CC MTG MINUTES MARCH 5 2007 r
REGULAR MEETING OF THE AGAWAM CITY COUNCIL March 5 2007
President Rheault—Good evening ladies and gentlemen. Welcome to the March
5`h city council meeting.
Item 1,Citizen's Speak Time
President Rheault— We do not have any citizens wishing to address the council
this evening.
Item 2.Roll Call
President Rheault—Clerk please call the roll.
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ROLL CALL—All 11 members were present.
Item 3.Moment of Silence and the Pledge of Allegiance
President Rheault—Please rise for a moment of silence and to pledge the
allegiance.
Item 4,Minutes—None.
Item 5.Declaration frorn_Council President
President Rheault—If there is anybody here who is going to speak or is involved
in the zone change from Mr. Bonavita, I received a letter a short while ago and a phone
call that he wishes to withdraw the petition without prejudice. So rather than have you
wait there will not be a public hearing on his behalf, if there is anybody. Second item
under that is the beginning or Friday's [Thursday's] packet I notified the council
regarding the status of my taking over as acting mayor in the absence of the mayor for the
remainder of the last week due to his illness. He has returned back to work this Monday,
so he is now your full time mayor and I am back in the chair.
Item 6.Presentation of Petitions, Memorials&Remonstrances
(a) Resolutions
I. TR-2007-7- A Resolution.Confirming the Reappoin_ ent of Paul Schafer,
134 Corey Colonial—Aga., MA to the the Historical Commission for a Term Exnirin
January 1, 2010 LMayorZ
President Rheault—Moved by Councilor Simpson, seconded by Councilor Carr
Bitzas. Is there any discussion? If not voice mail [vote] is sufficient, all those in favor?
VOICE VOTE—Unanimous,
President Rheault—Unanimous.
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Item 6.2 TR-2007-8_ A Resolution Confirming the Reappointment of Edward
Filkowski, 55 Royal Lane, Aga,,_MA to the Whiting Street and Thomas Pyne Fund for a •
Term Expuing<Decernber 31, 2009 (Mayor).
President Rheault—I should have asked if Mr. Schafer is here. Is Mr. Filkowski
here? Oh do you wish to address the council sir? Well let me just read this first. Moved
by Councilor Simpson, seconded by Councilor Carr Bitzas. Any discussion? If not, do •
you wish to address the council sir you are welcome. There should be a button on that
light that you can put on to amplify the mike. Thank you. State your name and address
-for the record if you would please.
Edward Filkowski, 55 Royal Lane, Aga. And I lived there for 33 years. This is my !
second term on the Whiting Street, Thomas Pyne Fund. Hopefully I continue on and to
the best of my ability continue doing it. i thank the council for inviting me here tonight.
President Rheault--Any questions for Mr. Filkowski. Thank you very much sir.
Mr:Folkowski—Thank you. 0
President Rheault—Appreciate your coming. Any further discussion?Voice vote
is sufficient, all those in favor?
VOICE VOTE—Unanimous.
Peesident Rheault-Congratulations on your reappointment.
Item 6.3 TR-2007-9- A Resoslution Confirming the Reanpointment of Gerald
LandM, 71 Country Rd, Aga., MA to the Whiting Street and Thomas P nee Fund for •
Term Expiring December 3 i, 2009 {Mayor
President Rheault-Moved by Councilor Simpson, seconded by Councilor Carr
Bitzas. Mr. Landry do you want to say anything to the council?The public?Its your
chance to be a star. i
Gerald Landry, 71 Country Rd. Hi. I have been on the commission, this will be
my fourth 3 year term with Marilyn Curry. During that time we have made some changes
to the fund, specifically to the application and we have made changes for the better to
include a lot of information to help us determine worthy poor applicants and we know
better about their financial situation. I have enjoyed being on the commission and thank
you for reappointing me.
President Rheault---Thank you. Any questions from the town council?Councilor
Letellier.
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Councilor Letellier--Hi Jerry. How does the public know about this fund in terms
the people that would qualify for applying for this? Does it compare to the Parish
Cupboard for people, the churches refer people?
Mr. Landry—The application of course is in town hall,at the treasurer's office.It
has been made available with the churches in the area, the housing authority. It isn't
advertised a real lot but it is kind of word of mouth and we don't have a lot of money,
0 which is an issue to. So we can't really advertise it, I think its against the charter anyway
but there are some people out there they let you know about it.
Councilor Letellier—Thank you.
Mr. Landry—You're welcome.
President Rheault—Councilor Carr Bitzas.
Councilor.Carr Bitzas—Excuse me. Mr. Landry, do you have many calls for
assistance for the Thomas Pyne Fund?
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Mr. Landry—There isn't a lot of money in the fund and there is a certain balance
that has to be maintained. We do have a pretty strict criteria on the definition of worthy
poor and again we have this application form that we try to get that information.Like
there is other agencies out there. When people come in with an application, we make
recommendations for going for reversed mortgages,for going for home equity loans.We
check what they have. We really investigate whether they have family members that are
working. We have people that are divorced with one spouse with children. We find that
some of the children are working, so we do find through the investigations that people do
have resources and they are not really considered worthy poor and because of that even
though we do have several applications, we don't make a lot of awards, because again the
funds are very limited.
Councilor Carr Bitzas—Now how does the Whiting Street Fund work?
Mr. Landry—They are both together. One is,they have again a certain specific
amount that has to stay in the fund and the town treasurer invests those funds and every
year we get a total of the earnings and we know how much money is available for being
giving out. But we don't give out the money just because we have it. Again we do have
this pretty strict criteria for judging who gets ... and we get applications from people
paying rent, paying electricity, somebody through wheelchair or different organizations
that are looking for something, so that's what we do.
Councilor Carr Bitzas— That's a good thing and may be people at home learned a
little something about it too. Thank you very much.
Mr. Landry—O.k. you're welcome.
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President Rheault--Voice vote is sufficient on this. All those in favor of
reappointment?
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VOICE VOTE—Unanimous.
President Rheault—Opposed? Unanimous. Congratulations Gerard.
Item 7.Eeport of Council Committees
None.
Item S.Elections
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None.
Item 9.Public Hearin
(a}
1. PH-2007-1-(ZC-2007-1)(TOR-2-007-I)-An Ordinace to Amend Ch, 180 of
the Code of the Town of A swam by adding Art.IVI, Historic Preservation Overla
District (Conduct Public Hearine).
President Rheault—I now declare the public hearing opened. A representative
from the planning board,ten minutes to present.
Travis Ward, 32 Columbia Dr. Good evening. I am with the Agawam planning
board. On January 4, 2007 the planning board voted to act as the petitioner for the
amendment that is before you tonight,the historic preservation overlay district. We met
with the zoning and ordinance committees of the council a few weeks back. We had a lot
of good input. Chairman Hopkins and I were present and we took a lot of that i
information back and have the document tonight. The planning board has attached the
amendment in order to encourage preservation for historic structures while providing the
flexibility necessary to utilize structures in a modem day context. When you look at this
as a positive to be able to preserve structures as opposed to have them just in a not fit to
modern day need and you comedown or request to be taken down some day. So really I •
can see it as positive, we restricted as residential use because we felt that that was best
and not involve commercial properties for commercial uses for these properties. The
purpose is to create an overlay district to allow for conversion of Agawam's historic
structures while preserving the character with nearby residential neighborhoods. To
encourage the preservation, re-use and renovation of historic properties and promote
diversified housing opportunities, such as mixed used residential and perhaps bed and
breakfast with one week maximum stay. In order to be eligible for historic structure it has
to be one of the following criteria including in the Agawam inventory historical
structures as prepared by the Agawam historical commission or which did on the national
register of historic places or be an-applicant of such. So there are certain criteria,there are 0
certain conditions. There is more parts to that.I let you review that but certainly existing
buildings and existing lots that have sufficient frontage may be converted under the terms
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without a variance but existing lots which ...exceed the minimum requirements frontage
they not be subdivided in a manner of the existing buildings and the lots,minimum 12
footage. Special permitting we were concerned about, members of the zoning and
ordinance committee had some input on this as well and we felt desperately to have a
proponent to come before you is to meet, I am sorry, to have the city council be the
special permitting authority,this can be done with an approval or non-approval for any
reason. There is no mandate for you to approve something that comes before you. So
• each instance can be looked at on the surface without pre-requisit or diet that each issue
can stand on its own.The review by other board section we feel that this is a great piece
to the amendment, all departments can have input for 35 days. The planning board,health
department, fire,police, safety officer, health can all have a chance to consider this
applicant, should he come forward to review material and report to the council. I think
that gives everybody in town a chance to examine an issue and the tap therefore is ...
• That's my presentation. I think this a really good plan.Again if there are some different
questions on it, both positive and negative, we feel that there are a lot of historic
structures in town and we want to save them and this is one way to do it. It gives us a
chance of investments, a chance for older properties in the area can be restored as
opposed to ignore it. Thank you.
President Rheault—Thank you. Questions from the council? Councilor Bitzas.
Councilor Bitzas—Thank you Mr. President. First of all Travis I like to
congratulate you and your board for a job well done. You propose to us is similar
• ordinance in the past and was rejected because of the language. Some day you have to see
that you put a city council in charge for the final decision, they have to see that. And the
last meeting we have with our zoning we support it and the question to you is and I want
you to bring this answer to the people they are watching us,its one property on Mill St.
the old wooden mill, that property waiting to pass to develop that as a unit I believe. Can
you tell this council and the people that are watching us how this ordinance, we apply to
that and how to enhance,what the benefits to such change now?Because now its ... very
eye soar, what they can do with that? Can you elaborate a Iittle bit.
Mr. Travis—Thank you. That property as everybody is aware is dilapidated and
could use the benefit of investment. This proponent, actually this amendment was created
• by for the general purpose of all building like this, but specifically this one came to mind
when somebody expressed interest in that property. What could they do with it?They
liked the property, they wanted to.invest in a structure like that and they said you know
what could, what are our options here? 'What can we do?And currently there was nothing
on the books but allow them to build or construct residential houses. I don't want to say
• apartments but condominiums certainly in a building like that. This came through looking
at that building particular as a way to secure investment, create housing, to improve a
building that is currently now not desirable and ultimately may stay for many years like
that and ultimately you know what happens then. Lack of investment means continued
deterioration and ultimately we lose that structure. So this proponent came for, you know
he is not even a proponent yet but he certainly with an amendment like this would see the
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potential to invest their funds into a building.like this and create a future viable property
in our town.
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Councilor Bitzas—Thank you.
President Rheault—Councilor Carr Bitzas.
Councilor Carr Bitzas—Mx. Ward what kind of commercial use are you referring
to when you say residential/commercial? Does someone take a building and do what to it
other than what you work with? What limitations would there be?
Mr. Ward--Yes I am not sure if you have an older one, if that's in there then we
did not strike it. What we are recommending to the council is that this is only for •
residential use and residential use binding of our section,paragraph of our section 1 S0-
117 shall.be limited to residential and bed and breakfast homes allowing a maximum of 1
week stay. So the commercial part was something that originally was thought to be
possibly included. After our discussions with councilors and ourselves we decided that
most of these structures be in a residential neighborhood or historic residential areas
would be best served to keep them limited to residential uses.
Councilor Carr Bitzas—Oh o.k. well, I am referring to the planning board, lets see
dated March 2"d,January R, ...
Debbie Dachos- I think that may be the problem is that the text of the ordinance
has been changed but the resolution wasn't, so you might want to amend that. The text of
the ordinance deleted commercial verbiage and the ordinance resolution didn't delete
that.
Councilor Carr Bitzas—And could you explain a little bit about the fact its not •
necessary for someone refurbishing one of these homes or whatever in the historic
section. Something for, I am sorry I lost my train of thought. Well it doesn't matter,thank
you.
President Rheault—Councilor Magovern.
Councilor Magovern—I just want to thank you and your board for putting in the
hours that you put in.I know I sat through the ordimince and the zoning meetings that we
had together and again it's the meetings held off camera that people don't see which is
where we do a lot of the town's business. I think we thrashed out a lot of the problems
that might have been inhering within the zoning overlay and the one of which is making
sure that everything does have a check and balance by coming back before the council
and I for one think the old mill would be the perfect spot to have this little release of
zoning because the millions of dollars that we spend in there to create condominiums,
again I think could have a major, major asset to the town of Agawam. And I was just
curious what were some of the other ideas that you ha&for some of the other structures
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other than the old mill that might be rehabbed on, if you picked out any other specific
structures. Thank you again for your efforts.
Mr. Ward—Thank you very much councilor. And you are right there goes a lot of
work that goes behind the scenes from your standpoint the council and us and its
gratifying to bring something.like this forward. There is a number of, I don't have a list
with me so I am not going to sound great trying to come up with the list of different
• structures but predominantly down at that Main St. corridor there is a number of older
buildings that currently are not desirable to the market place for investment. Certainly
this is the main one we focused on and we hope to expand that. We don't, we didn't come
into this with a target property to say this would work, we looked at giving investors an
opportunity to rehabilitate some properties that are not suitable for commercial and
industrial uses anymore but have had appeal in other markets for residential, so we really
• didn't look at each property and say this one could work. We are looking at all of our
historic buildings and hoping that residential reinvestment will happen here in our town,
possibly safe some of our property.
President Rheault- Councilor Rossi.
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Councilor Rossi-Yes just quickly so you are talking about amending, many
putting a period after housing opportunities;eliminating mixed residential/commercial?
Deborah Dachos- Yes I stand corrected I just read it,there should be a period after
• housing opportunities under Sec. 180-112 Purpose, so particularly ...pending that
problem.
Councilor Rossi— So we have to amend it.
• Deborah Dachos—Amend it.
Councilor Rossi—And the other question I would have is how would this pertain
on overall use for the community and all these other structures as I understand there are
some 500 units in the town of Agawam that either are or could become of historical
significant to the town of Agawam. Would this ordinance allow us to take those on a case
• by case basis or would this be a matter of right?
Mr. Ward—No you're first thought is correct and the beauty of this is unlike site
plan review and planning board if somebody meets all of the conditions you may not
apply that certain use,but if it meets all the conditions and its zoned properly you have to
• approve it. Here this is by special permit and only if you like that use, if its to the best
interest to the town of Agawam you may approve it, if you not,you may deny it.
President Rheault-Thank you very much Travis. I am not sure which copy I've
got probably the same as everyone else.
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Councilor Rossi—I be happy to make the amendment if you ..
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President Rheault—Well, first we'll see if anyone else would like to step forward
in support of it. Anyone in opposition? Anyone would like to be recorded only either in !
favor or opposition?Any further questions from the council before I close the public
hearing? If not I now declare the public hearing closed. Councilor Rossi.
Councilor Rossi- I would like to make a motion to make an amendment to Sec.
1 SQ-112 which will be purpose and amend it to read•The purpose of this Article is to !
create an overlay district to allow the conversion of Agawam's historic structures while
preserving the character of nearby residential neighborhoods; to encourage the
preservation, reuse and renovation of historic properties; to promote diversified housing
opportunities.
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Councilor(?}—Seconded.
Councilor Rossi—And what would be stricken would be—and other uses such as
mixed residential/commercial use, and/or a combination of such uses-will be stricken.
Councilor Bitzas—I second the motion.
President Rheault—Moved by Councilor Rossi, seconded by Councilor Bitzas to
correct the ordinance as attached(please see attached). Any further discussion by the
council? Sorry? On the amendment. None, councilor.
Councilor Bitzas—Yes I think the amendment is a very good point,thank you
Councilor Rossi for bringing up and main vote. This is as amended it a win/win situation
and I think it benefit the town of Agawam and it will be,the point of us is because this is
the power here. As Councilor Rossi asked the question,we are the power here,we are the
hoard that can decide by special permit, so this is a win/win situation,its an excellent •
ordinance and I hope, I believe all of you support it as amended, thank you.
President Rheault—Yes before we move the amendment, a recommendation, did
you not ...
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Councilor Letellier—Yes the zoning committee and the ordinance...
President Rheault—Ordinance met.
Councilor Letellier—committee met because Councilor Magovern was late I be i
happy to give the overall report.
President Rheault—O.k.
Councilor Letellier—But we met for about two hours with the planning board. !
Travis Ward was there, Dennis Hopkins was there, Debbie Dachos was there. From the
council the entire zoning board was there that's myself, Councilor Bitzas and Rossi. The
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AN ORDINANCE TO AMEND CHAPTER 180
OF THE CODE OF THE TOWN OF AGAWAM BY ADDING
ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT
(Initiated by the Agawam Planning Board)
WHEREAS, the Agawam Planning Board has initiated a zoning
amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to
amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District;
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WHEREAS, the amendment proposes to encourage, permit'flexibility and
provide incentives for the preservation of historic buildings, structures, sites and
settings, and elements of historical or architectural significance;-and
i WHEREAS, the proposed ordinance amendment further promotes and
protects the health, safety and welfare of the residents of Agawam and is in the
best interests of the City of Agawam;
tf. NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE
i AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF
AGAWAM, BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY
DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON
ADOPTION:
Article XVI
Section 180-112 Purpose. The purpose of this Article is to create an overlay
district to allow for the conversion of Agawam's historic structures while
preserving the character of nearby residential neighborhoods; to encourage. the
preservation, reuse and renovation of historic properties; to promote diversified
housing opportunities and other uses such as mixed residential/commercial use,
andlor a combination of such uses.
Section 180-113 Overlay District. The Historic Preservation (HPOD) Overlay
District small be applied in all Zoning Districts. Within the HPOD all regulations of
the underlying district(s) shall continue to be in full force and effect, except where
these regulations supercede such underlying requirements or provide an
alternative to such requirements.
Section 180-114 Historic Eligibility: A historic structure or historic place must
meet one of the following criteria:
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A. Included in the Agawam Inventory of Historic Structures prepared by the
Agawam Historical Commission, as amended from time to time, including •
buildings listed for which complete surveys may be pending; or
B. Listed on or is within an area listed on the National Register of Historic
Places or is subject of a pending application for listing on the. National
Register of Historic Places, or has been determined to be eligible by the •
Massachusetts Historical Commission for listing, either individually, or
within an historic district, on the National Register of Historic Places.
Section 180-115 Conditions
A. Existing .buildings being converted under the terms of this Article are not
subject to the minimum lot area, minimum setbacks, maximum building
height, or maximum number of stories requirements listed in the
underlying district. Additions or alterations to the existing structures are •
subject to the height and setback requirements of the underlying district.
B. Existing buildings on existing lots that are deficient in frontage may be
converted under the terms of this section without a variance, but existing
lots which meet or exceed the minimum required frontage may not be •
subdivided in such a manner as to leave the existing building on a lot that
lacks the minimum required frontage.
C. The exterior design of the structure shall be maintained to the greatest
extent possible. •
D. The original building area is not to be increased more than ten (10)
percent of its gross floor area. Additions and alterations made to comply
with the requirements of the Americans with Disabilities act are not subject
to this limit.
Section 180-116 Special Permit. The Agawam City Council may grant a Special
Permit to authorize actions -upon and uses of historic structures and historic
places that exceed those allowed in the underlying district, if such actions or uses
comply with the requirements of this section, § 180-11, and are in the Town of
Agawam's best interest to -preserve and enhance historic structures and historic •
places.
Section 180-117 Review by Other Boards. Whenever an application for such a
special permit is filed with the City Council, the applicant shall also file, within five
(5) working days of the filing of the completed application, copies 'of the
application, accompanying site plan, and other documentation to the Agawam
.-> Historical Commission, the Agawam Planning Board, the Agawam .Health
Department, the Agawam Fire Department and the Agawam Safety Officer for
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their consideration, -review and report. The copies necessary to fulfill this
requirement shall be furnished by the applicant. Reports from other boards and
officials shall be submitted to the City Council by the date of the public hearing,
but in any case within thirty-five (35) days of the receipt of the reviewing party of
all of the required materials; failure of these reviewing parties to make
recommendations after having received copies of all such required materials
shall be deemed a lack of opposition.thereto.
Section 180-117 Uses. Allowed Uses., if found to be appropriate by the Agawam
City Council, shall be limited to: residential, and bed and breakfast homes
allowing a maximum of one week's stay.
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ordinance committee was Councilor Magovern I believe, Carr Bitzas and Joe Mineo and
also Councilor Calabrese was there as well. The zoning committee voted 2:1 to make a .
positive recommendation, the ordinance committee voted 3:0,just a couple of points for
everybody to understand here. What's nice about this ordinance is because the council is
the special permit granting authority,it gives us more power than if it was just a zone
change. As you know if a business or someone comes up with a zone change they give us
a plan. We may say hey that's a great plan, but once they get the zone change, they can
do whatever they want with the land. With the special permit someone comes to us with a •
plan and we can reference that plan and say you can do x,y,z, you cannot do a, b, c,
because we are a special permit granting authority we have very specific, we issue a
written decision that can be very specific as to what the applicant can or cannot do.
Additionally because we are an elected body,unlike the zoning board, appeal board of
the planning board,we have more deference if the applicant doesn't like our decision and •
decides to go to court,we are gonna get more deference because we are an elected body
from the whole community. So I think those are the two big things to understand. The
other thing in case anybody has any questions ... ask me, Under allowed uses it says
residential and its any residential use in any of the residential districts and the bed and
breakfast use was limited to one week stay so you don't have a place becoming a
rooming house, it truly would be a bed and breakfast. So I know Councilor Rossi has
some questions and I'll let him address those if he still has those questions in his mind.
But I think that the fact that the council is the special permit granting authority and
because this is an overlay district and not something where people can apply for a zone
change, I think the town is really protected what we can hope to maintain is say things
like Jeff AIlen like Betty's Town House. So it was 3:0 yes for the ordinance and 2:1 for
the zoning. Thank you.
President Rheault—Thank you very much. Any other discussion on the
amendment? If not clerk please call the roll on the amendment to remove that starting at
opportunity on 180-112 as attached.
ROLL CALL— 11 YES
President Rheault— 1 I:0 you approved the amended version of the amendment.
Now the main motion as amended. Any further discussion? r
Councilor (?)- What reading is that?
President Rheault—The first. I would say we can do it. It doesn't stipulate
otherwise, its an ordinance so we should have two on zoning. Councilor Perry I am sorry. 49
Councilor Perry—Yes thank you Mr. President. To the zoning and ordinance
committee, how is this process going to work in regards to an applicant come into court,
where do they buy it at the council office, at the town hall?Is there a specific time frame
in which the council has to address this?Is it going to be the zoning sub-committee that is
going to handle giving information to the rest of the council?These are just some of the
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questions that I have, I mean I have no problem with the ordinance, but once its passed
how does the council at that point handle it?
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Councilor Letellier- I can address it. Sure, if you look at Sec. 180-117, which is
on the second page of the ordinance, its up to the applicant to ensure that they file not
only with the city council but they also give copies to all of these boards. I do not see
here a deadline by which the council has to set up a public hearing and to be honest
. Dennis I didn't think of that in terms of you know what is our time period. Oh Debbie got
her hand raised.
Deborah Dachos- Its regulated under Chapter 40A of MGL,which are the special
permits,they specify what kind of notice you give, when you have to hold your public
hearing, when you have to make your decision.
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Councilor Letellier—O.k. so its up to the applicant to get the staff to us and I
guess state law tells us when we have to have our meeting. But thank you for bringing it
up because I didn't notice it.
• President Rheault—Alright, any other, no? Clerk please call the roll,Betty just
take a note this is the first reading and after this it will appear as the second reading.
ROLL CALL— I I YES.
• President Rheault— 11 yes you have approved the first reading as amended and
attached.
Item 9.2 PH-2007-2-(ZC-2007-2)-Zone Change--from Industrial B to Residential
A-2 regarding property-located at 444 Shoemaker Ln., Aga., MA for Carlo P. Bonavita
i (Ref.to Zoning Review Comm. on 2/5/07)(Conduct Public Hearing).
President Rheault—Next one has been removed without prejudice.
Item 10. Old Business
• (a)
1. TOR-2007-2TAn Ordinance to Amend the Code of the Town of
Agawam Chapter 49, Entitled Personnel,�49-7 A (2)and $ 49-7B (2) and B. �3} and Add
W-7 B(44)Woun. Calabrese)(1"Reading).
President Rheault--Councilor Calabrese?
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Councilor Calabrese--So moved.
President Rheault—Moved by Councilor Calabrese, seconded by Councilor
Simpson. Did you ...
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Councilor Calabrese—Yes I just want to point out that I was requested to conduct
a survey and I have the result of the survey,I have given one to each of the members of
the city council for their consideration of this matter. Thank you. !
President Rheault--Question is moved as attached (please see attached),Is there
any discussion for the first reading? Clerk please call the roll.
ROLL CALL—Simpson? !
Councilor Letellier--I am sorry.
President Rheault-I am sorry, o.k. Councilor Letellier.
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Councilor Letellier—I am sorry, I thought we were going to hear a report from
the finance committee or something,that's why I didn't have my light on initially.
President Rheault—Her report was that she gave us a ...
Councilor Letellier—O.k., well I guess its helpful to have this list and as I look at
it, I see Westfield pays more than we do, they are a much bigger city. Holyoke pays more
than we do, much bigger city. Westfield, I mean West Springfield I think is probably the
best approximate. Springfield certainly I don't think that is for us to compare to. South
Hadley interesting that they are that much more than us. I mean my thoughts are this. I !
really hope that people don't run for mayor in the town of Agawam because.they want a
jump in salary and I don't believe that that's the case but I also don't know who is out
there that's gonna run at eighty-five or seventy-five,that wouldn't run at sixty-five,
because obviously there is benefits to this job other than just the salary. You get the car,
the health insurance,you get the vacation you can accrue at the end and you know some
other things. And so when I had talked to some councilors privately about this I was more !
comfortable with the mayor going from sixty-five,to seventy-five because as I said I
think there are other perks for the job that get you beyond the seventy-five. I don't know
if I feel strongly enough to amend the item as its been printed,but geez I really would
like us to have a little bit of discussion about this instead of just jumping on it and voting
on it,but if nobody wants to then I certainly respect that. Thank you. !
President Rheault—Well if you look councilor, as of 2008 in West Springfield it .
would be the same for the mayor as we do.
Councilor Letellier—Right, I did notice that but I guess the comparison I was !
making is some of these other cities that pay more are much bigger cities with much
bigger budgets and much bigger problems.
President Rheault-Seeing no further discussion, clerk please call the roll.
ROLL CALL— 10 YES, 1 NO (Coup. Perry).
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TOR-200
DRAFT
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM CHAPTER
49, ENTITLED PERSONNEL, § 49-7 A (2) AND § 49-7 B (2) AND B (3) AND
ADD § 49-7 B (4)
•
WHEREAS, the Agawam City Council desires to amend § 49-7 A (2) of the Town
Code to increase the annual salary of the Mayor; and
• WHEREAS, the Agawam City Council desires to amend § 49-7 B (2) and B (3) of
the Town Code to increase the annual salary of City Councilors and the City Council
President; and
WHEREAS, the Agawam City Council desires to add § 49-7 B (4) to include the
• annual salary of School Committee members;
NOW THEREFORE, the Agawam City Council hereby resolves, ordains and enacts
the following amendment to Chapter 49 §49-7 A (2) and § 49-7 B (2) and B (3) and to add §
49-7 B (4).of the Code of the Town of Agawam as follows:
•
DELETE the last sentence from § 49-7 A (2) as follows:
The Mayor shall receive an annual salary of$65,000.
• ADD the.following to be the last sentence of§ 49-7 A (2) of the Code of the Town of
.Agawam which shall now read as follows:
The Mayor shall receive an annual salary of$85,090. (Effective I Monday,
January, 2008)
DELETE the following from § 49-7 B (2) as follows:
Councilor: $6,000 per year.
• ADD the following to § 49-7 B (2) of the Code of the Town of Agawam which shall now
read as follows:
Councilor: $10,000 per year. (Effective commencement of term beginning January,
2008)
•
NA
DELETE the following from § 49=7 B(3) as follows:
Council President: $7,000 per year. •
ADD the following to§49-7 B (3) of the Code of the Town of Agawam which shall now
read as follows:
Council President: $12,000 per year. (Effective commencement of term beginning •
January, 2008)
ADD § 49-7 B"(4) of the Code of the Town of Agawam as follows:
School Committee: $5,000 per year. (Effective commencement of term beginning !
January, 2008)
Dated this day of
•
PER ORDER OF THE AGAWAM CITY COUNCIL
!
Donald M. Rheault, City Council President
OVE AS TO FORM AND LEGALITY
incedt diescia, Acting City Solicitor
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1
President Rheault— 10 yes, 1 no you have approved the first reading.
Item 10.2 TO-2007-9-Voucher List$ 101.91
President Rheault—Fully signed and made a motion by Councilor Simpson and
seconded by Councilor Magovern. Clerk call the roll.
ROLL CALL— I I YES.
President Rheault— 11 yes you approved the voucher list.
Item 11. New Business
• (a)
I. TO-2007-9-Class II Dealer License Transfer for Bear Auto Sales
President Rheault—Next agenda.
Item 11.2 TR-2007-10- A Resolution to Accept a„Deed Granting Certain Parcels of
Land to the City of Agawam Wayor .
President Rheault Will also go to next agenda.
Item_12. Any other matter that may legally come before the city council
President Rheault—I'll start to my furthest right if there is any other business to
come before the council. Councilor Perry.
Councilor Perry—Yes thank you Mr. President. I noticed that we did get a
transmittal memo from the PVPC, pioneer valley planning commission I guess they are
holding a meeting tomorrow. I guess is that part of the group that has something to do
with Rte. 57. I thought that's what it was, I just didn't know if anyone will be able to
attend that tomorrow.
President Rheault-I am going to attempt to.
Councilor Perry--You are going to attempt to o.k. I know it just came in our
packets on Thursday, which kind of gives us all a little bit of short notice when we have
full time jobs during the day.
• President-Rheault—Tough�rrie.
Councilor Perry—You know 10:00 a.m. is pretty tough. But I just wanted to see if
anybody did see it and if anybody is trying to attend and hopefully we can get that moved
up on the priority list. I think we need to you know push that issue on the expansion of
• 57. The other question, not question, I guess I am just a little concerned in really I should
really talk with some members of the school committee, in regards to some, you know
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the situation at the high school. You know this is the third change in 6 months I believe
or something like that as far as the principal.going back to the middle school from the
high school, I think we've all seen that. I just you know its one of those things, you know !
I will address to the school committee members but I didn't know if any of the councilors
had any idea on the changes that were being made. So I just wanted to let people know I
am a little concerned...
Someone sneezed.
President Rheault—God bless you.
Councilor Perry—God bless you. Thank you.
President Rheault—Councilor Letellier.
Councilor Letellier—I just want to thank Councilor Perry for taking the initiative
for getting us e-mail of all these draft letter regarding 57 and you know getting it down
and getting it out in time, so thank you.
•
President Rheault—Councilor Mineo.
Councilor Mineo—Yes I would also like to thank Councilor Perry for that. I agree
with you Dennis about the situation at the high school. I know that Mr. Zavarello went to
the high school in November. I thought things were going well and we have another •
change at the high school. I guess he wanted to go back to the middle school. I guess my
question would be why did he want to go back? I hope we could may be get that
answered somewhere may be from the superintendent why there is another change. I
mean it is concerning three, you know we are on the P change in 6 months, so I also
would like that. Thank you. i
President Rheault—Councilor Calabrese.
Councilor Calabrese--I actually don't have anything this evening,but thank you.
•
President Rheault—Councilor Magovern.
Councilor Magovern—Dennis again thank you for your letter. I think its very well
written and it got its first response because we got our invitation to the meeting, so thank
you very much. And I think Council President will address it a little bit later but I want to
remind everybody that we have our St. Patrick's Day parade on the I e of March in
Holyoke and I want to commend the St. Patrick's Day parade committee for the
wonderful year they've been having. They've have had some wonderful contestants for
the colleens. The colleens were selected. They went to the big event yesterday up in
Holyoke, which is where all the contestants perform from all over the region and
Agawam out performed everybody and came away with a lot of the awards. Again
committee is to be commended and I wanted to give you just a little bit of history and that
13 •
is that one of the reasons that we have our Agawam committee is because the city council
tried to march for many years up in Holyoke and always had a hassle find a place to
! march, so we said to ourselves why doesn't Agawam have a contingent up here to march
in the Holyoke parade. So we were kind of the instigators in getting the group together to
start the Agawam committee so I would like to see the Agawam city council take
advantage of the slot that we have in the parade and as many of the city councilors show
up and show off our green for the day with all of us being Irish,so if you could see me at
the meeting or if you could raise your hand as to whether or not you are going to be
! marching. We have one, who else thinks they'll be marching on Sunday?
Councilor{?} Depends on the weather.
Councilor Magovern—Chicken.Good Irish man will march in the rain and we
! have Sicilian Irish there too so I hope that everybody will between now get to me as soon
as possible so we can get the list to the committee and get us into the parade, thank you
very much.
President Rheault—Well I sure am glad you left something for me. Its all yours,
there is nothing I can do with that, echo that, good job and thank you Dennis for that.
Hopefully I will get a chance to get over there tomorrow, hopefully and obviously I will
report back to the council about their excuses or what have you. Councilor Carr Bitzas.
Councilor Carr Bitzas--Thank you Dennis. I hope that letter with all our cities
has been going through, thank you very much.
President Rheault Councilor Bitzas.
Councilor Bitzas—Everybody for the Irish and not Irish Happy St. Patrick's Day
and be careful out there with the ice. Hopefully we have excellent 57. The town did the
best to clean up the roads but just everybody be careful.
President Rheault—Councilor Simpson.
Councilor Simpson—Thank you. Just a couple of brief things. One to echo the
i comments made previously about the issues at the high school. Hopefully, I had talked to
one school committee member regarding the situation and you have to remember the
students up there, this will be the third principal this year and also for the senior class
their third principal within their year of graduating, so I think we need to have some more
information on that than what we just read in the paper. Also memo will be going out,
! there is a meeting of the school budfet sub-committee,a joint meeting with the school
committee next Monday, March 12 at 6:00 p.m. at the middle school. I have been
promised that we will have our budgets before that meeting. If we don't I certainly will
not attend it until we have our budgets, but I have been told that we would have the
budget book before the meeting. So you should be getting a memo on that and also
hopefully some security will be beefed up that there was a mugging behind the park&
rec. on Friday afternoon. A town resident going to the park &rec.was mugged and
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wallet stolen. So that area there, it was in the afternoon and a lot of students and children
are out there so hopefully security and patrols have been going back there to alleviate that
back there or not, may be it was just a fluke but to the person who was mugged it really
wasn't a fluke for them. So hopefully that issue was looked into and that's it,thank you.
President Rheault—Thank you. Councilor Rossi.
Councilor Rossi—Yes just briefly,this ordinance kind of put me into a question
kind of a mode and I would like to,I know we've adopted a lot of ordinances over the
past 2 months and even last 2 years. I often wondered what has happened to them. I know
that we passed ordinances to try to get our unregistered motor vehicles and motor
vehicles that were for sale on our tree belts. We decriminalized our ordinances and we
created a similar process by ticketing and I see it really hasn't worked as far as getting !
those vehicles off the tree belts and we recently just passed one on the sign ordinance and
we also included in there a code enforcement person. Well I had an opportunity the other
day while I was at the town hall to meet the young man. He seems he is a pleasant
enough young gentleman, not with the credentials that I would have hoped for but
nonetheless,he is a body, he is breathing and he does get paid. I was wondering just
exactly what we are doing here? I don't see any signs coming down, in fact I see more !
signs. We are advertising everything from 6 packs of coca-cola to snow removal services.
I was wondering how we are doing with that.I haven't heard anything about this
appointment. I don't know if anyone else has. I certainly haven't had anything
formal...but it wasn't my charge to make. But I would like to know what we are doing
about that?We are creating these things,we are creating all these expenses and we really r
haven't done anything yet and I just would like to know if anyone else has any thoughts
on that. If we, if anyone has any idea of when these signs are coming down. I know Mr.
Magovern it was your thought and ...
Councilor Magovern—I like to make a comment, if I could,
Councilor Rossi—what, I like to know just exactly when these signs are going to
come down?
Councilor Magovern—Well as it so happens,through the council president to
Councilor Rossi,as it so happens I was in the restaurant where I normally eat lunch today
and she came up to me because she knows I am chairman of the ordinance committee and
she says,my signs are down. I said oh that's great. I said that son of a gun council or the
chairman I guess did something. She said no it was the police department, called her and
told her that she had to take her signs down. I couldn't believe it,but the police
department did call and tell them that their signs were in violations to the ordinance and
they had to come down and at least her signs are now down and she charged me for my
second cup of coffee.
Councilor Rossi—That's refreshing. I am glad the department...
15 !
Councilor Magovern—Something has been done Councilor Rossi even if it cost
me a little bit more for coffee.
President Rheault-That's a real story.
Councilor Rossi—It seems we don't need the code enforcement officer after all.
Well may be they should.start working on the other signs and I was just,may be because
you are the sponsor of that ordinance and it is your committee,may be you can get that
• information for us then. I see them during our beautification plantings, I am sure Mr.
Bitzas, Councilor Bitzas is not too happy about that. I see them all on the tree belts and
all over the place advertising everything in the world and I just want to know, now that
we have that person in place, I happened to meeting,he is working at the clerk's office. I
don't know why he was working in the clerk's office but he was in the clerk's office.
• May be you can get that information for us.
Councilor Magovern—Well I can tell you one has been down and I also know for
a fact that he was out taking pictures of other illegal signs and turning them in to
somebody,who I don't know. But finally the glacier is moving and hopefully we will get
the signs down, but thank you for your concern and keep pushing your buttons.
President Rheault—Councilor Young.
Councilor Young—Nothing this evening,thank you.
• Councilor Magovern—Thank you for keeping your time.
President Rheault—We had a,just a short notice here, I think it was not done
because he was under the weather,but the mayor is giving his state of the city address
• televised Thursday the Wh, 15'11, 21g on the community access channel at 7:00 p.m. And
Betty if you would,I think its encompass that the mayor or Mary Czajkowski notify the
council as to what transpired as far as that school principal. And I didn't hear anything
until just now on the mugging,which is disturbing in itself and Mr. Magovern can I
impose on you to get an update as to the status of the signs.
• Councilor Magovern—With pleasure. °
President Rheault—And have it for us for the next meeting.
Item Adjournment
• President Rheault—And I would entertain a motion to adjourn. Moved by the
council, seconded by council. Thank you very much, we are adjourned.
Adjourned at 8:20 P.M.
Respectfully submitted
Ursula Retzler, Clerk of the Council
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