Loading...
CC MTG MINUTES JULY 11 2016 REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated July 11, 2016 Meeting was called to order by Council President Cichetti 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, Cecilia Calabrese, Council President James Cichetti, Christopher Johnson, Gina Letellier, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. Councilor Cavallo was absent. With ten present, there was a quorum. Item R. Moment of Silence and the Pledge of AlIeLyiance. ' Council President Cichetti asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen's Speak Time The following citizens spoke against the proposed project by HAP on Mill Street: John Fellion, Suzanne Fleming, Anthony Provost and Jessica Cleveland. All spoke against this project wondering how it could have gotten this far without any information from the administration. They noted that this type of project would not fit into that area. Mike Zimmer of Ameresco also spoke in favor of TR-2016-42 and using the structured tax agreement made with the Mayor and Assessor. ' Item D. Minutes 1. Regular Council Meeting—.Tune 20,2016 Motion to approve made by Councilor Theroux and seconded by Councilor Calabrese. Voice vote approved with Councilors Letellier and Rheault abstaining. Item E. Declaration from Council President None. ' Item F. Presentation of Petitions.Memorials&Remonstrances 1. TR-2016-44 - Resolution accepting a grant in the amount of$15,000.00 pursuant to M.G.L c44,§53A from the Massachusetts Housing and Community Development to the Town of Agawam (Mayor)(Referred to Finance Committee) ' Motion to approve made by Councilor Rossi and seconded by Councilor Johnson. Councilor Johnson as Chair of the Finance Committee provided his report. After a brief discussion regarding the fact that the sub-committee is ' appreciative of the work that went into obtaining the grant,a motion to make a positive recommendation to the Council on this item was made by Councilor Cavallo and seconded by Councilor Mineo. The motion was approved by a 3 yes 0 no and 3 absent vote. There was no further discussion on the item. ' The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo)approving the item. 1 1 ' 2. TR-2016-45 -Resolution authorizing the Posting of the Warrant for the State Primary Election on September 8,2016 and the State Election on November 8,2016.(Mayor) Motion to approve made by Councilor Rheault and seconded by Councilor Letellier. ' The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo)approving the item. ' 3. TR-2016-46 -Resolution accepting payments from MA Solar Highway Phase 2 LLC in accordance with Massachusetts General Laws Chapter 59, § 38H(b) to the Town of Agawam (Mayor) (Referred to Finance Committee) ' Motion to approve made by Councilor Johnson and seconded by Councilor Rossi. As Chair of the Finance Committee, Councilor Johnson provided a report stating Mike Zimmer from MA Solar Highway Phase 2 LLC was in attendance ' and indicated that the proposed PILOT agreement is preferred to obtain financing for the proposed project. He pointed out that the total amount paid over the life of the agreement is equivalent to what the town would receive if it taxed the project traditionally. Those figures were confirmed by written presentation from Kevin Baldini,Assessor. After brief discussion, a motion to make a positive recommendation to the Council on this item was made by Councilor Cavallo and seconded by Councilor Mineo. The motion was approved by a 3 yes 0 no and 3 absent vote. There was no further discussion on the item. ' The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo)approving the item. 4. TR-2016-47 -Resolution to rescind the unissued balance on certain debt authorizations (Mayor) (Referred to Finance Committee) Motion to approve made by VCouncilor Rheault and seconded by Councilor Johnson. As Chair of the Finance ' Committee, Councilor Johnson provided a report stating Treasurer/Collector Placzek was in attendance at the sub- committee meeting and indicated that the resolution was a housekeeping measure to rescind unused balances on previously approved bonds. After a brief discussion, a motion to make a positive recommendation to the Council on this item was made by Councilor Mineo and seconded by Councilor Cavallo. The motion was approved by a 3 yes 0 no and 3 absent vote. No further discussion was had. The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo) approving the item. ' 5. TR-2016-48 - A Resolution authorization accepting "Project Funding Agreement Accelerated Repair Program"for the Roberta G. Doering School(Mayor on behalf of the School Committee) (Vote to be withdrawn per Superintendent's letter as sent by the Mayor) Motion to withdraw the item as requested by the Mayor with the letter from the Superintendent was made by ' Councilor Johnson and seconded by Councilor Rossi. The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo)approving the item. Item G. Report of Council Committees ' None. Item H. Elections None. t ' 2 Item L Public Hearings 1. TR-2016-41 -A Resolution adopting the City of Agawam Local Natural Hazards Mitigation Plan Update 2016(Mayor) (Tabled 6/20/16) ' Motion to remove the item from the table made by Councilor Letellier and seconded by Councilor Rossi. Voice vote approved. Motion to approve the item made by Councilor Theroux and seconded by Councilor Johnson. Council President Cichetti declared the Public Hearing open. No one spoke in favor, in favor name only, in opposition, in opposition name only. Council President Cichetti declared the Public Hearing closed. There was no additional discussion regarding the item. The vote was 10 YES,0 NO, 1 ABSENT(Councilor Cavallo)approving the item. Item J. Old Business 1. TO-2016-21 - Order granting or renewing a Junk Dealer's PERMIT for T's Jewelers, 559 Springfield Street,Feeding Hills,MA (Clerk) (Referred to Administrative Committee) (Tabled 6/20/16) Motion to remove the item from the table made by Councilor Theroux and seconded by Councilor Rossi. Voice vote ' approved. Motion to approve the item made by Councilor Bitzas and seconded by Councilors Theroux and Rossi. As Vice Chair of the Administrative Committee, Councilor Suffriti provided the report stating that the applicant was in attendance. Conditions were recommended by the committee. Councilor Johnson made the Motion to amend the item ' which was seconded by Councilor Bitzas. The following conditions are to be placed on the license/permit: • Change name on license to T's Art Studio ' • Limit license to jewelry repairs and jewelry design s Limit licensed premises to by appointment only access for customers/clients No open retail hours of operation at the licensed premises Motion to approve the item as amended made by Councilor Johnson and seconded by Councilors Suffriti, Bitzas and Rossi. ' The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo)approving the item as amended. Councilor Letellier also noted that the third page of the application was not properly notarized and wanted the page resubmitted. Motion to have page resubmitted made by Councilor Letellier and seconded by Councilor Johnson. ' The vote was 10 YES,0 NO, 1 ABSENT(Councilor Cavallo). 2. TO-2016-22 -Voucher 51,188.00(Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Rheault. As Chair of the Finance Committee Councilor Johnson provided the report stating that a motion to make a positive recommendation to the Council on this item was made by Councilor Cavallo and seconded by Councilor Mineo. The motion was approved by a 3 yes 0 no and 3 absent vote. Councilor Johnson mentioned that this was to pay our annual BoardPaq invoice. The vote was 10 YES, 0 NO, 1 ABSENT(Councilor Cavallo)approving the item. I3 3. TO-2016-23 - Voucher S288.93 (Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Rheault. As Chair of the Finance Committee Councilor Johnson provided the report stating that a motion to make a positive recommendation to the ' Council on this item was made by Councilor Cavallo and seconded by Councilor Mineo. The motion was approved by a 3 yes 0 no and 3 absent vote. Councilor Johnson also noted that this voucher was for basic office supplies. ' The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo)approving the item. 4. TO-2016-24 -Budgetary Transfer of$150,000.00 from Police Permanent Salary(#12101- 1 51010)to Police Motor Vehicle(#12104-58500)(Mayor)(Referred to Finance Committee) Motion to approve made by Councilor Sitzas and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson gave his report Chief Gillis was in attendance and indicated that since he had difficulties filling the new police officer positions, there was a substantial balance left in the Police Salaries line item. The Chief wants to utilize the funds to replace ancillary vehicles such as the police resource officer vehicles with new marked cruisers. The vehicles being replaced are all former cruisers with high mileage and in poor condition. The Treasurer also mentioned that she didn't think this would have any significant impact. After a brief discussion, a motion to make a positive recommendation to the Council on this item was made by Councilor Mineo and seconded by Councilor Cavallo. The motion was approved by a 3 yes 0 no and 3 absent vote. There was no further discussion. The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo)approving the item. 5. TO-2016-25 -Budgetary Transfer$15,000.00 from Building Maintenance Building Improvements (#11922-58250)to Building Maintenance Professional Services (#11922-52190) (Mayor)(Referred to Finance Committee) ' Motion to approve made by Councilors Rossi and Rheault and seconded by Councilor Johnson. Again, Councilor Johnson provided the Finance report stating that Building Maintenance Director White was in attendance and indicated ' that the funds would be utilized to complete a feasibility study for replacement of the Middle School boilers as required by the school building assistance program. The boiler are old and should have been replaced in 2012. They are over fifty years old. The hope would be that the project would receive state approval and funding allowing for replacement of the boilers in 2017. .After a brief discussion, a motion to make a positive recommendation to the Council on this item was made by Councilor Mineo and seconded by Councilor Cavallo. The motion was approved by a 3 yes 0 no and 3 absent vote. There was no further discussion. The vote was 10 YES,0 NO, 1 ABSENT (Councilor Cavallo)approving the item. Item K New Business ' 1. TR-2016-49 -A Resolution confirming the appointment of Paul Jenney,367 North Westfield Street,Feeding Hills, MA to the Agawam Housing Committee to a term expiring May 31,2018 (Mayor) Next Agenda. 2. TR-2016-54 - A Resolution confirming the appointment of Gladyz Fernandez-Largay,M.D., 187 Edgewater Road,Agawam,MA to the Board of Health to a term expiring the first Monday in February,2019(Mayor) Next Agenda. 4 3. TR-2016-51 -A Resolution authorizing the borrowing and appropriation in the amount of $57,400.00 for engineering services for the design and construction of the replacement of the water main in the vicinity of Springfield Street and Suffield Street(Mayor) Next Agenda,referred to Finance Committee. 4. ZC-2016-1 -Petition for Zone Change by Cloverleaf Realty Group,Inc.for property located at 0 Suffield Street and 83 Mill Street from Residence A-2 Agricultural and business A to Business A in entirety Next Agenda, referred to Planning Board to set their Public Hearing and for us to set our Public Hearings as well as referred to Legislative Committee) 5. ZC-2016-2 -Petition for Zone change by Tirane Development Corp.for property located at 186 Maple Street from Residential A-2 to Residence B District Next Agenda, referred to Planning Board to set their Public Hearing and for us to set our Public Hearings as well as referred to Legislative Committee) Item L. Any other matter that may le2wJly come before the City Cnunca ' Councilor Letellier mentioned the Council received a letter from Herbology about proposing a medical marijuana facility in Agawam and meeting with the Council. She inquired about using our Professional Funds to hire a lawyer to ' help guide us. She read the letter noting that their "compliance director" is actually a chiropractor from the State of New York and how would that qualify that person? Councilor Letellier has many questions she would like answered and inquired about a workshop. Councilor Letellier also asked for an update from the Planner, Marc Strange, on the ' empty Pride Station on Main Street. Councilor Calabrese concurred as well as possibly including HAP in the workshop. Councilor Theroux suggested using our Associate Solicitor Buoniconti on this as he would be quite knowledgeable. Councilor Rossi also had several questions and expressed being upset about the HAP project. Why wasn't the City Council included in any of this? That area was being looked into as a potential Early Childhood Center and noted that if they use 40b are hands are truly tied. Councilor Rheault agreed with Councilor Letellier on pursuing using our professional funds and said he attended the meeting with the surrounding citizens on Sunday and said HAP was in attendance as well. Councilor Bitzas agreed as well. He proposed a Resolution from the City ' Council to officially oppose the HAP project. Councilor Johnson responded to Councilor Bitzas saying a private sale takes it out of our hands. Councilor Suffriti supports the citizens as well and thanked them for attending and expressing their concerns. Councilor Johnson wanted to reach out to HAP and ask them to meet with us regarding ' their proposal so the Council would at least have base line information. He agreed that we should contact the Law Dept. to get a legal opinion on the marijuana facility project but believed it needed site plan approval prior to coming to the Council or prior to getting approved. Council President Cichetti mentioned he went to a basic meeting back in ' March with Corinne Wino rd and Marc Strange regarding types of upcoming projects but had nothing definitive to report as there was nothing specifically on their horizon. It was more of an informational meeting but agreed with Councilor Johnson that if they go with 40b that there is not much the town can do. He also heard from one of the area ' residents that the Purchase and Sale is due to close near the end of July. We will request to receive contamination reports on soil testing and would like a workshop as well. He wondered if there was an endangered species there (as one of the residents mentioned) could this put a stop to the project. Councilor Johnson recommended to the abutters that they retain private legal counsel to inquire what remedies they have. Item M. Adoournment. The Motion to adjourn was made by Councilor Johnson and seconded by Councilors Letellier and Theroux. The time of adjournment was 8:04pm. r i