Calabrese. Discussion began with Councilor Rossi saying he believed this would be a mistake. A few years ago Agawam voted No to legalizing marijuana in the State of Massachusetts by a 47% to 53% margin. In his opinion, there are two options: (1) if towns voted yes, then those towns could sell recreational marijuana or (2) those towns who voted no didn’t need a referendum vote and no further action was needed. He believes it is incumbent upon the City Council to implement this will of the voters and we would be making a horrible mistake. Councilor Rossi thinks it would not be legal to do this and he stands with the people who already spoke. Councilor Mercadante stated he appreciated Councilor Rossi’s views but he too stands with the people. He said he is all for giving people the chance to vote on this issue noting we now have the luxury of hindsight and should give the town a voice. Councilor Magovern said he had initially supported putting this on the ballot but doesn’t believe it should go on the ballot. He supports medical marijuana but not the sale of recreational marijuana. Council Vice President Calabrese recreational marijuana is legal in the State of Massachusetts and that is not going to change. Now that it is legal, the question is do we want to have this in Agawam. It is a different question now that it is legal and she supports and is committed to supporting the will of the people. Councilor Letellier is also committed to following the will of the people. She noted there are bills pending for use of banks by these retail shops. She feels crime is a concern and we need to be careful if this does pass and clarify where these shops would be located. Council President Johnson wanted to clarify (1) Councilor Rossi’s statement about this not being legal is not accurate and according to the Law Department it is legal and (2) the use of recreational marijuana is legal. The ONLY issue here is do we want to allow the sale of recreational marijuana in town. At this point if we do nothing, as of December 31, 2019 it will be legal to sell this in town. Council President Johnson also stated we have to do one of two things – vote yes or no – to place this on the ballot. If this goes on the November ballot and there are four councilors here that are going to vote their conscience and have no intention of following the will of the people then please tell us now. It would be an utter waste of everyone’s time to put this on the ballot and not listen to the will of the people if it indeed passed. It wouldn’t be fair to waste the voters’ time. Councilor Letellier had questions about the timing of it all. Council President Johnson stated that he has worked with the Administration and there are two draft ordinances ready to be placed on our Agenda as New Business at our second October meeting. The timing will be tight and it would make sense to have a joint Public Hearing with the Planning Board but it can be done before the end of the year. Council President Johnson doesn’t mean to call anyone out but he wanted to stress that if you indeed intend to vote your conscience no matter what the people say, please let us know. Councilor Rossi said he would be voting no no matter what. He believes that included in the original measure were specifics and the will of the people has already been spoken. If we legalize this then we are encouraging the buying and selling to minors and he is against that. The vote was 8 YES (Councilors Bitzas, Calabrese, Cavallo, Johnson, Letellier, Mercadante, Sandlin and Suffriti), 2 N0 (Councilors Magovern and Rossi), 1 ABSENT (Councilor Mineo) approving the item. 4. TR-2019-59 - A Resolution authorizing the Mayor to enter into a Lease Agreement between the Town of Agawam and CED Agawam Solar, LLC regarding a solar energy system at 0 South West Street, Feeding Hills, Massachusetts (Mayor Sapelli) Motion to approve made by Councilor Sandlin and seconded by Councilor Cavallo. Councilor Sandlin asked about the timeline of this and would like more information about who the company is and details. Council President Johnson said CED is just a subsidiary of ConEd and confirmed we would be receiving a timeline. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Mineo) approving the item. Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. TOR-2019-6 (PH-2019-5) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding personal wireless facilities and towers (Mayor Sapelli) (Tabled 8/5/19) (1 of Two Readings) (Council Workshop on September 3, 2019) Motion to remove the item from the table made by Councilor Mercadante and seconded by Councilor Cavallo. Voice vote approved. Motion to approve the first reading made by Councilor Magovern and seconded by Councilor Suffriti. Council President Johnson declared the Public Hearing open at 7:32pm. He asked if anyone wanted to speak in favor of this item. No one spoke in favor or in favor name only. There was no one that spoke in opposition or in opposition name only. Council President Johnson declared the Public Hearing closed at 7:33pm. He noted this ordinance was simply to update the wireless ordinance currently in place. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Mineo) approving the first reading. 2. TOR-2019-7 (PH-2019-6) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding Permitted Uses in Business A Districts (Planning Board) (Two Readings Required) (Council Workshop on September 3, 2019) – Public Hearing set for October 7, 2019 Motion to table this item until the Public Hearing on October 7th moved and seconded around the house. Voice vote approved. The item was tabled. 3. TOR-2019-8 (PH-2019-7) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding Use Restrictions in Residence A-3 Districts (Mayor Sapelli) (Two Readings Required) (Council Workshop on September 3, 2019) – Public Hearing set for October 7, 2019 Motion to table this item until the Public Hearing on October 7th moved and seconded around the house. Voice vote approved. The item was tabled. 4. TOR-2019-9 (PH-2019-8) - An Ordinance to amend Site Plan Review requirements pursuant to Chapter 180 of the Code of the Town of Agawam (Planning Board) (1 of Two Readings) (Council Workshop on September 3, 2019) Motion to approve the first reading made by Councilor Sandlin and seconded by Councilor Suffriti. Council President Johnson stated that this ordinance makes the required changes relative to how many copies have to be provided for Site Plan Review along with necessary updates. Council President Johnson declared the Public Hearing open at 7:35pm. He asked if anyone wanted to speak in favor of this item. No one spoke in favor or in favor name only. There was no one that spoke in opposition or in opposition name only. Council President Johnson declared the Public Hearing closed at 7:36pm. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Mineo) approving the first reading. Item J. Old Business None. Item K. New Business 1. TR-2019-60 - A Resolution accepting a devise in the amount of Fifty Thousand Dollars and Zero Cents ($50,000.00) from the Estate of Ada E. Mahoney for use by the Town of Agawam Senior Center (Mayor Sapelli) Next Agenda. 2. TR-2019-61 - A Resolution accepting a grant in the amount of Ten Thousand Eight Hundred and Eighty Dollars and Zero Cents ($10,880.00) from the David M. and Marjorie J. Sherman Fund for Use by the Town of Agawam Senior Center (Mayor Sapelli) Next Agenda. 3. TR-2019-62 - A Resolution authorizing the appropriation of Eleven Thousand and Six Hundred and Seventy Seven Dollars and Fifty Cents ($11,677.50) from the Energy Management Project Stabilization Fund (Mayor Sapelli) Next Agenda. 4. TR-2019-63 - A Resolution confirming the reappointment of Kenneth M. Pietras, 795 North West Street, Agawam, MA to the Agawam Veteran’s Council to a term expiring April 1, 2023 (Mayor Sapelli) Next Agenda. 5. TOR-2019-10 - An Ordinance amending Chapter 33 of the Code of the Town of Agawam (Mayor Sapelli) (Two Readings Required) Referred to Legislative Committee, next Agenda. 6. TO-2019-31 - 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. Item L. Any other matter that may legally come before the City Council. Councilor Sandlin stated her intent on presenting a resolution called the Brave Act for Disabled Veterans. West Springfield recently passed this as well. She has contacted our Assessor and will be working with the Law Department to get this on the Agenda. Councilor Letellier said she would gladly co-sponsor it. Councilor Letellier said it was so nice to be back. She was given a 60%-70% chance and so far so good! Everyone wished her well and were all so happy she was back on the dais. Councilor Suffriti said Councilor Letellier is an inspiration to those who have a long journey ahead. He also said there is a big sign as you come from Springfield into Agawam at the rotary saying the best route to the Big E is through Agawam. He provided the Mayor with photos and stated the Mayor would look into this as he was under the impression there would be signage saying the bridge was under construction and to seek alternate routes. Council Vice President told Councilor Letellier she was right back where she belonged. Councilor Rossi provided a little background on that sign on the rotary saying it’s been there for years and the arrow is moveable. He also said that the Assessor already addressed the Disabled Veterans bill. Councilor Sandlin remarked that she was aware of that and that this was in addition to that previous Act. Councilor Bitzas referred to the woman who spoke at Citizen’s Speak Time about the car wash at Parthenon. He understands we don’t have the power to do what she is asking however it would be important for the Council to state our opinion. Councilor Cavallo noted that he was at that Planning Board meeting and advised the Board that they should have informed abutters about the Public Hearing. They said they were no required to do that. Councilor Cavallo was quite disappointed in that. Councilor Mercadante thought Councilor Sandlin’s idea was a marvelous one. Councilor Magovern agreed with Councilor Mercadante. He talked about vaping and wanted to know if anything further had been done at the schools to prevent this. Councilor Rossi added that the Mayor should take notice that the Planning Board should change their policy. That car wash would affect the quality of life in that area and they should have to notify abutters. Council President Johnson said we could amend the Site Plan ordinance to required abutter notification. However, he wanted everyone to understand that if an application meets Site Plan requirements, the Planning Board’s role is ministerial not discretionary and has to approve it even if they don’t agree with it. Councilor Bitzas agreed that the Planning Board cannot break the law but if they had notified abutters maybe the company would have changed their though process. Council President Johnson again stated that it isn’t public relations, it is ministerial. If a petitioner meets the requirements, then they must approve it. Councilor Sandlin said maybe the Planning and Community Development Director could work with the owner of Parthenon to help them find a new location so they can stay in business. Councilor Magovern stated that he agrees with Councilor Bitzas and does not want to see this restaurant close. Item M. Adjournment. The Motion to adjourn was moved by Councilor Magovern and seconded by Councilor Mercadante. Meeting was adjourned at 7:52pm.