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CC MTG MINUTES AUGUST 7 2017 REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated August 7, 2017 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—9 PRESENT,2 ABSENT Roll Call was taken with the following councilors present: Paul Cavallo, Council President James Cichetti, Christopher Johnson, Gina Letellier, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. Councilors Bitzas and Calabrese were absent. With 9 present,there was a quorum. Item B. Moment of Silence and the Pledge ofAlle�iance. Council President Cichetti asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen's Speak Time The following citizens spoke: • Corinne Wingard spoke about the Harold Grinspoon Thermal Imaging Pilot Program ' + Diane Labbe spoke about zone changes taking away our farm land Item D. Minutes *' 1. Regular Council Meeting—July 10,2017 Motion to approve made by Councilors Letellier and Rheault and seconded by Councilor Johnson. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Petitions.Memorials& Remonstrances 1. TR 2017-41 - A Resolution authorizing the reservation and appropriation of funds from the Community Preservation Fund (CPA) Motion to approve made by Councilor Letellier and seconded by Councilor Johnson. ' The vote was 9 YES,0 NO,2 ABSENT(Councilors Bitzas and Calabrese)approving the item. f ' 2. TR-2017-42 - A Resolution confirming the reappointment of Shelby Hall-Gibbons, 49 Anvil Street, Feeding Hills, MA. to the Agawam Board of Registrars to a terra expiring April 1, 2020 (Sponsored by Mayor Cohen) Motion to approve made by Councilor Theroux and seconded by Councilor Letellier. Councilor Theroux stated he had the pleasure of working with Ms. Gibbons and the Council could show our thanks by supporting her with our vote. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) confirming the reappointment. Council President Cichetti thanked her for her service. �' 1 3. TR-2017-43 - A Resolution confirming the appointment of Alice Smith, 523 North Westfield Street, Feeding Hills, MA to the Community Preservation Act Committee to an unexpired term expiring April 30,2019(Sponsored by the City Council) Motion to approve made by Councilor Johnson and seconded by Councilor Suffriti. .' The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) confirming the appointment. Ms. Smith was thanked for her service by Council President Cichetti. 4. TR-201744 -A Resolution accepting a gift in the amount of$35,000.00 from John Bakos pursuant to M.G.L. chapter 44, Section 53A for the pickle ball courts at Borgatti Field (CPA) (Referred to Finance Committee) •� Motion to approve made by Councilor Theroux and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided his report stating that the committee gave a positive recommendation for passage. Councilor Theroux noted that rarely does this happen where we receive such a generous donation and supported the item. Councilor Johnson publicly thanked Mr. Bakos for his extraordinarily generous donation. Mr. Bakos was in the audience and received a round of applause. • The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese) approving the item. Council President again thanked Mr. Bakos for his generosity. 5. TR-2017-45 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation funds for the creation and rehabilitation of a playground at • Perry Lane(CPA) (Referred to Finance Committee) Motion to approve made by Councilor Johnson and seconded by Councilor Letellier. As Chair of the Finance Committee, Councilor Johnson provided his report stating that Councilor Johnson wanted to publicly thank the Lion's Club for its contributions to this playground as well. Councilor Letellier thanked fellow Councilors Bitzas and Johnson who are on the Lion's Club — the club shared in the fundraising efforts and she was glad the playground is getting the attention it deserves. The vote was 9 YES,0 NO,2 ABSENT(Councilors Bitzas and Calabrese)approving the item. 6. TR-2017-46 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation funds for the preservation of a historical safe (CPA) (Referred to Finance Committee) ' Motion to approve made by Councilor Cavallo and seconded by Councilor Johnson. As Chair of the Finance Committee, Councilor Johnson provided his report stating that the committee gave a positive recommendation for passage. The vote was 9 YES,0 NO,2 ABSENT Councilors Bitzas and Calabrese)approving the item. ( Pp g 1 7. TR-2017-47 - A Resolution authorizing the expenditure of Community Preservation funds for the creation of pickle ball courts at Borgatti Field (CPA) (Referred to Finance Committee) ' Motion to approve made by Councilor Suffriti and seconded by Councilors Mineo, Rheault and Johnson. As Chair of the Finance Committee,Councilor Johnson provided his report stating that The vote was 9 YES,0 NO,2 ABSENT (Councilors Bitzas and Calabrese)approving the item. • Item G. Report of Council Committees None. i� z AM Item H. Elections None. ' Item L Public Hearin s 1. ZC-2017--2 -Petition for Zone Change by Halladay Farm Trust for property located at 311 Shoemaker Lane from Residential A-3 and Agricultural to Industrial B District Public Hearing Set for September 5, 2017(Referred to Legislative Committee)(to be withdrawn for revisions) Per the email of the Solicitor on August 3, 2017,this item needed to be withdrawn from the agenda as the zone change request had been substantially revised by the Petitioner. Motion to remove the item from the agenda made by Councilor Johnson and seconded by Councilor Letellier. The vote was 9 YES,0 NO,2 ABSENT(Councilors Bitzas and Calabrese)removing the item. 2. TOR-2017-9 -An Ordinance to amend Chapter 180 of the Code of the Town of Agawam — Temporary Moratorium on recreational marijuana establishments (Sponsored by Mayor Cohen) (Two Readings Required)Public Hearing Set far September S,2017(Referred to Legislative Committee) Public Hearing Date is set for September 5, 2017. Motion to table until September 5, 2017 made by Councilor Johnson and seconded by Councilor Suffriti.. The vote was 9 YES,0 NO,2 ABSENT(Councilors Bitzas and Calabrese)tabling the item. ' Item J. Old Business 1. TOR-2017-7 - An Ordinance to Add Section 3-8.7 to the Code of the Town of Agawam entitled Capital Improvement Planning Committee (Sponsored by Councilors Cichetti, Mineo and Suffriti) (Second and Final Reading)(Referred to Finance and Legislative Committees) Motion to approve the second and final reading made by Councilor Letellier and seconded by Councilor Johnson. ' Councilor Rossi stated he could not support this item and found it redundant and contrary to the Town's Charter. He thought the Council should weigh their decision carefully as it is the Mayor's responsibility to submit the CIP to the City Council. Councilor Theroux felt this ordinance is reactionary to the budget situation and agreed with Councilor Rossi. Councilor Letellier respectfully disagreed. This is meant to be complimentary to the Mayor's power not usurp his power. The Mayor has always said don't talk to my department heads and this ordinance would enhance communication and transparency. She noted that every year we receive the budgets late and the reason she personally waits to make comments at budget time is so the public can at least know what is going on. The Council is not involved in any of the process and the public has a right to know what is going on. Having this ordinance creates more transparency and it is the Council's job to dissect the information it is given. Councilor Mineo agreed with Councilor Letellier and noted that this creates a check and balance and firmly believes it is complimentary to the process. Councilor Cavallo agreed with Councilor Letellier as well. There will be a new mayor for this next budgetary process and he believes the new mayor would likely be receptive to this open communication. The Council is the legislative branch of government and we need to look to change the communication with the Council. Councilor Rossi read parts of the Charter and believed it will come back to haunt the Council. Councilor Johnson stated that he finds no conflict whatsoever with the Charter. If anything, this ordinance would provide more information for analysis in the process. In fact,a bulk of the proposed committee would be made up of department heads. The subsection that Councilor Rossi read recognizes the Mayor's right and duty to submit a CIP to the City Council and this does not in any way take that right away. Councilor Rheault asked if the Mayor agreed or disagreed with this item in the Agenda Review meetings. It was noted that the Mayor stated it was not necessary to have this and it was our item and the Solicitor stated it went 1 against the Charter. Councilor Rheault stated that as the eldest member of the City Council, there was a disruption of government back when we first had a town manager. Councilor Cavallo didn't see it as a big issue and more importantly, people need to communicate more — this was not a negative — simply the City Council wanting to be included in and looking for more information in the process. 3 a JMotion to table made by Councilor Mineo and seconded by Councilor Theroux. The vote was 8 YES, 1 NO(Councilor Cavallo),2 ABSENT(Councilors Bitzas and Calabrese)tabling the item. 2. TOR-2017-8 - An Ordinance to amend Section 49-7(9)(D)(1) of the Code of the Town of Agawam to update the hourly wages for seasonal laborers and Meals on Wheels drivers (Sponsored by Mayor Cohen) (Second and Final Reading) (Referred to Finance Committee) Motion to approve the second and final reading made by Councilor Theroux and seconded by Councilors Letellier and Suffriti. Council President Cichetti mentioned that this item needed to be amended per the Memo by the Solicitor adding the seasonal custodian to the ordinance. Councilor Johnson inquired if it could be amended after the first reading had already taken place. Council President Cichetti stated we asked that same question in the Agenda Review earlier that day and was told by the Solicitor that it could be amended. Motion to amend made by Councilor Johnson and seconded by Councilor Letellier. The vote was 9 YES, 0 NO, 2 ABSENT (Councilors Bitzas and Calabrese)tabling the item. Main Motion as amended made by Councilor Theroux and seconded by Councilor Letellier. i The vote was 9 YES, 0 NO,2 ABSENT (Councilors Bitzas and Calabrese) approving the second and final reading as amended. Item IC New Business 1. TR-2017-48 - A Resolution to appropriate and authorize borrowing in the amount of$1,290,675.88 for engine replacement and fleet improvement project(Sponsored by Mayor Cohen) Referred to Finance Committee,next Agenda. 2. TR-2017-49 - A Resolution authorizing the adoption of Orders of Taking for the Morgan Sullivan 4 Bridge Project under the authority of Section 14 of Chapter 40 and Chapter 79 and Chapter 84 of the General Laws for the construction and maintenance of the Morgan Sullivan Bridge Project(Sponsored by Mayor Cohen) Referred to next Agenda which will be the only item heard at the Special Meeting on August 14, 2017. 01 3. TO-2017-28 -Voucher List for MMA Annual Dues$5,434.00 Referred to Finance Committee, next Agenda. i4. ZC-2017-3 - Petition for Zone Change by Vitaliy Hrom for property located at 1178 Suffield Street, Agawam from Industrial to Residence B—Suggest Public Hearing date of September 18,2017 and refer to Planning Board for their Public Hearing Referred to Legislative Committee, next Agenda. The item will also be referred to the Planning Board for their public hearing as well. 5. ZC-2017-4 - Petition for Zone Change by Halladay Farm Trust for property located at 311 Shoemaker Lane from Agricultural to Industrial B and Residential A-3 District - Suggest a Public ' Hearing date of September 18,2017 and refer to Planning Board for their Public Hearing Referred to Legislative Committee, next Agenda. The item will also be referred to the Planning Board for their public hearing as well. i 4 s 6. TOR 2017-10 - An Ordinance to amend the Code of the Town of Agawam Zoning ordinances to add solar energy systems(Sponsored by Councilors Cichetti,Mineo and Suffriti)(Two Readings Required)— Suggest a Public Hearing date of September 18, 2017 and refer to Planning Board for their Public Hearing Referred to Legislative Committee, next Agenda. The item will also be referred to the Planning Board for their public hearing as well. Item L. AnE other matter that may legally come before the Qq CounciG Councilor Cavallo stated he would give his Administrative Committee meeting at the Special Meeting on August 14`'. Councilor Suffriti wanted to publiclythank Mr. David Peters for tearing down Games & Lanes. He took it over in g April of 2016 and fifteen months later it was down. Council Vice President Mineo inquired about Ceasar's and asked for an update. Councilor Cavallo stated he had spoken to the Building Inspector who said there wasn't much he could do. Councilor Letellier argued that there is money in the blighted property account and that could be used. Council President Cichetti reminded everyone that Monday, August 14'4 would be a Special Meeting with the only agenda item being land takings resolution. The meeting would be at the library at 7.00pm. • Item M. Ad'ournment. The Motion to adjourn was moved by Councilor Theroux and seconded all around. Meeting was adjourned at 7:42pm. I� ! i� *� 5 TOR-2017-7 AN ORDINANCE TO AM SECTION-4-8.7 pursuant to sub-section(C)below. Any capital funding request that is at vadarlca from the TO THE CODE OF THE TOWN OF AGAWAM ENTITLED CAPITAL 11APROVEMENT PLANNING COMMWrJEE Capital Improvement Pianning Committee's written recommendation shall be acmmpanfed by ' (Sponsored by Coundlatn lames Ckhetti,Joseph Mines and Anthony Su" a written yostificetion of the variance,includbg a cornparison of the rust-6enefH anal for t31eaffected project. WHSREA$,it is essential to the Mum fiscal health of our city that appropriate planning take place regarding proposed caplta(improvement Projects, B. The Capital Improvement Plarsnlog Committee shall study ag propased cai projects WHEREAS,there needs to be better communication and transparency between the and improvements Involving major rmrorecurdng tangible assets and projects which;la)are admniuirra[pn,the school department and the City Council regarding proposed capital purchased or undertaken at Intervals of not lets than five(5)years;(b)have a useful life of a Improvement projects; WHEREAS,the creation of a Capital Improvement Planning fostmlttee"it foster least five(5)year.:and(e)are refinatedto costoverten thousand(S30,000OO)dollars ' greater Communication and allow all the stakehoders in our Community to participate in the capital planning pro®ssfor Agawam'sfrturr, C. The Capital Improvement Program prepered by the Mayor In accordance wish Section 5- WHEREAS,A h in the best interests of the City of Agawam to create a Capital 3 of the Agawam Nome Rule Chaper shall include a sectlart which includes the written Improvement Planning Committee to assist the Mayor and CAy CouAcg in the planning and impemeatation of a past projectsin Agawam;and rernmmendat'iuns of the Capital Improvement Planning Committee regarding all proposed NOW THEREFORE,THE AGAWAM CITY COUNCIL hereby resolves.ordains and enacts the capital projects which meat the raqukementsofsub-sectiars B abase. following addition to Chapter 3 of the Code of the Town of Agawam: D. Ali department heads,heerili cemmissbnandlor committees,including the Maya and ' §340 CaPkal ltnpharmse teat Planning Com efttee the Sehool Committee,shag by January lu of each year give the Caottal koprcwerment P4arvi A There shaI be establidted a Committee known as the Capital Improvement Planning Committee,an a tam prepared by it,information inchrdfng but not limited to,an explanation Committee which shall be comprised of the following individi or their designees: lay the of the need for the project;an analysis that Identifies the cost estFinarlpa of MdAlcoal Trmasure/Collector,(b)the Building Maintenance DireRer,(c)the Superintendent of Public operational end personnel casts associated with the project;and the proposed wurce of Works;(dl the Director of parks and Rs cteetian;fey the Coy Council PTesfderk M the School funding far the capital project,for all requested capital projects which meet the requirements Superintendent;and(if a School Committee member. The Capital Improvement Planting of ru,"acteoh B aboree vd'Ilch axe to be inducted In the upmri caphat impeovamenr Committee shah provide recornmendaticns,in wrfling to the Mayor and the City Councl Program. • ' TOR 200-8 AN ORDINANCE TO ATPIEND SECTION 44-7(9)(D)(L)OF THE CODE OF THE TOWN OF AGAWAM TO UPDATE THE HOU.IiI,Y WAGIL4 FOR SEASONAL LABORFP-14 AND MEALS ON WIICLLS DRnIRS (Spore-red b}Mayor Richi A CoFeo) WINKREAS,scsssonai luhmr ;and?deals on 141 drivers are crucial to the economy, inftastructute.:taweLlheepg afthe cittwasoftbc invm;and WHEREAS,Agawam wasowd laborers and Meals on Wheels drivers hrii been Linda- In preparing Its rlrcammendatiorw,the Capital Improvement Planning Committee shall p6d,rich no increase in payment rates since 2001;and nsfder the relatrse need,utspact ti and coot of the proposed caFital protects and[be W HF.REAS,minimum wage is 4he Comnwnnealth of�iessaa`tihusetts is St 1 Ad cgt car ive eo '^ang a Ja aegy 1,1017:and effect each will have on the financial posi0o1 of the city_No appropriatiot shall be voted fur a WHEREAS,it is vital to reeruit and retain eapahle employees to perform such raocvs y capital project unless the proposed capital project is considered first by the Capital work for the Towit Compared to tales heing paid in the privau:wctor. Improvement Planning Committee, a the Committee shatl i�rst have submitted a NOW TIILMOORE,the Agawam City Council the city amends the hourly Totes case H:mcd In Scciion 49-7(9)(D)(1)Exhibit"A"of the Code of the Town of Agewam aw- recommendation for the project to ine Mayor and the City Council,except In case of art five July 1,2017 as folio": emergency project. Posftfun Tillc Curtrnt$fig-_-_ New Rtdc laborer,seasonal 37.24.59.00 $11.fi0-S15.00 Meals on Whei Driver ST5fi-$1I,00 31 I.UG 15.00 i� oATE0 THIS_,_OF 21117, J)cii this_____. day of_.. ____2017. Pf a ORDER OF THE AGAWAM Ott W UNLIL P}:R ORDER OF THE AGAWAM CITY COUNCIL lames P,Cithect4 President L APPROVEDA470 FORM AND LEGaury Jame P,t`ichctii,ptcsidmtt A jO�VtJED AS TO FORM AND I,W.ALITY Patddc M-ToneY,5alc1[er Z7 Pwrirk M'innvv Cih-Cnlia`fenr i TR 2017- f A RPSOLUTION AUTHORIZING THE REST_RV ATION AND APPROPRIATION OF Ft NM FROM TILE COMMUNITY PRESERVATION FbWD TA-2017-42 W HRREAS,the voters of Agawam chose to form a Community Preservation Committee,aad A RESOLUTION CONFIRMING THE REAPPOINTMENT OF SHE1RYHALL-G188O4 .� WHEREAS,one of the Community Preswmion Comtm moc'e requirements is that it 49ANVIL STREET,FEEDING HfL15,MA 02030 reserves funds for specific uses under the Commtmity Pteservation Act; TO THEAGAWAM ROARD OF REGISTRARS TOATERM EXPIRINGWREREAS,the Community PresetwUmCommlttee'sbr teWmmendedlhoi APRIL I,2020 $55,719.02 should be served for Open Space Rom m the Comun Rser ity evation Fund estimated annual fiord revenue for fiscal yam 201 a WHEREAS,the term ofShelby Hod-Wbbons has expfredjrom the Agowmn Board of WHFRRAS,tbs Ct®muoi4v Preservuim Commitee's has roco—w that Ret;Wmrs;and $55.719.02 should be resayed for Historic Rwamces from the Community Presevation Fund WHEREAS,the Mdywr has reeppniared Shelby Hp1f-Grbborx,49 Anr05treet,Feeding estimated anmuat fund revenue for fiscal year 2019 IMIS,MA 0I0W to the Agawam Rpurd of Registryrs to a term expiring April 1,24)20; WHEREAS,the Cnmmantty Ytesetvarion Commitee's has recommended that $55,719.02 should be reserved for Community Housing from the Community Pne mtim Fund NOW THEREFORE THEAGA WAM CRY COUNCIL hereby resolves to oonffvm the estimated annul fund revenue for fiscal.year 2013 regW2int1ne0t OfShe7by Holl-Gibbons,49 Anvil Street Feeding Hills,MA 01030to the Apownt Hoard of Registrora(0 a term expir,tgApr)?t 2Q0. WHEREAS,the Community Preservanion Committee's has reacrnmeded that S27,859.51 should be apprquierlod for Adrmnisradw Fxpensea from the Community Preservation Fund ealimaied annual fiord avenue for fiscal year 2018 OAYOF 1027 WHEREAS.the Commmriiy Preservation Co mrcdltee's Oas ra m omended that DATED THIS $36ZI 73.60 should be reserved fec Budgeted Reserve from the Community Pteaervafioo Fund eStirnated annual fiord roverm for fsval yam 201R NOW THEREFORE,BE IT RESOLVED BY THE AGAWAM CITY COUNCLL PER ORDER OF THEAGAWAM TOWN COON01 that funds from the Community Reservation Fund estimated annual fiord revenue For Fiscal Yeat 2017 shall he reserved as follows: $55,719.02 rescued for Opea Spntz; lames Ochet[r,President,Agawam City cc n cil $5S,7I9.02 reserved for l3iatoric RemmvEs: S5$,719.02 reversed fur Community Flatcsiuw APPROVED AS TO FORM AND tEGAUTY $'27,859.51 for Adminisndive Expemcs • $362,173.60.46 for Budgeted Reserve Patrick Toney,Solicitor TR-2017-44 A RESOLUTION ACCEPTING A GIFT IN THE AMOUNT OF S35,on"FROM • JOHN RAKOS PURSUANT TO M.G.L.CIL 44,SEC.53A,FOR THE PICKLE TR 2017-4-3 BALL COURTS AT BOBGATT[FIELD A RE.SOL L'TIOX CONFIRMING THE APPOINTDIENT OF (Sponsored by the Commuwlly Preservttlioa Committee) ALICE SMITB.523 NORTH WFsTF%F:L➢STREET,FEFI)ING HILLS,MA. TO THE COMML"LAITY PRESERVATION ACT COmNurru TO AN t;NExPJRED WHEREAS,The Town of Agawam$rough the Community Presetvgtipn Committee TERM EXPHHNG APRIL 30,2619 wnstr teled two pickle ball courts at Borgpth field whieb were corowded in 2017;and (Sponsored by tFm Aga-an City Council) WHEREAS,Jahn Rakos has donated thirty five thousand dollars($35,000)W the Town for the crftdm of two addhdonal piudde bah[courts ed Borgatti Field;god •� WHEREAS,Richard Bennet resigned as the Historical Commission'%represmialive in WHEREAS,the gift will be utilized in conjunction,with additions!Town fimds to cover the Co nmunily Preservation Act Commilccc,and the cons:ructioe coats of the additiond pickle bail courts;and WHEREAS,the term ill not expire wdil Apnl 1O,2019;and WHEREAS,it ism the best interest forthe Town w accept sold danntion. W HERF-AS,at their lime 27, 2017 meeting,the Agawam IBsmrical Camnissim NOW THEREFORE,THE AGAWAM CITY COUNCIL hereby resolves pm maid to unanimawly voted on and confirmed that Alicc Smith he appointed as the Board's representative M.G.L.cA4§53A Lo==TL this gift from John Haim in Lbc amount of dtirLy five to the Commurhv Preservation Act('ommitter,and thousand dollars(T35,000)for the Construction costs offhe pickle ball Carts at&rgetC Field and 10 M&nk him for such a gernetausdonst[m. NOW,THEREFORE,THE AGAWAM CITY CDUNCIL hcrcbv rcw[L to confirm . she appnuutunent 0f Alice Smith,523 North Westfield 111cl,Fording NiLls,MA,to uhe Agawam Cohcmnutdty Preservation Act Committee for an unexpired term expiring April 30,2019. Dated this_day of ,2017, Dated this _day of_ ,2017. PER ORDER OF THE AGAWAM CITY COUNCIL ' PER ORDER OF 11IE AGAWAM CITY couNCIL James Ciehetb',President Jmne_s I'.Ciehctti,City Council Prmidest APPROVED AS TO FORM AND LEeAL[TY FORMAPPROVE➢AS TO FOR AND LF.iLALTIY �✓ C,K rbrIK, _ g r 1 /-r Patrick Toney,City Solicitor `y Patrick M.'l'oney,Cit olic,n / �p l 1 S TR-201745 'I'll-2at7-4d A RFSOLUTIONAPPROPRIATING FRMV THE COMMUNITV PRESERVATION FUMY AND AUTHOMZINCa THE RIPMNSWTURE OF COMMUNITY PRESERVATION FUNDS FOR THE CREATION AND ARESOLUTION APPROPRIATING FROM THE CO,1I:NVhITV PRESERVATION RRHARHaTAI'ION OF A PLAV GROUND A7 PERRY LANE FUND AND AUTHORIZMG THE EXPENDITURE ON COMM MITY PRF.SER}ATJON FUNDS FOR THE PRISERVATION OF A HISTORICAL SAFE (9ppnaol'ed 63rthe CaWIDaahY Presen'atiran CnmmdtCe) _ W'hcnm.voters of Agawam char to form a Community Pnsertxaoa Committee Wheless,voers of Agawam chore to form a Crchmtmity Pre xion Committee (L'I'4j:and (CPA);and W1m:rtar..make a to nimuM—luu.w"fi.w Geaernt Lew Clsioter 448.Section 5(2)all.ws[M Whet'eaa,pursuant to Jdassathusrnts Canard Law Chapter 44B,Section 5(2)allows the CPACrammiree la ciakx:trwuntmt+datious to:hv kgislatire body;and CPA Cammihcc w make reoomrmendapons tithe legislative body;emd Whereas•pursumt w Mmsa4msetta V+acal Law C hupus 4411.Section 5(31(J)the Wherw pLesuant to MaLuchusetia Genoral Law Chapter 44B,Section 5(3)(d)stases 11)01-11 body AW1 then wkc su:h nctirw and ap� w wch opproprtations for the CPA that the legistebi body shall then tale mwh action and appmve stschapgtoptimimv for Commzce;and dx CPA CompliGce;and Whereas,core ofthe C'aan 11.1s b mctions is ro fond 1li-rk Pmxa}mina and the Hchabilitauol'llntoratian of hislmric mtw;nut Whereas,ore ofthe CPA oommittee's functions is related to providing recreation benefits to the Town and it•s residents; Whereto,dx Hisaaicul Axsosamiun is»king foods to rpm a lockd historical site and te4ceata ik-Nt Agawam5ii:as,ita!1kFire Tirane Me—,h,a—Ataathuaxats,mS Whereas,Ube C rnmtmity Prcaervatiun Commitee has recormnended appropriation and expenditure in the amount ofeau hundred pinery thousand fitly dollars($1K050.00) Whcr s.due safe.has been determined to be significance w the hismry ofAlpwatm by •� form the budgeted reserve fiord halmtce;owd the rlislaricat Commi tucc and W Iteretts,tlte orytendihme will allow the Town to pmchan�construct and rehabilimroa the W'heceas,the Commwtity Preservation Co..!".hrs recommended that Ibe Alp-m Playgmcmd on land uwoed by the Town of Agawam and located at Peery Lane Park; and w nu(slat 3�2.00)from tcH a ;;ugd k,�d a.mgo�ofam do rd om hundred eighty wn dolla�v NOW TNEAE TIME,TJIE•AGAWAM CITY COUNCIL hereby fiuiber resolves, Noce Therefore,the AGAWAM CITY COUWC.1 Lhereby resolves,ippmrrwts,and apprupriahe's Lind authorises the expenditure of Community Aeservatico Funds in the authorises the espendino a of Communay Preservation Funds i the amcwmt arum thouaarsd ew amotmt of core huuttUed ninety$wusand Oy dollars(S190,05U.M&min the budgeted S,mdred eighty tuv dollars o d no cease(51,112.00)front thel lismrie Amd haWtcem apwt arm fcs err+e fund bhluttoe for the creation and rebalnli(ation of a playgrnuod al Perry Lane rdru-.t4 a hiswrkW safe Im the Am—Fite Moose Mwewtr,Agawartt MA;rind Paris in eecardance with M.O-L.Ch.44b,Sec,2. The fiG•lwhlsl CITY COLMCII,herehy flmhcr rcw,Ivcx that Ibu Mayor isaulhcxivW W t pard THE AGAWAM CITY COUNCIL heeby further eesolves that the Ma—r is aurhorit d said funds.as pemaitted by law,and no do all nirylt vecexsvey for tin purF+nca w arutsd. to expend said Rinds,a!permitted by law,and on do all things nemcnry for the pmposats so stmocl• Oalul dos day of __.._ 2017. Datedrhis_&yaf 2017. ... _ _. ,.,..._._ PFk UkUFt(UP 7'HL A(i.41A Aa113'fY COU!JCII TFAS1747 A RESOLUTION ALrMORIZING 1'RE EXPF.NDnURLOF COMMUNITY PROERVATION FUNDS FOR TRY.CREATION OF PICIt1LS BALL COURTS AT BORGATTI FIELD (Sponsored by the ComIDudty Prexer%*Wu CommHtev) • WHTREAV,VM Town af'AW n het reetis'ed adoration oflhirty F thousmrd dollars(335,0M ham Jahn Bal—Jar the cutvA—of two pitkle bell comet at Borgaui Field;and WHEREAS,roams of Agawam eta to Fero a Comm-icy Prase Ans Committee (CPA)awl gunvatrt to Massachti*M(itncrd LAw Chaper 44B,Stem 39)ikCPA Cummdow is aQowed to make recommendations to the legislative body;and WHEREAS.pursuant to blawachtsats General Law Chapter 44B,Section 5(3xd)states that the ftLslnlive both'shall then take such action and approte such appropriations t'or the CPACmtmaiutx:and WHEREAS,11w Community Premmuon Commute has recommended aWroprudimt and cipendlture is the amount o(thirty 1bawict d ddlms(530,000)liom the bLdWied reserve futn balance;and WHEREAS.the donation Awl CPA LN)mcliton will allow the Town to create pickle bail courts on land owned by the Town of Agawam and located at Borgatd Held; NOW THEREFORE,THE AGAWAM CITY COUNCIL hereby resolves, appmpriatea and srfltofiva the expenditure of Community Presenatiom Eutdt in The amount of thirty thorrmnd dollar fS30,000)horn the budgeted reserve fund balance for the etcation of pidde ball courts at BorlVi Field in xeordance with M.G.L.CIL 44b, MSec.2. THE AGAWAM CITY COUNCIL hereby fmtbef resolves that the Mayor ire asdhe nmad to expend asid finds,u permitted by law,and to do all things necessary for the purposes se mmod Dared this_day of ,2017 PER ORDER OF THE AGAWAM CITY COUNCIL "L'R-J1lS7d4 Reaolucwa IC Apprvpriwk and Av+hnris'e Barr wing in tla Amount d 51,11IU75.0 for Engine Replacement and FJeeJ Improvemmt Project (Sponsored by Maya,Richard A Cohen) W HFREAS,the capital impmvcmcnt tending prajec(-ml-d Fx4—Rtp4tcmiml end Fleet Impmv n)Ml.Project will ooaa Orar.Million Two I lundred Ninety Thousand Six Hundred Scratry Five Dollars tgid Oghty right Cents(1.290,675.581;and W1[1sJtEAS,"he Ipgine RepI,—,e land fleet lnlpco—noru Project will loser the emu of replacing Vim F.nglncs'lluce and Your which have hem in c nhnuoas service sins 1996;and WHEREAS,The Enghre Rnplacemem and Elect Jmprovernalt PmBmni will corer the ends of maitiW icing Fire Et>bines One and Two Which will he mlWwd to reserve sW,ts and used by the Agatsam Call Fircfishwrs;and WJf't'.'RF_AS,trioN ilhon Ninety Three Thorrsarxi Tbree hundred Filly light D ollars(S 1,095,358.410)isnrczssary for the puThase oft"new Fire Engines for the Apive rs Pine Depanmem;and W7LEREAS,One I lundred.Fidy Scswr Thmsaad Tkuee Hundred 5evcraccn Doll'.and ' Nighty Bight Gems($157,3 17.g8)is wcessary for cquipmen!to osAfi the new Lire fnguta:and Hundred Seventy Five[kt0arx and NgWy Right C m(51,290,675.88)under M.C.L.,:.44§7 or WHEILRAS.Fory Thnuwra?DvUs(540,000.00}is accessary for ms(nritipalior, any othcranabling legislation.Any preanium received by the Town upon the xale ofany h,nd.or e"ises to"lend the life 10 plus years of The'l nwn of Agawam.s two existing Fire Engines rate.appnrvc-d by,his rcat,luticrk Icss any smh.premium applied to the paymrntof the cost of fix hack W purposes:and is ssoniuotrito in accw hradnads e with uLh apte r 44 Section 2a uth oe f the 0-4 ea m Laws,thereh dy red tuhiisn g the W71EPMAS,a Forty Tho mad Doi lar(54(i,1XV.01)!discount will be app&i d if full a ri—in aulh(rcimd w be hon d io pay such vests by a Ilk animutt. payment is made within fifteen dovs of execnlirt5 the conta tl and _. UA fE'U tLis__._ Jay nt_... ..... ..,2017 W 1JF'.REAS,a is ul toe'r*t irtrensts ofthe city of Agawam mid it cifi7mi to replace Pp;R ORIMN OF THE AGAWANJ CITY COUNCFL and revitali,e'llic Inutl nrAgawam's Fire Engines and to appropriate and aulhorii,c borrowing ifi the aawvnt of One\IUlinn Two liundfz i Ninety Ttmuaand Sir Hundred See emy Five(Jallars and Eighty}light Cents(1,270,675.88)fur the Engine Replacemcm and Fleet lmprovement Pruje[l. Ia,nes P.CicM:ui,Preside,! NOW THEREFORE THF:.AGAWAM CL'IY COLT\CJL rfERERY RE.SOI.VFC TO AU'17J03tI2E TEIE FULLOtVJJ,IU: APPROVED AS TO FORM AND LEGALITY (hte7,Millian Two Hundred Ninety S'hnsccassdsix 1St:ndted Seventy Five Dolan and Fighty Fight Cvats(SI,290,675.6B)is appropriated for funding the proJeci entitled Engine Replacement arid Heel Improvement Projou,and further,that to meet this appropriation,Me I rcasueer,with the ® _ uppmval oflhr Mayo[,is au(horiaed in borrow One Milli(m Taro Hundred Ninety Thousand Six Petrick M,Toney,Cily Solicitor M iZC-2917-3 PFTITION FOR 7.ONE CHANGE BY OWNER,VITALLY OROM FOR PROpERTV LOCATED A'P FROM 1NDUS IVAL TORE5J➢EV7JAL0 •� W'IIEREAS,lritauy Hiom is fhc O v lPotitio ofa parcel6f Metal cirmted a[II7g Suffield Street,Agawam,Hampden County,Massachusetts,(See Hampden County Regsatry of Deeds➢ocumem 209.03.CIF 3r-16)which iscumendy x-ed[ndaalfial;and WHEREAS,Vitaliy Him desires to CIMP4e rasitry ni(4sa subimi PMPON'fsvnt she "rem clamilicauen eftndtmrial m the Residential H and WHEREAS,V utdiy Ileum peumm s the C:ny of Agawam to alk.0 Ae entirely of subject property to he--d as Rcsidcnsial N and duly L 7,2017 U 7- WIIpRFAS,the zoning eh,mga is hcing regumted to allrm far utilirBtion ofthe property fnr iys highest and best use:and INVEREAS,it is in the ben inm5l of dre City of Agsr.t m a,drange the zoning ofibc property Iv.=t at 117%Suffield lb-1,Alyuam,M A fmm]he current classirtcation of v'£).`CN F R—City C()IJNC1L Industrial to the Rcademial B classiAeatioa NOW TRUREFORE,the Agawam Ciry Council honby rnohes to change the zoautg of the subjCapmpany lomted w 1178 Sullteld StreU..lBawam,MA$um thecarnent classitiwtiun of lndushial to the Residential B dasirhsadic,n Dol.111 CurrcacOwne[:4"Ratio pram Property.Address:1 178 Suffield Street,Agawam.SEA 011.101 Vendor>' Ames la[idA Auenor's Pared ID:13-N:.%rA 15-1-14,wrhichi,auachdh-e saa Exfnbii band ,Anvsusi Dues WI f17--613(M1 mearpurawt here,,by rrfcrmw. Org-'!L'.112 Oazcdthis_day u[�---- „ 2017. Obj.#52170 YPR ORDER OF THE ACA WAM CFJ Y COONCB. r1141032 S5,434.00 TOTAL: VAMA0 Jmncs P.6dtttti,Prnudent APPROVED AS TO FORM AND LEOAUI'Y • Patrick NI.Touey.City Snlidwr S TOR-2011-10 AI\ORUINANCfITO AMEND THE C.OUE Of TIIETOWN OF AGAW AMZONING ORDINANCES TO ADD SOLAR ENERGY SYSTEMS --ft sored by Counnilora Ja="P.Utb",Joseph Wined ud Ammray R.Suf rid) ZC-UIT-4 .._......_,_...... -_..____ _ - PMTION FOR ZONE CHANGE BYHALLADAYFARM TRUST*-OR PROPERTY WHEREAS,pmawutt to M.G.L.Chapter 40A ;3,the Agawam City Council may LOCATED AT 311 SBOEMAXER LANE FROM AGRICULTURAL TO INDUSTIHAI. propose amratdimlits or additions to the swam&nhtg Code;and B AND RLMVENU&L Af31HSTRK-r WHEREAS,sobr imludin - �nwunted solar energy ts�FY systems, g mmrtwa'c,al gra installations arc zin ently not defined,regrdated or mferft--d in the Agawam Zoning Code;and WHEREAS,the Town of Agawam mi engy does not have in place an ordinance to WHI REA$Flalladay Farm lmRvtheownerofpa alsolland Fnowaa-1, eel I" p—ide sr—L rd,f r the ptacaYncor,dasign,eonsrru S n, rswd 6C- ion and"Panel 2"krtotm as 3i I Shoarnaker Leas.Agawam,Rawpelea Cos ,Maasaci-1174 wd and remmal of o imuterviaL ground mutated solar tnergy syslems that lsmtestes pablit hralttx, safety and welfare And minimim Impacts on scenic,natural and hismtic rnowss and peso WHEREAS,He]laday Farm Taut deaires to keep dae ramiag oflbe acbjed prupeaty provides adequate financial assi ranec For the eventual detnmmis caning of a h insialh iu,s note "Pamal l"nftke.—cat classitcatian A-3 VIPvscel 1"y'.and is it addressed anywbcse within the Agawam 7Aning Cade;mad WHEREAS,flatladay Farm Trust dq'res to change awing of the sAbjoa prop ily WHEREAS,it in in me bell interest of the'town of Agawam,w amend the Code of the ,•Parcel 2"f—tau Wrmu tt s ftearikn of AMc U-4 CT-112")to Indwaw D and Towns of Agawam low Solar Enetlyy Systems:and Residenlial A-3;and NOW I HEAFYORI.,the ARA.=City Crwncil hereby twolves.onhtins and amends *-ftMF,A,%the zoning clartgeito Agrieuhurol w Industrial B and Resiaegtial A-3 and enacts dse altwhed AltwI X]6etttitkd"u FMrW SYst®u to be insMedvw the Code of will alines fntherbunum develaparatt of the parcel;Lad the Town of Agawom. WH$AEAS,SitAlaAay Yarn Tmsi pcinions the UtyolAgawam to allow the ntajorjtya DATED Tim—DAY O6 .3BST, Lb.subjea property"PartA 2"to Ito rezoned as Industrial B;tad ' WHEREAS,HaQWmy Patin Trull pethhnns the City of Agawam if,all—the ourthem PER ORDER OF THE AGAWAM CITY COONCII. portion of the subject property`Parcel 2"to he temned as Residential A-3;and WHEREAS,itis3n fi-berg inhmsk ethe CityofAgawam a bange the zoningofj II Sho—ker l.m,e,Agawam,Harnpdmr Comty,Mmisachuscas to hrdustrW 6 said Rs dcotial A-3 'nit entirety. Juntas?.Cicheili.proem NOW T HEREFORE,Ilse AZ-=City Counell habyttsolves to ebaogc the mnhtg on the following parcel of lash from A%ekUktoe,<r to Irtduataiai B cad ilesldtntLl A-3 D6t kl: APPR04-F,D AS To FORM AND LEGALITY Carreot O—r,Helladay,Farm 2-m. Property Addreaas 311 Shomakor Lane,&pwam,ILtmpdea Ganety,Maseacttu-wu_ Arsetaor's Pored IUr 1 and 2 which the gareds oftartd arc firnhadisctibed m eduiba "A"which is athdtal hereto and incorporued hrzein by refuena. _......__ .....-_.--�____..... -_.... Uekdthis_dayuf -,-,201z Patrick M.Tracy,3o]icittir 10 not r r wr r