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CC MTG MINUTES APRIL 17 2007 REGULAR MEETING OF THE AGAWAM CITY COUNCIL April 17, 2007 ! President Rheault—Good evening ladies and gentlemen,welcome to the April 17`h council meeting. I don't believe we have any citizens wishing to address the council, do we Ursula? Council CIerk—No. ! Item 1.Citizen's Speak Time No citizens wished to speak at this time. Item 2.Roll Call Nine members were present, two absent(Coup. Bitzas, Young). President Rheault—9 present, 2 absent, we have a quorum. Councilor Bitzas is away at work and will not attend and Councilor Young is on vacation. • Item 3.Moment of Silence and the Pledge of Allegiance Councilor Simpson—Point of Order. • President Rheault— I am sorry. Councilor Simpson—Just a point of information, I am not sure of this one. Before we have a moment of silence if we could include a moment too for the students and for the facility at Virginia Tech.? • President Rheault—Absolutely. Councilor Simpson- Thank you. President Rheault—Please rise for a moment of silence and pledge of allegiance and special moment for those at West Virginia Tech. Item 4.Minutes—None. Item 5.Declaration from Council President. None. Item 6.Presentation of Petitions, Memorials& Remonstrances (a) Resolutions ^ • 1. TR-2007-14=A Resolution Establishing Stop Signs at Various Streets in the Town of Agawam (Mayor). I • • President Rheault—As attached (please see attached). Moved by Councilor • Simpson, seconded by Councilor Magovern. Any discussion? Clerk please call the roll. ROLL CALL—9 YES, 2 ABSENT(Coon. Bitzas, Young). President Rheault—9 yes, 2 absent you have approved the resolution. Primarily those on Cayoty Circle and Hemlock Ridge for the audience. Item 7.Report of Council Committees None. Elections None. Item 9.Public Hearigg • (a) I. PH-2007-4-(TOR-2007-4)(ZC-.2007-4)-Newly Prepared Zoning_Mgp for the Town of Agawam (Conduct Public Hearing). President Rheault—I now declare the public hearing open and Deb you want to come and enlighten the council and those looking? Deborah Dachos—I am the director of planning and community development for the town of Agawam and this evening I have something that could be considered a house keeping item or a really exiting thing for the town. And that is I am presenting to you the • newly prepared, kind of newly prepared zoning map. Most of you know and I am sure the public does also that the current zoning map hangs on the wall in the inspection services department and our new DPW annex. It was prepared in the 1950's and its on a material I think they probably don't even make anymore. Oil skin, vinyl, I don't know what it's called, it's old, it's yellowed, it was drawn with, I hate to say colored pencils and crayons and it really hasn't been updated for the last ten years. Preparing a new zoning map is a significant undertaking and our former assessor entered into a contract with Tighe and Bond to prepare a new zoning map. So we have gone through I think probably at least ten different revisions of this map. The map is intended not to invent anything, it's a carbon copy replica of the map hanging on the wall in the building department. It's been checked parcel by parcel to ensure that it is exact, with the exception of the new zone changes that weren't even recorded on that map. I have been working closely with the zoning officer, Nick Urbinati, and he has marked up the map more times than I care to say and we think we finally come to an exact replica of that map. So let me tell you a little bit about the map. The map is on prepared, all the parcels are digitized. It's in our geographic information system. They're totally accurate. Every parcel shown on the map, on this • map unlike, well this map has a lot of benefits and modern components compared to the one that's on the building department wall, but this neap if you look closely at it, and I did • 2 • RESOLUTION TR 2007-- 14 A RESOLUTION ESTABLISHING STOP SIGNS AT VARIOUS STREETS IN THE TOWN OF AGAWAM WHEREAS, the Planning Board has required that the developer of Wild Turkey Estates install stop signs to assign the right of way at intersections within and at egresses from the • subdivision, and WHEREAS, the Department of Public Works concurs that such regulatory signs are necessary for public safety, and • WHEREAS, the streets being stopped carry the lesser volume of traffic or have restricted sight distance, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AGAWAM that in accordance with the provisions of Chapter 89, Section 9 of the Massachusetts General Laws, the following streets are designated as stop streets at the intersection and in the direction indicated: Coyote Circle South bound at the intersection of North Street Ext. Coyote Circle West bound at the intersection of North West Street Coyote Circle North bound at its intersection with Coyote Circle 375 feet north of North Street Ext. Coyote Circle South bound at its intersection with Coyote Circle 450 feet east of North West Street. Hemlock Ridge South bound at the intersection of Coyote Circle Dated This Day of ,2007 PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault, President Agawam Town Council ROVED AS TO FORM AND LEGALITY • Vincent Gioscia Town Solicitor give everyone a copy of it, it has every single structure in town. So not only does it have the accurate zoning districts, it has accurate personal information and it has structures. It also has wetlands, some stream information, an abundance of information. This map when you approve it, well if and when you approve it, will be able to be accessed through our town webside. You can go into your parcel and you can click on it and find out what it's zoned, which you currently cannot do. Some of the changes we made, we had a different colored scheme, it was kind of a more contemporary. I don't know something • you see on divine design or something, colors,but the zoning officer did not want to change any of the colors, so the colors here are pretty comparable,if you can tell what the colors on the old map were, comparable to the colors that are on that map. So there should be a fairly easy transition from using the old map to the new map. The map is easily reproduceable, of course we are gonna have to pay for it but what we would intend to do is have it inserted in the copy of the zoning ordinance, so when people purchase the * zoning ordinance they will also an accurate zoning map. We have a reproduceable copy of the zoning currently and it was prepared I think in the 1970's. At that time they used a technique screening so the tone was one of the commercial makers of it and it was on a milar backing with screening and the map was put through the copy machine so many times,that sometimes the screening would lift up and fall back on it and so change the • zone. So we had to put a disclaimer on the map that the map was not an accurate representation of the zoning in the town and that the only map that was an accurate representation was the one on the wall in the building department. I have a memo from the town solicitor who indicated that this is actually wonderful for him if you do without bid. Currently when he goes to court for zoning issues he does not have anything to bring 0 with him unless they take the map in the building department off the wall. So I am sure I am missing things. Oh this map would be updated by Tighe and Bond who also does our geographic information system, so when new parcels are created and they put the new parcels in the system they would also put the zoning. Any new zone changes would be identified in the right hand corner of the most recent maps, so whoever was purchasing could see what the most recent zone changes were. They will be numbered and by sq, footage, the zone and the frontage. So that's basically it. It was a long time in coming and I am quite exited about it. Its like the first step to bringing our zoning up to the 2 1" Century and I hope that you after some time, you can't vote on it this evening even if you wanted to because the planning board unfortunately did not have a copy of the big map at 40 their public hearing and therefore we continued the public hearing to the next meeting so that any members of the public could view it and ask questions. President Rheault—Thank you Deb. You got an apron on? Councilor Letellier—Yes I do thank you. I can't trust myself Is it appropriate to 0 ask questions now? President Rheault—Yes. Councilor Letellier—Hi Deb. I actually want to say I was shocked how much we i still have listed as agricultural. When I first got the map I'm like wow what's all that white? And then I realized it was agricultural. But my question is how do we deal with 3 • • overlay districts? We got the adult overlay, well the adult zone, you got the cell tower overlay and you got the new historical overlay. Is that something that is gonna be on • future versions of the map. Deborah Dachos—We haven't even considered that and I am just winging it right now but for the telecommunication overlay district we reference specific parcels. So that would be in the geographic information system. When you click on the parcel you would also note that you know the underlying zone is whatever industrial and there is it's also in the telecommunication overlay district. The adult portion is not an overlay district. That's just distances from certain structures. And the new overlay district is town wide, so there again I guess there would be some reference to that when you click on it, what the zoning is that underlying zoning telecommunication or whatever and historic incentive overlay. Councilor Letellier—I think that that should be included, because if you have people who are looking for gee where can I see a historic structure or what have you. If I am gonna have to down the computer on the GIS it might be too hard to do on this. That was my only comment, thank you. • President Rheault—Any other comments? Councilor Carr Bitzas. Councilor Carr Bitzas—Thank you. Debbie I found the map very interesting, spent a lot of time looking at it. Of course what did I look for? My own address. Longbrook Estates and I see that you have it on there but you don't have the word Longbrook Estates on it and in addition they have two more groups of homes being build there, condominiums being build there now, so its probably much larger than what it appears on the map and will be much larger. Is there anything else? Deborah Dachos—I was just gonna respond to that comment. We don't have the • names of projects on this map. We have streets, street names. Councilor Carr Bitzas—Oh. Deborah Dachas— So your street names... Councilor Carr Bitzas—But didn't I see Mansion Woods and some other condo there I think. Deborah Dachos— Let me see. • Councilor Carr Bitzas—By name if I am not mistaken? Councilor Letellier- ...speaking w/o microphone. Councilor Carr Bitzas—Yes, sure they all have their names there except • Longbrook. 4 • • Deborah Dachos—Oh they do? O.k., well, we can make sure that that is listed there but they are listed by, now, yeah Beekman Place is a road and Beekman Drive is a • road, and Corey Colonial is a road and for you, you got Brookfield Lane and Dogwood Lane. So I really, let me check into it because I think we are just referencing street addresses because names of developments change and street names don't usually change. Councilor Carr Bitzas—I just wondered. • Deborah Dachos—01; President Rheault—Any other further comments? Thank you very much Deb for your presentation. It looks like a lot of work was done on it and it certainly is better than that, whatever was hanging in the town hall I can tell you that. I don't know how to • define that one. Councilor Carr Bitzas—Like an Indian map. President Rheault—It did come to think of it. Well that's probably how they got • Agawam from Indian country. I see no one else that may want to enter comment regarding other, Councilor Rossi. Councilor Rossi—I just may, when I had, Debbie said that they are going to continue;, the planning board public hearing has been continued. Because it would be a • wise idea to continue this and re-open it when you get through with that and then we could probably resume with any questions that there might be at that time. Deborah Dachos—Yes that sounds like a good idea. You can close your public hearing tonight or you could continue it,that will give us the opportunity to provide you . • with any comments that we received from the planning board public hearing. So sure that sounds good to me. President Rheault—If we closed ours that would deny the public the right to the council having input from the public, so more than likely we are gonna continue ours as • well. But I think also to give our zoning committee an opportunity to take a better look at it, because we just recently received it. So Gina if you would, o.k. thank you very much. So I'll entertain a motion to continue the public hearing until we get the... Councilor Calabrese—So moved. • President Rheault—complete result from the, moved by Councilor Calabrese, seconded by Councilor Carr Bitzas, Councilor Magovem. Clerk please call the roll to continue the public hearing. ROLL CALL—9 YES, 2 ABSENT (Coup. Bitzas, Young). • President Rheault—9 yes and 2 absent you voted to continue the public hearing. 5 r Item 10. Old Business (a) 1. TOR-2007-3-An Ordinance to Amend Ch. 49-7 of the Code of the Town of Agawam(Sponsored by Council President Donald M. Rheault 2nd Readin . President Rheault--I would suggest that we table this to the finance and ordinance committee for one more look at it. Moved by Councilor ... Councilor Letellier— Letellier. President Rheault— Sorry I didn't see, Councilor Letellier and Councilor • Calabrese second to table till next meeting and well until at least the finance and the ordinance committee have a chance to review and discuss it. All those in favor? VOICE VOTE—Unanimous. President Rheault—Opposed? Item is tabled. • Item 10.2 TO-2007-11-Voucher List ($2,000.00) President Rheault—Voucher List has been signed and completed. I'll entertain a motion to accept. Moved by Councilor Magovern, seconded by Councilor Calabrese. • Clerk please call the roll. ROLL CALL—9 YES, 2 ABSENT (Coup. Bitzas, Young). President Rheault— 9 yes and 2 absent you have approved the voucher list. r Item 11. New Business (a) 1. ZC-2007-5-V & F Realty Partnership, Rear of 443 Springfield St., Aga., MA (Set Public Hearing Date—Su,gyest May21, 2007). President Rheault—Any discussion on that time? Is that acceptable? So Ursula would you set up the public hearing for V & F on the 215` Item 11.2 TOR-2007-5-An Ordinance to Amend the Code of the Town of Agawam, Ch. 180 Art. V11I Sec, 180-44-E,Maximum Allowed Gallons of Gasoline Storage • Coun.Perry).. T President Rheault—We should send that to the ordinance committee and return that for the first reading at the next meeting. • Item 12. Any other matter that may legally come before the city council 6 0 President Rheault—Furthest left Councilor Rossi anything under any other business? • Councilor Rossi—Yes I am tired of the rain, someone please make it step. President Rheault—Councilor Simpson, Councilor Simpson- Nothing tonight thank you. President Rheault—Councilor Carr Bitzas. Councilor Carr Bitzas—Thank you. This afternoon we watched, my husband and I watched the convocation program for Virginia Tech. Was very sad. As I was watching it the thought that popped into my mind was something that I read about St. Augustine. St. Augustine first was a philosopher and then as time went on when he was converted to the Catholic faith, his mother, St. Monica prayed for him for years. Anyway one of his quotes is "everything God made is good only to the extend that we allow evil into our lives are we evil."Enough said. President Rheault—Councilor Magovern. Councilor Magovem—I just like to echo what Councilor Carr Bitzas said about Virginia Tech. Again absolute tragedy. I think there has been enough said by everybody today but I think our thoughts and prayers go out to everybody down there and I think its very important that our local colleges are very diligent with their own plans and I know several of the colleges had been working on it before this incident and continue to work on them today. And as far as the meetings, CeCe if we can meet at 6:45 before the next meeting. We'll go over the, o.k. we'll set up a meeting, I'll let Ursula know. Thank you. • President Rheault—Councilor Calabrese. Councilor Calabrese—Yes to Councilor Rossi I'll make sure the rain stops for the weekend, I'll do that for you. Councilor LetelIier—The weather forecast supposed to be good. President Rheault— Councilor Mineo what power do you poccess? Councilor Mineo—I hope the rain stops too, I about had it with it. Nothing this evening, thank you. President Rheault—I was in conversation with Texas today and they were praying that we shift it down their way. Councilor Letellier. • Councilor Letellier—Talking about school vacation what's to complain about the rain? What about the kids on school vacation? The only thing I want to indicate that on 7 zone change 2007-5 I am gonna have to abstain, so Councilor Rossi and Councilor Bitzas are gonna have to take care of that meeting. O.k.? President Rheault—O.k. Councilor LetelIier—Thanks. • President Rheault—Thank you. Councilor Perry? Councilor Perry—Nothing this evening. President Rheault—Nothing. I have nothing other to ask for a motion to adjourn. • Item Adjournment President Rheault—I have it from all the council and seconded by all the council. All those in favor? • VOICE VOTE—Unanimous. President Rheault—Opposed? We're now adjourned, good evening. Adjourned at 7:50 P.M. • Respectfully submitted c t Ursula Retzler Clerk of the Council • • • • 8