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CC MTG MINUTES MAY 16 2011 REGULAR MEETING OF THE AGAWAM CITY COUNCIL ! Minutes dated May 16, 2011 President Rheault — Good evening ladies and gentlemen. Welcome to May 16, 2011 City Council meeting. Item L Citizen's Speak Time President Rheault — We have a citizen wishing to address the Council. Corinne Wingard? Please step to the microphone. State your name and address for the record if you would. You have up to five minutes. i Corinne Wingard — Thank you. Hi. My name is Corinne Wingard. I live at 194 Ehn Street in Agawam and I'm here tonight to invite all of you and the general public to a fund raiser we're holding June 80' at the Federal for the School Street Barn. We're hoping a lot of people will come and give us some support cuz it's a wonderful historic • important building in our town. At the suggested donation of $25.00, we're going to have a silent auction with many wonderful donated items and I hope you all will come. Thank you. President Rheault—Thank you. ! Item 2. Roll Cali President Rheault—Barbara, please call the roll? ROLL CALL—10 PRESENT, 1 ABSENT (Councilor Rossi) President Rheault—Ten present, one absent. Item 3. Moment of Silence and the Pledge o Alle iance President Rheault—Please rise,for a moment of silence and Pledge of Allegiance. Item 4. Minutes (a) Regular Council Meeting—May 2,2011 President Rheault — Moved by Councilor Walsh, seconded by Councilor Cichetti and I don't know, others down on the left side. Any corrections or additions? If not, voice vote is sufficient. All those in favor? Opposed? • Item S. Declaration from Council President None. ! l Item 6_Presentation of Petitions.Memorials & Remonstrances (a) Resolutions 1. TR-2011-23 -A Resolution Adopting Massachusetts General Law Chapter 32B, Section 18 (Tabled 5/2/11)(Referred to Ordinance Committee) (Mayor) President Rheault — The item is on the table. Seeing as there is a lack of necessary votes on the table to discuss it, I'll entertain a motion to leave it on the table unless any councilor objects. • Councilor Perry—Make a motion to leave it on the table. President Rheault—Moved by Councilor Perry, all right,the item is on the table. 2. TR-2011-25 -A Resolution to Promote Economic and Environmental Health in Agawam through the Design,Construction,Operations and Deconstruction of Town Facilities by Designating Agawam as an "Energy Smart Community"and Supporting and Endorsing an Application to be Designated a Green Community(Tabled 5/2/11) (Councilor Rossi) President Rheault — The item is on the table. I'll entertain a motion to take if off. Councilor Messick moves, seconded by Councilor Letellier. All those in favor? Opposed? The item is off the table. Councilor Messick—I make a motion to go into Committee as a Whole. President Rheault -- Moved by Councilor Messick to go into Committee as a Whole, seconded by Councilor Letellier. All those in favor? We're now into Committee. Councilor Messick — Debbie Dachos is here to tell us a little bit about what this Resolution is going to accomplish. • President Rheault—All right. Debbie? Debbie Dachos — Good evening. This resolution is sponsored by Councilor Rossi and obviously he wasn't able to attend this evening so I'm here to answer any questions and I guess I could give you a brief overview about why it's before you this evening. As you're aware, it's probably about six or eight months ago, the Council had before it an item called the Stretch Code. That was one of five criteria for becoming a Green Community. The other criteria have to do with as of right siting, energy facilities or alternative energy facilities. Another item is the special permitting, expediting permitting, which allows for siting of such facilities within a certain time frame. Another is the preparation of a 20% reduction plan, I'm being really brief on this because it's a very extensive application, 20% reduction plan is a plan that's based on an inventory, an assessment of the town's energy use, of all the public buildings and motor vehicles and • 2 i then a proposal over the next five years to reduce the energy use by 20%. It's a major undertaking. The fourth criteria is the creation of a policy to purchase energy efficient • vehicles and the fifth criteria was the Stretch Code. In order to become a Green Community, you have to satisfy all five criteria. Agawam's Energy Commission which we formed two years ago, wow, time flies, has been actively seeking to meet those criteria and came up short when the Council voted to not support the Stretch Code. In the interim, we also applied for a local technical assistance grant from the Pioneer Valley Planning Commission who was going to help us prepare the 20% reduction plan and through that participation and coordination with Pioneer Valley Planning Commission we found out that we can apply for a waiver of the Stretch Code. Actually, you can apply for a waiver of any of the criteria and we meet four out of the five. So for the last six to eight months, we've been looking at what the town does to reduce energy usage and we've • compiled a volume of different programs that the Town of Agawam has that we feel does as much as adopting the Stretch Code. Councilor Rossi is on the Energy Commission and it was his suggestion that in addition to all the various programs that we have, the Council show support for Agawam becoming energy smart and adopt a policy statement that says that the town will be looking at its energy usage and will use smart energy i technology to try to satisfy the goals of the Green Community's legislation. So, he drafted the Resolution that you have before you this evening. We hope that you will support that Resolution and in addition support the application to become a Green Community. We have moved forward with the preparation with the application and it's due on June 10t'. That's the first step in the Town of Agawam becoming eligible for up to $130,000.00 to make changes to Agawam's buildings and adopt other energy efficient measures. We really hope that you will support the Resolution this evening to allow us to be eligible for that funding. Even if you do adopt the Resolution this evening, however, it's a little bit of a long stretch to get the state to accept the waiver request but as I said we have been working diligently to prepare the package that shows that we have other measures in place. I'd be happy to answer any questions. i President Rheault—Thank you. Anyone have any questions of Deb? Councilor Walsh? Councilor Walsh --Yes, as far as like the Stretch Code portion, is there a guarantee that if we were to pass it, that we would be applying for an exemption or is this just a possibility? Debbie Dachos—Is there a guarantee that if you pass the Resolution this evening that we will get it designated? Is that the question? Councilor Walsh —In other words, we would be applying also for the exemption for the Stretch Code? Debbie Dachos — What you're doing this evening is acting upon a Resolution that encourages the town to adopt energy efficient measures and the submission of an application to become a Green Community. In that application we have provided proof that we have met four out of the five criteria — the fifth being the Stretch Code -- and in the fifth criteria section we are providing documentation and evidence that we have 0 3 adopted other measures that we hope will be accepted by the state so they will provide us with a waiver of the Stretch Code. • Councilor Walsh —Okay, but the other measures, if you will, would not revolve around the Stretch Code right? In other words,there would be other energy saving measures? Debbie Dachos — Yes, I'm going to try to do this from memory. I was ill today so I 0 wasn't in the office and I don't have my file but I think I've worked on it long enough that I can probably list most of them. Some of the evidence and documentation that we've provided—one was that the Mayor adopted a policy for energy usage having to do with computers and copiers and the like in public buildings. The IT Director has instituted special measures on all the hardware throughout the town that has sleep modes and automatic turn-offs. Okay, Jill you might have to help me here, I'm gonna go through the list, let's see — Councilor Walsh — But basically these other measures do not involve the Stretch Code so that we're basically, if you will, we're saying we're looking for an exemption to the Stretch Code but we're not playing with the construction regulations that are now in place or are we? Debbie Dachos — We are attempting to build an argument that instead of adopting the Stretch Code, that we are instituting other measures outside of the new building arena to save energy and some of the others were purchasing the energy efficient vehicles, green 0 school's initiative, possible solar facilities in town, I had ten different things that we've done. The water conservation measure in the DPW, the non-idoling policy, the schools and yea, I think about ten different items that we've shown that we have done over and above Stretch Code. • Councilor Walsh—Okay, thank you. Okay, that was my concern. President Rheault--Thank you. Councilor Simpson? Councilor Simpson —Thank you Debbie. Just a quick question, if all this goes well and say we become a Green Community and the waiver for the Stretch Code goes in our favor, what happens though if certain things that we're trying to do and enact, like buying new vehicles, when there's just not money, you know, budget, are we under time constraints to do certain things and if we don't do them, do we lose it or are they understanding of budgetary problems and things like that that may come up? How does the money issue fall into all of this? Debbie Dachos—Okay, I guess there's two answers to that question. The 20%reduction plan is a five year plan but it's a goal and we have been promised that you commit to the goal but if you can't achieve it that they're not gonna come and take the money back. So I think that if we get the $130,000,00 the Building Maintenance Department has identified buildings through a recent energy audit that need to have upgrades and we probably can meet that twenty percent. I also want to say that Agawam's been really 4 • aggressive in instituting green energy efficient measures and so we kind of, it's always the case, we always do things first and then you know we really need to do it later but so • no, we will not have to pay money back if we don't meet the twenty percent but I think we can get pretty close to it. I think that's the answer. The $130,000.00 would go into actual hard construction projects. President Rheault—Councilor Magovern? • Councilor Magovern — I think this is just a building on the same question which is number one you're to be applauded for a lot of the measures that you have already put in place to meet the requirements without added cost to the town. The question I've got is that when you go to replace the vehicles that are more energy efficient, this is a replacement of vehicles that are in normal rotation and not going out and getting specific new vehicles that would meet the Code I would presume. Debbie Dachos—Vehicles will be replaced as they become obsolete. . Councilor Magovern —Normal rotation and not going out specifically to get vehicles to meet these requirements? Debbie Dachos — Yes, that is part of that energy efficient policy and in fact there's a number of types of vehicles that are exempted because they don't make energy efficient fire trucks for instance than our other vehicles but this would be vehicles that were going to be replaced anyway, would be replaced with energy efficient vehicles. Councilor Magovern —And I think the public should know that in today's day and age when you get these energy efficient vehicles, they're really not any more expensive than the other vehicles it's just that they are meeting the Code, the specifications are to be • energy efficient, correct? Debbie Dachos—That's correct. Councilor Magovern—Thank you. • President Rheault—Councilor Bitzas? Councilor Bitzas — Thank you Mr. President. Debbie, one question,just curiosity. You talked about the waiver before, it's not a guarantee is it? • Debbie Dachos —No it isn't. Pm hoping that after all this work that we are successful but you know what, we're giving it a good shot. We're really trying to meet the requirements. It would have been ideal to adopt the Stretch Code and we wouldn't have had to do this. So what happens is we submit the application by June le, they review the application and if we are successful then we get to go to the next round which is the actual funding round. If we're not successful then we don't. • 5 • Councilor Bitzas —Do you know any community that was successful in the whole State of Massachusetts? • Debbie Dachos — No, actually I don't. I did talk to our Regional Coordinator from the Department of Energy and Natural Resources and I guess it's a major uphill battle but if our application gets judged on how much it weighs,we should be all set. • Councilor Bitzas —Thank you. So it's worth a try, right? Maybe we'll be the first ones in the state. Debbie Dachas —Yes. • President Rheault — Anyone else? Motion to come out of Committee as a Whole? Moved by Councilor Messick, seconded by Councilor Letellier. All those in favor? We're now out of Committee. Council's pleasure? Councilor Messick—Motion to move the item. President Rheault — Moved by Councilor Messick, seconded by Councilor Mineo and Councilor Letellier. Any further discussion? If not, Barbara,please call the roll? ROLL CALL— 10 YES, 0 NO, 1 ABSENT (Councilor Rossi) • President Rheault—Ten yes, one absent, you've approved the Resolution. Item 7. Report of Council Committees None. • Item 8. Elections 1. TE-2011-4 -Election of an Alternate Member of the Agawam Zoning Board of Appeals to an Unexpired Term Expiring January 1,2014(Council) President Rheault — Council's pleasure? The floor is open for nominations. Councilor Perry? Councilor Perry—Council President? Yes, I'd like to nominate Gary Geiger. • President Rheault—Gary Geiger's been nominated. Councilor Letellier— Second. President Rheault—Anyone else? • Councilor Bitzas—There is no other name, I move to close nominations. • 6 • President Rheault—Moved by Councilor Bitzas, we had—close nominations. All those in favor? Opposed? Barbara, for the record, please call the roll? • ROLL CALL—10 GARY GEIGER, 1 ABSENT (Councilor Rossi) President Rheauh— Ten for Gary Geiger, one absent, you've appointed Gary Geiger as an alternate to the Board of Appeals. Congratulations Gary. • Item 9. Public Hearings 1. PH-2011-2 - (TR-2011-26)A Resolution Adopting the Fiscal Year 2012- 2016 Capital Improvement Program (Public Hearing Date Set for June 6, 2011) (Referred to Capital Improvement and Finance Committees) (Mayor) • Item 10. Old Business None • Item 11. New Business 1. TR-2011-28 -A Resolution Establishing a Resident Only No Parking Zone(Councilors Cichetti,Rossi and Perry) President Rheault — Next Agenda. That probably should be looked at by the Safety Committee and on these, when I'm referring them over to the committees, it's — leave it up to the prerogative of the Chairman. or Chairperson who if they feel that a meeting is necessary and uh - 2. TR-2011-29 -A Resolution Reappointing Henry A.Kozloski, 102 Meadow Street,Agawam,MA.to the Community Preservation Act Committee to a Term Expiring April 30,2014(Council) President Rheault—Next Agenda. That should go over to the Ad Hoc CPA Committee. 3. TR 2011-30 - A Resolution Reappointing Violet Baldwin,1245 Main Street,Agawam,MA. to the Community Preservation Act Committee to a Term Expiring April 30,2014(Council) President RheauIt — Next Agenda. That should also go over to the Ad Hoc CPA committee. 4. TR 2011-31 -A Resolution Adopting the Fiscal Year 2012 Annual Operating Budget for the Town of Agawam(Set a Public Hearing Date- Suggest dune 20,2011) (Mayor) • President Rheault — Suggests that we have a public hearing on June 20t`. Is that a problem for anybody? If not, Barbara, make the necessary arrangements for the public hearing at that time and I urge all committee chairpersons to get their committees • 7 together to work on addressing the issue of the budget so we'll be fully prepared at that time. • 5. TO-2011-12 -An Order Granting or Renewing a LICENSE for a Junk Dealer—T's Jewelers, Zinovy Tokman, 559 Springfield Street,Feeding Hills,MA. (Clerk) i President Rheault—Next Agenda and that should go over to the License Committee. 6. TR-2011-33 -A Resolution to Authorize OPM and Designer Fees to MSBA for the Junior High School Roof Repair Project(Mayor) President Rheault — Next Agenda and if you read the correspondence, the money is • already there but I'll leave it up to the Chairman of the Finance Committee if he wants to call a meeting on that. Item 12. Any other matter that may„ legally come hefore the City Council. President Rheault — Is our favorite item and I'll start at my furthest right, Councilor Bitzas? Councilor Bitzas —Nothing this evening. President Rheault—Nothing. Thank you. Councilor Simpson? Councilor Simpson—Nothing tonight. Thank you. President Rheault—Nothing? Councilor Magovern? Councilor Magovern — Uh, only I'd like to again pass along our condolences to Councilor Rossi for the loss of his son and our prayers are out to the family. Other than that I have nothing else. President Rheault—Thank you. Councilor Mineo? Councilor Mineo—My condolences to the Rossi family. President Rheault—All the way to the furthest left, Councilor Perry? Councilor Perry — Yes, again, my condolences to the Rossi family and nothing else this evening. Thank you. President Rheault—Thank you. Councilor Letellier? Councilor Letellier—I also wanted to send condolences to Bob and his family and that's all that I have. Thank you. • 8 President Rheault—Thank you. Councilor Messick? Councilor Messick—And again condolences to the Rossi family. President Rheault—Councilor Cichetti? Councilor Cichetti -- Yes, I'd like to just take this opportunity to thank Richie Girard # who's the VA Officer and Six Flags for donating their money for all the new flags going up and down Main Street. That was given by Six Flags and Richie went after the money and asked them for the donation and I'd also just like to express my condolences to Bob and his family. Thank you. • President Rheault—Thank you. Councilor Walsh? Councilor Walsh —My condolences to Councilor Rossi and his family and nothing else tonight. Thank you. President Rheault—And to echo the sentiments of the Council, my heartfelt thoughts go • out to Bob and his family and hopefully he'll be back next meeting and I'll entertain a Motion to Adjourn. Moved by Councilors on the floor, seconded by the Councilor on the floor. All those in favor? Opposed? We are now adjourned. Thank you and good evening. • Adjournment. • • • 9