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TR-83-19 TR-C6-�5 --1Cl a - lb TOWN OF AGAWAM, MASSACHUSETTS Order of the Town Council Granting ,.;, Solid Waste Disposal Financing Powers to the Agawam IDFA and Approving Industrial Development Facilities for Citizens Resources Company and _ . h2pr2ying Indg L"l RevenLie Doo0ds Therefor WHEREAS; The acquisition, construction and equipping of certlain real and personal property comprising solid waste disposal facilities (the "Project") , including facilities for the manufacture of electricity or steam primarily from solid waste, to be owned by Citizens Resources Company (the "Borrower" ) or a subsidiary or other party related thereto and used by it for the disposal of refuse, garbage and waste has been proposed for the Town of Agawam (the "Town") , consisting generally of: M construction, on land leased to the Borrower by the City of Springfield located in the Town of Agawam, of a building to contain solid waste disposal and energy and material recovery equipment and other buildings and ancillary structures to be used in connection therewith; and (ii) the acquisition and installation of solid waste handling and incineration equipment, energy and material recovery equipment, pollution control equipment and other personal property suitable for use by the Borrower in its business; and WHEREAS: The Borrower agrees that it will make payments sufficient to amortize the principal of and pay the interest on industrial revenue bonds of the Town issued to pay costs of the project and current expenses, if any, of the Town incurred in connection therewith; and WHEREAS: The total estimate cost of the Project is $31,000,000.00, all of which is to be initially financed by industrial revenue bonds has contributed to induce the Borrower to undertake the Project ; and WHEREAS: The financing of the Project under the provisions of Chapter 40D of the Massachusetts General Laws (the "Enabling Act") appears feasible. WHEREAS: Assisting the Borrower to finance the acquisition, construction and equipping of the Project in the Town will alleviate unemployment in the Town and provide security against future unemployment and will provide a benefit to the economy of The Commonwealth of Massachusetts. 3� WHEREAS: The Council, by adopting the order set forth herein or by taking other action in connection with the Project or the related bonds (including the issuance by the Town, acting by and through its Industrial Development Financing Authority, of such bonds) does not and cannot provide any assurance that the Project or the Borrower is financially viable or sound, that amounts owing on such bonds will be paid, that any collateral which may be pledged to secure such bonds would be sufficient to repay holders of such bonds in the event of a default, or that interest on the bonds will be exempt from federal or Massachusetts income taxation; and neither the Borrower nor any prospective purchaser of such bonds nor any other person shall rely upon the Town (including without limitation this Council) with respect to such matters; WHEREAS: Pursuant to section 21 of the Enabling Act, a city or town may declare that an authority is needed for the financing of solid waste disposal facilities, such declaration to be separate from the declaration that an authority is needed to finance industrial development facilities: and WHEREAS: On November 5, 1972, this Town declared that an authority was needed to finance industrial development facilities and thereby created the Town of Agawam Industrial Development Financing Authority (the "Authority" ) . NOW, THEREFORE, BE IT ORDERED: (1) That the Authority shall be and hereby is granted solid waste disposal powers pursuant to said section 21 of the Enabling Act. (2) That the Town Council as the governing body (as defined in Chapter 40D of the Massachusetts General Laws) of the Town approves the Project, its estimated cost and the financing of the Project through the issuance of Industrial revenue bonds pursuant to said Chapter 40D. Said bonds shall not pledge the faith and credit of the Town. (3) That it is intended that this approval shall constitute official action toward the issuance of the aforesaid bonds to the extent, if any, required by the regulations under Section 103 (b) of the Internal Revenue Code of 1954, as amended (the "Code") , and it is also the intent of this Council that this approval shall serve as an inducement for the Borrower to undertake the Project. -2- REGULAR COUNCIL MEETING OF THE AGAWAM TOWN COUNCIL October 3, 1983 Item 6.1 TR-83-17-Resolution (Con't) Page -4- ROLL CALL - 5 YES (Councilors OeLucchi, Kerr, Lacienski, Rheault and Shaughnessy) , 8 NO, 2 ABSENT. President Rheault - You have defeated the resolution. 7 Item 6.2 TR-83-19-Resolution-Ener Recover Project (Pres. Rheault). President Rheault - That is a resolution that I've discussed. The Vice President is not in attendance this evening and I would now call on the senior member of the Council, if he would to take the Chair, Councilor Gallano. COUNCILOR GALLANO CHAIRING Councilor Rheault - (Reading as follows) : _ - RESOLUTION WHEREAS, the City of Springfield's sanitary landfill on Bondi's Island has less than three years remaining capacity, as presently permitted, unless vertical extension is granted and; WHEREAS, the Town of Agawam is dependent on this site for disposal of its municipal solid waste; and WHEREAS, the City of Springfield is planning and soliciting proposals for an energy recovery project with proposed location on Bondi's Island which would serve other participants in its Wastewater Treatment Plant for twenty years or longer; and WHEREAS, the City of Springfield has indicated that the proposed energy recovery project will assure the Town of Agawam a long term weans of solid waste disposal, at a reasonable cost, and a host community payment From its location on Bondi's Island; and WHEREAS, the City of Springfield has asked the Town of Agawam to participate in the project; as the host community for the Energy Resource Facility and Residue Landfill Facility; and �,. NOW, THEREFORE, BE IT RESOLVED, that the Town of Agawam support the City of _x Springfield in its solicitation of proposals for an environmental sound, long term energy recovery project and will consider negotiating a long term agreements to deliver its municipal solid waste to the project after technical/cost proposals t' both the Energy are received and reviewed and to seriously consider the siting of bo Resource Facility and extension of the existing Landfill in the Town of Agawam on the Properties currently owned by the City in the Town used for the Wastewater Treatment Plant, City Garage, and Sanitary Landfill. Seconded by Councilor Lockhart. Councilor Rheault - As I mentioned to you last week, to the Council that the Rayor, the Town Manager, myself and four or five other DPW people involved in the City of Springfield met for about an hour and a half and addressed the very prapblem Of this resolution. The resolution says one thing. It says that we in Agawam are concerned about where we are going with the landfill. What our capacity is for the length Of time left. How we are going to resolve it and it simple states that we are willing to sit down and negotiate with the City of Springfield the feasibility of a solid waste REGULAR COUNCIL MEETING OF THE AGAWAM TOWN COUNCIL October 3, 1983 Item 6.2 TR-83-19-Resolution (Con't)_ __- _ - Page -5- ^` Councilor Rheault (Con't) recovery system jointly, if not with other surrounding communities. All it really does, is to give them an indication that, yes we are very conscious of the fact that there is a problem and we are more than willing to 'sit down and try to resolve this. As you know, tomorrow evening we have a meeting with joint communities in west Springfield and on Wednesday we have a scheduled bus trip to see this very system in operation in Pittsfield. I think, without question, that the resolution is solid. It gives them a strong indication as to our feelings here and our willingness to cooperate. Councilor Nardi - I heard a lot about these just give us an indication bids before and then we find ourself involved in whatever they might be. I am for a regional refuse disposal plant. But, I think that it's high time that we put some of these things in another town besides Agawam. Longmeadow has a nice meadows over there, lets put it over there. Lets find a place in Springfield. We've got the water works, we've got the sewerage disposal, we've got the dump, we've got the dog pound coming in and I think ` it's high time that we put something somewhere else besides Agawam. There is an awful stench from that sewerage disposal. The dump doesn't really do anything for the estatic.s of Agawam and I think that we have to look to some. other towns to have them share some of the burdens of putting these things in their locations. Councilor DeLucchi - Through the Chair to Mr. Rheault. What I understand now that after the present site is, where we're dumping now, if we have to take it over to, I take is in Chicoppe, would cost between $20 and $35 per ton to dispose of the waste that we have here in Agawam. How Much of a cost per ton would it cost us, if this proposal will win through the Town of Agawam? Councilor Rheault - If I may, Mr. Chairman, the exact cost at this point is not known, because what they will do is first establish a suitable site for project to go. That has not been established incidentially, Councilor Nardi, They're also looking at a couple of sites in the City of Springfield at this point. Obviously were we are located is one of interest, because we could use that energy to reduce that cost of operation by generating steam for the facility right next door and less than 5% of this refuse is what remains after it's burned. So, that's why they addressed this that there would be enough area for better than 20 years. They've told me and I have expressed that particular feeling to them. that I am not satisfied with the stench and they say there is some type of a system now that eliminates the moisture or water content from whatever remaining particles are left and that is the reason why you get that stench. They've, as I think if you can attend that hearing, they'll address, that they are sectioning off part of that, they are very cognizant of the fact that we're not too happy with the end product result, the odor from it and that's a major concern of theirs as well. They want to satisfy that for one thing. The cross fact that we also discussed and there is nothing firm because this will go out on a bid basis, ballpark figures are in the proximity of somewhere in the low 20's or possibly even less a ton instead Of going over at 30 or may be even better to . . . That has not been established yet, so I don't want to mislead anyone to belief that it's going to be $20 a ton. They are doing everything they can and the more communities obviously that join us, the reduction will be there. As well as you see here in the fourth paragraph, that the Town Of Agawam, depending on how we negotiate this out, could very well be the host community Payment from its location. So, we could in fact collect a royalty- from all the towns Participating for the amount of tonage that's disposed of. So, we would be obviously at the most advantageous position. Primarily because there is a site, if we're willing to sit down and negotiate that out. But, as far as a firm price., I don't think anyone at this point could tell you exactly what it will cost, but it certainly will be reduced if we are all willing to ,join hands together. r Councilor. Kerr - Question to Councilor Rheault. Did I hear you directly, the steam would be used next door in a sewerage plant to process the sewerage properly? Because REGULAR COUNCIL MEETING OF THE AGAWAM TOWN COUNCIL October 3, 1983 item 6.2 TR-83-19-Resolution (Con't) Page _6- Councilor Kerr (Con t- ) that would be a big asset, Because that piant was intended to• use steam to break the sewerage bacteria down, which never was applied. Councilor Shaughnessy - To Councilor Rheault through the Chair. By passing this resolution are we authorizing negotiations to start a point in time? Councilor Rheault - If I may, my understanding of this resolution is to say yes, Agawam is willing to sit down and trying to resolve the differences and to establish some site and location, whichever may be the most practical. Councilor Shaughnessy - In other words, we're authorizing negotiations at some point in time when they're ready, they will come commence. Councilor Rheault - That's correct. Councilor Shaughnessy - There will not be any further action by this Council then? Councilor Rheault -- Not until that point. Councilor Paleologopoulos - To Councilor Rheault through the Chair. In the resolution there is reference to the fact that the present landfill has less than three &. years remaining capacity and at the end, it says that we would consider extending the existing landfill. I would assume beyond that period of time. Is there any time indication as to how long this would take? Councilor Rheault - What, for the construction of this? Councilor Paleologopoulos - Well, yes, it says that the landfill that we presently have has less than three years capacity unless vertical extension is granted and then later on it says that we will consider extenting the existing landfill beyond that period of time. Councilor Rheault -- Actually, what would take place hypothetically, if the plant was located down where the City Garage is located currently, they would utilize the energy created and steam generating process to reduce the electric bill in one side. Obviously if there is only 52 of residue left, that's going to extend the landfill for a long period of time, because there is very minimal amount that would be put in there compared to what's being put in there now. They anticipate that if we sat down and got together on this that within about two years this would be in operation, the constructor is ready to go. So, it would just about balance out the time left on that landfill, if, that's present dumping taking place. Mr. Caba - If I may, Mr. Chairman, I would just like to add to what President Rheault has already said, but, we got a serious problem in that we're looking at it from a selfish viewpoint, because in the event, right now it's costing us over 200,000 just for the curbside pickup. Here we're looking at probably a couple of benefits because we've got the sewerage treatment plant here already. The by-product generated the steam here may be correcting a situation there and then the other thing that Don did allude to was the fact that being the host community, if they correct all the odors and everything like that, we would be in a position to get about $1.13 I think a ton and also any residue coming out of that endproduct there will be an additional 58 Cents a ton for whatever limited landfill that we would have to use. It's very important, I think for all the Councilors to attend that meeting tomorrow night, because I am sure a lot of our neighboring communities are going to be there as well and depending on what the turnout is going to be and the interest is going to be the moving factor where this is going to go. If, not, we're going to be looking at REGnAR COUNCIL MEETING OF THE AGAWAM TOWN COUNCIL October 3, 1983 item 6.2 TR-83-19-Resolution (Con't) Paae_--7- ?ir Caba (Can't) some serious charges down the road probably double what we are doing right now. Chairman Gallano - Any further comments? Lets call the Roll. All in favor yes, all opposed Lto. ROLL CALL - 13 YES, 2 ABSENT. Item 7. Elections None. Item 8. Public Hearin&s .(1 I. PH-83-25-(TO-83-183)-Used Car License-Ralph J. Bottaro, Jr. , 28$ Walnut St. , Agawam (Conduct Public Hearing) . President Rheault - I now delcare the public hearing opened (8:30 P.M.) . Mr. Bottaro ' or his representative please come to the microphone, if he chooses to. State your name and address Eor the record, if you would please. Any comments that you would like to make to the Council at this time would be received. Ralph Bottaro, 175 Aiaple St. , Agawam. President Rheault - Do you have anything to say with regards to it or do you s just want to open? 4; Mr. Bottaro - Yes, my only intention is I don't want to turn a town house into a . car lot. Basically f will wholesale cars at an auction. 'There won't be any cars parked ' at the town house, that's it. President Rheault - Any questions from the Council at this point? Councilor DeLucchi - Mr. Bottaro, in other words, you're dust looking for an office space and you want that address as an office. Mr. Bottaro - Right, just a business address. Councilor Shaughnessy - Wasn't there cars parked there either this weekend or the last weekend in the drive? Mr. Bottaro - Those are from the clinic across the street. They aren't used cars. In fact, we don't even want the cars parked there.. Councilor Shaughnessy - You don't want any used cars, sir, on the premises? Mr. Bottaro - No, I really don't. They will go straight to the auction block either in Town . . . or in Town Windsor. Councilor Shaughnessy - If the Council then would put down as a restriction that na car would be, you have no problems with that? Mr. Bottaro - Ah, yup. Councilor Shaughnessy - One other question. We have a lay-out plan and it shows a fifty by looks like one hundred space here and it shows four cars. TOWN OF AGAWAM ��• ;;� 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413.786-0400 �D Mpy _j October 11, 1983 The Honorable Michael C. Creedon House Committee on Ways & Means State House, Room 237 Boston, MA 02133 j Dear Mr. Creedon: The Agawam Town Council by a unanimous vote on September 6, 1983 supports House Bill 3069 relative to Senior Citizens Bingo. Sincerely, `-"��,n' t Ursula Retzler Clerk of the Council cc: Senator Linda Malconian State Rep. Michael Walsh Town Manager Town Clerk A� R . TOWN OF AGAWAM q; fit 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y Tel. 413-786-0400 October 4, 1983 John Lyons, Director Department of Public works 1600 E. Columbus Avenue Springf ield, MA Dear Mr. Lyons: Pursuant to your conversation with President Rheault, this is to confirm the approved unanimous vote of those present regarding the attached resolution. Sincerely, Ursula Retzler Clerk of the Council cc: Town Manager Town Clerk TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-ID400 RESOLUTION WHEREAS, the City of Springfield's sanitary landfill on Bondi's Island has less than three years remaining capacity, as presently permitted, unless vertical extension is granted and; WHEREAS, the Town of Agawam is dependent on this site for disposal of its municipal solid waste; and WHEREAS, the City of Springfield is planning and soliciting proposals for an energy recovery project with proposed location on Bondi's Island which would serve other participants in its Wastewater Treatment Plant fot twenty years or longer; and WHEREAS, the City of Springfield has indicated that the proposed energy recovery project will assure the Town of Agawam a long term means of solid waste disposal, at a reasonable cost, and a host community payment from its location on Bondi's Island; and WHEREAS, the City of Springfield has asked the Town of Agawam to participate in the project; as the host community for the Energy Resource Facility and Residue Landfill Facility; and NOW, THEREFORE, BE IT RESOLVED, that the Town of Agawam ' support the City of Springfield in its solicitation of proposals for an environmental sound, long term energy recovery project and will consider negotiating a long term agreement to deliver its municipal solid waste to the project after technical/cost proposals are received and reviewed and to seriously consider the siting of both the Energy Resource Facility and extension of the existing Landfill in the Town of Agawam on the properties currently owned by the City in the Town used for the Wastewater Treatment Plant, City Garage, and Sanitary Landfill.