Loading...
CC MTG MINUTES NOVEMBER 3 2010 REGULAR MEETING OF THE AGAWAM CITY COUNCIL 0 November 3, 2010 President Rheault — Good evening ladies and gentlemen. Welcome to the Regular Council Meeting of November 3rd Item 1. Citizen's Speak Time President Rheault—We have no citizens wishing to address the Council this evening. Item 2. Roll Call President Rheault—Barbara will you please call the roll? ROLL CALL—8 PRESENT, 3 ABSENT (Councilors Letellier, Mineo and Perry) r President Rheault — Eight present, three absent. We have a quorum. Councilor Letellier phoned and will not be in attendance this evening. She's not feeling well as well as Councilor Perry is tied up down in Connecticut on business. Item 3. Moment of Silence and the Pledge ofAlleriance President Rheault—Please rise for a moment of silence and a Pledge of Allegiance. Item 4. Minutes (a) Regular Council Meeting—October 18,2010 President Rheault _ Moved by Councilor Simpson, seconded by Councilor Messick. Any discussion or corrections? If not, voice vote is sufficient. All those in favor? Opposed? Unanimous. Item S. Declaration from Council President President Rheault—It's been brought to our attention that the Collective Bargaining for the Administrative Union has been completed and in lieu of that I would ask Barbara to send a letter of request to our Solicitor for a Resolution for the Council to make their choice whether they want to ratify or not—the contract. Item 6. Presentation of Petitions Memorials & Remonstrances (a) Resolutions 1. TR-2010-43 -A Resolution Confirming the Appointment of Tim A. Bryant,80 Bradford Drive,Feeding Hills,MA to the Historical Commission � 1 to a Term Expiring January 1,2014(Mayor) President Rheault—Moved by Councilor Simpson, seconded by Councilor Bitzas. Any discussion on the confirmation? If not, all those in favor? Opposed? It's unanimous. Barbara, please inform Mr. Bryant of his confirmation. I can't see with these lights. 2. TR-2010-44 -A Resolution regarding the Extension of KENO Monitoring (Referred to the License Committee) (Council) President Rheault — I'll entertain a motion to have it on the floor. Moved by Councilor Rossi, seconded by Councilor Simpson. It's now — and a report from the Licensing Committee. • (Councilor Mineo arrived and is now considered present) Councilor Rossi — Yes, thank you Mr. President. I conferred with my committee members and we are going to send a positive recommendation to the entire Council that we approve this monitoring system. I stopped in and spoke to the owners at the Getty Mart on 18 Springfield Street. I looked at the premise where the monitoring device will be. They have a countertop with just four stalls. It looks very neat, clean and looks like an operation that wouldn't cause .any problems for the daily operations or cause any confusion to the citizenry. So with that I would make the positive recommendation to the Full Council that we adopt and allow this monitoring system to be installed. President Rheault--Any other discussion? If not, Barbara, will you please call the roll? ROLL CALL—8 YES, 0 NO, 2 ABSENT (Councilors Letellier and Perry) President Rheault—Nine yes and two absent, you've approved the Resolution. 3. TR-2010-45 -A Resolution Authorizing the Application and Acceptance and Expenditure of a Massachusetts Community Development Block Grant (Referred to Finance Committee) (Mayor) • President Rheault — I would entertain a motion to put it on the floor. Moved by Councilor Simpson, seconded by Councilor Messick and a report from the Finance Committee? Councilor Walsh —Thank you Mr. President. The committee met on October 27`" at the • Senior Center. (Committee members included Councilor Walsh as chair, and Councilors Perry and Rossi — Councilors Mineo and Letellier were absent) In attendance Auditor Cheryl St. John, Planning & Community Development Director Deborah Dachos, Andrew Lowe from the Pioneer Valley Planning Commission and Councilor George Bitzas was also present. The first item was the A Resolution Authorizing the Application • and Acceptance and Expenditure of a Massachusetts Community Development Block Grant. Deborah Dachos provided the background on the Grant noting that we last applied for a CDBG in 1983. Details on the precise amount of this grant have not been finalized but it is expected to be less than a million dollars. The Pioneer Valley Planning Commission would • 2 manage the grant and their fee would be specified in the grant. Ms. Dachas stated that the administration of the grant is very time-consuming due to the administrative requirements for the grant and that her department would be unable to devote sufficient time to administer the grant. Andrew Lowe stated that the Pioneer Valley Planning Commission would prepare the application and in the event they are not successful in obtaining the grant,there would be no cost to Agawam. The list of projects to be included are sidewalk, roadway improvements on Springfield Street and Bridge Street and housing renovations in north Agawam. There has been little interest in the fagade and side improvements for the Walnut Street shopping center so they would probably not be included. Andrew Lowe said that he should have additional information which would be included in the Councilor's packet on November I Ph. There was a motion to recommend approval to the Council by Councilor Perry and seconded by Councilor Rossi. The vote was 3 — 0 in favor. President Rheault —Thank you. Any further questions or discussion? Is your light on? It's being blocked by the water pitcher. Councilor Bitzas? Councilor Bitzas — Thank you Mr. President. I attended the meeting and I'm glad the Finance Committee did approve it. It's a win/win situation. Money comes to our town, of course, some would say taxpayers' money yes, but it's taxpayers from all over the state so they come from Boston everywhere so it is like a gift to us and I hope we get it. I hope we get close to a million dollars and that would have many residents are qualified for the help to fix their homes and streets and sidewalks and I hope the Council supports it. Thank you. i President Rheault — Thank you. During our discussion with the Mayor today in my meeting, a good portion of that grant if approved would be for reconstruction of sidewalks on Springfield Street which are sorely, sorely needed so I would hope that the Council supports this Resolution. Anything else? If not, clerk please call the roll. i Clerk — There's supposed to be a public hearing on this, on the 15th, it's an incidental public hearing. President Rheault—It's not listed here. Clerk—That's the memo from Debbie Dachos that I gave to you— President Rheault—Just tonight? Clerk—No, this morning I showed it again to you. President Rheault — So we are having the public hearing on the 15th? So all right, so we'll just table this over to the 15th. Clerk—Yes. President Rheault — Okay, I'll entertain a motion to table to the 15th. Moved by Councilor Bitzas, seconded by Councilor Rossi. All those in favor? Opposed? Okay it's tabled til the 151h for a public hearing. 3 Item 7. Report of Council Committees None. Item 8. Elections • None. Item 9. Public Hearings 1. PH-2010-7 - ZC-2010-1 A Petition by Thomas Russo,204 Suffield Street, Agawam,MA for a proposed Zone Change on property located on Garden Street(Referred to Zoning Review Committee) President Rheault—I'll open the public hearing and entertain a committee report. Councilor Messick — The Zoning Review Committee met on Monday, November I" at r the Senior Center. Councilors in attendance were myself, Councilor Bitzas, Councilor Rossi, Councilor Rheault, Councilors Cichetti and Councilor Walsh, both of the Mr. Russo, the property owner was in attendance as well as several citizens wishing to speak and Mr. Leveque of Leveque Associates who's done the land planning services for the property. Mr. Leveque gave a very good presentation about the parcel's physical characteristics. There were concerns about the slope that in the back of the parcel, wetlands issues, available services such as water and sewer. That was discussed quite in depth. The project would consist of six buildings approximately 40 — President Rheault — Excuse me Councilor. I think we'll hold off on the rest of that • report until after we hear from the public on that. I don't want to influence one way or the other on the presentation. All right? Councilor Messick—Can I say how we voted or no? President Rheault--I'm sorry? Councilor Messick—Do you want to know how we voted or not? President Rheault—No. Not yet. Okay. Public hearing is now open and Mr. Russo or whoever is going to present has up to ten minutes to do their presentation to the Council and public. Rob Leveque - Good evening. Thank you Mr. President and Councilors. Good evening I am Rob Leveque from Leveque Associates. I am here this evening representing Mr. Russo and Russo Construction. Can everyone hear me okay? Thank you. Also with me this evening is Dana Goldman, he's a local attorney also representing Mr. Russo on the zone change request. We're here this evening for a zone change request on parcel G 8 13 which is located on the south side of Garden Street. The subject property is zoned 4 Business B. The proposed zoning is Residence A-3 to allow for a multi-family development which would be owner occupied condominiums. If you look behind you, you'll see a map or a plan that describes two parcels —the existing parcel split into two — the northern or the property to the top of the page is the subject property. It's a 6.6 acre property. It's located on the southern side of Garden Street. The site slopes from north to south away from Garden Street and there are wetlands on the southern half of the property. We've gone through a Request for Determination of Applicability with the Conservation Commission and we've looked at the site extensively. We have an existing conditions plan that we've created. We're very familiar with the site conditions. There's sandy soils on the northern portion of the property which is generally the buildable area. This buildable area has been cleared by the previous land owner and the area that you see that's kind of re-growing a meadow is the area that we're discussing here this evening. The surrounding land uses include Vermette's Auto Body to the north, residential property along Garden Street on either side of the property, to the west there's also Garden Street Auto Sales and I believe there's also another business in with them. To the south, there's a — across the wetland — there's the Industrial Park and I believe it's Kittredge Equipment Company that's the direct abutter to the south. The proposed project — we're here requesting the zone change to allow for the construction of what we're calling a mid to high-end condominium community. We figure the prices will range from $260,000.00 to $275,000.00 per unit. As mentioned by Councilor Messick, the project consists of 41 condominium units laid out in six buildings. Each of these units will be approximately 1200 square feet and there's the opportunity to do the slopes towards the rear of the buildable area to allow for drive-under garages. The entire project is anticipated to bring I million dollars into the local economy. The owner of the property and the project proponent is Mr. Thomas Russo. He's been in town for over 40 years. I think everybody is familiar with the quality product Mr. Russo builds. I believe almost all, if not all, his employees are from the Town of Agawam and most of his sub- contractors are also from the Town of Agawam and this proposed project will employ over forty people from the Town of Agawam. What you see before is the site plan describing—this is a schematic or conceptual site plan —describing the proposed project. As mentioned, we have done a great deal of due diligence on the project site. We have done an existing conditions plan as mentioned, we've delineated the wetlands, so we're very familiar with the zoning regulations and the restrictions that we have on the property. We feel very confident that the multi-family use here will be consistent with the regulations that we'd be required to adhere to. We feel confident that the homeowners association will be able to maintain an environmental sustainable project. The proposed building elevations —this is again conceptual at this point but this is what's planned by Mr. Russo at this time —these are side-gabled roofs with dormers, shed roofs over the entrances. This is if you were to be looking from Garden Street at the proposed project; this is what you would see in those banks of buildings that you saw on our site plan. The allowed uses in the A-3 Zone—clearly there aren't a lot of other options in the A-3 Zone. Mr. Russo specifically purchased this property for a condominium project. As mentioned this will be owner-occupied. Per the memo from the Town Planner as well as the Agawam Regulations, there's a number of uses that are allowed under the Business B Zone and I won't get into the detail of everything described here but I will go through the list — body shops are allowed, amusement parks, wholesale sales or warehousing, 5 converting, fabricating, manufacturing, altering, finishing or assembling, truck terminals, retail shopping centers. I think it's important to understand that all of these uses, a lot of these uses, first of all the body shop comes to mind, there are a number of body shops in the area, I believe there's three within 300 feet, another body shop doesn't seem likely in this particular location. I'm not sure if the residents of Agawam would necessarily want another one. Amusement Parks — clearly Six Flags is a draw, a regional draw, for amusement parks, I think it would be very difficult and I understand Twin Silos recently * was for sale and it's my understanding that it would be very difficult for one of these uses. Converting and fabricating manufacturing — we're concerned with what materials are going to be delivered, I believe there are a number of existing businesses within the Industrial Park that are on the DEP list for noxious uses. The truck terminal —I think it's clear that based on the curvature of Garden Street and a number of other issues with truck turning access to the site that the truck terminal is really not a viable option. We feel that a tier 3 or 4 retail location, we don't see a viable big or small box on this site so we think that's really null and void. As far as office space, we have had the marketing professionals associated with this project review and there's a packet for your review which describes the amount of square footage currently available in the Town of Agawam which I believe is over 2.3 million square feet that describes both for sale and for lease properties and that's the square footage within those buildings not the land itself. As mentioned, environmental considerations are a big concern. The site does slope towards the wetlands. There's requirement for storm water management to meet the DEP standards and the town's standards and we feel that a multi-family project lends itself to doing this quite well especially the fact that there's a homeowners association put in place to take care of such site improvements. We would really like to avoid potentially noxious uses, business and industrial uses adjacent to the wetland resource areas in this wetland corridor. We also think it's important to minimize truck traffic on the local roadways. I was out this morning on Garden Street and I did measure the pavement on the eastern portion of this property and it's 24 feet wide. If you've been in your Industrial Park you'll notice that from edge of pavement to edge of pavement within your Industrial Park is literally 40 feet. You can't do a small sub-division within the Town of Agawam anymore that's less than 26 feet wide. So I think it's important to understand that Garden Street isn't necessarily designed for major truck traffic, obviously it does receive that but we think adding to that would be a negative. There are concerns of the Business B use, Mr. Russo has mentioned, has purchased this property for the use as multi-family, it's my understanding from a memo from the Planning Department and also the meeting minutes as I reviewed them from the Planning Board meeting that there's five different parties over the last however many years that have looked at this property with Ms. Dachos. It's clear that none of those parties did pursue this projects, there may be some industrial developers that feel that long-term planning is important but I think that the reality here is we're dealing with a situation where we have a known quantity and we would like to bring an influx of work into the local economy. Again, the slopes on the site are a concern, truck turning radii and turning movements within the site would be difficult, truck traffic concerns on Garden Street. Noise is also a factor. There are two direct abutters that are residential properties and there's also residential properties that surround this location —it's kind of a hodgepodge of properties —but directly adjacent to the site there are residential properties ,and our concern over noise with a business use, I 6 don't know and you may not be familiar but there's a regulation under the DEP regulations, if you have a 10 decibel increase at the nearest receptor you have to mitigate i and you really can't permit, the project can't be permitted unless you mitigate and prevent a 10 decibel increase from over the ambient noise to the nearest receptor so we feel that that may be a problem depending on the use, if it was a manufacturing use or something where they do have a little bit of noise. Clerk—One minute please. Rob Leveque — Thank you. Obviously potential air quality and exhaust and water quality as discussed, services were discussed at the Planning Board and also we did discuss this at the sub-committee meeting — condos require no municipal maintenance. The grounds, the plowing, the trash removal, that's all handled by the Homeowners' Association. The only real concern that there could be for services obviously is for school-aged children, as mentioned previously this is a project in the neighborhood of $260,000.00 — each unit would be in the neighborhood of$260,000.00 to $275,000.00 — and we feel that in that price point, anybody with three kids or needing to provide for a i family would be able to get into a single-family home. We anticipate that this will be a project that houses people —young professionals, people getting toward retirement age or at retirement age that don't necessarily want to take care of a home, a single-family home but they want a nice place to live in a viable location that they can hop on 57 and they can commute to work. It's our understanding that there's been a decline in the number of school-aged children in Agawam and also the recent census data suggests that there will i continue to be a decrease of the number of school-aged children. So in summary it's important not to get lost in the long-range planning and speculation that some of the industrial or business real estate developers may want you to do. The proposed project is going to be done by a developer who you know, he's a known quantity as is the multi- family use, you've seen these before and understand how they work. • Clerk—That's time. Rob Leveque — Thank you very much for your— can I request another 30 seconds from the Council, would that be out of line? Councilor Bitzas — So moved. President Rheault—Moved by Councilor Rossi, seconded by Councilor Bitzas to extend his time another thirty seconds. All those in favor? Opposed? Go ahead. i Rob Leveque — Thank you Mr. President. The potential for noxious uses under the current zoning are a concern to us. The condominium project will be well taken care of by the Homeowners' Association. The project as mentioned will generate about $11 million and that will go directly into the local economy. The job creation of over forty jobs and we would ask you to please consider the inactivity of the subject site over the last number of years that it was marketed as a Business B or industrial use. Thank you very much for your time and as mentioned Dana Goldman, the attorney representing Mr. • 7 Russo is here as well, Mr. Russo is here in the audience, he's the owner of the property and we respectfully request the positive vote on the zone change request. Thank you very • much. President Rheault — Thank you. Are there any questions from the Council? Councilor Bitzas? • Councilor Bitzas — Yes, I'm going to repeat the questions for the people that are watching us, the one they asked you the last time, actually two questions. Can you elaborate about the Planning Board was split decision 3-2 can you elaborate a little more and also about the ...water and the pumping station(?) for us? I • Rob Leveque—First off, we did have a lively discussion at the Planning Board. I think it was a positive one. We did get a split vote. It was 3-2, a negative 3-2 vote. In my opinion there's a member of the Planning Board that although a very positive person and very good at what he does in the Planning Board is in fact an industrial development/real estate agent, works for Development Associates and I think that in his opinion, truly his a opinion, this project, project site, he would like to see be industrial. I think that swayed a couple of the other votes. I believe Mr. Morassi was, I don't want to put words in his mouth, but I think he was potentially on the fence and there were two positive votes. I think the two other gentlemen felt confident that Mr. Russo does a great job and one of the things that was reiterated at the Planning Board a number of times and is actually in the Meeting Minutes if you review them, is that everybody is very comfortable with the product that Mr. Russo puts forward. The other question is related to drainage. The site slopes as mentioned and John, if you could bring up the site plan, thank you. The site slopes and I will use my laser pointer here, this is Garden Street here, the site slopes from Garden Street which is actually north towards this green area here which is a wetland. There's an intermittent, or I'm sorry, a perennial stream that runs through the property • from the Turnverein property and continues down to the Fish & Game Club and then continues from there. These wetlands were delineated. When you're developing a project site whether it's industrial or commercial, I'm sorry, residential or commercial, you're required to meet storm water standards and you file a Notice of Intent with the Conservation Commission. You're meeting the DEP standards and the town standards for handling storm water, removing total suspended solids and basically providing matching pre and post development run-off flows in providing clean water when you're done and it's through your system the idea is that this water's clean so as mentioned in the sub-committee meeting we have concerns over not necessarily over the concerns that you might see the clean, nice, big, clean boxes that you see in the Industrial Park but we • don't know that that's what we're gonna get. There are a lot of uses that are allowed in the Business B zone. The folks that don't necessarily have the kind of money that a large business has, maybe the mom and pops or the small operations that are trying to do their best and aren't planning to break the rules but don't have the amount of money needed to take care of a drainage system and to make sure that their materials are brought in at the • end of the day and that there's, we're concerned over chemicals, we're concerned over other noxious uses, the storage, the outdoor storage of diesel equipment, those are the • 8 types of things that we were concerned about so that's what we discussed at the sub- committee meeting. • Councilor Bitzas—Thank you very much sir. Rob Leveque—Thank you. a President Rheault — Any other councilors? Thank you very much. Anyone else who would like to come forward to speak on behalf of the petitioner? Dana Goldman - Mr. President (off microphone) My name is Dana Goldman. I have offices on Springfield Street in Feeding Hills. If I understood the rules at the beginning, there was ten minutes allowed to the proponent? Is that in total? President Rheault—I'm sorry? Dana Goldman - I'll repeat that. If I understood the rules at the beginning I believe you • stated that there was ten minutes allowed to the proponent in total. President Rheault—Each speaker. Dana Goldman - Oh, each speaker? Thank you. Thank you very much. I represent Tommy Russo. As most of you know, Mr. Russo has been in town virtually forever and has been a builder here for the last 48 years. This project will involve the employment of four to five dozen people who basically are tradesmen from Agawam and sub- contractors. They're gonna be employed in this project if allowed to go forward for about three years. In this economy, in this environment, for an industry that's been pretty much decimated and is at a standstill in many places, that's kind of important. It gives people here an opportunity to pay their mortgages, pay their taxes, take care of their families locally. A number of prior people went to look at this property over the past several years that I'm aware of, one of them even had plans drafted and they found that the cost of putting in a commercial building including the retaining walls in order to have truck bays and things of that nature, was dramatically expensive. It would cost them a minimum of$150,000.00 to the project just to put in a retaining wall before they could consider the truck bays. It's kind of important— somebody's gonna be building a project out there consistent with the existing zoning — it gives you a pause for thought as to whether any type of project like that would be financially viable. As to the permitted uses that have already been discussed, if they were to come to fruition the town might be kind of unhappy in the future — you don't know what you haven't got yet. In life, not everybody runs a business as well as, I'm told that Vermette's Auto Body is run, and what you have here as the diagram shows, you have a tremendous amount of wetland. That wetland is very sensitive. It has to be protected. We don't know what could possibly happen with the business use or a commercial/industrial, light industrial use. If • we had a problem with the wetland, we'd all be regretting it. When you put in a housing project of the nature proposed, you're pretty much eliminating the possibility of that happening. The town would also benefit, in my belief, tax-wise because this particular • 9 f project when completed is going to have something in excess of S11 million in assessment value. It's going to bring in a lot of tax dollars. On the other side of the coin, what is it going to cost the town? This type of project with two bedroom condominiums in the price point that's already been discussed is going to, in our view, bring in fewer than six children and I think that statement is pretty much born out by the existing condominiums in town and the school population they bring based upon their price points and six children, four children, not a significant amount compared to the total amount that will be brought in — it will be positive. Commercial building also will be positive. This particular project won't be draining town services in the sense of plowing within the project, maintenance of the driveways, roads within the projects or trash pick-up — that's something that will be the responsibility of the Condominium Association. The owners are gonna be responsible. Who we expect to be purchasing these units as already stated, we expect they will be young professionals, perhaps people who are now empty nesters, people of my age who want to get out of their houses and the responsibility and go into something where somebody else would be responsible for cutting the grass, taking care of the plowing, not having to worry about that kind of minutia. The young professionals, we would expect, we have Riverbend, we have a lot of young doctors coming into the area, they come in with perhaps a wife, perhaps a young child not of school age and they want to decide if this community is right for them while they're trying out their new job or perhaps working at BayState and if it is a good community and a good fit for them we would expect that they would be moving into homes later on in their careers. I believe that the A-3 designation really works better for this particular property than the existing designation because you don't know what you can get in there. Clearly, nobody, that property's been available forever. The prior owner did a lot to try and market it. I believe he cleared the property and he was unable to find a buyer who was willing to spend the kind of money that would be necessary to develop this project. He was able to make a deal with Mr. Russo. Mr. Russo has a plan that I think clearly is better zoning than what is in there right now. There are other residences in the area. There are residences immediately around this property. There are businesses. As I said if you put another business in there, you don't know what you are going to get plus there just hasn't been any interest in doing so. In summation, I think Mr. Russo has been, he has a track record in this town; I think it's tough to deny that. He has a track record. He does what he says he's going to do. He builds nice projects. He honors his commitments and he's going to do something that's going to be a credit to the community. I think what we're going to be able to see there are some very good looking buildings with some nice people in them who are gonna be contributing to the tax base in this community and not contributing to the potential for problem and I would appreciate all the consideration that the Council is able to give to the project. Thank you. President Rheault — Thank you. Any questions from the Council? Anyone else like to speak in favor of the granting of the petition? Patrick Nolan-- Good evening. Patrick Nolan. I'm a lifelong resident of Agawam. I'm also a broker. I own the five Century 21 in the area including the one right here in Feeding Hills. I really want to encourage this Council to vote in favor of this zone change. I did the research. There's over 2 million square feet of commercial property 10 for lease or for rent and that may not be all of it. That probably doesn't include some small stuff that may be for sale by owner or may be for lease by owner. If you look at the number of years it would take to fill that and as we know, we end up with more and more empty space as you go along in these kinds of economies. I mean take a look at what Food Mart has become, okay? Unfortunately commercial space does not fill up as quickly as residential space. I mean even in this economy, these will sell, new residential condos will see in this price point. If you look at the National Association of Realtors, every time a house is sold, they have done the research; $64,000.00 is spent in the local economy. It makes sense in this particular case. Having commercial space for the future is one thing but having jobs today, having the kind of project that Mr. Russo can bring forth today is a real plus and past Councils have re-zoned property. If you look at Castle Hills, Mansion Woods, I believe they were all re-zoned for the projects and they were i good projects and as it's been said, good people will probably be in there. I know this Council's in favor of job. I know this Council's in favor of increasing the tax base. I know this Council's in favor of economic growth so why wouldn't you vote yes? Thank you. President Rheault — Thank you. Anyone else who would like to speak in favor? Anyone who would like to speak in opposition? Please come to the microphone and state your name and address sir for the record. James Azerra —My name is James Azerra, property owner of 279 Garden Street which is directly or pretty close directly across from where they are proposing to build the condominiums. My biggest concern is that I shopped several years to find a good piece of I would say commercial property which I believe I found and spent a lot of money cleaning it up and my biggest concerns are what happens to us in the future about residential and commercial being so closed to each other? Is it gonna ...pressure? What's gonna happen to the devaluation of my property? I'm concerned a little bit and +� mainly what's gonna happen five, six, seven years down the road? There may be a lot of complaints. I mean I don't know. I don't know who the abutters are, if you call us an abutter or not, I don't know what the zoning is in this town but we're pretty close I would think and as far as I know my partner did sell the land which was Clark Door which I'm aware of and the proposed thing is I never heard about no condos being built there. I heard about a real estate and business opportunity being put there and now there's this, I guess which I never heard about but I haven't seen it so it's my first time coming. So mainly that's my concerns —what happens to us in the future? Does our property that we put $600,000 - $700,000 into depreciate to $200,000 - $300,000? I don't think too many people do that, you know, so-- i President Rheault—What number Garden? James Azerra—279. President Rheault--279. � 11 James Azerra — Yup which is pretty much as far as I'm concerned is right across the street and there's only a couple, from what I know in my research over the last few years • and that's why we purchased the property, there really isn't residential there. There's one or two houses and I believe those people, if I'm right, were business owners of the property and that's why their homes are there but if you look at that immediate area, it's pretty much all commercial. The reason I came there cuz of easy access, the highway's right there and pretty much like I said it's been commercial right along. So that's just my major concerns, that's all, where it goes from here I don't know, you know? And we employ thirty — forty people out of that shop where we're at now for the last three/four years. From there I mean I don't know. Like I said— President Rheault— Well I don't know if any of us can predict the future. James Azerra — No, I'm sure we can't but I mean the reason you buy, you come into a town and you see a nice piece of property and strictly it's been commercial. The piece of property was sold to Mr. Russo. I heard he does a great job. I don't know him well but I heard he does a nice job all over the place. Those are mainly residential areas. You're talking about a place that's been Commercial for God only knows how many years, that's gonna change overnight possibly. I don't know. So— President Rheault—I have some comments but I`ll wait until after. James Azerra—I mean that's pretty much all I have to say at this time. President Rheault — Any questions from the Council? Thank you. Anyone else who would like to speak in opposition? Please come to the microphone and state your name and address. 4) Ken Vineunas —Hi. I'm Ken Vincunas. I run a business at 630 Silver Street in Agawam in the Industrial Park and I don't know Mr. Russo. I've never met him, never once talked to him. People I've talked to said he's a fine developer and does a good job, does a lot of projects in Agawam and I do know Mr. Leveque and I have a lot of respect for him and his work. He's done a good job here and I don't mean to cause anybody any trouble. I * have no particular ax to grind with Mr. Russo or anyone else on this project but as a developer of projects in Agawam and elsewhere for over twenty five years, I do know something about the site, about the neighborhood, about Agawam and about zoning and based on that I'm here to speak in opposition to this zone change. Not so much this zone change as zone changes in general because of this site in particular but if you look at this + zone change without any context you look straight down on that site plan and you say what can be wrong with that? It's taking a piece of land that's been vacant a long time, maximizes the use of the land, environmentally-sensitive design, well-located units that probably will sell. People will jump on the highway, they may go to work in Springfield, maybe not in town here, maybe the jobs that are used for the contractors to build it are three or four years and then there's no more jobs compared to an industrial or business use there. But be that as it may, it's a well-designed project which I think everyone will appreciate when it's done. We're not really discussing the project in itself, we're here to 40 12 talk about a zone change. That project is not on the table. That's part of a Planning Board process as you know so we're really not hear to talk about that particular project. • Anything could happen on that piece of property in A-3 zoning if you change it to A-3 zone. Maybe Mr. Russo, maybe not Mr. Russo, really it's a zone change matter that we're talking about. So it's easy to understand that the project's a good project. I appreciate the wetlands and the slopes and the turning and the difficult situations of that property. I don't really appreciate the imaginary uses and the fear tactics about the pollution and all that, the Industrial Park there has been there a long time, no pollution, no problems, no complaints, neighbors there are very happy to have it so not knowing what you're getting is really not a very good explanation for changing the zone in this instance, I don't think. I noted one of Mr. Leveque's points —don't get lost in long range planning — I thought that was quite interesting because long range planning is what this board's all about, this committee, this City Council. The average citizens could be easily deciding this is a good project, but the City Council, the ZBA and other volunteers, the Planning Board, especially the elected officials are responsible to the citizens of Agawam to look beyond the immediate benefits of this potential project to the bigger picture with the long term implications and I think this says this means you have to say no to this zone change. This is why I think so — Agawam has a history of mixed zoning resulting in a hodgepodge of uses that's long been a detriment to the quality development— Springfield Street, some of Silver Street, some of Main Street, I'm sure you know what I'm talking about with the house next to a business next to a body shop next to this. It's really not good in a long term situation. Here we'll be creating yet another area where neither residences nor businesses can dominate and create a clear identity. You have industrial, • then you have A-3, then you have business, then you have one after the other, it's really not a good way to plan long term, it doesn't help the residences or the businesses. The Business-B areas around the exits of Route 57 are there for a reason. When they 'put Route 57 in and they figured out the Park — a well thought out plan in conjunction with Route 57 — designed them this way. These areas are actually enhanced by more traffic; r they're more valuable because of high traffic and high exposure and being next to the highway. That's what business zones are for, near the highway and that kind of a use. If anything, the residential uses that remain in a business zone on that corridor should be something you are trying to get to be a business use rather than a residential use because that'll make a cohesive area on that corridor between there and the Industrial Park. There aren't very many business-owned parcels left in town and certainly few with good access to the highway, one of the key factors in attracting business. This is one of the reasons that the Food Mart Plaza has difficulty getting attraction — it's too far from the highway, inadequate access—this is why developers liked Tennis Road, right there on the highway, good access, business, highway, access, they go together. This is one reason that the Industrial Park is successful—right off the. highway. And being business-friendly comes in many forms here in Agawam, one of the long term benefits is improving the split tax rate. Every year we talk about the businesses subsidizing residential---a zone change like this doesn't really help Agawam become business-friendly. Residential-friendly that's true, that's a good thing but the businesses continue to support more of the taxes here. This sends a message that the town will take the short term benefits of the temporary local construction jobs and temporary happiness of getting a tax base in that property that sat so long but it is in the long term consistency of a well-planned community. True this 13 i site has not been developed for some time. I've looked at it but the Agawam Industriall Park often called the best industrial park in the region and the jewel of Agawam took foresight and over thirty years to be built out. I know cuz we built the very first building there when WestMass had nobody and they were dying to put a building and they begged us to put a building in there and that floundered for a while. I don't know if anybody remembers, but it took somebody with a lot of vision, reserved that area for good highway access despite its slow start and look at it now, it's a great park. So good things sometimes take time and vision and some day the business area around 57 on Garden Street could be another source of pride and taxes unless you get to short term thinking and you make zone changes on a single project which really don't give a long term goal. But the biggest question the City Council has to ask is what happens next time? The next time, the next piece of important well-located business land comes up for a zone change. There are a number of business-zoned properties that have similar characteristics, good highway access and traffic, some residential neighbors, some business neighbors, a mix like we have here, they've been idle for a number of years due to various factors perhaps their owners were reluctant to sell or whatever the case may be or they've been idle for years. So is the precedent you're gonna set today perhaps allow you to say no to the next guy who takes a 15, 20, 30 acre parcel of business land right off the highway and wants to turn it into residential. You're setting a precedent today. Who's to say about the next one or two or ten requests in the future? You have to be aware of that as the City Council for the Town of Agawam. This has the potential to permanently eliminate the possibility of business development on several of the town's best placed pieces of land that were intelligently zoned Business with a comprehensive vision of the future. A future that • encouraged business development in the appropriate places and there are numerous opportunities for housing, apartment and condo projects just as viable but don't take away from limited business-zoned resources that Agawam needs so badly. Now again, I mean no harm to Mr. Russo and I think the project will work. I'm sure it will come out great when he does it. That site is a very, very difficult site. I know the people that have tried to work on it. I've looked at it for years. I know it has challenges and that's not a bad use for it but I just want this City Council to think long and hard about zone changes that don't match the surrounding community. They should not come easy. They should be very well thought out and it's got to be part of a consistent thought for the city. One more thing—someone mentioned Travis Ward. He does work for me and I think this city r should be proud to have him working on the Planning Board. I think his dedication for years long before he worked for me in the capacity that he does, is an example of what a good volunteer does for a community. I think he's been very fair and very hard working for this city and he should be thanked and appreciated for that. So any questions? President Rheault—Councilor Rossi? Councilor Rossi — Mr. Vincunas , I know that you're a commercial developer here and you've done some work here in Agawam. I've seen your work and you do nice work. I also know that you do have some raw land still available for commercial development and I ask you have you ever or do you— Ken Vincunas —We don't have any land, no. • 14 Councilor Rossi - You don't own the property in back of the DPW garage? i Ken Vincunas — No, it's under contract. It's still being tied up by the Endangered Species people. Councilor Rossi- Oh so you haven't actually taken— • Ken Vincunas —Five years coming up. Councilor Rossi - You haven't taken title to it? No, okay. Let me ask you —have you ever or do you now have an interest in that property on Garden Street? Ken Vincunas —I think it's a great site because of its highway location. We just haven't had a user for it. I don't have any plan or user for it now. I even thought of offering to Mr. Russo if this didn't go his way and he wanted to get out, I would work with him to take it off his hands. I feel that strongly about that as a business use. i Councilor Rossi— I was just wondering why the property's been available I know going back at least fifty years and I was just wondering why you just never made a move on the property. Ken Vincunas — We've had other projects. We've done 2, 3, 4, 5 projects a year as you've noted. I just can't do everything. Councilor Rossi—Thanks. President Rheault—Any other Councilor? Councilor Walsh? Councilor Walsh — Mr. Vincunas, it was pointed out at the sub-committee meeting the other night that the property itself is very poor for the ability of a truck to turn around in that area and I was wondering if you agreed with that and if so, how does that affect the usability in the future? i Ken Vincunas — I appreciate that. The topography that makes that a challenging site. You would have to be very creative. You would have to have more of a high-tech office retail, something that didn't require a lot of large trucks, maybe a straight body truck but a tractor trailer may not work there so you'd have to — that's maybe one reason why people haven't used it. They couldn't come up with a use that didn't require or didn't eliminate the use of big trucks. I've seen a plan where it works. You've seen it too probably, the plan that the group in the Agawam Park put together there and they were gonna put 37,000 feet of industrial on there and it works, it's not pretty. It had retaining walls as someone noted but it's possible but the value of that site being close to the highway makes it. Somebody that will be a business use if it's not converted now, I do i believe that. Anybody else? r 15 President Rheault — Excuse me, you mentioned the Industrial Park and it is a jewel, regional industrial park. I was on the Council back then when we voted to have • WestMass come in and develop it but we've got residential right across the street which compliments it, it doesn't impact it at all. I lived on Garden Street for quite a while right exactly where the exit it and at that time there was a business there and there was all residential so there was a mix at that time and there's some residential here and small businesses off of the bottom of the Garden Street area. I also was involved with the zone change at Mansion Woods and the people at that time resented condos, that lived across the street because they felt that it was an impact on their property. Well you've since found out over time that's one of the crown jewels of Agawam as well because of it's egress and access and condos really compliment that area so we're taking a good look at this. It's not an easy decision and I'm looking down the road because I've been around longer than anybody up here and I really don't see any dramatic impact to the town either to the neighbors or I've looked at it and business-wise from the presentation the other night, I think it would be extremely difficult for any major business at least to come in there because of the slopes of the land and I think that Mr. Russo's presentation lended some credibility to itself by looking and I think you've even agreed it's a good fit. What happens 35 or 40 years from now? I don't know. I'm sure that eventually, it's been • vacant now over 50 years and there's been no activity on it so the town has lost revenue for the last fifty years in my opinion and condos at that time weren't popular but they are now and so that's my comments on that. Ken Vincunas —Well, a fellow here mentioned that if someone were to take his property • at 279 Garden Street and wanted to do a new project there, after this condo development's in, I think we all know the condo people will object to it because it's a residential area now and if someone were going to build an industrial property on that or business property, the residences on both sides would complain. You get a lot of that with residential mix and business because they're there, they're trying to have different interests in life and that will happen more and more. This property, I acknowledge, this property is very difficult. It wasn't on the top of my list for all those same reasons but there are other properties and I just caution that the Council to consider this a precedent for what you will probably get in the next six months more than one request to change a business zone to residential again. That's all I'm saying. • President Rheault — Well, then the Council will weigh each for the fit of the property. Thank you very much. Oh, I'm sorry, Councilor Mineo? Councilor Mineo—How long has your business been here in town? Ken Vincunas—I came in in '88 when the building had been built in I think '85. Councilor Mineo — I just got one question. I know Mr. Russo had did a project off of Garden Street and I don't know if there's some other houses on Garden Street if he had done that project. Did you have any opposition against when he did that development and it's a fine development that he built off of Garden Street. • 16 Ken Vincunas —I'm not familiar with it. Councilor Mineo — I can't remember the name of the street. Does anybody know the name of the street? President Rheault — I don't know the name of the street but it's opposite the regional park. • Councilor Mineo — Right, I mean, to me that seemed like he did a fine job on that project. I mean it's a beautiful street, beautiful homes, and did you come before the Council back in the 90's when that project was proposed because that's directly across from the Industrial Park. Ken Vincunas — You know if it was business zoned or industrial zoned and it was converted to housing if I were watching I would have said the same thing then that I'm saying now — to take a use that is off the highway, designed for that cohesive business area— Councilor Mineo—I'm sure and I don't know— Ken Vincunas—Nothing against Mr. Russo. Councilor Mineo - I was not on the Council then. I have no idea if there was a zone change for Logan Place or not maybe somebody else knows that but I don't see any problem with what Mr. Russo did over there. I mean it's a nice piece of property. There's a lot of home owners there. I think the project was done very well. President Rheault—Any other comments? Councilor Magovern? r Councilor Magovern —I just wanted to say that this book that was prepared with all the commercial property which was available in town I think is just tons of available property that I wish that you could get your thought going with some of these other properties and develop some of the properties that are available already because I really think that we should get a lot more industrial land going. I've spoken to you about industrial possibilities for Agawam and they should be developed and gone for but this is one that's a bird in the hand as far as I'm concerned and Mr. Russo does a wonderful project. I don't see, I've walked, I've seen that property, I've looked over that property, I see no way that any major industrial use is gonna come from it. It's had fifty years for r somebody to come forward, nobody's come forward. We've got somebody here that's gonna give us forty to sixty jobs over the next three years plus an $11 million tax base, you know, I for one think very, very positively about this project and what we should be doing with it but I want to thank you for what you've done with Agawam Crossing. I think that Agawam Crossing building is beautiful and I know how many years you waited to put that piece of property together and you're to be commended for it and I would like 0 to think that we could get a few more of your developments going in this town. 0 17 i Ken Vincunas —Well, good things take a long time. President Rheault—Thank you, Ken. Anyone else who would like to come forward and speak on its behalf? Anyone who would like to come forward in name only recorded in favor of the project? Rob Leveque - Thank you. I would just like to clarify our discussion at the sub- committee meeting regarding Travis Ward. We have a ton of respect for Travis as well but we feel Mr. Vincunas' statements about Travis are very accurate. If it was misconstrued, we did not have a concern about malintent on behalf of Mr. Ward. We truly believe that he believes that this property is best for industrial use —just to clarify. Thank you. 0 President Rheault —Thank you. Anyone who would like to come in opposition in name only? Any further questions by the Council? If not, I now declare the public hearing closed. I'll entertain a motion to put the item on the floor. Moved by Councilor Rossi, seconded by Councilor Messick. Any comments by the Council? Councilor Bitzas? 0 Councilor Bitzas — I believe we should let Councilor Messick give the report before I speak. President Rheault — Oh, I'm sorry, I shut her off. You're not speaking — you've got to speak up, come on. Councilor Messick — I can't really add anything to the presentation that Mr. Leveque gave other than to say that the committee is sending a positive recommendation to the Full Council on this matter. President Rheault -- Thank you and I'm sorry for not coming back but you understand why I put you at the end? Councilor Messick—Absolutely, yes. • President Rheault—Okay, Councilor Bitzas? Councilor Bitzas — Yes, Mr. President. I walked on the property a couple times and I can't find anything wrong. I cannot see any reason to vote against the change to allow the project for Russo Construction. As you probably picture the property, it's a house on . the right sides and a house on the left sides — two homes there that border the property and lots farther on the right another housing project. I don't see any problem. That project will make the area a lot better and we have to be in these times to think about jobs and forty jobs, it's a lot for Agawam and I hope Mr. Russo we employ Agawam people and as he said I believe you will do so. We have to show that we are business friendly and residential friendly. We cannot say okay we're not gonna have people come here 0 into Agawam anymore and I do agree that when we have a condominiums they're not usually occupied by many people with many kids, they want to have their own yard to 18 • play, small like professionals and $11 million project will generate taxes to our town. For that and the other when the gentlemen spoke about the property, I hope with this project his property will get more valuation than devaluations. I don't know. I hope we will see a lot more of betterment and somebody who can offer more money for his property there. It would be a plus and I'm in favor for it. Thank you. President Rheault—Jill, did you want to speak? Councilor Messick? • Councilor Messick— Thank you. I initially had a negative reaction to this zone change request for the very reasons that Mr. Vincunas was just speaking about as far as the reason for zoning and the reason for having a zoning map and the reason for going through that whole process is so that you can plan out and you know where things are • supposed to be. In this particular case, being familiar with the site, being familiar with the difficulties in selling it and in using it and being very familiar with that area, it is a hodgepodge of residential. There are duplexes there. There are single family homes. Mr. Vincunas is absolutely correct when he says it's a very desirable piece of property because of the highway access and that's a fantastic boom for anybody who wants to develop there but that also makes it very attractive to be a residential property. I have • some reservation about the statements about it's not likely to attract very many children. I suspect there might be more than 4 to 6 children living in the 41 units by the time it's done but I think that—and I also suspect that we'd have a better guarantee of that if it was over 55 housing which I would be very much in favor of -- but I think all in all completely aside from the fact that Mr. Russo does such a fantastic job, this particular • piece of property obviously has not been developed as an industrial piece of property. It has a lot of challenges and I think that the fit is very good for condos to be developed there. So after giving it a lot of thought and as I said I had reservations, I think I'll be voting in favor of the zone change. • President Rheault—Thank you. Councilor Rossi? Councilor Rossi—Thank you. I had a chance to review the proposed property and I did read over the minutes of the Planning Board and the opinion of its Chairman, Mr. Ward. There's a couple of things that he had mentioned. I agree with the fact that residential • can represent a negative deficit on the community however, these are condominiums and condominiums as everyone knows is not a net deficit on the community. It's not a drain on the services or the tax base at all and if you really look and research condominiums in general and I hate to speak in general terms but for the most part condominiums do not attract a large number of children and the incompatibility with development at the current # uses and mixed uses, well I think if anybody's really followed my track record on the City Council, they know I'm never in favor of mixed uses and spot zoning. I've argued vehemently against that type of thing especially on Springfield Street we have some issues, other issues down on River Road where I did not agree with that type of zoning but again I had a chance to look at this area and I know the area very well. I grew up in that area. As a child, an adolescent growing up, as a teenager I walked through there to • go swimming down at the old Dominic's swimming hole if people will remember that and I know that that property's been vacant for a very, very long time. Commercial 0 19 property I think on the right circumstances might go well but there isn't anything forthcoming. There hasn't been and I don't think there's gonna be in the very near future. This I think is a very viable project. I think it's gonna be an enhancement for the area. I don't think it's gonna be a detriment on the commercial property that is there. I don't see how that the commercial areas could be affected in any way. They're zoned commercial. If anybody wants to expand their property, they certainly would have a right to do that under the current zoning laws. So I would have to say that the best usage for • this property at this particular point in time and further on down the road as I said earlier, I think the best use for this property is this type of a development. I can't see anyway that the town could lose on this type of a development. I don't see where it would be a deficit to the town. I think it would be a boost of the tax base and I think that it could be a nice enhancement to the area so I think I would vote in favor of the project and I'm glad ' to see that finally someone came through with a use that would enhance this area and would benefit the community so I would be in favor of the project. President Rheault—Thank you. Anyone else? Councilor Mineo, I'm sorry. Councilor Minco — I just wanted to say that I'm in favor of this. It definitely has been 0 vacant for years and years and years. I mean for anybody's property that's gonna lose any value whether it's a business or whether it's residential I just don't see it happening. I mean if there's no way that we're gonna develop it for business, then I think we need to use it for something and definitely it's a win/win situation for us especially for the tax base. • President Rheault— Without the risk of playing musical chairs, oh I'm sorry, Councilor Walsh? Councilor Walsh — Yea, I just wanted to basically state that in general I would be against such a zone change, agreeing with Ms. Messick on this but I think in this particular case I think I'm looking at it as a case by case basis so that I think I would be in favor of this one but in general I would not be in favor of zone changes wholesale so to speak. President Rheault—Councilor Magovern? Councilor Magovern — I just wanted to reiterate what Councilor Walsh said because I've been, when I grew up in this town I used to drive around town and I'd look at all the hodgepodge of buildings here, there and everywhere else and I often thought that it was a travesty in this town that we had such hodgepodge zoning and I was glad that we had a Zoning Board that came in and we really tied things down —in the Industrial Park—parts behind Silver Street, etc. but this case again it's a piece of property that hasn't been developed. I think that to develop that piece will bring development across the street, will bring development further up Garden Street and it can be nothing but a plus to everybody. I'm totally in favor of the project. I think it's gonna be an asset to the entire stretch along Garden Street not just this one piece of property but to the adjoining pieces of commercial property across the street. 40 20 President Rheault—At the risk of having to play musical chairs, does the Council have any objection for my speaking from here? All right. Without being redundant about everything, I used to live as I told you on Garden Street and at that time there were businesses mixed with residential and it hasn't changed today. The use of that land I just can't see any other fit really than what is being proposed in front of us. Way back when Mansion Woods used to be a piece of property dormant and was dormant for several years and I took the initial stand on that Council that lead to the first zone change because I felt that because there was egress and access right off the highway, there was nothing any more productive back into the town coffers than condo units and 1 think the same prevails here. I find it very difficult for any business to develop in there of any significance and in future years we'll address each one as they come up in front of us but • the issue in front of us tonight is this zone change and I wholehearted support it and I hope that the Council up here does as well. Thank you. Barbara would you please call the roll? Councilor Cichetti—Mr. President? President Rheault--I'm sorry, Councilor Cichetti? Councilor Cichetti — I just would like on the record I would like to let everyone know I will abstaining because of my working relationship with the petitioner. • President Rheault—Thank you. All right. Barbara? ROLL CALL — S YES, 0 NO, Z ABSENT (Councilors Letellier and Perry), 1 ABSTENTION (Councilor Cichetti) President Rheault — Eight yes, two absent, one abstention, you've approved the zone change. Congratulations Mr. Russo. I'm sure you'll do a good job. Rob Leverlue —Thank you very much for your time. Item 10. Old Business 1. PH-2010-8 -[ZC-2010-2 (TO-2010-35)]Public Hearing Date set for November 15,2010 on the Matter of a Petition by Tirone Development Corp., as prepared by Anderson Associates,375 Walnut Street Ext.,Agawam,MA for a proposed Zone Change on the vacant lot located at the corner of Spencer • Street and Maple Street in Agawam,MA. (Referred to Zoning Review Committee) President Rheault — I would ask for the report at the next meeting because that's when the public hearing will be held. i 21 • 2. TO-2010-36 -An Order Granting or Renewing a LICENSE for a Class 1 Dealer—G&T Beaver,Inc. d/b/a Beaver Camper Service,721 Springfield Street,Feeding Hills,MA. (Referred to the License Committee) (Clerk) President Rheault — I'll entertain a motion to put it on the floor? Moved by Councilor Rossi, seconded by Councilor Walsh. Councilor Rossi? Councilor Rossi — Yes, thank you. We got together with the Licensing Committee and we unanimously agreed to send a positive recommendation and if I may, Mr. President, I would entertain a motion to consolidate items TO-2010-36; An Order Granting or Renewing a LICENSE for a Class I Dealer — G&T Beaver, Inc. d/b/a Beaver Camper Service, 721 Springfield Street, Feeding Hills; TO-2010-37 - An Order Granting or Renewing a LICENSE for a Class II Dealer—A-C-E Auto Body—Sales, 1363 Main Street Agawam; TO-2010-3 8 An Order Granting or Renewing a LICENSE for a Class 11 Dealer -- Auto Kraft, 119 Walnut Street, Agawam,MA. President Rheault—And it's positive on both those 37 and 38? • Councilor Rossi--It was a positive on 36, 37, and 38, that's correct. President Rheault — I'll entertain a motion — the motion's been presented by Councilor Rossi and seconded by Councilor Messick to 36, 37, and 38. Barbara, could you please call the roll? ROLL CALL—9 YES,0 NO,2 ABSENT (Councilors Letellier and Perry) President Rheault—Nine yes, two absent, you've approved those licenses. 3. TO-2010-37 -An Order Granting or Renewing a LICENSE for a Class II Dealer—A-C-E Auto Body—Sales, 1363 Main Street Agawam, MA (Referred to the License Committee) (Clerk) President Rheault— See item 2 above. 4. TO-2010-38 -An Order Granting or Renewing a LICENSE for a Class 11 Dealer—Auto Kraft, 119 Walnut Street,Agawam,MA.(Referred to the License Committee) (Clerk) President Rheault—See item 2 above. 5. TO-2010-39 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—Buc,Inc. d/b/a Buccaneer Lounge,84-86 Maple Street,Agawam,MA. (Referred to the License Committee)(Clerk) President Rheault — Moved by Councilor Rossi, seconded by Councilor Messick. A report from the committee please? 22 ! Councilor Rossi—Thank you, Mr. President. Again a positive recommendation from the entire committee to send to the Full Council to positively approved TO-2010-39 An Order Granting or Renewing a LICENSE for an AutomaticAmusement Device(s) — Buc, Inc. d/bla Buccaneer Lounge, 84-86 Maple Street; TO-2010-40 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s) — The QUEST, Inc., 1251 River Road, Agawam; TO-2010-41 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s) — F.S.F'., Inc. d/b/a Riverboat Bar & Grill, l 1 South End Bridge Circle; and TO-2010-42 - An Order Granting or Renewing a LICENSE for an Automatic Amusement ! Device(s)—T.J. Sporthouse, 1664 Main Strcct, Agawam, MA. President Rheault — Motion is to accept TO-2010-39, -40, -41, and -42 all in one motion. Moved by Councilor Walsh, seconded by Councilor Messick. Any discussion? Will the Cleric please call the roll? • ROLL CALL—9 YES, 0 NO, 2 ABSENT (Councilors Letellier and Perry) President Rheault—Nine yes and two absent, you've approved the four licenses. S 6. TO-2010-40 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—The QUEST,Inc., t251 River Road, Agawam,MA. (Referred to the License Committee) (Clerk) President Rheault—See item 5 above. 7. TO-2010-41 - An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—F.S.F.,Inc. d/b/a Riverboat Bar& Grill, 11 South End Bridge Circle, Agawam,MA. (Referred to the License Committee) (Clerk) President Rheault— See item 5 above. 8. TO-2010-42 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—T.J. Sporthouse, 1664 Main Street, Agawam,MA. (Referred to the License Committee) (Clerk) ! President Rheault— See item 5 above. Item ]]. New Business 1. TO-2010-43 - An Order Granting or Renewing a LICENSE for as Automatic Amusement Device(s)—American Legion Post#185—Wilson Thompson,478 Springfield Street,Feeding Hills,MA.(Clerk) President Rheault—Next Agenda and referred to the Licensing Committee. 2. TO-2010-44 -An Order Granting or Renewing a LICENSE for an r Automatic Amusement Device(s)—Polish American Club of Agawam,Inc., 139 Southwick Street,Feeding Hills,MA. (Clerk) • 23 President Rheault—Next Agenda and referred to the Licensing Committee. r 3. TO-2010-45 -An Order Granting or Renewing a LICENSE for an Automatic Amusement Device(s)—West Springfield Fish & Game, Inc.,329 Garden Street,Feeding Hills,MA. (Clerk) President Rheault—Next Agenda and referred to the Licensing Committee. 4. TO-2010-46 -An Order Granting or Renewing a LICENSE for Class II Dealer--Elmwood—D&J Auto Sales,521 River Road,Agawam,MA. (Clerk) President Rheault—Next Agenda and referred to the Licensing Committee. • 5. TO-2010-47 -An Order Granting or Renewing a LICENSE for a Class II Dealer--Dino Carando d/b/a Euro Imports, 175 Main Street,Agawam,MA. (Clerk) President Rheault—Next Agenda and referred to the Licensing Committee. 6. TO-2010-48 -An Order Granting or Renewing a LICENSE for a Class II Dealer—Garden Auto Sales and Service,204 Garden Street,Feeding Hills, MA. (Clerk) President Rheault—Next Agenda and referred to the Licensing Committee. 7. TO-2010-49 -An Order Granting or Renewing a LICENSE for a Class II Dealer--Luigi's Auto Sales,Inc.,371 South Westfield Street,Feeding Hills, MA. (Clerk) President Rheault—Next Agenda and referred to the Licensing Committee. 8. TO-2010-50 -An Order Granting or Renewing a LICENSE for a Class 11 Dealer--Town Motors,11,393 Main Street,Agawam,MA. (Clerk) President Rheault—Next Agenda and referred to the Licensing Committee. 9. TR-2010-46 -A Resolution Adopting a Residential Factor of.823121 Pursuant to Massachusetts General Laws,Chapter 40, Section 56(Set Public Hearing Date Suggesting December 6,2010) (Mayor) President Rheault--- Any problems with that? If not, so be it and that will be referred to the Finance Committee. Item 12. Any other matter that may legally come before the CfE Council. President Rheault—Councilor Messick, you may start. Councilor Messick—I have nothing tonight,thank you. 24 President Rheault—Thank you. Councilor Cichetti? • Councilor Cichetti — Yes, I just have two quick things Mr. President. I just want to let the parents know down in the Phelps' area that did contact me. We did go out, me and Councilor Rheault met with Tony Albro and Principal Urbinati and did assess the situation with the gymnasium floor. It has been repaired very nicely. We did get some information from Tony Albro that they will be replacing it in the spring and summer months and one other thing. I would just like to congratulate the kids up at the high school for winning Western Mass for the golf division of the high school. Thank you. President Rheault—Thank you. Councilor Walsh? ! Councilor Walsh — Yes, the Finance Committee met on October the 27t' at the Senior Center and the second item that we had for discussion that night was of Free Cash which had been requested of us. The Free Cash was prompted by the concern that amount being $4.8 million in the General Fund, Cheryl St. John mentioned that she expects that two million dollars should be used prior to our year end in June. Councilor Rossi and Councilor Perry expressed concern with the pattern over time of a large amount of Free Cash and that the taxpayers might question why it wasn't being applied to reduce the tax rate. After further discussion there was a motion by Councilor Rossi and seconded by Councilor Perry to recommend to the Council to accept the report of Free Cash as presented. The vote was 3 —0 in favor and that's all I have tonight. Thank you. • President Rheault — Thank you. My apologies for overlooking that. You should have said that up front but there was so much going on here. Councilor Walsh —I get it in sooner or later. President Rheault—I knew you would. Councilor Rossi? Councilor Rossi — Yea,just briefly. Barbara, if you would, I'd ask you to send a memo to the Clerk's office. I spoke to my committee concerning Beaver Camper transfer, it was short the bonding issue. I'm sure it was an oversight but I did mention to the committee that I would ask that they contact Beaver Campers and ask that they would submit the bonding, the proof of bonding for their license and also if you would schedule some time prior to the next Council meeting, probably 6:30 or so for a Licensing Committee meeting if that's okay with my committee, Councilor Simpson and Councilor Magovern? Thank you. President Rheault—Councilor Mineo? Councilor Mineo —Nothing this evening. • President Rheault—Okay, Councilor Magovern? 25 • Councilor Magovern —Very briefly, I just wanted to thank everybody that went out and voted yesterday. The results weren't what I wanted but by the same token, I'm very, very happy with the fact that I did as well in Agawam as I did and I did call our new State Senator-elect James Welsh to wish him well and if there's anything I could ever do as a City Councilor to speed along some things to come our way here in Agawam like the completion of our bridge and the completion of 57 and few other projects, that we're here to serve him and help. So again, thank you very much for getting out and voting and I * will remain on the Council and do as great a job as I can. Thank you. President Rheault—Thank you, Councilor Simpson? Councilor Simpson—Nothing tonight,thank you. President Rheault—Councilor Bitzas? Councilor Bitzas — I just want to give kudos to all the Agawam voters that went out to vote. It was such a high turnout and that's great for democracy and congratulations to the people who went out to vote for their choices. Thank you. • President Rheault — Thank you and I have nothing so I wish each one of you a good evening and I'll entertain a motion for the end of business. All those in favor? Opposed? The meeting is over. Good evening. • Adjournment. • • • • * 26