REGULAR MEETING OF THE AGAWAM CITY COUNCIL Minutes dated October 15, 2018 Meeting was called to order by Council President Johnson at 7:00pm in the Auditorium at the Roberta G. Doering School, 68 Main Street, Agawam. Item A. Roll Call ROLL CALL 10 PRESENT, 0 ABSENT Roll Call was taken with the following councilors present: George Bitzas, Council Vice President Cecilia Calabrese, Paul Cavallo, Council President Christopher Johnson, Gina Letellier, Robert Magovern, Dino Mercadante, Robert Rossi, Rosemary Sandlin and Anthony Suffriti. Joseph Mineo arrived at 7:10pm. With eleven present, there was a quorum. Item B. Moment of Silence and the Pledge of Allegiance. Council President Johnson asked for a moment of silence and the Pledge of Allegiance. Item C. Citizen s Speak Time Forest Bradford spoke about global warming. He stated we are on the rail road tracks with an ominous train coming down and must act quickly to make sure future generations live. He said we need to change the court of public opinion by education. Item D. Minutes 1. Regular Council Meeting October 1, 2018 Motion to approve the minutes made by Councilor Cavallo and seconded by Councilor Rossi. Voice vote approved. Item E. Declaration from Council President None. Item F. Presentation of Resolutions 1. TR-2018-53 - A Resolution adopting the order that Abbey Lane be laid out and accepted as a Public 2. TR-2018-54 - A Resolution adopting the order that Alice Lane be laid out and accepted as a Public 3. TR-2018-55 - A Resolution adopting the order that Avalon Place be laid out and accepted as a Public 1
4. TR-2018-56 - A Resolution adopting the order that Barden Street be laid out and accepted as a Public 5. TR-2018-57 - A Resolution adopting the order that Blair s Hill Road be laid out and accepted as a Public 6. TR-2018-58 - A Resolution adopting the order that Burlington Drive be laid out and accepted as a Public 7. TR-2018-59 - A Resolution adopting the order that Connor s Cove be laid out and accepted as a Public 8 TR-2018-60 - A Resolution adopting the order that Coventry Lane be laid out and accepted as a Public Moti The item will remain on the table until the Administrative Committee holds the Public Hearing and reports its findings 9. TR-2018-61 - A Resolution adopting the order that Coyote Circle be laid out and accepted as a Public 10. TR-2018-62 - A Resolution adopting the order that Elizabeth Street be laid out and accepted as a Public 11. TR-2018-63 - A Resolution adopting the order that Farmington Circle be laid out and accepted as a Public 12. TR-2018-64 - A Resolution adopting the order that Forest Ridge Lane be laid out and accepted as a Public 2
13. TR-2018-65 - A Resolution adopting the order that Hemlock Ridge be laid out and accepted as a Public 14. TR-2018-66 - A Resolution adopting the order that Jasmine Lane be laid out and accepted as a Public 15. TR-2018-67 - A Resolution adopting the order that Lakeview Circle be laid out and accepted as a Public 16. TR-2018-68 - A Resolution adopting the order that Lango Lane be laid out and accepted as a Public 17. TR-2018-69 - A Resolution adopting the order that Logan Place be laid out and accepted as a Public 18. TR-2018-70 - A Resolution adopting the order that Maple Meadows Lane be laid out and accepted as a Public 19. TR-2018-71 - A Resolution adopting the order that Mark Drive be laid out and accepted as a Public 20. TR-2018-72 - A Resolution adopting the order that Michele Lane be laid out and accepted as a Public 21. TR-2018-73 - A Resolution adopting the order that Plumtree Way be laid out and accepted as a Public 3
22. TR-2018-74 - A Resolution adopting the order that Spruce Circle be laid out and accepted as a Public 23. TR-2018-75 - A Resolution adopting the order that Stevenson Lane be laid out and accepted as a Public 24. TR-2018-76 - A Resolution adopting the order that Washington Avenue be laid out and accepted as a Public 25. TR-2018-77 - A Resolution adopting the order that West View Lane be laid out and accepted as a Public 26. TR-2018-78 - A Resolution adopting the order that Windermere Drive be laid out and accepted as a Public 27. TR-2018-79 - A Resolution adopting the order that Wisteria Lane be laid out and accepted as a Public 28. TR-2018-80 - A Resolution adopting the order that Woodside Drive be laid out and accepted as a Public 29. TR-2018-81 - A Resolution adopting the order that Zack s Way be laid out and accepted as a Public 30. TR-2018-86 - A Resolution accepting a grant ($11,700.00) from the Commonwealth of Massachusetts Department of Environmental Protection Pursuant to Massachusetts General Laws, Chapter 44, 53A (Mayor Sapelli) (Referred to Finance Committee) 4
Motion to approve made by Councilor Rossi and seconded by Councilor Letellier. As Chair of the Finance Committee, Councilor Letellier provided the report stating that this was for recycling education and costs the town nothing. Motion to send a positive recommendation to the Full Council was moved by Councilor Mercadante and seconded by Councilor Cavallo. The vote was 4 Yes, 0 No, 1 Absent (Councilor Mineo). There was no further 31. TR-2018-87 - A Resolution to appropriate and authorize borrowing in the amount of Seventy-Four Thousand and Five Hundred Dollars ($74,500.00) to pay costs of the Feeding Hills Center (Rt. 187) water service improvements (Mayor Sapelli) (Referred to Finance Committee) Motion to approve made by Councilor Rossi and seconded by Councilors Letellier and Cavallo. As Chair of the Finance Committee, Councilor Letellier provided the report stating that this was because of redundancy while the work was being done. Motion to send a positive recommendation to the Full Council was moved by Councilor Mercadante and seconded by Councilor Calabrese. The vote was 4 Yes, 0 No, 1 Absent (Councilor Mineo). There was no further 32. TR-2018-88 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the rehabilitation and restoration of the Minerva Davis Library (CPA) (Referred to Community Relations Committee) Motion to approve made by Councilor Cavallo and seconded by Councilor Mercadante. As Chair of the Community Relations Committee, Councilor Suffriti provided a report stating that Henry Kozloski spoke about the state of disrepair of the library - the steps of the Library are in disarray; the roof is ready to leak and is in great need of repair. There was a question of where Head Start money (from rent) goes which was not answered but will be looked into. This project meets the CPA requirements for funding. Motion to send a positive recommendation to the Full Council was moved by Councilor Magovern and seconded by Councilor Mercadante. The vote was 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) 33. TR-2018-89 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the update and completion of the Open Space and Recreation Plan (CPA) (Referred to Community Relations Committee) Motion to approve made by Councilor Magovern and seconded by Councilor Cavallo. As Chair of the Community Relations Committee, Councilor Suffriti provided a report stating that a five year plan is required to get grants. CPA has received $400,000 - $500,000 in the past. The current plan is set to expire in October of 2019. Motion to send a negative recommendation to the Full Council was moved by Councilor Mercadante and seconded by Councilor Magovern. The vote was 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas) 34. TR-2018-90 - A Resolution appropriating from the Community Preservation Fund and authorizing the expenditure of Community Preservation Funds for the rehabilitation and preservation of town owned land for the purpose of passive recreation (CPA) (Referred to Community Relations Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. As Chair of the Community Relations Committee, Councilor Suffriti provided a report stating that the beautification funds for around the town. Motion to send a positive recommendation to the Full Council was moved by Councilor Mercadante and seconded by Councilor Letellier. The vote was 4 YES, 0 NO, 1 ABSENT (Councilor Bitzas). 5
Item G. Report of Council Committees None. Item H. Elections None. Item I. Public Hearings 1. TOR-2018-13 (PH-2018-7) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance to include a table of uses and dimensions (Mayor Sapelli) (Two Readings Required) (Referred to Legislative Committee) Suggest a Public Hearing Date of Nov 7, 2018 This and the next several public hearings will remain tabled until our November 7 th meeting which will be held at the Agawam Junior High School. 2. TOR-2018-14 (PH-2018-8) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance to delete building material terms (Mayor Sapelli) (Two Readings Required) (Referred to Legislative Committee) - Suggest a Public Hearing Date of Nov 7, 2018 See above. 3. TOR-2018-15 (PH-2018-9) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance to delete special use permit exceptions (Mayor Sapelli) (Two Readings Required) (Referred to Legislative Committee) - Suggest a Public Hearing Date of Nov 7, 2018 See above. 4. TOR-2018-16 (PH-2018-10) - An Ordinance to amend the Code of the Town of Agawam Zoning Ordinance regarding mobile homes (Mayor Sapelli) (Two Readings Required) (Referred to Legislative Committee) - Suggest a Public Hearing Date of Nov 7, 2018 See above. 5. ZC-2018-3 (PH-2018-11) - Petition for Zone Change by owners Blue Sky Builders, LLC d/b/a Burns Builders and Gustin Caruso, Sarah Whitman and Cynthia Rimek for property located at 0 Silver Street and 0 Doane Avenue from Industrial B and Residence A-1 to Residence A-1 (Referred to Legislative Committee) Public Hearing set for Nov. 7, 2018 See above. Item J. Old Business 1. TO-2018-35 - An Order granting or renewing a Class 2 Dealer s LICENSE to KLC Auto Sales, Inc., 1514 Main Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further 6
2. TO-2018-36 - An Order granting or renewing a Class 2 Dealer s LICENSE to Euro Imports, 325 Main Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Magovern. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further 3. TO-2018-37 - An Order granting or renewing a Class 2 Dealer s LICENSE to ACE Auto Body, 1363 Main Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Suffriti. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further 4. TO-2018-38 - An Order granting or renewing a Class 2 Dealer s LICENSE to Malkoon Motor Sales, Inc., 825 Springfield Street, Feeding Hills, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Sandlin and seconded by Councilor Suffriti. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further 5. TO-2018-39 - An Order granting or renewing a PERMIT for Weekly Amusement for 342, Inc. d/b/a Murphy s Pub, 664 Suffield Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Mercadante and seconded by Councilor Sandlin. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further 6. TO-2018-40 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for 342, Inc. d/b/a Murphy s Pub, 664 Suffield Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Sandlin and seconded by Councilor Rossi and Suffriti. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further 7
7. TO-2018-41 - An Order granting or renewing a Class 2 Dealer s LICENSE to Langonet, Inc., 61 Ramah Circle South, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further 8. TO-2018-42 - An Order granting or renewing a PERMIT for Weekly Amusement for Ferrentino s Pizzeria & Pub, 1676 Main Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further 9. TO-2018-43 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for Ferrentino s Pizzeria & Pub, 1676 Main Street, Agawam, MA. (Clerk) (Referred to Administrative Committee) Motion to approve made by Councilor Rossi and seconded by Councilor Suffriti. As Chair of the Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee provided a positive recommendation to the Full Council by a vote of 4 YES, 0 NO, 1 ABSENT (Councilor Mineo).. There was no further Item K. New Business 1. TO-2018-44 - An Order granting or renewing a PERMIT for Weekly Amusement for West Springfield Fish & Game, Inc., 329 Garden Street, Feeding Hills, MA (Clerk) Refer to Administrative Committee, next Agenda. 2. TO-2018-45 - An Order granting or renewing a LICENSE for Automatic Amusement Device(s) for West Springfield Fish & Game, Inc., 329 Garden Street, Feeding Hills, MA (Clerk) Refer to Administrative Committee, next Agenda. 3. TO-2018-46 - An Order granting or renewing a Class 2 Dealer s LICENSE to Chris Auto South, 207 Main Street, Agawam, MA. (Clerk) Refer to Administrative Committee, next Agenda. 4. TO-2018-47 - An Order granting or renewing a Class 2 Dealer s LICENSE to LaFleur Auto Exchange, 374 Main Street, Agawam, MA. (Clerk) Refer to Administrative Committee, next Agenda. 8
5. TO-2018-48 - An Order granting or renewing a Class 2 Dealer s LICENSE to Auto Point Motors, Inc., 1039 Springfield Street, Feeding Hills, MA. (Clerk) Refer to Administrative Committee, next Agenda. 6. TO-2018-49 - An Order granting or renewing a Class 2 Dealer s LICENSE to Frederick S. Fruwirth d/b/a Auto Kraft, 119 Walnut Street, Agawam, MA. (Clerk) Refer to Administrative Committee, next Agenda. 7. TO-2018-50 - Budgetary Transfer of $4,793.00 from Assessor Carry-Over Professional Services Fiscal Year 2019 (#11379-52190) to Assessor Professional Services (#11372-52190) (Mayor Sapelli) Next Agenda. 8. TR-2018-91 - Resolution adopting a Residential Factor of 0.00000 pursuant to Massachusetts General Laws, Chapter 40 56 (Mayor Sapelli) Suggest a Public Hearing date of November 19, 2018 Public Hearing on this will be on November 19 th at the Agawam Junior High School auditorium. Item L. Presentation of results of Tuckahoe Study Committee. Council President asked for a Motion to go into Commission as a Whole for this presentation which was moved and seconded. Went into Committee as a Whole at 7:30pm Mayor Sapelli introduced his Tuckahoe Study Committee which consisted of Marc Strange as Chair, Pam Kerr, Henry Kozloski, Mario Tedeschi and Scott Skolnick. Marc Strange gave a presentation of the possible uses for the location which consists of two parcels 266 acres and another 26 acres on Pine Street. Suggestions included passive recreation (including mountain biking and walking trails) focused around the beautiful pond; utilization of the pond and naming it as well; solar array and community gardens. Mayor stated the need for additional ball fields in the Feeding Hills area and the solar piece could help provide income to provide funds to build these fields. Solicitor Buoniconti stated this location has a long history and what could the town do to increase the usage of this property. The solar aspect would satisfy so many needs. The solar array would be a 5 MW array on approximately 25 acres of the parcel with the expected revenue of between $150,000 and $175,000 per year. This would most likely be for a 20 year lease which is common in the industry ($3.5million total for 20 years). There needs to be a Master Plan for Tuckahoe and we need to strike while the timing is right with the state to gain revenue. They are coming before the Council tonight to include them in the planning process and get the Council s idea for their preference on what would best fit with respect to the solar array. The northwest section of Tuckahoe was picked as the best spot for solar because it was the best spot to answer the following: (1) what fit best (2) what was consistent with the current state and future state (3) would fit if Phase 2 of Route 57 ever was completed (4) Solar would be north of that area and (5) keep access to this for future use. Solicitor Buoniconti noted that the central pond (old irrigation pond for Tuckahoe) really was the hidden gem of this entire parcel and they would like to keep it highlighted and utilized for passive recreation. There would be no development near the pond maintaining its pristine qualities. The process with the current solar ordinance is site plan approval by the Planning Board, Building Permit and the Special Permit from the City Council however the ordinance exempts town-owned land. The Mayor wants to maintain open communication throughout all processes and would like to follow the statute and exempt this parcel as the ordinance reads. He also mentioned there is a timing issue with a possible end of year window however that may be extended by the state. Mayor Sapelli thanked Marc Strange, Steve Buoniconti and the Committee for their diligence and their creative efforts. Council President Johnson noted that the Tuckahoe property is six times larger than School Street Park and more than twice the size of the Agawam Municipal Golf Course. Prior mayor used this area as a brush dump. Council President Johnson has been a bug in Mayor Sapelli s ear to do something with that area and utilizing solar gives us the greatest potential revenue source and will get a great park in Feeding Hills area which is desperately needed. He added that the pond is breathtaking and the solar is a positive means to an end. Councilor Mercadante asked how thickly settled that area is and would like the solar array to be well buffered so residents on the other side cannot see it noting we should set our own requirements to protect the residents. Council President Johnson noted that there is a buffer requirement built in to the ordinance. 9
Councilor Bitzas agreed that the property was a great place for these ideas although he is not completely in favor of the solar aspect. He asked if at the end of the 20 year lease could the panels be torn down and removed. Mayor Sapelli said that at the end of the term there is a tear down process which Council President Johnson again mentioned that is also was in the ordinance that the City Council approved. Councilor Bitzas agreed that passive and active recreation would be great in that area. Solicitor Buoniconti would be remiss if he didn t mention that it was Henry Kozloski s idea to place the solar array in that particular area and then there could be ball fields near the Pine Street parcel and that the town could come to CPA for funds for the Master Plan. Councilor Magovern thanked everyone for their hard work and presentation believing it will be a great asset to the town. What is the time frame for all of this he also asked? Mayor Sapelli stated that everything was contingent on the solar array while Solicitor Buoniconti stated it would take two months for the RFP process and interviews and once awarded there is up to a six month waiting period while Eversource inspects the area for compatibility. There could be upgrades required which of course would be borne by the solar developer. Councilor Mineo said it was a great idea all around and that spot is not intrusive to anyone and also expressed a need for a rec center for kids. Councilor Rossi was glad to see the positive response of the Council to all of this information. It is advantageous to putting solar on the parcel by providing a revenue source. We desperately need something in that area of town and a little historical note he learned to fly fish in that pond as a young boy. Councilor Cavallo agreed and asked if the public would have the opportunity to provide input in the way of a Public Hearing. Mayor Sapelli would certainly welcome public input and have already received many comments and concerns however it is in the infancy stages at this point. Right now we need to decide do we like this idea and do we like solar on the parcel. Councilor Cavallo also asked if the Council could get a tour of the location. Mayor strongly recommended that and would have Marc Strange coordinate with Barbara. Councilor Letellier stated she was super pleased and agreed with Councilor Mineo about the need for a youth recreational building as well as softball fields (since rumor has it Sacred Heart may be doing away with softball fields). She also inquired if any solar developers had already contacted the town. Mayor stated affirmatively and has also picked their brains to get information as to the timing and process of having solar. Mayor Sapelli thanked the City Council for working together. Councilor Sandlin was in favor and very interested in the community garden aspect of the project. Council President Johnson asked if anyone would have any objection to the town moving forward in this direction with an RFP process for solar and going through the site plan approval process as well as the Building Permit process along with Conservation but not coming before the City Council for a Special Permit because the statute notes that town-owned land is exempt Councilor Letellier was reluctant having the City Council to take a voice or straw vote. Council President Johnson was not asking for a vote just a feeling. Mayor has heard from at least nine of the councilors and their favorable opinions and he should have enough information and let the record speak for itself. I would also be hesitant to take a yay or nay vote. Councilor Rossi agreed with Councilor Letellier in that a straw vote would not be appropriate in this situation. Councilor Bitzas believed that there was enough positive words that would give a green light without taking a vote. Councilor Magovern expressed his pleasure with the whole idea but questioned if the ordinance as written means they would not have to come back before the City Council the Solicitor said yes. Mayor Sapelli reiterated that he wanted to be perfectly transparent and was reading the Council loud and clear. Councilor Mineo questioned it not coming back before the Council however Council President Johnson reminded everyone that this is what they voted in when they passed the solar ordinance and it says it did not have to come to the City Council for town-owned land. Motion to come out of Committee as a Whole moved and seconded. 10
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Item M. Any other matter that may legally come before the City Council. Councilor Mineo requested that the Mayor leave the maps so the Councilors could look at them once the meeting ends. Councilor Sandlin sent out a big thank you to all involved in the Harvest Festival. Councilor Letellier also said it was a great festival. She also reminded folks to get out and vote and that as Council President Johnson stated our next meeting will be at the Jr. High. Council Vice President Calabrese would love to go on a tour of Tuckahoe. Councilor Cavallo attended a reunion at the Golf Course Community Room and said it was wonderful and people in town should take advantage of that room. Councilor Rossi agreed that Tom DiRico was doing a great job. Councilor Bitzas wanted everyone to save the date for next year s Harvest Festival which will be the Saturday after Columbus Day. Asked what was happening with Valley Brook. Councilor Magovern also said the Harvest Festival was great. He was a little sad to be leaving such a beautiful school where he has such fond memories. Councilor Sandlin reminded everyone of early voting. Council President Johnson again reminded all about the move our next meeting will be held in the Auditorium at the Agawam Junior High School on WEDNESDAY, November 7 th noting that he was Mayor when the current auditorium at the Doering School was redone and will miss the historical beauty of this auditorium. Item N. Adjournment. The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 8:24pm. 12
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TO-2018-35 through and including TO-2018-43 approved licenses/permits 14