Town of Agawam, MA
Hampden County
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Table of Contents
Table of Contents
[Adopted 12-21-1972 as §§ 2-9, 2-10, 2-11 and 2-16 of the Code of the Town of Agawam]
A. 
Pursuant to the provisions of MGL c. 40, § 8B, there is hereby established a Council on Aging consisting of 13 members appointed by the Mayor, all of whom shall be residents of the Town of Agawam. They shall be appointed annually in the month of April: four members to be appointed for three years, four members to be appointed for two years and five members to be appointed for one year. Thereafter, all appointments shall be for a term of three years. The Council on Aging shall annually elect its Chairman and such other officers as it deems appropriate.
[Amended 1-3-1995 by TOR-94-11]
B. 
The duties of the Council shall be to:
(1) 
Identify the total needs of the community's elderly population.
(2) 
Educate the community and enlist support and participation of all citizens concerning those needs.
(3) 
Design, promote or implement services to fill those needs.
(4) 
Coordinate present existing services in the community.
(5) 
Promote and support any other programs which are designed to assist elderly programs in the community.
C. 
The Council on Aging shall cooperate with the Commonwealth of Massachusetts Commission on Aging and shall be cognizant of all state and federal legislation concerning funding, information, exchange and program planning which exists for better community programming for the elderly.
D. 
The Council on Aging shall give an annual report to the Mayor with a copy of that report directed to the Commonwealth of Massachusetts Commission on Aging.
A. 
There is hereby established a Development and Industrial Commission to be appointed by the Mayor consisting of seven members, two members to be appointed for a term of five years; two members to be appointed for a term of four years; one member to be appointed for a term of three years; one member to be appointed for a term of two years; one member to be appointed for a term of one year; and their successors shall be appointed for terms of five years each.
B. 
The Development and Industrial Commission shall have the authority and duties set forth in MGL c. 40, § 8A.
There shall be an Industrial Development Financing Authority for the Town of Agawam in accordance with Chapter 772 of the Acts of 1967, amending MGL c. 40D.
A. 
There is hereby established a Consumer Advisory Commission. The Commission shall consist of five members, one member to be the inspector of weights and measures, and four members to be appointed by the Mayor.
B. 
The Commission shall conduct investigations and perform research into matters affecting consumer interest and education, advise and report to the general public as well as to the local government authorities and law enforcement agencies.
C. 
The Commission shall make an annual report to the appointing authority and the Massachusetts Consumers' Council consistent with MGL c. 40, § 8F.
[Added 12-19-1988 by TOR-88-23]
A. 
There is hereby established a Land Needs Liaison committee. The Committee shall consist of seven members to be appointed by the Mayor and confirmed by a majority of the Town Council, three members to be initially appointed for a term of one year, two members to be initially appointed for a term of two years and two members to be initially appointed for a term of three years. After the initial appointments, the term of all members shall be for two years. The Committee shall annually elect its Chairperson and such other officers as it deems appropriate. Present service or membership on any other Town board, commission, council or committee shall not disqualify a prospective member from service on the Land Needs Liaison Committee.
B. 
Each member shall be responsible for keeping the Committee abreast of the land needs of the following Town departments, boards and commissions:
(1) 
Housing Authority.
(2) 
Council on Aging.
(3) 
Parks and Recreation Department.
(4) 
Conservation Commission, Planning Board and Agawam Economic Development and Industrial Commission.
(5) 
School Committee.
(6) 
Town of Agawam departmental facilities.
(7) 
Miscellaneous land needs.
C. 
The Committee shall research and investigate the possible acquisition of suitable parcels located within the Town to meet the existing needs of the Town. This Committee shall identify the best uses for parcels available for purchases, and they shall keep an updated report of the land needs of the Town and shall make said reports and recommendations to the Mayor.
[Added 2-7-1994 by TOR-93-6]
A. 
Establishment. There is hereby established in the Town of Agawam a Municipal Golf Commission to advise and assist in the maintenance, promotion, development and administration of the Agawam Municipal Golf Course.
[Amended 12-20-1999 by TOR-99-7]
B. 
Composition and term.
(1) 
The Municipal Golf Commission shall consist of five Agawam voters who shall be appointed by the Mayor and confirmed by the Town Council. The members of the Municipal Golf Commission shall receive no compensation for their service on the Commission. Any member of the Commission may, after a public hearing if requested, be removed for cause by the Mayor.
(2) 
At the time of the creation of said commission, there shall be appointed two members for one year, two members for two years and one member for three years. Thereafter all appointments shall be for a term of three years.
C. 
Duties and powers. The powers and duties of the Municipal Golf Commission shall be as follows:
(1) 
Assist and advise in the preparation and development of the annual operating budget for the golf course.
(2) 
Assist and advise in the preparation and development of the capital improvement plan for the golf course.
(3) 
Prepare and periodically update a schedule of fees and charges for all goods and services offered at the golf course.
(4) 
Assist and advise in the contracting for or letting of services, equipment and supplies for the golf course.
(5) 
Prepare and cause to be published such rules and regulations as it deems necessary for the proper operation of the golf course, subject to the approval of the Mayor.
(6) 
Prepare an annual report of its activities for the Mayor with copy to the Town Council.
(7) 
Solicit and receive gifts of funds, services, supplies, equipment, lands, buildings and other properties in the name of the Town of Agawam. All gifts of real property are subject to the approval of the Mayor and the Town Council.
D. 
Liquor license. The Town of Agawam shall hold in its name the all-alcoholic liquor license for the Agawam Municipal Golf Course. Notwithstanding the provisions of § 72-2 of the Code of the Town of Agawam, the sale, possession and consumption of alcoholic beverages at the Agawam Country Club shall be permitted.
[Amended 12-20-1999 by TOR-99-7]
E. 
Enterprise fund. Pursuant to MGL c. 44, § 53F1/2, there is hereby established established a separate account classified as an enterprise fund for the operation of the golf course. The passage of this section by the Town Council shall act as its acceptance of the provisions of MGL c. 44, § 53F1/2.
[Added 3-20-2000 by TOR-2000-3]
The Agawam Town Council does hereby establish a commission, to be known as the Agawam Sister City Commission (hereinafter called the "Commission"), for the purpose of fostering the Town of Agawam's relationship with the City of Reggio Calabria, which will oversee, maintain, and strengthen economic, educational, cultural, and social ties between the citizens of our two cities.
A. 
The Commission shall consist of 30 members appointed by the Mayor pursuant to the provisions of the Town Charter. Commission members shall serve unlimited terms of three years per term. Members of the original 1997 "ad hoc" commission[1] who desire to continue serving shall automatically be reappointed to the permanent Commission upon enactment of this section.
[1]
Editor's Note: The introductory provisions of this ordinance described a previous ad hoc Sister City Commission organized for the purpose of researching and establishing a "sister city" relationship with a city in the Republic of Italy.
B. 
The Chairman of the Commission shall be appointed by the Mayor. The Vice Chairperson and the Secretary shall be elected by a majority vote of the Commission members.
C. 
All Commission members shall be residents of the Town of Agawam.
D. 
Members of the Commission shall serve without compensation.
E. 
Commission reports shall be filed in the office of the Mayor. Official documents and records, both from the Town of Agawam and from the City of Reggio Calabria, shall be filed in the office of the Town Clerk.
[Added 1-6-2003 by TOR-2002-9]
A. 
Establishment and membership.
(1) 
There is hereby established a Community Preservation Act Committee consisting of nine voting members pursuant to Massachusetts General Laws Chapter 44B. The composition of the Committee, the appointment authority, and the term of office for the Committee members shall be as follows:
(a) 
One member of the Agawam Conservation Commission as designated by the Commission for a term of three years.
(b) 
One member of the Agawam Historical Commission as designated by the Commission for a term of three years.
(c) 
One member of the Agawam Planning Board as designated by the Board for a term of three years.
(d) 
One member of the Agawam Parks and Recreation Department as designated by the Mayor for an initial term of one year and thereafter for a term of three years.
(e) 
One member of the Agawam Housing Authority as designated by the Agawam Housing Authority for an initial term of two years and thereafter for a term of three years.
(f) 
One member of the Agawam Open Space Committee as designated by the Open Space Committee for an initial term of one year and thereafter for a term of three years.
(g) 
Three members to be appointed by the Agawam Town Council, one member to be appointed for a term of one year and thereafter for a term of three years, and two members to be appointed for a term of two years and thereafter for a term of three years.
(2) 
Should any of the commissions, boards, councils or committees who have appointment authority under this section be no longer in existence for whatever reason, the appointment authority for that commission, board, council, or committee shall become the responsibility of the Agawam Town Council.
B. 
Duties.
(1) 
The Community Preservation Act Committee (hereinafter "CPAC") shall study the needs, possibilities and resources of the Town regarding community preservation. The CPAC shall consult with existing municipal boards, including the Conservation Commission, the Historical Commission, the Planning Board, the Parks and Recreation Department and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the CPAC shall hold one or more public informational hearings on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.
(2) 
The CPAC shall make recommendations to the Town Council for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use, and housing that is acquired or created as provided in this section. With respect to community housing, the CPAC shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
(3) 
The CPAC may include in its recommendation to the Town Council a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.
C. 
Requirement for a quorum and cost estimates. The CPAC shall not meet or conduct business without the presence of a quorum. A majority of the members of the CPAC shall constitute a quorum. The CPAC shall approve its actions by majority vote. Recommendations to the Town Council shall include their anticipated costs.
D. 
Amendments. This section may be amended from time to time by a majority vote of the Town Council, provided that the amendments would not cause a conflict with Massachusetts General Laws Chapter 44B.
E. 
When effective; initial appointments. This section shall take effect immediately upon approval and passage by the Town Council. Each appointing authority shall have 10 days after approval by the Town Council to make their initial appointments. Should any appointing authority fail to make their appointment within that allotted time, the Town Council shall make the appointment.
[Added 5-4-2009 by TOR-2009-2]
A. 
The City Council votes as follows: to establish an Agricultural Commission to represent the Agawam agricultural community, including all types of farming, forestry, greenhouse, and wood products, businesses and accessory uses and activities customarily associated with those endeavors.
B. 
The purpose of the Agricultural Commission will be to support commercial agriculture and other farming and forestry activities in the Town of Agawam. The Commission's duties shall include, but not be limited to, the following: serving as facilitators for encouraging the pursuits of agriculture and forestry in Agawam; promoting agricultural and forestry-based economic opportunities and business diversification in the Town; acting as mediators between parties involved in issues between operators of working lands and other residents; educating the public and owners and users of working lands; working for the preservation of agricultural and forest resource lands; advising the Mayor, City Council, Planning Board, Zoning Board of Appeals, Conservation Commission, Board of Health, Historical Commission, Board of Assessors, and any other appropriate Town boards and appointed committees on issues involving agriculture and forestry; and pursuing initiatives appropriate to creating a sustainable agricultural community.
C. 
The Commission shall consist of five members appointed by the Mayor, of which at least four of the membership shall be substantially engaged in the pursuit of agriculture or forestry. All members of the Commission must either be residents of the Town or owners and farmers of agricultural property within the Town.
D. 
The terms will be as follows: two members for a term of three years; two members for a term of two years and three thereafter; and one member for a term of one year and three years thereafter.
E. 
There may be up to three alternates appointed to the Commission by the Mayor. Alternates may fill any vacancies at meetings of the Commission.
F. 
The Mayor shall fill a vacancy based on the unexpired term of the vacancy in order to maintain the cycles of appointments, based upon the recommendations of the Commission.
[Added 9-8-2009 by TOR-2009-4]
A. 
Establishment and purpose. The Agawam Energy Commission is created to develop strategies to reduce energy costs of Town-owned facilities through energy conservation, efficiency, and to engage in long-term energy planning.
B. 
Membership. The Commission shall consist of 11 members. Commission members may include the Superintendent of Public Works or his or her designee, the Director of Planning and Community Development or his or her designee, the Inspector of Buildings or his or her designee, the Building Maintenance Director or his or her designee. Three members of the Town Council shall be designated by the Council President. Additionally, four citizen members shall be appointed by the Mayor and confirmed by the Town Council. Citizen members shall be selected to represent a diverse range of community interests and professional or technical expertise with energy issues. It is recommended that Commission members attend at least one educational seminar per year and report to the Commission with the results. The initial terms of the citizen members shall be for one, two or three years, with successors to be appointed for terms of three years. A vacancy occurring other than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
C. 
Duties and responsibilities. The Agawam Energy Commission shall have the following duties and responsibilities:
(1) 
Propose and develop strategies to reduce energy costs of Town-owned facilities and vehicles and street and traffic lighting through energy conservation, efficiency and renewable energy measures. Strategies may include electric conservation, vehicle fuel conservation, natural gas and oil conservation, and may identify innovative cost-saving measures.
(2) 
Advise, assist, and cooperate with state, regional, and federal agencies in developing appropriate programs and policies relating to energy planning and regulation in the commonwealth, including assistance and advice in preparation of loan or grant applications with respect to energy programs for local agencies.
(3) 
Develop local energy data and information management capabilities to aid energy planning and decisionmaking.
(4) 
Recommend Town-wide programs, including participation in federal or statewide energy initiatives, such as the Green Communities Program, to promote and facilitate smart energy strategies for Agawam's citizens on both public and private real property.
(5) 
Work with appropriate Town departments to track energy usage and costs associated with key assets and operations of the Town.
(6) 
Identify climate adaptation, mitigation issues and strategies to safeguard the long-term economic and cultural vitality of Agawam.
(7) 
Follow emerging federal and state mandates, as well as initiatives and funding opportunities for energy conservation, renewable energy or climate adaptation and mitigation strategies. Recommend strategies to comply with applicable mandatory or voluntary standards.
(8) 
Provide guidance, in the form of education or information, to the Mayor, Town Council, School Department, and key Town departments and personnel to support their decisionmaking on recommended strategies and clean energy opportunities.
(9) 
Serve as a communications and information resource on clean energy issues and Town initiatives for the public through:
(a) 
Meetings and sponsored events;
(b) 
Maintenance of an active website;
(c) 
Regular communications to interested parties; and
(d) 
Public/private partnerships.
(10) 
Keep accurate records of its meetings and actions and shall file an annual report with the Mayor and Town Council.
[Added 5-5-2014 by TOR-2014-2]
A. 
Establishment and purpose. The Agawam Housing Committee is established to consider housing needs in Agawam, with particular attention to housing opportunities that are affordable to households of all income levels and abilities. It will make recommendations to the Mayor and City Council on steps the Town can take to support the creation of new housing options to address those needs and to maintain existing affordable housing stock. The Committee will support implementation of its recommendations as appropriate and measure progress toward their fulfillment. The Committee's work will seek regional solutions and support regional goals for housing market stability, housing affordability and fair access to housing.
B. 
Membership. The Committee shall consist of seven members, four of which are appointed by the Mayor. The composition of the Committee, the appointment authority, and the term of office for the Committee members shall be as follows:
[Amended 5-16-2016 by TOR-2016-2]
(1) 
One member of the Agawam City Council as designated by the Council President for a term of two years;
(2) 
One member of the Planning Board as designated by the Planning Board for a term of three years;
(3) 
One member from the Agawam Housing Authority as designated by the Housing Authority for a term of three years;
(4) 
One member from the legal or financial industry as appointed by the Mayor for an initial term of one year and thereafter for a term of three years, subject to confirmation by the City Council;
(5) 
One member from the development or real estate industry as appointed by the Mayor for an initial term of one year and thereafter for a term of three years, subject to confirmation by the City Council;
(6) 
Two at-large members from the community as appointed by the Mayor for an initial term of two years and thereafter for a term of three years, subject to confirmation by the City Council.
C. 
A vacancy occurring other than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
D. 
Duties and responsibilities. The Agawam Housing Committee shall have the following duties and responsibilities:
(1) 
Completion of periodic local housing needs studies;
(2) 
Development and implementation of housing action plans;
(3) 
Review of and making recommendations on housing proposals that include the creation of housing opportunities that are affordable to households of all income levels and abilities that are seeking local support or permitting;
(4) 
Active participating in review of M.G.L. Chapter 40B comprehensive permit proposals;
(5) 
Review and making recommendations on local zoning and land use regulations to further promote housing that is affordable and/or accessible;
(6) 
Serve as a community resource on affordable and/or accessible housing issues;
(7) 
Increase public awareness through forums, workshops and other community events;
(8) 
Identify available local, state and federal resources to support their recommendations; and
(9) 
Identify suitable parcels for affordable and/or accessible housing development.