CC MTG MINUTES APRIL 16 2013 REGULAR MEETING OF THE AGA WAM CITY COUNCIL
• Minutes dated April 16, 2013
President Johnson—I'd call the meeting to order.
Item 1. Roll Call
President Johnson--I'd ask Barbara to call the roll please?
ROLL CALL —10 PRESENT, 2 ABSENT (Councilors Calabrese and Letellier)
i President Johnson — With nine present, we have a quorum. Councilors Letellier and
Calabrese indicated before the meeting that they wouldn't be able to attend.
Item Z Moment of Silence and the Pledge ofAllegiance.
President Johnson—I'd ask everyone to keep in their thoughts and prayers those victims
of yesterday's bombings in Boston at the Marathon and one of our own was within a
couple a hundred yards of where both explosions happened so it hits close to home
especially when it's only ninety miles to the east so I'd ask everyone to rise and keep
them in your thoughts and prayers please.
Item 3. Citizen's Speak Time
President Johnson —There's no one wishing to address the Council.
Item 4. Minutes
1. Regular Council Meeting—April 1,2013
President Johnson -- Is there a Motion to approve? Moved by Councilor Cavallo,
seconded by Councilor Cichetti. Questions or discussion on the minutes? Seeing none,
all those in favor say Ay? Any opposed? It's unanimous.
Item S. Declaration from Council President
None.
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Item 6. Presentation of Petitions Memorials & Remonstrances
1. TR-2013-22 -A Resolution confirming the reappointment of Gladys
Fernandez-Largay,M.D.,187 Edgewater Road,Agawam to the Agawam
Board of Health to a term expiring the first Monday in February,2016
(Mayor)
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President Johnson — Is there a Motion? Moved by Councilor Rheault, seconded by
Councilor Magovern. Questions or discussion? Seeing none, all those in favor say Ay?
Any opposed? It's unanimous.
2. TR-2013-23 -A Resolution confirming the reappointment of Beverly
Sanford Follis,92 Anvil Street,Feeding Hills to the Agawam Veterans'
Council to a term expiring April 1,2016(Mayor)
• President Johnson — Is there a Motion? Moved by Councilor Bitzas, seconded by
Councilor Magovern. Questions or discussion? I know she's here this evening. Seeing
none, all those in favor say Ay? Opposed? It's unanimous.
3. TR-2013-24 -A Resolution confirming the reappointment of Francis
• Curnow, 115 Forest Hill Road,Feeding Hills to the Agawam Veterans'
Council to a term expiring April 1,2016(Mayor)
President Johnson — Is there a Motion? Moved by Councilor Bitzas, seconded by
Councilors Magovern and Cichetti. Questions or discussion? Seeing none, all those in
favor say Ay? It's unanimous. Any opposed?
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4. TR-2013-25 -A Resolution confirming the reappointment of Rene
Trudel, 66 Brien Street,Agawam to the Whiting Street and Thomas Pyne
Fund for a term expiring December 31,2015(Mayor)
• President Johnson — Is there a Motion? Moved by Councilor CavaIlo, seconded by
Councilor Rheault. Questions or discussion? Mr. Trudel is also here and I apologize if I
mussed other people here but seeing none, all those in favor say Ay? Any opposed? It's
unanimous.
• 5. TR-2013-26 -A Resolution confirming the reappointment of Frank
Mazzei, 476 Springfield Street,Feeding Hills to the Agawam Veterans'
Council to a term expiring April 1,2016 (Mayor)
President Johnson — Is there a Motion? Moved by Councilor Mineo seconded by
Councilors Rheault, Bitzas and Cavallo. Questions or discussion? Seeing none, all those
• in favor say Ay? Any opposed? It's unanimous. The Chair extends our thanks to all
those who are willing to seek reappointment and for their service on the various boards
and commissions.
Item 7. Rer�ort of Council Committees
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1. Sub-Committee Reports
(a) Finance—Councilor Mineo
• Councilor Mineo—Yea the Finance Committee held meetings on January 7ty, 17'',February 13'h
and March 21". We met on several pieces of legislation regarding financial transfers, grants as
well as resolutions pertaining to the School Street Park and School Street Barn. We also met with
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the Auditor to get financial updates and discuss the preparation of various reports. We are
scheduled for a Finance Committee meeting at the Agawam Public Library this Thursday night.
. Thank you.
President Johnson—Thank you. Any questions to the Finance Committee Chair?
(b) Legislative—CounciIor Cichetti
• Councilor Cichetti -- Thank you. Our committee met on March 13'h and April IO'h. The
Legislative Committee held meetings on the following dates to review TOR-2013-1 an
amendment to our town zoning ordinances which will be having its public hearing this evening.
We also reviewed legislation concerning some housekeeping matters within the City Council
which we will be voting at our next meeting. As I mentioned before we are scheduled to meet the
second Wednesday of every month at 7:00 at the library in an effort to become a more proactive
• City Council Legislation Committee and that is it.
President Johnson—Any questions or discussion?
(c) Community Relations—Councilor Calabrese
# President Johnson — I don't know if anyone on that committee wants to pinch hit? I
didn't think there would be any volunteers so we'll finish it up with the Admin Sub-
Committee.
(d) Administrative--Councilor Rossi
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Councilor Rossi—Thank you Mr. President. The Admin Committee held several meetings this
quarter—two in January, three in February, two in March and again this month on April 16". In
our meetings, we reviewed several applications for license renewals, permits or automatic
amusement licenses, junk dealer's license, utility pole placements and status updates for the
• Southwest Sewer Project as well as developing an application for the Class 1, Class 2 vehicular
license. So we've been very busy this quarter over here. Thank you.
President Johnson —Any questions? The Vice President and I would like to extend our
thanks to all the committee Chairs and all the committee members for all the hard work
that you all do and as Councilor Cichetti pointed out in his report, the committees are
really now becoming more proactive in starting to push forward and that was the whole
concept when we shrank the number.
Councilor Cavallo—Mr. President? Can I?
• President Johnson—Councilor Cavallo?
Councilor Cavallo—1 know this is not in order but I will give a report on School Budget
Sub-Committee, we had meetings and we'll do that at the next meeting? Would that be
in order or?
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President Johnson --That probably would make sense to do when we get to the budget
section.
• Councilor Cavallo—Okay, thank you.
Item 8. Elections
1. TE-2013-4 - Election of a member of the Community Preservation Act
Committee to a term expiring April 30,2016.
President Johnson—Are there any nominations? Councilor Bitzas?
Councilor Bitzas — Yes, Mr. President. I put the name, George Galiatsos, for the
appointment to the Community Preservation Act Committee.
President Johnson— So we have the name of George Galiatsos in nomination. Are there
any other nominations? We have a Motion to close nominations made by Councilor
Bitzas, seconded by Councilor Perry. All in favor of closing nominations say Ay? Any
opposed? Nominations are closed. I'd ask Barbara to call the roll. The only name in
nomination is George Galiatsos.
ROLL CALL — 9 GEORGE GALIATSOS, 2 ABSENT (Councilors Calabrese and
Letellier)
President Johnson — With nine votes, Mr. Galiatsos is reappointed to the Community
Preservation Act Committee. Just for the public's information, we put notices out in the
newspaper and online looking for people who wish to volunteer. He was unable to attend
because of a prior commitment this evening but he did submit via email to the Council
that he was interested in being reappointed.
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Item 9. Public Hearings
1. PH-2013-3 (TOR-2013-1) - An Ordinance to Amend the Code of the
Town of Agawam Zoning Ordinances §IW29 "Article IV.Residence A-3
• Districts Use Restrictions"(Tabled 4/1/13)(Referred to Legislative
Committee) (Planning Board)
President Johnson —Is there a Motion to remove the item from the table? Seeing none,
the item remains on the table. I don't know what that does to the Public Hearing since
it's advertised for this evening. I believe we would continue to conduct the Public
Hearing even though the item is on the table. So at this point, while the item remains on
the table, I will open the Public Hearing and ask any of those in the audience who wish to
come forward and speak in favor of TOR-2013-1 to approach, state your name and
address.
• Mark Benoit — Mr. President and members of the Council, my name is Mark Benoit. I
live on 21 Alexander Drive here in Agawam. I'm also one of the managing partners of
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the Twin Brook Farm, over 55-community on South Street that was approved by the
Town back in 2008 and we're in the process now, we've had the project on hold for quite
some time because of the weak economy. We're in the process now of planning to
develop that property. This zoning amendment would primarily benefit our project in so
far as it would allow our project to be re-zoned from A-5 which is age restricted
condominiums to A-3 which are non-age restricted condominiums. We feel that the non-
age restricted condominium market is much stronger and recovering much more quickly
than the age restricted market. We think it will be a few years before that takes place. So
the zoning amendment itself would allow our project to move into A-3 but we understand
that there are concerns on the part of some members of the Council that the way this
zoning amendment is worded is such that it would allow somebody to come in, if it were
passed, it would allow somebody to come in with a project such as ours which is very
low-density residential lots of open space and then change their mind and develop higher-
density residential which is allowed in A-3 which are eight units per acre and eight units
per building. Our project is two unit per acre and two units per building, very low
density. So we understand those concerns on the part of the town and the councilors.
That kind of was an unintended consequence of what we developed in terms of the
zoning amendment and asked that the Planning Board to support, that would facilitate our
change from age restricted zoning to non-age restricted condominiums. So I'm here
tonight actually to ask that you table that amendment which you already have and allow
the Planning Board to withdraw the amendment from consideration and we plan on
meeting with the Planning Board and asking the Planning Board to support the creation
of a new zoning district here in Agawam which would be "low-density residential" which
basically would be the same as A-5 zone that we're in without the age restriction so if
that zoning district were passed, it would ensure that any development within that district
would have the same characteristics that we have in A-5 which is very low-density, large
piece of land, smaller buildings and more open space which I think in the long run is
better for the town and protects the town in you zone a project such as ours for non-age
restricted, low-density residential, that's what you'll actually get if a new zoning district
is created. So we have had some preliminary conversations with the Planning Board
since we felt that there was some concern, legitimate concern, with regard to the
amendment and to tell you the truth when we put the amendment together, we were
looking forward in terms of people having land that they wanted developed as low-
density and not wanting to go in the opposite direction but somebody could. Somebody
• could come up with a plan like ours and then all of a sudden change and say we're gonna
do eight units per acre. So doing a separate new zoning district we think is better for the
town. It creates a very nice residential, single-family home style condominium, potential
for condominiums of that nature which is what ours is. If that zone, new zone, is passed,
we will petition for our property to move from A-5 into this new low-density residential
• zone because we think it'll be more successful as non-age restricted condominiums.
There's no change in the concept or the plan for the project. It would remain the same
but we think the market is stronger for that and a separate zone is better for the town so
my request would be that you continue to table that issue, allow the Planning Board to
withdraw it. We'll meet with the Planning Board and ask if they would sponsor a low-
density residential district and work with that. We actually have a petition in for our
property on South Street to be re-zoned from A-5 to A-3. We're gonna ask that you
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allow us to withdraw that without prejudice since there's a change in terms of the
direction of the zone. So that is why I wanted to speak to the Council tonight and I
• appreciate your attention.
President Johnson —Thank you. Anyone else wishing to speak or be recorded in name
only in favor of TOR-2013-1? Anyone wishing to speak in opposition or be recorded in
name only in opposition? Seeing none, I declare the Public Hearing closed. At this
point,the item will remain on the table since there's no Motion to remove it.
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Item 10. Old Business
1. TO-2013-11 -An Order Granting or Renewing a PERMIT for a Junk
Dealer—T's Jewelers,559 Springfield Street, Feeding Hills,MA(Referred
to Administrative Committee) (Clerk)
President Johnson — Is there a Motion? Moved by Councilor Rheault, seconded by
Councilor Rossi, The matter was referred to the Admin Sub-Committee. Councilor
Rossi?
Councilor Rossi — Thank you Mr. President. The Admin Committee met this evening
prior to tonight's Council meeting and voted unanimously to send a positive
recommendation for approval.
President Johnson — Any questions or discussion on TO-2013-11? All those in favor
say Ay? Any opposed? It's approved, voice, unanimously.
2: TO-2013-12 -An Order Granting or Renewing a PERMIT for a Weekly
Amusement Device(s)—Crestview Country Club,281 Shoemaker Lane,
Agawam,MA(Referred to Administrative Committee) (Clerk)
A
President Johnson — Is there a Motion? Moved by Councilor Rossi, seconded by
Councilor Mineo. This matter was also referred to the Admin Sub-Committee, Councilor
Rossi?
Councilor Rossi — Thank you. Again, the Administrative Committee met and voted
unanimously to send a positive recommendation for approval to the Council.
President Johnson — Questions or discussion. Just FYI, it's weekly amusement permit
which allows them to have weekly entertainment. Seeing none, all those in favor say
Ay? Any opposed? It's unanimous.
Item 11. New Business
1. TR-2013-27 -A Resolution to Amend Rule 4 of the Rules and Regulations
of the Agawam City Council(Councilors Johnson and Perry)
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President Johnson —I believe the Legislative Sub-Committee has already been working
with that, next Agenda.
a 2. TOR-2013-2 -An Ordinance to Amend Chapter 49 of the Code of the
Town of Agawam entitled "Personnel" (Two Readings Required)
(Councilors Johnson and Perry)
President Johnson —I believe the Legislative Sub-Committee has already been working
• with this, next Agenda.
3. ZC-2013-1 -A Petition for Zone Change by 194 South Street Limited
Partnership for Property Located at 194 South Street and.Parcel B,south
Street from Resident A-5 District to Residence A-3 District-(Refer to
• Planning Board and Suggest a City Council Public Hearing Date)
President Johnson —The owner of the property just appeared and asked that the item be
withdraw so I don't know if we let it go to our next Agenda and then withdraw it or we
can just withdraw it at this point. All right. I'll deem the matter withdrawn at the request
of the Petitioner,
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4. TR-2013-28 -A Resolution Authorizing the Adoption of Order of Taking
for the Connecticut River Walk Loop under the Authority of Section 14 of
Chapter 40,Chapter 79 and Chapter 84 of the General Laws for the
Construction &Maintenance of the Connecticut River Walk Loop(Mayor)
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President Johnson — We've already dealt with 99% of these so it'll just go on to our
next Agenda. What happened was there was a property owner that had agreed to donate
the easements and in the interim sold the property before the easements got recorded. So
now we have to take them from the new property owner.
• 5. TR-2013-29 -A Resolution Adopting the Fiscal Year 2014-2018 Capital
Improvement Program (Set Public Hearing Date--Suggest June 3,2013)
(Mayor)
President Johnson — The Chair will set the Public Hearing date at our June 3`d meeting
• and refer the item to the Finance Sub-Committee.
Item 12. Any other matter that may legally come before the City Council.
President Johnson—We'll start tonight with Councilor Cavallo.
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Councilor Cavallo—Nothing tonight.
President Johnson—Councilor Bitzas?
Councilor Bitzas —I will surprise you. Nothing tonight.
President Johnson --So it was an April Fool's! Councilor Cichetti?
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Councilor Cichetti—Just schedule a date for those meetings, Barb? Thanks.
! President Johnson—Councilor Perry?
Councilor Perry —Yes, thank you Mr. President. Just real quick. We all are aware of a
meeting that the Governor's Council scheduled and planned and held in Agawam'two
weeks ago, I believe it was, and somehow inadvertently the City Council, where the
! meeting was being held, was not invited. I find that wrong. We're the host community
and we found out basically about an hour before the meeting started. We got an email
from Barbara stating that this meeting was being held in a public building, at the
Agawam Public Library, a very important meeting that I feel all of us should have been a
part of but yet had no idea that it was going on and I feel that's wrong. I feel the Mayor
• should have notified us. He knew back I believe in February was when he was first
notified of them coming to our community and I know other communities and their
Councils were notified. Was it an oversight? I don't know. I didn't get that response
other than we just weren't asked and I just wanted to put that out there and just publicly
air my displeasure with the way that whole issue was handled and the way we just
weren't invited and I think it's wrong. Thank you.
President Johnson —Councilor Rheault?
Councilor Rheault—Nothing this evening.
President Johnson —Councilor Magovern?
Councilor Magovern — The only thing I want to mention is of course the extreme
tragedy yesterday with the marathon bombing. I think it's absolutely senseless and I
! think that it will be another one of those days that will live in our memories forever and
again condolences and prayers to the families of those injured and killed in that bombing.
That's all.
President Johnson—Councilor Mineo?
! Councilor Mince—Basically the same thing, my thoughts and prayers go out to the folks
that passed and folks that were injured. It is a senseless, very senseless, tragedy and I do
agree Dennis, I believe we should have been invited to that when the Governor was here.
Thank you.
! President Johnson —Councilor Rossi?
Councilor Rossi—Yes, thank you. Just briefly, I want to say that I'm happy to announce
that my granddaughter who was caught up in that tragedy yesterday, she was forced to
stay over in Boston because she couldn't get out, they took her vehicle and wouldn't
! allow here to get into her vehicle so she had to stay and I had several texts back and forth
and finally about 8:00 last night she finally got into a hotel room so I'm happy to say
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she's home safe and I wish the rest of those people that were involved in that Godspeed.
It was a terrible tragedy. Second of all, as many of you probably know, this is the second
• year that I'm sponsoring a team in the Relay for Life and my team is Team Rossi in case
you forgot. What I'm asking is and I hope and I would encourage everyone to go on to
the website Relay for Life and then you'll see, plug in a team, support a team, and just
type in Team Rossi. You can join for as little as $10 or make any kind of donation you
would like and I certainly would appreciate it on behalf of cancer research I would
greatly appreciate anything that anybody could do and I also extend that invitation to any
* people out there who may be in the sound of my voice to please do the same. It's for a
worthy cause and the fees not very high and then please come down and join us for the
Relay. It's on May 17th at the High School as it was last year and my team sets up a tent.
We get some soft drinks and stuff like that and we make a nice day of it so I would look
forward to meeting as many people as I can on May 17a'at the High School. Thank you.
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President Johnson —I just want to remind the Council that we have a workshop meeting
scheduled for next Wednesday at the Senior Center. I also want to share my outrage, as
Councilor Perry indicated, to a lack of an invitation to the Council to the Governor's
traveling cabinet meeting that was held in our public building. We found out about the
meeting through inadvertent conversation with the Chief Librarian who was surprised
that we weren't invited and then in my conversation with a couple of area communities,
they were all extended invitations as were their Councils extended invitations and they
were somewhat surprised that no one from our Council was there since it was in our own
public building and when we dared to ask the question of the Mayor's Office as to what
• happened, his response was to call our employee and essentially dress her down for what
he deemed to be a nasty email and the exact email was "is there any reason why we
weren't notified until today of this meeting???". So again, it's, I think what bothers me
more is the fact that there seems to be an unwillingness up there to, it could have just
been, we apologize, it was an oversight, we extend the invitation now, but instead how
• dare we ask why we weren't invited when all the area community leaders for all the
communities around Agawam were invited to come and again we weren't there. So with
that, the Chair will entertain a Motion to adjourn. All in favor say Ay? We are
adjourned.
• Adjournment at 7.25pm.
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