[HISTORY: Adopted by the Town Council of the Town of Agawam 4-21-2015 by TR-2015-16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution also superseded former
Ch. A184, Council Rules and Regulations, adopted 12-20-1999 by TR-99-28,
as amended.
Pursuant to Section 2-7(c) of the Charter in the Code of the Town of Agawam, the City Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new rules are adopted.
A.
All regular meetings of the City Council shall be held on the first
and third Mondays of the month except for the months of July and August
where it shall be held only on the first Monday of those months. If
the regularly scheduled City Council meeting falls on a holiday, the
Council shall meet on the following day. In October and November,
the City Council shall have its meeting the day immediately following
any local, state or federal election day.
B.
The regular City Council meetings shall commence at 7:00 p.m. and
not adjourn until such time as the business of the Town of Agawam
is completed.
C.
The regular City Council meetings shall be held in the Auditorium
of the Roberta G. Doering School located at 68 Main Street, Agawam,
Massachusetts, unless otherwise noted and properly posted.
D.
Except for executive sessions as permitted by state law, all regular
meetings of the City Council and its committees shall be open to the
public, subject to recording by various means by prior arrangement
with the Council President, provided that such arrangements do not
interfere with the orderly conduct of the meetings and are done under
such rules as the Council may prescribe.
A.
As stated in the Charter, the Council President, or the Mayor, or
any five members of the Council may call special meetings of the Council
whenever, in their opinion, the public business may require it.
B.
Whenever a special meeting shall be called, a notice in writing,
signed by the Council President or presiding officer, shall be posted
in the City Clerk's office and served upon each member of the
Council stating the date and hour of the meeting and the purpose for
which such meeting is called, and no business shall be transacted
at the meeting except such as is stated in the notice.
C.
No special meeting, except an emergency meeting as determined by
the Council President, shall be held until notice complying with the
Open Meeting Law[1] has been given by the Council Administrative Assistant
at least 48 hours after the call is issued.
[1]
Editor's Note: See MGL c. 30A, § 18 et seq.
D.
Executive sessions shall be held in accordance with the provisions
of the Open Meeting Law.
A.
After a new City Council has been sworn in, a new Council President
and Vice President shall be elected during the first meeting in January.
The President and Vice President shall serve a one-year term.
B.
The first meeting in January after a new Council has been sworn in
shall be known as the organizational meeting, where the only business
conducted shall be the election of President and Vice President. The
position of President and Vice President shall be listed individually
on the Council agenda and require a majority vote of the full Council
for election. On the off year, the first meeting in January shall
include regular Council business along with the elections for President,
Vice President, Auditor and Administrative Assistant, which shall
require a majority vote of the full Council for election.
C.
The Councilor with the most seniority on the City Council shall sit
to the left of the President. The senior Councilor shall also chair
the organizational meeting prior to the election of the President
and Vice President. After election of officers, the Vice President
shall sit to the right of the newly elected Council President and
the senior Councilor shall sit to his/her left.
D.
The seats of the City Council shall be numbered and determined by
lot at the organizational meeting and at the first meeting in January
thereafter. No member shall change his/her seat except by permission
of the President.
E.
The duties of the presiding officer where applicable shall be in
accordance with Robert's Rules of Order.
F.
During the absence or disability of the President, the Vice President
shall discharge the duties and exercise the powers and authority of
the President. In the absence of both the President and Vice President,
the senior Councilor shall preside. Said Council member shall discharge
the duties and exercise the powers and authority of the President.
G.
In the event the President or Vice President of the City Council
resigns or is called upon to act as Mayor in a permanent fashion,
the City Council will hold elections to determine a new President
and/or Vice President.
H.
The President shall preserve order and decorum at all regular and
special meetings of the City Council and confine members in debates
pertaining to the question under discussion.
I.
The President shall sign all ordinances, resolutions and measures
adopted by the Council during his/her presence. In the event of the
absence of the President, the presiding officer shall sign ordinances,
resolutions and measures as then adopted.
J.
When the President wishes to participate in a debate, he/she may
call upon the Vice President or, in his/her absence, the senior Councilor
to temporarily chair the meeting in order to take part in the debate.
After expressing his/her opinion on the issue, he/she may return to
the chair if not objected to by the majority of the Council present.
K.
All rules and regulations of the City Council shall be given to every
newly elected City Councilor within two weeks of the date of his/her
election.
L.
The President shall be classified as the department head of the Legislative
Branch and is responsible for any and all administrative decisions
and actions with respect to the City Council and its personnel. Those
administrative duties and responsibilities shall include the approval
of all payroll warrants, and the approval of accounts payable warrants
and requests for payment in amounts less than $200. Any accounts payable
warrant or request for payment in excess of $200 shall require approval
by vote of the Council.
A.
The presiding officer shall take the chair at the hour appointed
for the meeting and shall immediately call the Council to order.
B.
In the absence of the President and the Vice President, the senior
Councilor is to preside as temporary Chair; and upon the arrival of
the President or Vice President, the temporary Chair shall immediately
relinquish the position of the presiding officer upon the conclusion
of the business item immediately before the Council.
The City Council rules and regulations shall govern the proceedings
of the Council in all cases, unless they are in conflict with the
Town Charter or Massachusetts General Laws, in which case the Charter
and/or Massachusetts General Law shall have precedence.
Prior to any regular or special City Council meeting, the Mayor
may conduct an agenda review meeting to review the Council agenda
with the Council President and/or Council Vice President. No more
than three other City Council members may also attend said agenda
review meeting, on an alternative rotating basis. Attendance at any
one agenda review meeting shall not exceed five City Council members,
including the Council President and Council Vice President.
A majority of the members of the City Council shall constitute
a quorum and be necessary for the transaction of business. If, at
the time any meeting is called to order, a quorum is not present and
if, after a recess of not more than 30 minutes, a quorum is still
not present, the President shall declare the meeting adjourned to
a later time and those in attendance shall be named.
After the organizational meeting and annually thereafter, all
subcommittees shall be appointed and announced by the President unless
otherwise provided for or specifically directed by the City Council.
Any member shall have the right to appear before any subcommittee
of the City Council and be heard. The Chairperson of any subcommittee
may cancel a scheduled meeting for cause; otherwise, the senior member
by length of service shall preside at the scheduled subcommittee meeting.
The Chairperson shall assign the task of secretary to a subcommittee
member to take minutes at any such subcommittee meeting.
A.
The members of the standing subcommittees listed below shall serve
annually, and each subcommittee shall be charged with the mission
statement enumerated below. The Council President or presiding officer
shall refer agenda items to the appropriate subcommittee for review.
(See Rule 22.) The subcommittee shall provide verbal reports to the
Council as a whole and keep written minutes of its meetings. These
minutes shall be submitted to the Council Administrative Assistant
in a timely manner. (See Rule 20B.)
B.
The Council President and Council Vice President shall be ex-officio
members of all standing subcommittees for purposes of establishing
a quorum at any subcommittee meeting.
C.
The Council shall have the following five-member standing subcommittees:
(1)
Finance Subcommittee: This subcommittee would be charged with
reviewing financial and budget requests submitted to the Council,
including funding requests pursuant to the Community Preservation
Act.[1] In addition, the subcommittee would be responsible for
submitting Council requests for inclusion in the Town's operating
and capital improvement budgets, and for review of the capital improvement
budget presented by the Mayor to the Council.
[1]
Editor's Note: See MGL c. 44B.
(2)
Legislative Subcommittee: This subcommittee would be charged
with reviewing and initiating ordinances and legislation to be considered
by the Council, including zoning ordinances.
(3)
Community Relations Subcommittee: This subcommittee would be
charged with handling internal relations between the Council and the
other Town departments, and external relations with the business community
and the citizenry as a whole.
(4)
Administrative Subcommittee: This subcommittee would be charged
with Council administrative duties such as review of license applications,
street acceptance and sewer expansion. In addition, the subcommittee
would be responsible for initiating and reviewing any reorganization
efforts.
A.
While the Council is in session, the members must preserve order
and decorum, and no member shall, neither by conversation nor otherwise,
delay or interrupt the proceedings or the peace of the Council or
disturb any member while speaking or refuse to obey the orders of
the Council or its presiding officer, except as otherwise herein provided.
B.
Any person making personal, impertinent, or slanderous remarks or
who shall become boisterous while addressing the Council shall be
asked to remove himself or herself from Council Chambers, forthwith,
by the presiding officer.
A.
At the will of the presiding officer, the Chief of Police, or such
member or members of the Police Department as he may designate, shall
be Sergeant-at-Arms of the City Council meetings. He/she or they shall
carry out all orders and instructions given by the presiding officer
for the purpose of maintaining order and decorum at the City Council
meeting.
B.
Upon instructions of the presiding officer, it shall be the duty
of the Sergeant-at-Arms to remove any person(s) who violates the order
and decorum of the meeting.
A.
The members' right to speak shall be in accordance with Roberts'
Rules of Order. Any Council member shall have the right to have the
reasons for his/her dissent from, or protest against, any action of
the Council entered into the minutes.
B.
In the event the President wishes to speak on the subject matter
of an issue or article of legislation before the full Council, the
President shall turn such Council meeting over to the Council Vice
President while the President is so addressing the Council. The President
shall resume the Chair after his/her presentation.
A.
The City Auditor and Council Administrative Assistant.
(1)
The salary and benefits for the City Auditor and Administrative
Assistant are set forth in the Code of the Town of Agawam.
(2)
The City Auditor and the Administrative Assistant to the City
Council shall have their performance evaluated annually by the City
Council.
(3)
The City Council shall elect the City Auditor and Administrative
Assistant to the City Council as set forth in Rule 4 above. This will
allow the Council to have one year's worth of experience to adequately
evaluate said employees' performance.
B.
The Zoning Board of Appeals and the Community Preservation Act Committee
are also elected by the City Council.
No new item may be included on a regular City Council agenda
unless said item is submitted to the Administrative Assistant to the
City Council in writing by Thursday, 12:00 noon, prior to the next
regularly scheduled meeting of the City Council. At the time of submission
of any item of business for the Council agenda, the person or persons
proposing the measure shall submit supporting information or documentation
sufficient to specify the nature of the business to be considered
by the City Council. Without such backup information, the item may
not be allowed on the City Council agenda. In the event a City Councilor
is unable to submit a proposed item personally, he or she can authorize
the Administrative Assistant to the City Council to submit the item
by telephone message or e-mail. The Administrative Assistant to the
City Council shall compile an agenda of all such proposed resolutions,
orders, ordinances and other new business along with the agenda of
the old business items remaining before the City Council and shall
see that a copy of the completed agenda is delivered to each member
of the City Council. The Administrative Assistant to the City Council
shall include the name of the member or members proposing an item
of agenda. Any orders, resolutions and ordinances shall reflect their
origin and may be sponsored by the Mayor or by any member of the City
Council.
All reports and other papers submitted to the City Council shall
be in writing, properly endorsed, and all the appropriate supplemental
information attached thereto. If such reports, documents or papers
submitted shall be solely for the City Council, they should be clearly
labeled "Council Only."
A.
At every regular City Council meeting, unless otherwise determined
by a majority of the members present, the order of business shall
be as follows:
|
Item 1
|
Roll call
| |
|
Item 2
|
Moment of silence and the Pledge of Allegiance
| |
|
Item 3
|
Citizen's speak time
| |
|
Item 4
|
Approval of minutes
| |
|
Item 5
|
Declaration from Council President
| |
|
Item 6
|
Presentation of petitions and memorials
| |
|
Item 7
|
Reports of Council committees
| |
|
Item 8
|
Elections
| |
|
Item 9
|
Public hearings
| |
|
Item 10
|
Old business
| |
|
Item 11
|
New business
| |
|
Item 12
|
Any other matter that may legally come before the City Council
|
B.
No person shall address a public meeting of the City Council without
permission of the presiding officer after having signed up for Citizen's
Speak Time prior to the meeting, and all persons shall, at the request
of the presiding officer, be silent. If, after warning from the presiding
officer, a person persists in disorderly or disruptive behavior, said
officer may order him/her to withdraw from the meeting and, if he/she
does not withdraw, may order a police officer or any other person
to remove him/her to some convenient place until the meeting is adjourned.
The order of voting shall be by roll call in alphabetical order.
The first to vote shall be determined by alphabetical order rotation
at the beginning of each regular or special meeting. This order shall
start from the beginning alphabetical order at the first meeting in
January. If a Councilor is not present during the City Council meeting
at which his/her position is the first to vote, then said Councilor
shall forgo his/her opportunity to vote in the first position. The
next meeting's voting order will begin with the next Councilor
following the alphabetical order.
The Agawam City Council shall provide a citizen's speak
time during each regular City Council meeting. Citizen's speak
time is subject to the following conditions:
A.
After being recognized by the Council President or presiding officer,
the person shall state his/her name, address and subject he/she wishes
to speak on for the record.
B.
Speak time shall be only at the regular meetings of the City Council.
C.
Each speaker shall have up to five minutes, if needed, to present
the subject of his or her concern, unless otherwise permitted by the
Council President and/or a majority of the Council members present.
D.
The time shall be kept by the Council Administrative Assistant.
E.
No speaker will be allowed to bequeath time to another or for another
speaker.
F.
Prior to the meeting, each speaker must show his or her desire to
speak by giving name, address and the subject to be presented on a
signup sheet which is provided for this and is placed upon the podium
where the person shall speak. At two minutes prior to the beginning
of the Council meeting, the Council Administrative Assistant shall
bring this list to the President or presiding officer. Once the meeting
has commenced, no person shall be able to speak during citizen's
speak time unless his/her name is on the signup sheet.
G.
There shall be no dialogue exchanged between the citizen and any
City Council member. This is for citizen input only.
H.
The City Council President or presiding officer of the meeting shall
maintain order and decorum.
I.
Any person making personal, impertinent, or slanderous remarks or
who shall become boisterous while addressing the Council shall be
asked to remove himself or herself from Council Chambers, forthwith,
by the presiding officer.
J.
If a speaker wishes to speak on an item of agenda where a public
hearing is scheduled during the Council meeting, his/her remarks shall
be made during the public hearing and not during citizen's speak
time.
A.
All regular City Council meetings are recorded by both video and
audio means, and the City Council Administrative Assistant shall prepare
written minutes that reflect the date, time and place of the meeting,
a list of the members present or absent, and the decisions made and
actions taken including a record of all votes. Said written minutes
shall also include a summary of the discussions on each subject and
include a list of the documents and other exhibits used at the meeting.
These minutes shall be distributed to the City Council to be approved
at the next regularly scheduled Council meeting. After approval, said
minutes shall be posted on the Town of Agawam website as well as posted
in the office of the City Clerk in compliance with Massachusetts General
Laws governing public meetings.
B.
Minutes of all special meetings and subcommittee meetings shall be
maintained in written form. The subcommittee Chairperson shall designate
a recording secretary from its committee members. The minutes shall
be submitted to the City Council Administrative Assistant in a timely
manner prior to the next regularly scheduled City Council meeting.
The minutes shall reflect:
C.
Minutes of all executive session meetings shall not be available
to the public until such time as the City Council determines that
it is no longer necessary to protect the public interest or the privacy
of the matter on which it met or such matter has been released by
the courts.
D.
Copies of all minutes shall be kept in the office of the City Council,
and any video/audio recordings shall also remain in the Council office
for public review. A copy of the video may be requested in writing,
and there may be a fee for costs associated with the copying of said
video assessed to the person(s) requesting it.
A.
Resolutions, petitions, etc., or subjects requiring action by the
Council under this agenda item may be introduced and sponsored by
a member of the Council or the Mayor.
B.
All resolutions shall be presented to the Council in typewritten
form.
C.
All resolutions shall first appear under new business and at the
next regularly scheduled meeting of the City Council shall be moved
to old business upon which a discussion will be had and action of
the City Council shall be taken.
A.
When an order, resolution or ordinance relates to a subject which
should properly be examined and reported upon by a standing subcommittee
of the City Council, such order, resolution or ordinance shall, upon
presentation, be referred by the Council President to such committee
and must be reported back by the committee. All petitions, memorials,
communications or any other matter before the City Council may be
referred as follows:
B.
Any matter may be referred to an ad hoc committee, advisory committee
or Board for advice sought by the City Council.
C.
Should a matter be referred to more than one subcommittee, it is
recommended that those committees have one or more joint meetings
of the Chairpersons or the full committee to assure the information
brought before the full Council is unified or any discrepancies between
subcommittees clearly noted, all following the guidelines of the Open
Meeting Laws.[1]
[1]
Editor's Note: See MGL c. 30A, § 18 et seq.
D.
After referral, it is the discretion of the subcommittee Chairperson
to determine if a meeting of the subcommittee is necessary. If a subcommittee
meeting is held, the subcommittee may take a vote for a recommendation
to the full Council on each item on the agenda.
E.
The Chairperson of the subcommittee is responsible for notifying
the City Council Administrative Assistant to schedule the subcommittee
meeting and specify any department heads and/or other persons of interest
to be invited to the meeting.
The City Council appoints vacancies on the Zoning Board of Appeals
as well as the Community Preservation Act Committee. When a vacancy
arises or a term expires, the Council Administrative Assistant is
responsible for contacting, in writing, the person(s) and getting
a letter of intent on whether he/she wishes to be reappointed to that
position. If a person wishes to resign from the position, notification
must be submitted in writing to the City Council office. Vacancies
shall be advertised in the local newspaper. An election shall take
place in a timely fashion with the item(s) being placed on the Council
agenda for a vote of the Council.
A.
A legal notice of public hearing must be advertised in a local newspaper no less than 14 days prior to the suggested date of the public hearing [as stated in Section 5-2(a) of the Town Charter]; and, if necessary, abutters shall also be notified with a legal notice of public hearing. Proponents and opponents shall be allowed time for the presentation of their respective cases to the City Council during all public hearings before the City Council.
B.
All public hearings will be subject to the following conditions:
(1)
Each speaker has up to 10 minutes, total, if needed, to present
the subject of his or her concern, both for and against the subject
matter on hand.
(2)
Time limits may be shortened and/or extended by a majority vote
of Council members present at the meeting.
(3)
Questions by members of the City Council shall be allowed after
the speaker has completed his/her presentation.
(4)
No speaker will be allowed to bequeath time to another or for
another speaker.
(5)
Any person shall have the right to be recorded for or against
the subject being heard.
(6)
After close of all hearings, no further evidence, oral or written,
may be presented.
(7)
The City Council President or presiding officer of a hearing
shall preserve order and decorum.
(8)
Any person shall be allowed to address the City Council only
once on any given subject or topic being heard unless the City Council
has a question of that person and he/she may be asked to return to
the podium.
C.
No person shall address a public meeting of the City Council without
permission of the presiding officer or having signed up for citizen's
speak time prior to the meeting, and all persons shall, at the request
of the presiding officer, be silent. If, after warning from the presiding
officer, a person persists in disorderly or disruptive behavior, said
officer may order him/her to withdraw from the meeting and, if he/she
does not withdraw, may order a police officer or any other person
to remove him/her to some convenient place until the meeting is adjourned.
Old business first appears as new business and then is moved
to old business. Any resolutions or petitions will appear under Item
6 of the Council agenda, "Presentation of Petitions and Memorials."
Any public hearing items will appear under Item 9, "public hearing,"
and any ordinances or Town orders (such as financial transfers) shall
appear under Item 10, "Old Business." All items can be acted on in
one meeting, except ordinances, which shall require two readings,
therefore requiring the item to appear at least twice under old business.
A.
New business is classified as any resolution, ordinance, petition,
public hearing notice, Town order, etc., which must be submitted to
the City Council office by 12:00 noon on the Thursday prior to the
next regularly scheduled City Council meeting. Any letters or written
explanation providing backup to the agenda item must be included.
These must also have an originally signed copy by the Mayor, Auditor
or City Solicitor, depending on the type of item.
B.
If the item appears as new business suggesting a public hearing date,
the presiding officer will declare the suggested date to ensure availability
of the Council.
A.
All ordinances shall require two separate readings by the Council
after first appearing under new business, and the second shall never
be had on the same day as the first.
B.
Ordinances shall require a minimum of eight votes of the City Council
for passage.
C.
All ordinances shall be referred to the City Council Ordinance Subcommittee,
and the Subcommittee shall report said ordinance to the City Council
at the subsequent meeting. The ordinance shall stand for final action
in accordance with the report of the Subcommittee.
D.
When passed by the City Council, an ordinance shall be signed by
the presiding officer and then submitted to the Mayor, after which
said ordinance shall be filed and preserved in the office of the City
Clerk.
The presiding officer may at any time, by a majority vote of
the Council, permit a member to move an agenda item out of regular
order.
The presiding officer shall go in whatever order he/she so chooses
and provides each Councilor the opportunity to speak upon any such
matter that was not included in the agenda. This item should pertain
only to matters concerning the City Council, such as setting meetings,
supplying information concerning the City Council and the like.
Please see the attached Schedule A (voting schedule).[1]
A.
The votes shall be taken upon the passage of all ordinances, resolutions,
appropriations, transfers and Town orders by roll call and entered
upon the official record of the Council.
B.
When the City Council is in doubt as to the number of votes required
to pass a measure or if the measure contains a tax or fee to be assessed
to the residents of the City of Agawam, the Council President, as
the Parliamentarian, has the right to determine the number of votes
required to pass the measure.
C.
All matters incurring debts shall comply with Massachusetts General
Law, Chapter 44, Section 2.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Any member of the City Council may request, in writing, written
legal opinions relating to Town business and involving matters within
the authority of the City Council and, for purposes of inquiry, request
an opinion or advice on Town legal matters from the City Solicitor.
A.
The entire Council shall review the proposed annual operating budget
and capital improvement budget for the Town.
B.
The Council President shall name the five members of the School Budget
Committee to assist the Council in reviewing the proposed School Department
budget.
|
Committee Name
|
Items Reviewed
| |
|---|---|---|
|
School Budget Committee (Five Council members)
|
School budget
|
C.
The School Budget Subcommittee shall issue a report to the full Council
within 30 days of the completion of the School Committee budget hearing,
and copies of the proposed school budget will be submitted to all
Council members. After submission of the annual operating budget by
the Mayor to the Council, a workshop shall be conducted in order to
review the proposed school budget with the School Department staff
in attendance.
D.
In the event that the Commonwealth of Massachusetts delays the issuance
of Cherry Sheets and this delay prohibits the Mayor from presenting
the operating budget to the Council with enough time to follow the
above-described budget review process before the Council's approval
deadline (in accordance with Massachusetts General Laws), this rule
shall become subject to the discretion of the Council President, who
then shall, as he/she sees fit, schedule a workshop with the Mayor
to review the operating budget in as many meetings as it takes for
the Council to fully gather the information it deems necessary to
grant final approval of the operating budget.
A.
The City Council shall, with an affirmative majority vote of the
full Council, conduct an inquiry, hearing or investigation of any
department, department head, and/or employees and City officials.
B.
The procedure to be taken by the City Council shall be as follows:
(1)
The City Solicitor and Associate Solicitor shall be excluded
as legal counsel from all hearings and executive sessions held by
the City Council for purposes of investigation of any City official
or department.
(2)
If requested by the City Council, any attorney whose services
shall be employed for purposes of inquiry or investigation shall be
subject to approval by the majority of the full Council.
(3)
Funds shall be used from the account entitled "City Council
Professional Consultant Services" to pay for services rendered by
the attorney employed by the City Council for said inquiry or investigation.
(4)
All subpoenas and letter of notices to witnesses and/or subjects
of discussion shall be included in the duties of the legal counsel
employed by the City Council. It is understood that the witnesses
may waive the subpoena and voluntarily come forward.
(5)
All written notices requiring 48 hours' notice prior to
any hearings shall be hand-delivered to persons by the Police Department,
as authorized by the Administrative Assistant to the City Council.
(6)
The City Council may, by an affirmative vote of the majority
of the full Council, establish a three-person committee appointed
by the Council President to hear testimony, collect evidence and present
facts to the full Council in executive session.
(7)
The meetings of the City Council and/or subcommittee, unless
otherwise requested by the individual or department involved, may
be held in executive session. They shall also be conducted in accordance
with the Open Meeting Law, Massachusetts General Laws Chapter 30A,
§ 11A1/2.
(8)
The proceedings of the meetings shall be recorded and transcribed
verbatim and provided to the full Council along with a copy of the
subcommittee findings.
(9)
The subcommittee will report its findings and recommendations
to the full Council.
(10)
The full Council will make the final determination and shall
take any action it deems necessary.
A.
Any provision of these rules not governed by the Town Charter may
be temporarily suspended by a vote of a majority of the City Council.
The vote on any such suspension shall be taken by roll call and entered
upon the record.
B.
These rules may be amended, or new rules adopted, by a majority vote
of all members of the City Council, provided that the proposed amendments
or new rules shall have been introduced into the record as required
herein.
[Added 4-2-2018 by TR-2018-16]
A.
Pursuant to § 180-154 of the Code of the Town of Agawam and MGL c. 40A, the City Council shall hear and decide applications for special permits for solar energy systems. All applications shall be on the form approved by the City Council, a copy of which is attached hereto and incorporated herein by reference.[1] Any application that the City Council deems to be not
complete and accurate shall not start the administrative clock under
MGL c. 40A, § 9, as the document filed shall not be considered
an application. The City Council may deny any incomplete and inaccurate
application and shall notify the applicant of such denial. All applications
for a special permit from the City Council must receive site plan
review from the Planning Board prior to submitting the special permit
application with the City Council.
[1]
Editor's Note: Said form is included as an attachment to this chapter.
B.
All applicants must submit three sets of plans and other supporting
materials to the City Council along with their application. All plans
and other supporting materials shall also be submitted to the City
Council in digital PDF format. All plans shall be drawn to scale,
shall show the north arrow as well as the dimensions of the lot to
be built upon, the exact size and location of all buildings, accessory
buildings and solar energy systems on the lot or to be erected on
the lot, the distance of same to the nearest existing building located
on abutting properties, and such other information and plans as may
be necessary to determine the merits of the application. The City
Council reserves the right to change the requirements for plans submitted.
A copy of the deed showing ownership of the property must be submitted
with the application. An application fee, as set forth in the Code
of the Town of Agawam, shall be submitted with each application. In
addition to the application fee, each applicant shall be responsible
for payment of all costs of notice publication.
C.
The City Council shall send notices by registered or certified mail,
postage prepaid, to all "parties in interest" as defined in MGL c.
40A, § 9. "Parties in interest" shall include the petitioner,
abutters, owners of land directly opposite on any public or private
street or way, abutters to abutters within 300 feet of the property
line of the petitioner, the Planning Board and the Planning Board
of every abutting city or town. In addition, the following boards
and departments shall be notified: Inspection Services, Assessor,
Department of Public Works, Engineering Department, Conservation Commission,
Fire Department, Police Department, and Board of Health. The City
Council shall be responsible for determining the parties in interest
who are required to receive notice. The Assessor's Office, which
maintains the applicable tax records, shall certify to the City Council
the names and addresses of the abutters and abutters to abutters within
300 feet of the property line of the petitioner, and such certification
shall be conclusive for all purposes. The City Council may accept
a waiver of notice from any party in interest or any successor owner
of record who may not have received a notice by mail.
D.
The City Council shall cause the notice of the time and place of
the public hearing to be published in accordance with MGL c. 40A,
once in each of two successive weeks, the first publication to be
not less than 14 days before the day of the public hearing. The City
Council shall also post such notice in a conspicuous place in the
City Hall for a period of not less than 14 days before the public
hearing.
E.
The City Council shall set the time and date its public hearing within
65 days from the date of the filing of the application with the City
Council and the City Clerk. A decision shall be made within 90 days
from the date of the close of the public hearing.
F.
The public hearing shall be held at the call of the President of
the City Council, who shall convey the rules of procedure for the
public hearing and then read or direct the reading of the public hearing
notice before the public hearing. After the President opens the public
hearing, the order of business shall generally proceed as follows:
(1)
The applicant and/or their representative shall be given a reasonable
time period to present the merit of the application.
(2)
The City Council may question the applicant and/or their representative
on matters concerning the application.
(3)
The City Council shall hear next from people in favor of the
request of the applicant.
(4)
The City Council shall allow people to be recorded in name only
in favor of the request of the applicant.
(5)
The City Council shall hear next from people in opposition to
the request of the applicant.
(6)
The City Council shall allow people to be recorded in name only
in opposition to the request of the applicant.
(7)
The City Council shall give the applicant a reasonable opportunity
to answer any questions raised regarding the merit of the application.
(8)
The President will close the public hearing and announce the
right of appeal pursuant to MGL c. 40A, § 17, within 20
days after the decision of the City Council has been filed with the
City Clerk.
G.
The City Council may impose conditions, safeguards and limitations,
both of time and use in the issuance of a special permit. The approval
of a special permit shall require a 2/3 vote by the City Council.
H.
The City Council shall cause to be made a detailed record of its
proceedings, showing the motions properly before the City Council
and the vote of each member on each motion, and setting forth clearly
the reason or reasons for its decision. A draft of the decision by
the City Council shall be written by the President or, in his/her
absence, by the Vice President, except when the President shall designate
another member of the City Council to write the draft of the decision.
I.
An applicant may withdraw their application from further consideration
by the City Council at any time after the filing of the application
and prior to the publication of the notice of a public hearing. Applications
withdrawn in this time period will be withdrawn without prejudice
or time penalty. Any application withdrawn after the publication of
the public hearing notice may be granted without prejudice only with
the approval of 2/3 vote of the City Council.
J.
If this rule is inconsistent with the zoning provisions of the Code
of the Town of Agawam or MGL c. 40A, the zoning provisions of the
Code of the Town of Agawam and/or MGL c. 40A shall take precedence.
