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CC MTG MINUTES MAY 1 2017 ' REGULAR MEETING OF THE AGA WAM CITY COUNCIL Minutes dated May 1, 2017 ' Meeting was called to order by Council President Cichetti at 7:00pm in the Auditorium of the Roberta G. Doering School,68 Main Street,Agawam. Item A. Roll CaD ROLL CALL—9 PRESENT,2 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Cecilia Calabrese, Paul Cavallo, Council President James Cichetti, Council Vice President Joseph Mineo, Donald Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. Councilors Johnson and Letellier were absent. With nine present, there was a quorum. Councilor Letellier arrived later in the meeting. Item B. Moment of Silence and the Pledge ofAllegiance. •, Council President Cichetti asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen's Speak Time Corinne Win ands spoke about the CPA resolution and n voting n this item it i to t'us to 1 g p e P o noted that by o g yes o h s s a vote no J t pace ' the item on the ballet but also to revoke CPA in its entirety. No town has ever revoked CPA. CPA projects have R greatly benefitted our town. Item D. Minutes 1. Regular Council Meeting—April 18,2017 1 Motion to approve was moved by Councilor Theroux and seconded by Councilors Rossi and Cavallo. Voice vote approved with abstention of Councilor Calabrese noted. Item E. Declaration from Council President None. 1 Item F. Presentation of Petitions,Memorials&Remonstrances ' None. Item G. ftortof Council Committees None. Item H. Elections None. �� 1 Item L Public Hearin s 1. PH-2017-2 (TOR-2017-3) - An Ordinance to amend the Code of the Town of Agawam Zoning 0 ordinances Regarding Commercial Ground Mounted Photovoltaic Installations (Planning Board) (Two Readings Required) (Tabled 4/3/17) (Re-referred to the Planning Board and Legislative Committee) Motion to remove from the table made by Councilor Bitzas and seconded by Councilor Rheault. The item was removed from the table by a vote of 9 YES, 0 NO,2 ABSENT(Councilors Johnson and Letellier). Motion to approve made by Councilor Calabrese and seconded by Councilor Suffriti. As Chair of the Legislative Committee, Councilor Theroux provided the report stating that they met with Associate Solicitor Buoniconti along with Attorney Coyle who recommended the Council table the item for further review of the proposed changes. Council President declared the Public Hearing open and Associate Solicitor Buoniconti spoke joined by Attorney Ben Coyle of Bacon & Wilson stating there is nothing on the books and we need it for predictability. Many solar companies are closely watching what Agawam decides to do with this ordinance. Attorney Coyle then went through each of the changes individually. Others who spoke in favor: Rich Joseph reminded everyone to `think globally and act locally'. Attorney Joshua Lee Smith and Amy Voisihe-Shea of Bowditch and Dewey spoke in favor of the ordinance but had different thoughts as to the proposed changes. Juliana Mazza of 22 news asked for a copy of the draft ordinance. The following spoke in opposition (of the solar farm going near Kosak Court in Feeding Hills): Richard Waite, Charlene Waite,Christine?or ' 64 Kosak Court, Carl Pinette, Susan Comee, Jeremy Taylor. No one else spoke. Council President continued the Public Hearing until May 15, 2017. Councilor Rossi believed our zoning in town was good and solar should be located in industrial areas. Councilor Calabrese thanked Attorney Buoniconti and Attorney Coyle for the work they've done. Councilor Letellier asked to go into Committee as a Whole and changed to Point of Personal Privilege to ask Attorney Coyle a question and noted if you designate solar to be in a specific zone that you already know has no available room, wouldn't that be wrong? Councilor Cavallo said there is so much legal information and like anything new, it is confusing. He doesn't want Agawam to be known as Solar Farm City. Councilor Bitzas suggested tabling this until we review it more—we need to protect our neighborhoods. Motion to table and continue the Public Hearing made by Council Vice President Mineo and seconded by Councilor Calabrese. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Johnson) tabling the item and continuing the Public Hearing until May 15,2017. 2. PH-2017-3 (ZC-2017-1) - Petition for Zone Change by Owner Volodymyr Boyko for property ' located at 30 Royal Lane from Agricultural to Residential B(Referred to Legislative Committee) Motion to approve made by Councilor Suffriti and seconded by Councilor Theroux. Councilor Theroux provided his * report of the Legislative Committee stating that the committee gave a negative recommendation for passage. Council President opened the Public Hearing and Mrs. Boyko presented the zone change stating they purchased the property in a town auction and want to build a duplex to have her disabled mother live on one side. She stated there are two businesses and other duplexes nearby. No one else spoke in favor. Steve Rue,John Decker and Kevin Powel all spoke against the zone change. Council President declared the Public Hearing closed. Council Vice President Mineo sympathized with the applicant however this is considered spot zoning and would vote against it. Councilor Rossi also sympathized but a duplex does not go along with the types of buildings on that street but the good news is they could ' still build a single family home suitable to have the mother live with them. The vote was 0 YES,10 NO, 1 ABSENT (Councilor Johnson) defeating the zone change. ' 3. TR-2017-22 - A Resolution adopting the Fiscal Year 2018-2022 Capital Improvement Program (submitted by Mayor Cohen)—Public Hearing Date set for June 5,2017 Public Hearing will be on June 5, 2017 �' 2 ' Item J. Old Business 1. TO-2017-18 - Budgetary Transfer of $25,000.00 from Fire Department Regular Permanent Salary #12201-51010 to Fire Grounds and Building Maintenance#12202-52020(submitted by Mayor Cohen) Motion to approve made by Councilor Suffriti and seconded by Councilor Letellier. Representing Councilor Johnson who is Chair of the Finance Committee, Councilor Cavallo provided a report stating that Chief Sirois explained that ' there is a surplus in the department salary account due to timing issues in hiring new firefighters. The Chief would like to utilize the surplus to make a number of small repairs, capital improvements and equipment purchases that have been put on the back burner for years. Both Councilor Cavallo and Councilor Johnson voted to send a positive recommendation to the Council on both items. Councilor Theroux showed up late to the meeting after Councilor Cavallo and Chief Sirois had left,and indicated that he too favored sending a positive recommendation on both items. Councilor Rossi stated he took issue with how we budget so departments can avoid these types of transfers. Department Heads need to be more conscious of their budgets. Councilor Cavallo said the Chief stated he was unable to get two candidates and so the money was left over. They used this money to do their own repairs and he would ' support this transfer. Councilor Rossi noted he was not taking issue with what the money for this transfer was for but that he did have issues with not appropriating money for people a department doesn't yet have. The vote was 10 YES,0 NO, 1 ABSENT (Councilor Johnson) approving the transfer. ' 2. TO-2017-19 - Budgetary Transfer of$15 000.00 from Fire Regular Permanent Salary #12201-51010 to Fire Protective and Safety Equipment#12202-51410 (as submitted by Mayor Cohen) Motion to approve made by Councilor Suffriti and seconded by Councilor Letellier. Representing Councilor Johnson who is Chair of the Finance Committee, Councilor Cavallo provided a report stating that Chief Sirois explained that •' there is a surplus in the department salary account due to timing issues in hiring new firefighters. The Chief would like to utilize the surplus to make a number of small repairs,capital improvements and equipment purchases that have been put on the back burner for years. Both Councilor Cavallo and Councilor Johnson voted to send a positive recommendation to the Council on both items. Councilor Theroux showed up late to the meeting after Councilor Cavallo and Chief Sirois had left,and indicated that he too favored sending a positive recommendation on both items. The vote was 10 YES,0 NO, 1 ABSENT(Councilor Johnson)approving the transfer. Item K New Business 1. TO-2017-20 -Voucher List for BoardPaq Invoice#1164 in the amount of$1,188.00 Referred to Finance Committee,next Agenda. 2. TR-2017-23 - A Resolution to revoke acceptance of MGL Chapter 44B, §3 through 7 inclusive of the Community Preservation Act(Councilors Bitzas,Calabrese,Cavallo,Suffriti and Theroux) Referred to Finance Committee,next Agenda. ' Item L. Any other matter that may legally come before the City Council_ Councilor Cavallo said the AHS Athletic facility dedication ceremony was great as did Councilor Bitzas. Councilor Theroux said we need to look into recreational marijuana laws. Councilor Calabrese asked the Clerk's Office for the vote on recreational marijuana and agreed it would be prudent to take affirmative action. Council Vice President Mineo also toured the facility and said the dedication ceremony was great as did Councilor Rheault. Councilor Letellier asked a question about the CPA resolution. Councilor Suffriti also enjoyed the dedication and noted that the tennis courts are the only in the region made of a new style of surface comparable to college level. He also mentioned he is still waiting for the May I" Games & Lanes update!! The building MUST come down — businesses will never �� 3 i� want to go there with that building there. Councilor Rossi expressed disappointment with the wording that could be misleading on the resolution. Council President reminded the Legislative Committee to get working on the Recreational Marijuana Ordinance and could even utilize the medical marijuana ordinance as a base and also congratulated Councilor Rheault and his wife.loan on their recent 65 h wedding anniversary. Item M. Adjournment The Motion to adjourn was moved by Councilor Bitzas and seconded all around.Meeting was adjourned at 8:29pm. 1 it 1 !1 1 1 1 1 1 •1 4