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CC MTG MINUTES MARCH 7 2016 REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated March 7, 2016 Meeting was called to order by Council President Cichetti at 7:00pm at the Auditorium at the Roberta G. Doering School, 68 Main Street,Agawam. Item A.Roll Call ROLL CALL—I PRESENT,0 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, Council President James Cichetti, Christopher Johnson, Gina Letellier, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi,Anthony Suilriti and Richard Theroux.With eleven present,there was a quorum. Item B. Moment of Silence and the Plea a oLAllegiance. Council President Cichetti asked for a moment of silence and the Pledge of Allegiance. IItem C. Citizen's Speak Time Ceil Goslin, Dan Thibault, Miguel Estremera, Tony Spryzenski, William Bobskill and Steven Salvas all spoke in support of Dan Thibault for the open alternate position on the Zoning Board of Appeals stating he was a nice man with a great deal of integrity and honesty. Aldo Mancini also asked for the Council's support on his application for the same position. He also spoke about the Street of Flags committee and their shortage of funds this year. The priority is ' to put flags from the bridge all the way to Veterans' Green. They are approximately $2,000 short and will be raising funds. He thanked the children at the Doering School for holding flags along the procession route for Office Guindon. Joan Linnehan read a letter from a resident in support of pickle ball. Doug Paquette also spore in favor of the pickle ball item. Item D. Minutes ' 1. Regular Council Meeting—February 16,2016 Motion to approve made by Councilor Rossi and seconded by Councilor Suffriti. The voice vote was unanimous of those present with Councilors Letellier and Rheault abstaining. Item E. Declaration from Council President None. r Item F. Presentation of Petitions,Mer wrials&Remonstrances 1. TR-2016-13 -A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the creation of a playground at Wade Park(CPA) ($104,613.00) Motion to approve made by Councilor Letellier and seconded by Councilor Bitzas. Councilor Johnson as Chair of the Finance Committee and on behalf of Chairman Bitzas of the Community Relations Committee provided the report stating that the Finance Committee gave a 5 YES, 0 NO positive recommendation to the Full Council and the Community Relations Committee gave a 4 YES, 0 NO, 1 ABSENT positive recommendation to the Full Council. Councilor Letellier mentioned that the residents will have to take good care of this park especially since it's on 1 Housing Authority land. Councilor Johnson made the point that the land is town-owned land. Councilor Bitzas said it ' was great for the neighborhood. The vote was 11 YES,0 NO approving the item. 1 2. TR 2016-14 -A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the creation of pickle ball courts at Borgatti Field(CPA) ($29,507.00) Motion to approve made by Councilor Cavallo and seconded by Councilor Bitzas. Again, Councilor Johnson as Chair ' of the Finance Committee and on behalf of Chairman Bitzas of the Community Relations Committee provided the report stating that the Finance Committee gave a 5 YES, 0 NO positive recommendation to the Full Council and the Community Relations Committee gave a 4 YES, 0 NO, 1 ABSENT positive recommendation to the Full Council. ' The vote was 11 YES,0 NO approving the item. 3. TR 2016-15 -A Resolution to appropriate funds for Massachusetts Nurses Association (Mayor) Motion to approve made by Councilor CavalIo and seconded by Councilor Letellier. Councilor Johnson as Chair of ' the Finance Committee provided the report stating after discussion it was voted 4 YES, 1 NO to table this item until further information was received. They needed executed Memorandum of Understandings and were unclear of the status of this item. Councilor Theroux stated as a member of the Finance Committee, his understanding was that the town won this negotiation issue and it could not be executed until the Council voted to fund the item. Motion to table made by Councilor Johnson and seconded by Councilor Calabrese. ' The vote was 9 YES,2 NO(Councilors Mineo and Theroux),0 ABSENT tabling the item. Item G. Re pod of Council Committees None. ' Item H. E ecdonx 1. TE-2016-4 -Election of an alternate member of the Zoning Board of Appeals to an unexpired term expiring January 1,2017 Council President asked for nominations. Councilor Mineo nominated Aldo Mancini which was seconded by Councilor Letellier. Councilor Suffriti nominated Dan Thibault which was seconded by Councilor Calabrese. Motion to close nominations made by Councilor Rheault and seconded by Councilor Johnson. The vote was 9 Aldo Mancini,2 Dan Thibault. Item L Public Hearings 1. TOR 2015-9 - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance §180 entitled "Non-Conforming Use" (Councilor Cichetti) (Tabled until Public Hearing date of March 7,2016) (Referred to Legislative Committee) Motion to remove from the table made by Councilor Johnson and seconded by Councilor Letellier. Voice vote was unanimous. Motion to approve made by Councilor Calabrese and seconded by Councilor Mineo. Councilor Theroux as Chair of the Legislative Committee provided the report stating all five committee members sent a positive recommendation to the Full Council. Council President Cichetti declared the Public Hearing open and asked Building ' 2 Inspector Erik Wight to speak on behalf of this item. He gave a detailed presentation stating that if a home was built before the Zoning By-laws and you have a non-conforming structure that you would have to go before the Board of Appeals which could be a three month long process. The Zoning Board of Appeals have appointed the Building Inspector as the Zoning Administrator to allow him to by-pass the three month process on certain simple applications that do not add to the non-conformity. Councilor Johnson supported the idea but was concerned with the language and has some proposed amendments. Councilor Theroux noted he assumed it went through the Law Department and should be fine. Councilor Cavallo felt it cut out a great deal of red tape and delay in the whole process. Dan Thibault, Miguel Estremera and Corinne Wingard all spoke in favor of this item. No one spoke in favor in name only or either in opposition or in opposition name only. Council President Cichetti closed the Public Hearing. Discussion began with Councilor Calabrese speaking in favor however agreeing with Councilor Johnson about the awkward and clumsy language. Councilor Rossi stated this created a healthy balance between ZBA and the Building Department. Councilor Johnson supported the change and proposed two minor wording amendments believing the Building Inspector's determination to be brought up after discussion was completed. Councilor Rossi wanted to clarify that the ' Building Inspector couldn't make a decision that should be brought before the ZBA. Councilor Johnson commented that presently the process is more formalized but with the current language, the Building Inspector can simply verbalize his determination and he personally would like to see that determination in writing. Councilor Johnson also commented on there no longer being a "special" permit and would like to see that wording corrected as well. Councilor Bitzas stated that this ordinance was simple and clear and we don't need an amendment and he supported the item as is. Councilor Letellier stated that the job of a city councilor is to make sure what is passed is able to hold up if challenged and couldn't understand why we wouldn't want to clarify the ordinance with the proposed ' amendments — it makes so much sense. Councilor Theroux commented that the actual permit is in writing and this item was previously reviewed by the Law Department and that the Council should play attorney at these meetings. He also questioned why wait until now to make the amendments when this item has been on the Agenda for quite some time. He believes if a councilor has questions, he/she shouldn't wait until the last minute to ask them. In the future he would prefer it brought forward earlier. Councilor Cavallo moved the question and was seconded by Councilor Letellier. The vote to move the question was 10 YES, 1 No (Councilor Bitzas). Councilor Johnson made the Motion to amend by adding "in writing" and by deleting "special" before the word permit; this was seconded by Councilor Calabrese. The vote was 8 YES (Councilors Calabrese, Cavallo, Cichetti, Johnson, Letellier, Rheault, Rossi, Suffriti), 3 NO(Councilors Bitzas, Mineo and Theroux). Motion to approve the item as amended made by Councilor Rossi and seconded by Councilor Cavallo. The vote to approve the item as amended was 10 YES, 1 NO(Councilor Mineo)approving the item as amended. Item J. Old Business 1. TOR-2016-1 - An Ordinance to amend the Code of the Town of Agawam Chapter 49 entitled "Personnel"to update the wages for certain unclassified positions (Mayor) (Two Readings Required) Motion to approve made by Councilor Johnson and seconded by Councilor Letellier. Councilor President Cichetti noted this was the first of two readings for this item and asked for the committee report. Councilor Theroux as Chair of the Legislative Committee gave the report stating his committee voted 5-0 to send a positive recommendation to the ' Full Council. The vote was 11 YES,0 NO approving the first reading. 1 ' 3 Item R New Business 1. TR-2016-16 -A Resolution to appropriate$61,698.58 from the Agawam Golf Course's Retained Earnings account to various Golf Course Operating Accounts(Mayor) ' Next Agenda,referred to both the Finance and Ad Hoc Golf committees. 2. TR-2016-17 -A Resolution confirming the appointment of Aldo Mancini,Jr., 482 South West Street Feeding Hills, MA. to the Agawam Veteran's Council to a term expiring April 1, 2019 (Mayor) INext Agenda. 3. TR-2016-18 -A Resolution to name the bandshell at School Street Parr in honor of Darcy B. ' Davis, Jr.(Mayor) Next Agenda. 4. TR-2016-19 - A Resolution appropriating funds from Golf Course Retained Earnings to the General Fund(Mayor) Next Agenda,referred to both the Finance and Ad Hoc Golf committees. 5. TO-2016-6 -Budgetary Transfer(Mayor) From the following: Golf Adv&Promotion 65262-52010 $1,200.00 Golf Eq.Rep/Maint Rep 65262-52030 $2,000.00 ' Golf Telephone 65262-52150 $ 639.00 Golf Dues&Sub. 65262-52170 $ 137.00 Golf Contractual Serv. 65262 52360 $2,320.00 Golf Fuel&Oil 65262-52130 $6,500.00 ' Golf Chemicals&Lab 65262-52310 $3,237.00 To the following: Golf Reg.Temp. 65261-51020 $11,458.00 Golf Overtime 65261-51030 $ 150.00 Golf Grds&Bld Maint 65262-52020 $ 1,05&00 Golf Misc. 65262-52290 $ 137.00 Golf Material&Equp. 65262-52370 $ 3,000.00 Golf Telephone 65269-52150 $ 230.00 ' Next Agenda,refereed to both the Finance and Ad Hoc Golf committees. 6. TO-2016-7 - Council Transfer of $1,500.00 from Council Professional Services (#11112- 52190)to Travel/Training(#11112-52390(Council) Next Agenda. 1 4 7. TO-2016-8 -Voucher$2,587.87(Council) Next Agenda. t 8. TO-2016-9 - Budgetary Transfer for DPW of $50,000.00 from Street/Infrastructure Improvement Program (#16610-52460) to Highway & Grounds Professional Services (#14202- 52990)(Mayor) ' Next Agenda,referred to Finance Committee. ' Item L. Any other matter that may lesally come before the City Council. Councilor Cavallo reminded,his School Budget Committee to check the time table for the budget meetings. The Superintendent should have the budget to the committee 7-10 before the actual presentation. Councilor Theroux thanked the administration for making sure the appropriate departments all have Narcan available to them in case of emergency. He asked for a Memo to be sent to the Mayor inquiring about the quality of the town's water and would ' like it in writing. Councilor Letellier asked for more details from the Administration on street paving projects. Council President along with Councilor Bitzas attended a forum at Chicopee High School to listen to Chris Herron and reminded everyone about the Forum on Addiction on April 13d. Item M. Adiournment. The Motion to adjourn was moved and seconded all around the house. The time of adjournment was 8:05pm. 1 ' 5