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CC MTG MINUTES JUNE 4 2007• REGULAR MEETING OF THE AGAWAM CITY COUNCIL June 4, 2007 • Item 1. Citizen's Speak Time President Rheault—We have several speakers wishing to address the council this evening on speak time. For those of you who may or may not have spoken before you have 5 minutes to speak from the time that you come to the microphone and state your name and address for the record please and the first speaker is David Giroux. There is a thank you, oop when the light goes on. David Giroux —Hi, I am David Giroux. I am speaking about Six Flags New England. I've got a fork lift come by my house for the past five years. I've lived over there ten years. I have pictures of why it comes by and everything and I have stuff on the transient parking and I want to bring up the neighborhood program. If you look at this • picture right in the corner, it says Christopher's Auto. Alright, there is 8 houses from there all the way up to their union resources o.k. and they are trying to charge people for passes. Well you put up with the noise, all the congestion, the traffic and everything else. Would you like to take a look at the pictures? Here is the fork lift driving by my house, this is daylight, it's not waking me up at 3 o'clock in the morning. • President Rheault—You can continue Mr. Mr. Giroux—It says Christopher's Auto and then if you look up the street there is 8 houses and that goes up by the union resources. Alright there ought to be a question within the town,city and Six Flags neighborhoods program, because the Six Flags neighborhood program is, they are saying supposedly now you have to pay for passes and all this stuff and its within so many miles. Well I live right across the street, I put up with the noise. If you look my house is right there, Christopher's Auto, my house is directly across the street from that exit gate. I put up with the noise all day long. There is one • person that is suing because the ride it too close to the road. And then we got to deal over the transient parking. You know you got to deal over the transient parking. I could see if you own a business, you know you are allowed to have your transient parking,but there is a guy with a residents up the road, he is walking,there is danger things coming,people with personal injury you know. I can see why he cannot have a parking permit but I can't • see why you know you got T.J.'s lounge and you got another place next door that should be allowed because its right next to the park and they have a business and there is so much business you lose, they are losing revenue every year. And then the signage, you got signage you're saying signage you can't have a sign up by the road, because all of a sudden Six Flags you know there is people that have you know lower businesses and they • can't have a sign up by the road. You know and this is really getting ridiculous. You know I've had this fork lift come by my house at 3 o'clock in the morning for over 10 years and I finally complain about it. You know they built a ramp and another thing I am •. 1 bringing up. If you don't do nothing about it I am putting a letter into the department of transportation, you cannot back up a tractor trailer up on the road. They back their tractor trailers up into their ...excuse me, their warehouse and they drive a tractor, you know the fork lift. They say well we got farm plates. Well you tell me where Six Flags owns a farm. Alright if they got farm plates, I want to see their farm plates. You know I want to see you know there is a law, you cannot back a tractor trailer up and it's a main highway its on 190. You cannot back it up. Well they are gonna have to make a rare plate turn their tractor trailers around and pull them into their warehouse,thank you. President Rheault—Thank you. The format,just for those who may not have spoken before is that council is here to listen for any complaints or compliments or what • have you and not to respond to get into an exchange of dialogue. So if we stand, sit here and don't say anything it's not because we sometimes don't want to, it's the procedure. There is a section on the agenda where we can address the issue after. I am sorry, I can't see the first name but the last name is Jodoin?Did I incorrectly pronounce it again, sorry. • Ms. Jodoin—Well I just hope that after a year of going all through all this and discussing this and all the violations that are involved. President Rheault— State your name and address for the record please. Lueen Jodoin, 1736 Main St. Agawam. • President Rheault-And it would help if you pull that microphone toward you so you can pick up your voice better, thank you. Lueen Jodoin—I would just hope that after a year of going through the same • motions over and over again that tonight that we could come to some resolutions for this, that's my hope for this meeting. It's been an ongoing process and I hope this is a means to the end. President Rheault—Thank you. Again I apologize if I miss this one, Sam Daroucian? Sam---Hi 2 weeks ago... President Rheault---Name and address please. Sam Darouian, 1672 Main St. We have a small business over there past 14, 15 years. We have sign over there cost us more than $2,000. 14 years that sign is over there, building inspector removed my sign because I get ...sign. How sign can still with this 14 years on the steel bar hooked in the ground, ... sign. My ... is I want building inspector • pick up his car go around the town, I am not exaggerate , I can show him more than 100 times your stand out is legal. For example go to the Polish Club they have similar sign I have it. Twin Silo they have similar sign I have it and my sign was on private property. • 2 • You can drive Main St. ... See the state property they have sign from 2 ft. to 5 ft., 6ft. all over the place. I run into somebody else because I got to move the sign my business dropped 40%. That is my only questions thanks. President Rheault—Thank you. Richard Pryer. Richard Pryce, 1710 Main St. Good evening. And I spoke to you two weeks ago in reference to the safety problems with transient parking in our area and I am going to add to that tonight by saying at least on one occasion this weekend I saw someone on Main St. directing traffic. Stopping traffic so people could walk across. Main St. is a state highway. By law the only people that can go out there and direct traffic are state police officers, Agawam police, Agawam auxiliaries and possibly the Hampden County Sheriff's department. I am certain Mr. Rossi can back up that statement. The second thing I like to say is that a couple of years ago, we were led to believe that Six Flags was going to relocate the warehouse that they have from the Westside of Main St. where it is presently to on the area on the Eastside down towards the river. Apparently they haven't done that or not going to do that but the traffic is being tied up as Dave said by tractor trailers backing into their warehouse. It's causing a problem on Main St. and I think Six Flags should begin to address that and at least let people know what their plans are in that particular instance, thank you. President Rheault—Thank you. I have to totally apologize on this but whoever is at 1706 Main St. I think you already spoke didn't you? David Giroux— I already came here once but I was addressing the neighborhood program at Six Flags. There is a ...program for Six Flags and I showed you the pictures • and there is 8 houses between the exit gate to their facility ... President Rheault— Sir. David Giroux—you know in, that's what I was addressing ... President Rheault—O.k. David Giroux—about the passes you know and the traffic. President Rheault—You have, you already had your opportunity to present .. • David Giroux—O.k. thank you. President Rheault—Well, Ed Zalienski, I am sure I got that one wrong too. I get mine too so don't worry. We're even. • 3 i Edward Czelazewicz, 1720 Main St. I like to address the transient parking issue at 1744 Main St. I live a few houses away. The patrons that go to that parking lot cross my yard, sit on the rocks in front of my house and they don't really have a legal way to get from that parking lot to where that destination is Six Flags. They have to cross the state highway or cross all the residents who have been complaining about the trespassing. I would like to see the amendment passed in regards to this transient parking issue and enforced. And if there is no enforcement my children are looking for Summer time jobs and I am sure they could use about $50,000 a month cash and I'll open up my parking lot. President Rheault—Thank you. Michael Palazzi. Michael Palazzi, 1670 Main St. Good evening council. I am a lifelong resident of • Agawam, went through the school systems, played sports here. I have a business now for 20 years, it's a family operated storage business across from Six Flags. My business consists of storing cars, boats, RV's and general warehouse supplies. I store vehicles for the general public on a daily, weekly, monthly basis, some of which may be are Six Flags visitors. Recently we have been notified by the city of Agawam we must curtail this. When Six Flags was previously Riverside Park and we approached Ed Carol to use our property to house the overflow vehicles to accommodate the visitors we have been doing so since and had no problems for the past 20 years until now. We were approached by the city of Agawam that this was not an illegal and a special permit would be needed. I did attempt to apply for this permit but was strongly suggested that I withdraw my i application and store the vehicles because it would be almost impossible for me to obtain this permit. I continued running my business as usual only to occur five $100 fines for storing vehicles. Is it fair that I applied for this permit and can't seem to receive it and being a storage facility? That's what I do best. I don't give rides, I don't do food. I store vehicles, I am a specialist in that area. In the 20 years that I have done that I never had one incident not one. Also brought to my attention that the Agawam Auxiliary police department applied for this permit as well for the Big E. They were told they were exempt from the process, you have permit and you can get the $250 back from your application fee as well. Again I specialize in vehicles, can't seem to obtain the permit, tried to do the right thing. I've had nothing but aggravation trying to continue to growing my business, again I've been there for 20 years. My customer base is shrinking because of Six Flags growth. I requested a hearing to challenge these violations against the city of Agawam in the Springfield Court. The clerk magistrate decided that the fine should be withdrawn and they were. I've been asked not to approve the open transient parking permit for businesses that meet the criteria. It would be, it is a hardship for my business. My business has suffered greatly due to Six Flags, thank you. President Rheault—Thank you. Henry Kozloski. Henry Kozloski, 102 Meadow St. Chair of the Community Preservation Committee. The Community Preservation Committee recommends the allocation of $248,757.00 of CPA funds for the Agawam housing authority. In the last 8 years the Commonwealth has under funded affordable housing throughout Massachusetts. Finally i 4 • the Commonwealth of Mass. has given to the Agawam Housing Authority more than $800,000 to help bring up two livable standards their buildings. The housing authority needs additional money to complete this phase. This money will allow the residents of the housing complex not to worry about a leaky roof and windows and doors that do not work properly. These buildings are over 40 years old and need that capital improvement. I want to thank publicly Dottie Drewnowski, a member of the CPA committee from the housing authority, thank you Dottie. But in the future the housing CPA money should be used to create new affordable housing in Agawam. Secondly, the Community Preservation Committee recommends the allocation of$3,000.00 of CPA funds to stabilize the barn at the future School St./River Road park. There was a recent article in the newspaper how the state is losing historical barns at an alarming rate. The town should have a major discussion to determine if the barn should be part of the School • St./Rive Rd. recreational complex. There are many residents who believe the barn should be a major part of the park complex. I am now going to speak not as a member of the CPA committee but as a citizen who has been involved with the CPA in Agawam from the beginning. The resolution TR-2007-18 which you will discuss tonight is a petition to the Mass. legislature to amend the community preservation act. There are two parts of this resolution. The first is to allow Agawam CPA money, funds for repair and maintenance cost for the Agawam housing authority. Repair and maintenance is a responsibility of the Commonwealth of Mass. They own the buildings,the town does not. They should pay the cost. We should be sending a clear message to the state representatives and the governor, it is their responsibility to fund the housing authority completely. This is the message that we should send to the governor and legislature. The second part is to change the act so the Agawam can use CPA money to build and maintain a new senior center. If this was to occur there would not be enough money to complete the School St./River Rd. park in the future. There would be little funds left to preserve open space, create and preserve affordable housing and preserve our historical . resources of Agawam. The Tuckahoe property would never be developed for passive and active recreation. The main purpose of CPA funds when passed was to preserve open space, create and preserve affordable housing, preserve historical resources at the same time recreational parks and playgrounds throughout the town of Agawam and the Commonwealth of Massachusetts. This was and should be the only goal of the CPA funds in Agawam. Therefore I think it would be a great mistake to try and change the • community preservation act for these purposes, thank you. President Rheault—Thank you. Larry Litton. • Larry Litton, 1623 Main St. Good evening. The address is the home of Six Flags New England, I am the park president. I just wanted to take this opportunity to publicly thank the members of the council and the mayor and his staff for all the work that they put into and also the planning board as far as the work that's been put into amending this ordinance in the best interest of public safety, both for the residents and the visitors of • Agawam. Its our hope that the planning board will make a recommendation tonight. It is also our hope that you guys will vote on it so we can get this resolved. So no one gets hit or God forbid killed on Main St. crossing over. So again for your support. 5 • President Rheault—Thank you. Mark Shapiro. Mark Shapiro, 1623 Main St. Six Flags New England. Want to thank the town • council,the mayor, his office and staff for giving us the opportunity to be heard to speak today and I request to the town council that we be given the opportunity during public forum to discuss the transient parking issue and also to show some photos to help illustrate our point of view, thank you very much. i President Rheault—Thank you. Jason Freeman. • Jason Freeman, 1623 Main St. Six Flags New England. For those of you who know me I have been with the park for 23 years, both with Riverside and with Six Flags. Currently I am the corporate safety manager. I have been a previous resident of Agawam for the past 15 years and I was also on the planning board in 2000 for one year. I am here tonight to address the, what I can see to be the severe safety issues with pedestrians crossing Main St. to and from Six Flags New England to some transient parking locations and I am here to ask that you folks act on the amendment before you, before a disastrous incident takes place and unfortunately it will happen, it's not if but when. There is more than 10, more than 15, more than 20 people that are crossing street throughout the day, throughout the evening and I can assure you that its upwards of probably over 100 throughout a 12 hour period and it truly is an unsafe condition. And again that you folks please address that tonight. Thank you. President Rheault—Thank you. Helen Krupzak. • Helen Krupzak, 1730 Main St. In regards to the parking next year. I mean I've seen over the past year a couple of them relieving themselves and now there is a lot of trash in the backyard and nothing is being done about it, thank you. President Rheault—Louie Russo. Louie Russo, Feeding Hills. I am here speaking as a vice chair of the Agawam Community Preservation Committee and I am here to speak briefly on two issues. The first regards the funding for the housing authority. Normally as many of you know I have a problem with using local dollars to subsidize state owned buildings. However, in this case I feel it is a matter of providing security for our seniors as well as providing them with financial protection. As you know the windows at our senior housing are beyond repair in terms being able to secure them or open them properly. That makes it easy for someone to enter the housing units without authority or for the tenant to be able to properly use the window's ventilation or if necessary escape. Also the windows are far i 6 • from energy efficient,the residents are forced to spend an unnecessary portion of fixed incomes on wasted heat and air conditioning. This should be deemed unacceptable. The windows will pay for themselves in terms of tenant savings on heat in the Winter and air conditioning in the Summer. So just for those two reasons alone I feel you ought to pass this recommendation. The second issue and I am speaking on my own behalf, not on behalf of the community preservation committee, I too am against the resolution regarding senior center addition to housing funding for reasons in addition to what Henry • Kozloski had stated. First senior centers are recreational buildings. If they are being included in any thing they should be included under the CPA recreational funding, if at all. To take money earmarked for low income housing to use it for a recreational building is to ignore the many people who are in need of affordable housing. What is more important to the members of this council? Do you think providing a place to play games • and do hobbies is more important than providing a safe, secure and affordable place for our elderly citizens and small families to live? The community preservation committee oversees millions of dollars and by choice are probably the least political committee in town. In my opinion to agree with and support this resolution is nothing more than political posturing by elected officials who continually try to use the CPA for political purposes. In closing there is also one more very important reason why this resolution should be rejected. For those who don't know the more low income housing we can provide, the more state credits we can get, which increases our eligibility for additional housing grants. Senior centers can't and don't provide us with such possibilities,thank you. • President Rheault—Thank you. Joan Linnehan. .roan Linnehan—Good evening, I am the senior center director in Agawam and I respect to Henry and Louie I am here as a director and I feel its important to promote the proposed amendment to the MGL C44 B community preservation act. As you know this amendment would make needed funds available for our future senior center. There are over 6,000 seniors in town and we serve over 130 meals to home bound as well, on a daily basis as well as another 75 who come from our congregate guest daily. We also provide education and resources on senior issues and many activities to keep the golden years shining. Last year about 2,000 duplicated members seniors made use of our facility. Our new senior center which we hope to have within 3 to 5 years will be twice the size of the current one and will provide many opportunities to our older citizens. As a municipal worker I see that the schools and the library facilities are funded not only by the town and the friends of the library but by a larger network of state and private sources. As you may or may not know the senior centers in all the cities in the Commonwealth of Massachusetts do not have such support. The CPA funds would be a needed shot in our • financial arm. I am played as ....endorsing this endeavor, what better way to support community preservation than to support our senior citizens? We thank Mayor Cohen and Councilor George Bitzas for working diligently to make our new senior center a reality, thank you. • President Rheault—Thank you. That concludes our speakers for the evening. Clerk please call the roll. Item 2.Roll Call � 7 Eleven members were present. President Rheault— 11 present, we have a full quorum. Item 3.Moment of Silence and the Pledge-of Allegiance President Rheault—Please rise for a moment of silence and pledge of allegiance. • Item 4.Minutes—None. Item 5.Declaration from Council President • There is nothing from the president. Item 6.Presentation of Petitions Memorials &Remonstrances (a) Resolutions 1. TR-2007-1 S-A Resolution to Present to the General Court Proposed Amendments to the Community Preservation Act{Coup. Bitzas • President Rheault—As attached (please see attached). Moved by Councilor Bitzas; seconded by Councilor Carr Bitzas. Any discussion? Councilor Bitzas—Yes Mr. President. President Rheault—Councilor Bitzas. Councilor Bitzas—First of all I like to correct the chairman of the preservation committee Mr. Kozloski, he read the wrong resolution. The new resolution we sent to the council front to you have nothing to do with the housing authority, housing, not to do with the state housing. I don't know where you came from those word, but I am very disappointed to see that. I will read the resolution for his information and the council, of course and the public. The resolution is to preserve, present to the court proposed amendments to the community preservation act. This is by me also as a councilor but also as a vice chair of the new senior center building committee. By the way I am going to discuss to you a few things that Councilor [Senator] Buonoconti already has this bill to • S TR-2007- ;$ A RESOLUTION TO PRESENT TO THE GENERAL COURT PROPOSED AMENDMENTS TO THE COMMUNITY PRESERVATION ACT (SPONSORED BY COUNCILOR GEORGE BITZAS) r Whereas,the Town of Agawam has accepted Massachusetts General Laws c. 44B, "Community Preservation" (hereinafter"Act"); and Whereas, one of the purposes of the Act is for the acquisition, creation, preservation and support of community housing; and Whereas,the Town of Agawam has undertaken the building of a new Senior Center and in the future will be in need of funds to repair, maintain and support the Senior Center; and Whereas,under the Act as currently written the Town would not be able to apply for funds through the CPA because this project does not fully meet the definitions and restrictions of the Act. NOW THEREFORE,BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Town of Agawam requests that the General Court consider the Proposed Amendments to the Community Preservation Act, as attached hereto. Copies ofthe foregoing Resolution shall be sent to Governor Deval Patrick's office, Senator Stephen Buoniconti and Representative Rosemary Sandlin. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President AP OV D AS O FORM AND LEGALITY Vincent . Giascia, City Solicitor • PROPOSED_ AMENDMENTS TO MASSACHUSETTS GENERAL LAWS c. 44B, COMMUNITY PRESERVATION ACT r Section , (a) Section 2 of said chapter 44B is hereby amended by inserting the following sentence at the end of the definition of"Rehabilitation": "With respect to community housing, rehabilitation shall also include repairs, maintenance and other improvements to the housing facilities in order to keep the facilities in good repair for the inhabitants." • (b) Section 2 of said chapter 44B is hereby amended by inserting the following phrase at the end of the definition of"Community housing": "and senior centers". (c) Subsection(b) of section 5 of said chapter 44B is hereby amended by striking out the • first sentence of clause (2)thereof and inserting in place thereof the following sentence: "The community preservation committee shall make recommendations to the legislative body for the . acquisition,creation and preservation of-open space; for the acquisition,preservation, rehabilitation and restoration of historic resources, for the acquisition, creation and preservation of land for recreational use; for the acquisition, creation,preservation, support and rehabilitation of community housing which shall include the acquisition of land for construction of senior centers and preservation, support and maintenance for new or existing senior centers; and for the rehabilitation or restoration of open of open space, land for recreational use and community housing that is acquired or created as provided in this section." i • • • • the front of the senate, the laws they have already drafted. So this council have to vote support or you vote against it. This two gentlemen that spoke tonight ...didn't speak for the whole committee, this is not to do only, this to do not forever only but the whole state of Massachusetts. We build new senior center and also Westfield build new center and other senior centers are in danger of not having enough money support our seniors and I be surprised to see any of its members to vote against such a good idea, no matter who bring to the floor. The resolution reads for the information of Councilor, Mr. Kozloski (please see as previously attached). So I am not going to read all the attachments, I go to bring this the copy also to the records and I have here the letter to Senator Buonoconti. I also sent letter to house representative Mr. Sutton, which I have no reply yet and this is the letters I sent to senator from me and from the mayor(reading as follows; please see attached). At last month the 3 1"we have a note from Mr. Buonoconti saying that we are • very, very grateful to him from his assistant Matt. Present to the senate lawyers,this resolution to the senate lawyers for a bill. I am in strong favor of this. So Buonoconti already filed this bill to the lawyers of the senate and I thankful very, very much for our senator. I hope Rosemary Sandlin will do the same. In case she doesn't like to do something like this we have other representatives that are willing to file for the bill in the • state representatives. So this ball is rolling. The vote of us is very symbolic to show support for the senior center. Not to do with the housing. Before I start include the housing but the housing was a state agency and taxpayer's money, our town money you are not supposed to use for state agencies. But this one here in front to us I strongly argue to support also the $244,000 is very needed. But this resolution is complete different. It's • the taxpayers,the seniors, you in the future are going to enjoy this new facility and we need the extra money, this is difficult times to support our seniors. It's not only for our town, its for Westfield, it's for West Springfield, for any town and city in Massachusetts. I know I have so many new full house for many, many other issues, I am not going to bore you anymore, I ask for your support, thank you. • President Rheault—Councilor Calabrese. Councilor Calabrese—Yes through the chair to Councilor Bitzas. Councilor • Bitzas is this applying only to senior centers and property that are owned by the municipalities? Councilor Bitzas—Correct councilor its only to the senior centers new or existing ones in the future. Actually by the time it passes the senate, hopefully the senate and the house will vote in favor of it because a lot of other people they support the seniors then we try to use money for the senior center, but not state owned .... Councilor Calabrese—Not state owned property. • Councilor Bitzas—property.No, no, I changed that ... i 9 o�� 1 Towno' f Agaw' am 36 Main Street Agawam, Massachusetts 01001-1837 s Tel. 413-786-0400 Fax 413-786-9927 A'I'EI)Ma May 9, 2007 Senator Steven Buonoconti 150E Bridge Street Springfield, MA 01.103 Dear Senator Buonoconti: Councillor George Bitzas and I would like you to please support our effort to amend the Community Preservation Act (CPA) as presented in Agawam Resolution TR-2007- 18. The requested amendments would allow municipalities the ability to utilize C.P.A. funds for construction and maintenance of new and/or existing municipal Senior Center facilities. These changes would help all cities and towns throughout this commonwealth in these difficult economic times. Please take the time to read the attached resolution and amendments proposed to ! Massachusetts General laws C44B, Community Preservation Act and help us to help our seniors. We loop forward to hearing from you and hope you will. support our efforts in getting this passed through the General Court. • 7AW: s in friendship, Richard A. Cohen George Bitzas ! Mayor City Councilor i Councilor Calabrese—So not to be subsidized.. Councilor Bitzas—this is the new resolution I brought for to you just only for the senior center, nothing else, owned by us and paid by our taxpayers. With these people they pay 1% of this money and they don't care too much about to see a ...finish or any other,they worry about themselves to enjoy and through the years to enjoy their lives,the need they spend hours collecting nickels and dimes and cans and I give credit to these people, they raised $275,000 in about 3 years now. And also this money we asked for it the ...as not guaranteed that we give the senior centers. This is a suggestion this will be application. The CPA has to approve.... i President Rheault—Councilor your remarks should be directed only to the question. Councilor Bitzas—And those money we accept to us to say yes or no, so it's a win/win situation. • Councilor Calabrese— So essentially its Agawam taxpayer money staying in ... Councilor Bitzas—Exactly and in front to us we can vote yes we like it, we can vote no. The committee was against one application its fine, so the only thing the opportunity for us and other cities to support our seniors. Thank you councilor, good • question. President Rheault—Any other question? Councilor Magovern. i Councilor Magovern—George would have you think he is the only councilor up here who supports the senior center and I want to assure you that most of the councilors up here do support the senior center and I worked very long and very hard toward the completion of the senior center. I've been on the fund raising committee, I helped raise that$270,000 and I feel that the senior center is something which is definitely needed in this town. I would like to think that the money has been allocated or will be allocated so that we don't necessarily have to go down to the CPA in order to get the money and I think to pass a billed on a legislature would be a lengthy process, so I hope we are not counting on the passage of a bill in order to get the monies to complete our senior center. I mean there is a lot of work that has gone into this already. You know I am really not in favor of this particular bill for the reason stated by Henry and by Louie that it would take money away from other necessary funds that don't have the availability to raise money. However,the one caveat in this bill is that even though it may pass in the legislature there 10 • is other cities and towns within the state that might have better usage and may not be in • the same position that Agawam is and I hate to close them out of the process and all this is doing is sending an application over to the CPA. Once the application is passed through the CPA it then has to come back to the council and I hope that the council in their infinite wisdom can either look at this money and say either it's a good usage of taxpayer money or we go back for another source of taxpayer money. So although I have my doubts as to how quickly a bill like this can get passed and whether or not we really should open up the CPA monies to the senior center, I am in favor of the bill only for the purpose of being on the even playing field for the rest of the state, if it should get passed. Thank you. President Rheault— Councilor Carr Bitzas. Councilor Carr Bitzas—Thank you. I remember years ago when I was the veterans agent for the town of Agawam and attending a VA meeting where the veterans' administration discussed the problem and how the VA was going to address the issue of an aging population. In Agawam alone 25% of our population are seniors. The Agawam senior center needs to be build and it needs to be build soon. I have every respect for the preservation committee and the good work they do but those of us who own a home or own a condominium we are donating to the preservation committee and I think a lot of people in town would support the possibility of having this amendment passed so that • where there could be some help for cities and towns who wish to expand their season senior center or build a new senior center such as we are doing. It's a very, very big project. I know I don't know exactly what the balance is in the preservation committee fund but I suspect its quite high. And so I feel we could be able to do this and still do something still produce something in the future for low income housing, which I also support and I wish we could see more of it coming into Agawam. There are people who can't pay $300,000 for a home or$200,000 for a home and we have, what did Debbie Dachos tell us at the meeting here tonight? Agawam has 3% of low income housing for people, that's not right. The state expects us if we want to get grants and everything to have 10% of low income housing. I think it's a step in the right direction and whether and I realize that you think this is a big political thing up here, certain people, Mr. Russo, but I tell you one thing from my heart, I am at that senior center 3 to 4 days a week exercising and I know what goes on there. And I have been a member of their fund raising committee and got them $5,000 from a local bank. In addition to that I was able to get their letter heads, their envelopes, all with the logo for the senior center. So I know what they need and in my opinion lets give it a shot. It may not go through anyway but lets give it a shot and see what we can do with it, thank you. President Rheault—Councilor Calabrese. • • 11 Councilor Calabrese—I am just going under the assumption that the city 1 councilors legislative body still retains the ultimate control over the use of the CPA funds. 01. thank you. President Rheault--That's correct. Any other discussion? If not will the clerk please call the roll. • ROLL CALL— 7 YES (Conn. Bitzas, Calabrese, Carr Bitzas, Magovern, Mineo, Rheault, Rossi), 4 NO (Conn. Letellier, Perry, Simpson, Young). i President Rheault—7 yes, 4 no you have adopted the resolution. Item 6.2 TR-2007-19- A Resolution Authorizingthe Agawam Community 1 Preservation Committee to spend $248 757.00 for the Ac uisition Preservation Rehabilitation, and Restoration of Historic Resources and for the Acquisition,.Creation, Preservation and Support of Community Housing as Provided for under the Community Preservation Act. President Rheault—As attached. (Please see attached). Moved by Councilor Simpson, seconded by Councilor Calabrese. Any discussion? Councilor Calabrese—Yes I have a report from the finance committee. President Rheault—I am sorry councilor. Councilor Calabrese—We had a finance committee meeting this evening and we • spoke to send a positive recommendation to the full council with regard to this particular item. The issues that were discussed at that sub-committee meeting were already discussed and I don't want to be piling on or be redundant. If anybody has any questions though I be more than happy to answer. 1 President Rheault—Alright. Do I see a light on? Councilor Bitzas. Councilor Bitzas—Yes Mr. President. I voice my great support for this resolution w and I hope the council support that. Anything that goes for the seniors and I think its well it should be done a long time ago, unfortunately we have the problem down there and they would ... and now its front to us to help them, help them live better, to improve the quality of life, they need that. And I hope you support that, thank you. 12 • TR-2007- 19 A RESOLUTION AUTHORIZING THE AGAWAM COMMUNITY PRESERVATION COMMITTEE TO SPEND $248,757.00 FOR THE ACQUISITION, PRESERVATION, REHABILITATION AND RESTORATION OF HISTORIC RESOURCES AND FOR . THE ACQUISITION, CREATION, PRESERVATION AND SUPPORT OF COMMUNITY HOUSING AS PROVIDED FOR UNDER THE COMMUNITY PRESERVATION ACT Whereas, the voters of Agawam chose to form a Community Preservation Committee, • and Whereas, one of the Committee's functions, as provided by the Community Preservation Act, is related to acquisition, preservation, rehabilitation and restoration of historic resources; and • Whereas, another of the Committee's functions, as provided by the Community Preservation Act, is related to acquisition, creation, preservation and support of community housing; and • • Whereas, the Committee has recommended that $248,757.00 should be expended for the Agawam Housing Authority's Capital Improvement Project; and Whereas, this project is to support and preserve the quality of Low Income Senior Housing; and Whereas, the level of support from Agawam Housing Authority residents, property owners and seniors in Agawam for this project is tremendous; NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Community Preservation Committee is authorized to expend up to $248,757.00 from the Community Preservation Community Housing Reserve for the Agawam Housing Authority's Capital Improvement Project in accordance with Massachusetts General Laws Chapter 44B Section 2. PER ORDER OF THE AGAWAM CITY COUNCIL • Donald M. Rheault, President • • � 1 i • APP O ED AS O FORM AND LEGALITY .r � 'Vincent . Gioscia, City Solicitor i APPROVED AS TO APPROPRIATION �1 • Cheryl St. Jo , Auditor i • • • • i i 2 rPresident Rheault—Councilor Rossi. Councilor Rossi—Yes thank you. I am not in favor of taking money from the CPA funds and adding it to the capital improvement of the housing authority. I think Mr. Kozloski spelled it out pretty clearly that its not really, it is really the responsibility of the state to derive the right income. But secondly and more importantly I have to agree with the fact that we kind of have to watch those funds and keep it in the area in which this community can best serve that money and there are many areas that I feel can be better served that are coming way down on the capital improvement list. And one of them that comes to my mind is the high school track and field up there that desperately needs to be repaired and I think people forget that over the years. It keeps being put on the list on the capital improvement, it keeps getting shuffled back, back and back and back. It never seems to be taken care of and I think that's something we desperately need in this community. Not only for our high school students and our athletes but also for the community. There are an awful lot of people who use that track and a lot more that probably would use it if it were in better repair and I know the school department and the town would work to keep that thing open so that the towns could utilize that. This is a very, very important fund. A fund that the community, if I remember correctly really stressed very strongly the recreational aspect of this fund and I think it should be used for that. Just to take a blank check and throw it into the capital improvement budget of the housing authority I don't think its an appropriate idea. President Rheault—Councilor Letellier. S Councilor Letellier—I am sure most of you remember under the community preservation act we have to use a minimum amount of money in each of the areas. To my knowledge we have spend virtually no money whatsoever with regard to the affordable housing mandate of the community preservation act. So I think its high time we spend some money in the affordable housing roam and this is something that is going to have an immediate, positive impact. Its not like we are putting it aside where you can build something. We are going to see an immediate, positive impact. So I be supporting the agenda item,thank you. President Rheault—Councilor Magovern. Councilor Magovern—Very briefly, for years the housing authority has run down to a state on a level that was disgraceful to the town of Agawam and we've got a new director who has turned things around, unbelievably so where instead of being the lowest housing authority literally in the state of Massachusetts we are not receiving awards from the state for advancement but we still need more money and as Councilor Letellier so ...said we are mandated to spend money on public housing. We have spend nothing on 13 public housing. We've got 3% in this town on public housing and we have to spend this money or we lose a lot of this funding from the state. So its imperative that this goes through to meet our state mandated requirements. So I am totally in favor of this proposal. I think its long overdue and I congratulate our executive director for the good work that he has done. President Rheault - I am not sure is this a tie between you? Councilor Calabrese. Councilor Calabrese—O.k. I just wanted to point out in addition to the windows and the doors that are needed, the roofing over the North Westfield St. project is over 40 years old and is leaking. And it is my understanding from our meeting that the fiends are going to be used to help rectify that situation as well (Changed tape). Councilor Mineo—Its long overdue. We have to spend a portion of the money out of these funds on this and we are obligated to do it and I think its, we need to do it and we need to do it now and make the impact,thank you. President Rheault—Councilor Carr Bitzas. Councilor Carr Bitzas--Thank you. I am in support of this as well. I know quite a ` few seniors as I say I am down there often and I realize that there are a lot of things that have gone into disrepair, a lot of things. Leaky faucets is really one of them and I think all of that start, they are trying so hard,the director is trying so hard to alleviate all these problems but it takes money and the state already donated, has turned over I don't know how much it was Carl for the state, a couple hundred thousand dollars so they could change the offices for the housing and for the administration, housing and senior center administration so it's a good thing and I am going to support it. Thank you. President Rheault—Councilor Rossi. Councilor Rossi—Yes just for a point of information. Is this an addition to the money that's already been set aside? For the CPA? Or is this money that has been set aside and earmarked for the CPA? Is this above and beyond? (?)—No just the one.. 14 Councilor Rossi—That's money that is supposed to be set aside anyway, that wasn't in my material there. That's the question I am asking. Councilor Perry—Yes. President Rheault—Councilor Perry. Councilor Perry—Yes, thank you Mr. President if I may through the chair to Councilor Calabrese and the finance committee: The money that's earmarked that we are voting on $248,000 who will control that? Will that be the director? Of the Agawam director will be controlling that as far as the spending and things? The state would have no control over this money. e Member of the audience—speaking w/o microphone. President Rheault—Councilor a recess for a minute is appropriate to get the answer,this is not being recorded. Councilor Perry—Can I make a motion to go into committee as a whole? Councilor Calabrese— Second. President Rheault---Moved by Councilor Perry, seconded by Councilor Calabrese to go into committee as a whole. All those in favor? VOICE VOTE—Unanimous. President Rheault—Opposed? It's appropriate now to come to the microphone. Carl Stanton (?)—The way it works that the CPA does have control over that money. The state will hire the architects, all the ...cost will be absorbed by the state. They will hire the clerical work and we also have a construction project manager who will oversee the work. All the bidding will be done based upon the state rules and regulations. The actual funds are controlled by the CPA and as the CPA will be given those bids and all the invoicing is then send to the CPA for payment. So they in fact are controlling the cost of that project. When the bids are put out the state will ensure when 15 the architects go out and those bids are done that those bids will be below and will not exceed the amount of money the CPA has awarded. President Rheault—For the record,will you state your name and address. Carl Stanton—1 am from Springfield, MA. President Rheault—Thank you. Carl Stanton—You're welcome. Councilor Perry—Yes so you are saying that the money that's gonna be allocated the CPA will control the bids or grant the bids? Carl Stanton—Actually the bidding process will be, the bidding process is a very expensive process to hire those architects, the state is absorbing all that cost right up to the bid, because the specs obviously had to be done within state rules and regulations. e They have those, they will work through, they will develop that entire bid process. They, we will go out to bid at the authority. We will accept the lowest bid but the state will ensure that those bids do not exceed the amount that is being awarded by the CPA. In fact we are expecting that the bid process will probably come in below some of the amounts that are being done,because the architects have already looked at it and said you know this is a reasonable amount of money and we may be able to do it for less than that. So they will assure that the most cost effective way is taken. Once the bidding process starts there is no cash that actually goes from the CPA to the authority. The invoicing is then send through. Based upon the state regs they will have to go through the proper invoicing process, it will be the fair market value. Labor rates will have to be watched that they are paying fair labor rates. Those will then be send to CPA for payment who will then track it against that total amount of the award. So no cash goes back and forth. Councilor Perry--Thank you. Carl Stanton—You're welcome. President Rheault—Alright. Councilor Bitzas—Make a motion to get off the committee as a whole. 16 President Rheault—Moved by Councilor Bitzas to come out of committee, seconded by Councilor Magovern. Excuse me Councilor Rossi. Councilor Rossi—I think that Mr. Kozloski would like to say something. I would like to hear what he has to say before we come out of committee as a whole. President Rheault—Henry go ahead. Mr. Kozloski—I can give you all the finances right to the, almost to the dollar. You have allotted by state regulations and you have passed 10% every year, there is $306,000 in the housing account as of January 31, 2007. That's reserved.There is,if you want to know the rest of it, there is 214 in historical, there 306,000 in open space,there is about 665,000 in the 70% account, which can be used and in any one of those three categories and/or recreation at this time. Just so you aware because those are accounts and we have given you these figures. What we collect from January 31, 2007 to June 30t` and the state matching funds which becomes available October 15 goes into the 70% account. Which as once again can be used for anyone of the three categories and/or recreation at this time. Its all there. This report was given to you about a month or so ago. All that figures out what is in each one of the accounts and you have to spend the 10% in housing. You have to spend 10% open space. You must spend at least that much, you can spend more. And you must spend 10% in historical, you cannot spend it anywhere else and we try to get you an update as soon as we will get some additional things from the auditor and bring you up to date but we will probably wait until the close of the fiscal year to do this. President Rheault—Alright. . Mr. Kozloski—Thank you. President Rheault—Thank you. Move for committee, I am sorry Councilor Rossi. Councilor Rossi— So Henry that 248,000 that's requested is going to come from the 301? Mr. Kozloski—306. Mr. Rossi—306 that's correct. 17 Mr. Kozloski—Yes it comes out of the account. Councilor Rossi --O.k. thanks. Mr. Kozloski—That's if you look at the resolution you are coming out of that fund. President Rheault—Alright. Thank you. Motion by Councilor Bitzas, seconded by t Councilor Magovern to come out of committee. All those in favor? VOICE VOTE—Unanimous. President Rheault—Opposed? We're out of committee. Any further discussion? If not clerk please call the roll. ROLL CALL— 11 YES, President Rheault— 11 yes you have approved the resolution. Item 6.3 TR-2007-20- A Resolution Authorizinp__the Alaawam Community Preservation Committee to spend $3,000.00 for the Acquisition—Preservation Rehabilitation and Restoration of Historic Resources as Provided for under the Historic Resources Section of the Community Preservation Act. President Rheault—As attached (please see attached). That as you know is to secure the barn on .. Councilor Calabrese— School St. President Rheault—School St. Councilor Calabrese—So moved. ,� 18 TR-2007- -10 A RESOLUTION AUTHORIZING THE AGAWAM COMMUNITY PRESERVATION COMMITTEE TO SPEND $3,000.00 FOR THE ACQUISITION, PRESERVATION, REHABILITATION AND RESTORATION OF HISTORIC RESOURCES AS PROVIDED FOR UNDER THE HISTORIC RESOURCES SECTION OF THE COMMUNITY PRESERVATION ACT Whereas, the voters of Agawam chose to form a Community Preservation Committee, and Whereas, one of the Committee's functions, as provided by the Community Preservation Act, is related to acquisition, preservation,rehabilitation and restoration of historic resources; and Whereas,the Committee has recommended that$3,000.00 should be expended for the Smith Farm/Hampden County Jail Farm Barn Security Project; and Whereas, by securing the building, its long term preservation can be pursued and without this project the barn may fall into disrepair; and Whereas, the Agawam Historical Commission and Agawam Cultural Council are in full support of this project. NOW THEREFORE,BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Community Preservation Committee is authorized to expend up to $3,000.00 from the Community Housing Historical Reserve for the Smith Farm/Hampden County Jail Farm Barn Security Project in accordance with Massachusetts General Laws Chapter 44B Section 2. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President AP OVED AS TO FORM AND LEGALITY incent . Gioscia, City Solicitor APPROVED AS TO APPROPRIATION 00Ala k J ieryl t. hn, u ito President Rheault—Moved by Councilor Calabrese, seconded by Councilor Rossi. And Councilor ... Councilor Calabrese—Yes I have a report from the finance committee. We met this evening and voted to send a positive recommendation to the full council regarding this matter. Just some items that we had discussed. A study had already been done on appropriating, using appropriated funds on the long term prospects of preserving this barn and I had forgotten the dollar amount that Debbie had told us, it was going to be a rather large amount so the committee had decided to kind of take a step back and look at alternatives to rehab the barn. And what they discovered looking at the barn all the windows in the basement level are broken and that makes it an easy access way for people, children to go in there, have parties, potentially God forbid light a fire and cause trouble and get hurt. So they had gotten some quotes on sealing off that building to make it so that nobody could access it except for one doorway that they needed for access. And the intend of this fund is to actually brick up the doorways and the windows and to cover them over with stucco to seal of and Debbie had let me know that she had gotten a couple of quotes and $3,000 was gonna cover the cost of sealing off those windows and doors and securing that building so that no one is able to access the barn. And that's what this money is going to be used for. President Rheault—Alright. Any further discussion? If not clerk please call the roll. ROLL CALL— 11 YES. President Rheault— 11 yes you have approved the resolution. Item 6.4 TR-2007-21-A Resolution Confirmingthe a reappointment of Francis J. Curnow, 115 Forest Hill Rd., FH, MA to the Agawam Veterans' Council to a Term Expiring April 1, 2009 (Mayor). President Rheault—Moved by Councilor Magovern, seconded by Councilor Letellier. It's a reappointment I believe. Any discussion on the, if not, I don't know is she here? Pardon? Councilor Carr Bitzas—I can say something of her. President Rheault—Do you want to? Oh Councilor Carr Bitzas. 19 Councilor Carr Bitzas—Yes I attend some of the veterans council meetings as a life time member and Francis Curnow is a very active member of the council and I would recommend reinstating him in that position, thank you. President Rheault—Voice vote is sufficient on this. All those in favor of the reappointment? VOICE VOTE -Unanimous. President Rheault--Opposed?Unanimous. Item_6.5 TR-2007-22- A Resolution Authorizing the Mayor to Enter Into_a Lease Agreement for use of PropertyLocated at 733 Main St.,Agawam, MA by the Head Start Program. President Rheault—As attached (please see attached). Councilor Simpson moved, seconded by Councilor Rossi. Any discussion? If not clerk please call the roll. ROLL CALL— 11 YES. President Rheault— 11 yes you have approved, given the mayor the approval. Item_6.6 TR-2007-23- A Resolution to Accept an Easement from Jenifer C. Beane, for Property Located at 33 Liberty Ave., Aga., MA to Provide Water Service to the School Street Park Ma or . President Rheault—Resolution as attached (please see attached). Moved by Councilor Simpson, seconded by Councilor was it Letellier? Any discussion? 8 votes are required on this one, so we take a roll call. ROLL CALL— 11 YES. President Rheault— 11 yes you have approved the resolution. Item 7.Report of Council Committees None. 20 . TR-2007-,)a A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT FOR USE OF PROPERTY LOCATED AT 733 MAIN STREET, AGAWAM, MASSACHUSETTS BY THE HEAD START PROGRAM Whereas, the Westfield Head Start Program has been operating a pre-school and family services facility serving income eligible Agawam residents at the property located at 733 Main Street, Agawam, Massachusetts since August of 1994; and Whereas, income eligible residents of Agawam have a need for pre-school and family services and the Town has need for additional pre-school spots to accommodate these residents; and Whereas, the Town intends to allow continued utilization of this property by Westfield Head Start; and Whereas, City Council approval is required to permit the Town to enter into a lease agreement with Westfield Head Start for use of said facility for pre-school and family services. • NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Mayor is authorized to enter into a one-year lease agreement with the Westfield Head Start for said use of property located at 733 Main Street, Agawam, Massachusetts formerly known as the Agawam Center Library. DATED this day of May, 2006. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President APPROVED AS TO FORM AND LEGALITY VWC&k&�_ Vincent F. Gioscia, City SolicitoiV 41 TR-2007-23 A RESOLUTION TO ACCEPT AN EASEMENT FROM JENNIFER C. BEANE, FOR PROPERTY LOCATED AT 33 LIBERTY AVENUE, AGAWAM,MA TO PROVIDE WATER SERVICE TO THE SCHOOL STREET PARK WHEREAS, a plan has been developed to create, construct and preserve land as a park for recreational use on property owned by the City on School Street; and WHEREAS, in order to provide water service to School Street Park,it is necessary to run a water line from Liberty Avenue to the property; and 1 WHEREAS, in order to install, maintain, repair and replace said water line, it is necessary for the Town to obtain an easement from Jennifer C. Beane, for property Iocated at 33 Liberty Avenue; and WHEREAS, obtaining this easement is the most cost-effective method of completing installation of the water line; and WHEREAS, grant of this easement will not be a detriment to the property or to the Town; WHEREAS, it is in the best interests of the public and the City of Agawam to obtain an easement across 33 Liberty Avenue, Agawam, MA. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves and authorizes to accept an easement from Jennifer C. Beane for property located at 33 Liberty Avenue, Agawam, MA to provide water service to the School Street Park. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President A OVED TO FORM AND LEGALITY 'Vincent F. Gioscia, City Solicitor Item 8.Elections None. Item 9.Public Hearings 4P President Rheault—Now to all the audience's favorite items PH-2007-3-(ZC- 2007-3)-Zone Change. Attorney on record, Attorney Johnson has graciously stated that because of the crowd he feels that its probably more for the next one and the following one than his and he has relinquished his to go at the end and I felt that that's appropriate and we thank him for that. So we will take the next one, which is Item 9.2 PH-2007-5-(ZC-2007-5)-V & F Realty Partnership, Rear of 443 Springfield Street, Agawam, MA(Continue Public Hearing from 5/21/07). President Rheault—I now declare the public hearing open. Will representative from V & F please come to the microphone. Councilor Letellier—Mr. President I will be abstaining,thank you. President Rheault—I have Councilor Letellier, thank you,that's abstention. State S your name and address for the record. Dennis Powers, 25 Appaloosa Ln., W. Spfld. I represent ... President Rheault—Excuse me you have a maximum of ten minutes for the presentation. Dennis Powers, Esq. --Thank you. Good evening members of the city council,my members is Dennis Powers and I represent V & F Realty Partnership in connection with a petition for a zone change for the rear of its property at 443 Springfield St. The front portion of the property is currently zoned business A and the rear is currently zoned agricultural. V & F has occupied the property for the last 19 years as a repair facility and auto part store. V & F currently has 19 employees and has 5,200 customers in the Agawam/Feeding Hills area. If the zone change is approved V & F will apply for a building permit to put a small addition on the rear of the property for in house storage only. Only a small portion of the rear of the property can be used due to a large easement to Western Mass. Electric at the rear of the property, which requires 100 ft, buffer and if I 21 10 could and I am certainly happy to pass this up after I am, after I explain it. This is a LIP sketch of the 443 Springfield St. This is Springfield St. The existing building is here. In the rear of the property is a Western Mass. Electric easement. The easement to Western Mass. Electric will not allow anything within any building within 100 ft. of that easement. So as you can see from the yellowed area here it's a very small portion of the property that anything could occur to and the most that V& F would due is a , if this zone change is approved then they apply for a building permit, couldn't be greater than Op 1,500 sq. ft. and of course any work that's done would be subject to a site plan review that would be before the planning board. President Rheault—We have a copy of that by the way so, each councilor. Attny. Powers—Oh great thank you. There would be no overnight storage of any vehicles or any equipment and other than that 1,500 sq. ft. proposed addition there would be no change to the existing use of the rear of that property. Our hearing was held before the planning board which resulted in a positive recommendation for the city council to approve this petition for a zone change. Its my understanding that a hearing was held before the zoning ordinance committee of this city council with Councilors Bitzas and Rossi voting for a positive recommendation to this council to approve the petition for a zone change. I know that there is a number of supporters of this petition in the audience. I i would certainly ask them to voice their support to the city council for the zone change and I would be happy to answer any questions as would Mr. Frank Palante who is present here who is a principle of V& F. And finally 1 would urge the city council to approve this petition for a zone change. President Rheault—Any questions from the council?Not at this time. Anyone in the audience who would like to come forward in support of the zone change? Michael Margiatta—I am about a 20 year resident of the town of Agawam. I live on 7 Forest Hill Rd. in FIB. When I moved to town I asked by neighbor who is present here this evening,who can I go to get my ...repaired and who can I trust? And without a doubt he recommended me to V& F. For the past 20 years of having my cars repaired there, my wife goes there and now my kids go there with their cars also. I urge the council to support the zoning variance that V & F is looking for and here are the reasons why. V & F in my eyes is an ideal corporate citizen. They've spent their hard earned money to help beautify the town. If you look down on Springfield St. they've added a park bench and done some real nice landscaping and they've received a letter from the town,the beautification committee, commending them for their actions. They also have a program where when you get your repairs done there and you are part of the program, they will donate a portion of those proceeds to the school system. We all know that our schools are under funded and can use every penny that they can and that's a program that is well supported. They also expanded their business. In the years that I've been a customer, they've expanded I believe three times. They are adding to the tax rolls to the 22 town. They are also a model employer, They have about 16 people, 16 to 19 people employed. In these days today of corporate down sizing, shifting jobs oversees,V &F rewards their employees for good work. There is one employee in the audience tonight who after t5 years of service,V &F awarded them all expense paid cruise for him and his family for the 15 years of service. I think the council needs to look at what V & F is trying to do to build a good reputable business in town to add to the tax roils and to be a model citizen and I asked that you support them. Thank you. President Rheault—Thank you. Susan Dawson, 21 Alexander Dr. —Good evening council, I also have my vehicles serviced at V & F. Most of you are aware I have a son who is physically disabled and V &F has consistently been a good neighbor and a good helper for us to help maintain his van and getting things going for him so that he is able to continue to be a member of our community and to be able to access things that he needs. Also when it comes to the zoning piece down there, that is a very small piece of land on top of that little piece of land that needs to be looked at for zoning issues. I would really encourage all of you to look at zoning in the community and develop a long term plan that will make it possible for us to locate businesses where businesses should be and residential homes where they should be. It's a disgrace almost to go down Springfield St. and to see a business and a home and another business and a home. I wouldn't want to be the person living there because certainly the value of your home is not the same as it was before all the businesses were put in. Please take a look at that, please be a good neighbor with Frank. For all the things he's done for us. I was a member, former member of the school committee and he did contribute to the school committee and we appreciated that. So I would encourage you to be in favor of what he is doing, thank you. President Rheault—Thank you. Ed Borgatti, 135 Franklin St. I am the president of the Agawam chamber as well. And a 21 year business owner of E.B.'s restaurant. I wrote a letter to all of you and I am hoping that you all received it. But I was asked to read again tonight publicly so people can hear a little bit about Frank and V & F is all about. He is a great friend to the Agawam community. So I am gonna take a minute to read it and I am gonna make a few brief comments and we can move on. I write you today the 21 year business owner and president of the Agawam chamber of commerce. As a leader in the community and a life long resident of Agawam I feel it is a part of my role to protect not just the business community but also the entire community I consider home. Having run E.B.'s Restaurant successfully for the last 21 years I have come to appreciate the people of Agawam and the business I've created. It is a rare individual who can make a business successful while giving back to community they believe in. Frank Palange is one of those individuals. As the owner of V & F Auto he has worked hard during the last 20 years servicing with pride and commitment a community that he loves. He has created a customer base of over ,� 23 7,000 from all over the area with over 5,200 who are your friends and neighbors right here in Agawam. V & F has a reputation for quality, service and great staff that is unmatched in any industry. Over the years he has given back as much likely more than most businesses in any community. V & F has given to Special Olympics, Muscular Dystrophy, Agawam Lions, Shriners,Relay for Life, Jimmy Fund just to name a few and just about every Agawam organization in need of support. V& F is most proudly known for what they do for Agawam directly. Frank and his team have given over$3,000 to the Agawam public schools, have received both the AAA President's award and Agawam Beautification Award twice. As Frank embarks on the possibility of a small expansion it has come to my attention he requires a zone change to do it. The fear of excessive expansion is eliminated due to the Western Mass. Electric power line running high over the property under which no construction is allowed. In addition as you may or may not know, our planning board voted to give the zone change a positive recommendation. If anyone deserves a chance to grow in their business its V & F Auto. Frank and his team deserve fairness and cooperation from the town they contributed so much to. The business community in Agawam has its share of problems no doubt, V& F is not one of those problems. Please consider allowing V & F to continue to benefit Agawam. They are a very bright light in the future of Agawam businesses, thank you. That was the letter that I sent to all of you and to our chamber board as well. Just a couple more brief comments. I was made aware tonight that a notice was sent to Sheri Lane regarding the zone change abutting them and they were actually misinformed, they thought it was the property that was actually abutting them to the, as you are looking at the back of V &F to the left abutting Sheri Lane and one of the gentleman realized that it was not that property and they were misinformed at Sheri Lane. So with that in mind they were also made aware in the notice that I actually read that they were gonna, that it was an addition to store large vehicles,which we don't know where that came from. But that is not the case at all,its just a small storage addition onto the back. Again its, it can only be so big because of the S power lines. So we hope that you guys consider this, this is a, this should not be a negative,this should be something you embrace. Its very hard I know at first hand after doing, the hours that is takes and the amount of work that it takes to run a business and operate with employees and actually make a success today with so much huge competition and so many big businesses coming in. Its just ... what he has accomplished there. The place is impeccably clean. I know of those who have visited, I first feed back to some of you that complemented how impeccably clean it is. For an Auto place, you walk behind there, its absolutely spotless, It is a first class operation, quality service. All he wants is a small addition. Its right off the back and its just amazing, its just such a positive. and I just hope that you guys change, you know support it we would appreciate it as a business community. Thank you for your time. President Rheault—Thank you. Donna Safford Fleury, Elm St. I am here speaking on behalf of V & F Auto who certainly has been a successful business in our town for many years. They are well run, well respected by other business owners and residents in town and certainly well kept. They do what they can to help our school system,pay their taxes and I think it would be 24 good to encourage them to grow and be able to expand like they would like. We all want to encourage business to come here,to stay here and to grow. Please pass this for V &F thank you. Mark Pairier—I am owner of McCarthy Tile Company on 1140 Springfield St. I FH. I am here in support of V & F as a small business owner. I use them first personally and for my company trucks and as a small business owner I would like to see them if they can improve their business by a small addition. Would appreciate it small business owners need to be moved forward in this town, you don't want them going out of business, thank you. David Benoit—I am from Agawam I think yeah and 33 Church Street, Aga. I've been going to V& F for oh God I don't know, 20, 20 years at least. When he first started building the place from the ground up it was through the grape line I guess and I had to get my car fixed and I couldn't get it fixed at this other place over here. I said well geez go to this new place over here V & F guy over there. I didn't know him. I go down there, you know introduced myself as I got my car fixed up, o.k. bring it right in and from then on it was just a really good business that Frank, I got to know Frank, I got to know the workers down there. Of course I had old cars, I had old trucks and they would work on it and be honest with you and tell you what you got, this is what we have to do and stuff like that he really do good and I say it again like everybody else said here, he has the cleanest place and cordial, whatever you can think of. Frank and his workers and his people he's got working for him they are a great bunch of people and he is doing one heck of a job, it looks pretty good up there and I am going to keep on going there. Well until the car runs out of gas, whatever. But I do tell people, pass this bill for him,that thing for him he'll be all set, he is a good guy. Thank you. President Rheault—Thank you. Dan Stepanski, 120 Corey Net Circle. Council hi. I am the vice president on the information systems for Bridgeport National Bindery company here in town. We take our entire fleet vehicles to V & F. We do this because they are a trustworthy organization, they do what they say they are going to do. They are both a incorperately responsible, community responsible and environmentally responsible operation. Basically I would strongly urge you as a measure for both support for the community and support for V &F to approve this zone change, thank you. President Rheault—Anyone else who would like to speak?Anyone who would like to be recorded in favor without speaking? Please come up and state your name and address for the record. 25 Bill Bobskill—Hi. I live here in Feeding Hills, I have a business on Springfield St., 17 McKinley St. and I have like so many people that spoke before me had dealings with V &F Auto and they have done nothing but positive. He has been an inspiration to me as a small business owner. He constantly giving me good advice and you know it's the kind of situation where you really have to look at what a man is doing, because a man is only as good as his word and Frank has clearly demonstrated this over the years he's been here. So something like this is a real boom to the community. I whole heartedly support anything that he is doing over there and I hope you do too. Thank you. Brook Ashby—Good evening. I run Penfield Production at 35 Springfield St. I just like to let you know I've known Frank for a number of years and its important in this i day and age to know and recognize when a person does what he says and says what he does. He runs a great business there. He has always been totally professional as well as his entire staff, they bend over backwards to help, I think they are a great asset to the community and I would certainly urge you to support this changing zone, thank you. Richard Cotto, 111 Christopher Ln. And I just like to reiterate some of the things that have been said. I've been going to V & F since 1985.Now my entire family goes there, six of us total. I received great service. They've been up front, very honest. I recommended them to people at work, some of them traveled as far as from Enfield,CT, Southwick, Westfield, and some of them even come from Suffield, CT, as well as Enfield and they received the same treatment that I have and they are bringing business into the town where other towns are losing their business because of the satisfactory and great work that these people do at V & F Auto, thank you. Dan Tiebald, 46 Cleveland St. I actually worked for V & F approximately 18 years ago when there was may be 5 of us at the time for employees. They are obviously growing very positively now to approximately 19 people. Like everybody says and a great company to work for. They are great for the city. What they want to do is something small behind the building,which want effect the view of anybody driving down Springfield St. and just improves the time like your car is getting fixed, might fix it in a half an hour because they got the park there vs. we'll fix it tomorrow because we don't have the room to store it, that's all I have to say thank you. Bob McDonald— Good evening. I am the executive director of work opportunity center which is at 1094 Suffield St. and I reside in the Town of West Springfield at 65 Apricot Hill Ln. I think that we live in an area where too many communities are losing too many business. I think we live in an era where too may people find it hard to find employment. I think that if we are blessed with a corporation, like V & F Auto,that apparently does an amazing job by all the testimony here this evening and is a growing concern as testified here this evening, we should do all within our power to keep a corporation like that in town and to help a corporation grow in our town. Because a corporation that grows provides more jobs for more people, provides more economic 26 stability to our town, provides more taxes to our tax base and actually when we do the correct thing in business and we help out a corporation that is growing and thriving we send a very positive message out there to other businesses and to other would be business owners in other communities to come and locate their business in Agawam because they know it's a friendly place that respects economic growth and development for the businesses that reside within the town and that's an important message to send out because all of our towns are struggling to find businesses to move into our towns so we can increase the tax base, thank you. (?) Strong, 24 Horsham Place. Good afternoon ladies and gentlemen. I lived in Feeding Hills going on 3 7 years, after spending 20 years in the air force, which is quite a town to be in and I know my accent I wasn't born in Agawam. But anyway I've been going over to V &F ever since I have been here you might say except a couple of years when I tried to find a good place to do business with and believe me I was spending my money there. I never had any complaints. That was matter a fact from the day that they opened and they do a reputable job and they as a matter a fact do a AAA job. What the purpose of this variance is, is primarily a place for the employees to park their cars when they are working. In other words instead of blocking up the parking lot up front for the customers and me I don't like to walk very long distance to a place to have work done. And I've has no complaints and you got the best work you can get from any car repair job,thank you. i President Rheault—No one else want to be recorded in favor of? If, give an opportunity for anyone in opposition to the granting of the zone change to come forward. Joe Conte—After hearing the previous speakers... President Rheault—Joe please, record would you state your name and address please. Joseph Conte, 453 Springfield St. This presentation was supposed to be made by a Louis Conte but the girl's volley ball team made the record so you know where he is going. I heard all the speakers speaking and they spoke well of... President Rheault—Excuse me Joe may be if you put that microphone straight up it may amplify your voice a little better, make it easier on you, thank you. Joseph Conte—Now you got it?I have heard all the previous speakers speak and they spoke wonderful of Frank and his Father. One thing we have to remember we are not voting for an individual tonight, we're voting for the general area and the people that 27 live in that area. I heard them all speak, none of there are abutters, none of them live in the area. I think Frank is a good guy. I think he keeps a good garage and we talked and if he really was honest with us he would have put in for a zone, small zone change,the size of 1,500 sq. ft. But I got to use my eye glasses because I can't read. Like I said before we are here to vote on an issue not, I like Frank an I shook his hand before he came in and I think the people who spoke are wonderful people that spoke in his favor and they did a wonderful job for him but that's got nothing to do with zoning. Zoning is a funny, particular thing because it affects the people in a general area. When you zone you don't zone for people in Agawam center or Feeding Hills, you zone for the specific area. When I became building inspector I read the by-law and I thought I knew it all. There was one part of the by-law amenities, amenities and that's what you got to consider for a zone change the amenities. I said what the hell is amenities. I didn't know the word amenities for 2 or 3 years but I looked it up. Amenities I got to quote myself is the general appearance of the land in the area in which is zoned. It also calls for a zone change calls for upgrading the community around it. Upgrading means is value safe. If you think zoning a piece of land in the back is gonna increase the value of the houses around there, I built five of them, five of those houses have been built by the Conti's and not for the last 17 years but since 1932. So I am saying again if you read the by-law,the by-law is very specific, it says for the proposed and promotion for health and safety and convenience. Overcrowding of land to avoid undue concentration of population the failure for adequate provisions for transportation, water, sewer, waste and such on and to increase, increase the amenities within the town. Now I just explained that means to increase the area around there and increase the value of the property. If you think that adding 185 ft. penetrating into a residential area, there is residents on all sides of it is gonna increase the value of the property and is gonna increase the appearance you got another thing coming because on the opposite corner from my land,there is a garage and maintenance in the back. You want to see it. I am sure whoever owns Sheri Lane certainly agrees with me. I talk with Frank, I talk with him. I said what do you want to do Frank? He said I want to build a little building back there, I said why don't you just zone it a little spot. He said well I don't want to zone it at all. If he zones at all it changes the whole complex of the area. Even though Frank is a good guy he wants to do the right thing he is not going to live forever. But when you zone that property business A its gonna be business A forever. Now one of the things you can do on business A property,I got to get my eye glasses out, the storage of complete units such as trucks, bodies, tailgates, road sanders, farm machinery, school busses, back hoe's, an ambulance can be stored. Not only one 50, 100 you can store there. How about Joe Conte built that house in 1932 and has lived in the area, how does that make me feel? How does that make the guy I sold the house feel? Frank wants to build an addition and its not a bad addition but he wants to put it beside a house that's worth $200,000. I don't think its fair. I don't think its fair that the amenities aren't considered throughout this thing. I want to see what else I wrote down there. The value of the house, I have been down there, it's a beautiful house and what he is doing is as you can see by the little plan he is going down an penetrate 125 ft. Frank is doing it for Frank for him, he is not doing it for any of the abutter. I own the big lot on the right hand side, on the left hand side, it's a big lot. I've got 7 granddaughters and I feel like myself, I built 2 houses up on top and I figure that my granddaughter, one of my granddaughters would build their house there and its perfect. 28 We aren't complaining about Frank parking his cars, we just don't want it business A. Because I am not gonna build my granddaughters house in front of what could be a storage area for back hoe's and truck bodies and that's what you got to read, You got to read that in the zoning. I am not objecting to the people that spoke, I hope they don't boo me for what I am saying (changing tape), I've been there since 1932 so I appreciate if you consider giving me a vote and I have nothing against Frank but the abutters presented as Frank is a good guy, I know he is a good guy, but that's got nothing to do with zoning. I know I didn't give you everything I wanted to say but I am not able to read it, but thank you very much for listening to me. President Rheault—Thank you. Any questions for Mr. Conte from the council? t Mr. Conte—Any questions from the council? And don't forget every abutter that was there spoke against this thing at the planning board meeting. President Rheault—Thank you roe. Anyone else who would like to speak in opposition? Member of the audience—Not in opposition... President Rheault—You had your opportunity on the positive side sir. Member of the audience—I am speaking as a property owner. ... President Rheault—This is a portion of the meeting for opposition. I had a portion of the meeting already for proponents. fA Member of the audience—I can't speak then? President Rheault—Not at this point no. I am only here to enforce the rules so ` don't take it personal. Anyone else who would like to speak?Anyone like to be recorded by name only?In opposition. I see Louie just came in, is he coming?No. Since you just came in Louie did you want to speak or be recorded in opposition? Give us the results of the game first. Lou Conte,900 Springfield St. Agawam—3, Belchertown— 1, Agawam Western Mass. Champions in Volley Ball. 29 President Rheault—Fantastic. Lou Conte—I am here to speak in opposition. President Rheault--Thank you. Final remarks, any question from the council before I close the public hearing? M President Rheault—You have an opportunity to come back yes. Attny. Powers(?)—Thank you Mr. President. Two items, first of all. One of the things that I want to address to this council, my client takes it very seriously as I do think the previous speakers. Mr. Palange has been honest from the beginning. He at the planning board, at the zoning ordinance committee he spoke up, talked about what he wanted to do and I don't think anybody should lose focus of how limit this project is. It is as innocuous as in B because of the restrictions on the property, the 100 ft. buffer from the WMECO easement so any its truly a distortion to suggest that somehow there could be some shenanigans or some terrible thing that is going to happen to the rear of this property. The WMECO controls what can happen near their easement,what vehicles can be stored, what equipment can be stored, they have complete control of that property. What I would like to do at this point.... President Rheault—Excuse me for the record I want to clarify at this point, I don't think there has been any implication there was a extortion the word that you used, ... in the record. Attny. Powers (?)—Well Mr. Conte said that my client hasn't been honest and I don't think that is correct. President Rheault—I don't believe he said, well I'll Iet that... Attny. Powers (?)—In any event I have a letter from the immediate abutter that was sent to the planning board and its from Steven Rue. Dear PIanning Board Members, its dated may 15'h. Please be advised that as an immediate abutter 38 Royal Lane to V & F Auto I will be impacted more so than most people in the neighborhood. However, I have talked to Frank Palange on several occasions and he has assured me that the changes 30 • and upgrades to the back to this property will not enhance the look but also take care of a • few problems and concerns that now exist. It is therefore that I am not against the zone change for V &F and if he has what he has told me it will only improve the current situation. I would also like to add that if he does not receive the zone change he still should be allowed to improve the rear of the property for which he has been using for parking. I have no problem with them, improving an access road, which will take care of any dirt which is a problem. In closing I am stating that I and my neighbor Kevin • Connolly, 39 Royal Lane are not against the zoning change as long as things such as the access road, parking area in the back and curbing on the corner of Mr. ConnolIy's house are addressed and that would be addressed in any site plan approval from the planning board. I feel some kind of compromise can be worked out to satisfy everyone in the neighborhood and V &F. And finally a letter from Renee Jury from 48 Horsham Place. • This letter is written in support of the proposal change for V & F Auto, Inc. West Springfield St. in Agawam. The piece of property in question is behind the building and is used for the purpose of parking by the employees. There really is no other place for the employees to park. I have been a customer of V & F since they started their business on Springfield St. 1 has grown tremendously during the last several years but I have always been treated very well. The facility is clean and I applaud Mr. Palange's commitment to the committee. I feel that a yes vote for the proposed zone change would not have a negative affect on the area, sincerely, Renee Jury. And I would lust ask the council to take into consideration the plan, what can be done back there and all of the comments of the previous speakers,thank you very much. I would urge you to pass the petition. Thank you very much. Councilor Calabrese—Don't go away. • President Rheault— We have a question, Councilor Calabrese. Councilor Calabrese—I just have a quick question and I have been trying to decipher from the diagram. This easement to Western Mass. Electric Company... Attny Powers ?— Yes. Councilor Calabreseµ At what point does it cross that land?Does it run along the property line or does it by step the property line? Attny. Powers ?— I have a plan that's recorded with the registry of deeds, it's at the rear,it's at the rear of the property and I can circulate this, it's a little better and it's recorded at the registry of deeds. • 31