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City Council Meeting Notes for July 19, 2010

C I T Y   O F   S P R I N G F I E L D

                City Clerk's Office         July 14, 2010

 

I hereby notify you that at twelve o'clock noon today the following items of business had been filed with this office and can be acted upon at the meeting in City Council Chambers, Room 200 at City Hall, 36 Court Street, Monday evening July 19, 2010 at seven-thirty o'clock according to Section 12, Rules and Orders of the City Council.

Wayman Lee, Esq.

City Clerk

 

Roll Call

Present: Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, Kateri B. Walsh, James J. Ferrera, III, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; Absent Councilor Thomas A. Ashe.

 

Moment of Silence

Pledge of Allegiance

 

FINANCIAL ORDERS

(1.)       Transfer $9,570.60 from Internal Audit – Professional Services to Internal Audit – Salaries & Wages (Mayor) - Read the first time and Rule 19 suspended and an explanation was given by Director of Internal Audit Mark J. Ianello and a second time and passed by the following roll call vote: Yes, Eleven (11) Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, None (0); Absent, One (1) Councilor Thomas A. Ashe.

 

(2.)       Transfer $283,943.46 from Stabilization Fund – Financial Reserves to Public Works – General Fund Fleet Division & Public Works – Solid Waste Enterprise Funs (Mayor) - Read the first time and Rule 19 suspended and an explanation was given by Finance Director T.J. Plante and a second time and passed by the following roll call vote: Yes, Nine (9) Councilors Timothy C. Allen, Zaida Luna, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Jose F. Tosado; No, Three (3) Councilors Michael A. Fenton, Timothy J. Rooke, John A. Lysak; Absent, One (1) Councilor Thomas A. Ashe.  Councilor Timothy J. Rooke served “notice of reconsider” that he wanted the Order “reconsidered” at the next meeting.

 

REPORTS OF COMMITTEES

(3.)             From City Council Civil Rights & Race Relations Committee – Community Police Relations Board - The City Council Civil Rights & Race Relations Committee met on July 6, 2010 and Co-Chairman Councilor E. Henry Twiggs gave a written and verbal report stating that the Committee had met to discuss a format for public hearings for the proposed Community Police Board Ordinances which would include 4 meetings in each of the combined Wards of the City similar to how the School Committee are elected.  The Committee would add 3 citizens to serve on the Committee and that City Solicitor Pikula would provide a stenographer so all the comments were could be recorded.  Council received the report by a majority voice vote with Councilor Thomas A. Ashe absent.  Councilor Twiggs made a Motion to refer the Community Police Relations Board Ordinance back to the Committees and was seconded by Councilor Wright and Passed by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(3A.)    From City Council Maintenance and Development Committee – Acceptances (Order Attached) - Acceptances -Audley Road, Bedford Road, Blanche Street, Cadwell Street, Carnarvon Circle, Gresham Street, Hilltop Street, Jimmy Court, Mary Coburn Road, Middle Street, Millbrook Road, Squire Lane, Squire Lane, Suzanne Street, Tanglewood Drive, Vann Street, Weaver Road, Wildwood Avenue, Wildwood Avenue, Winterset Drive – The City Council Maintenance and Development Committee met on July 19, 2010 and Chairperson Kateri B. Walsh gave verbal report that the Committee has met with Lou Dicarlo, City Engineer and Mr. Dicarlo stated that the City would be taken private ways and converting them to public ways and thereafter the ways would be eligible for Chapter 90 road improvement funds.  The Committee voted to recommend that the full City Council approve the “acceptances” and the Council received the report by a majority voice vote with Councilor Thomas A. Ashe absent. 

 

Read on June 7, 2010 and after debate and on a motion by Councilor Keith M. Wright and seconded by Councilor Timothy J. Rooke to refer to the Maintenance and Development Committee passed by the following roll call vote: Yes, Seven (7) Councilors Timothy C. Allen, Michael A. Fenton, Thomas M. Ashe, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Timothy J. Rooke, ; No, Six (6), Councilors Zaida Luna, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, John A. Lysak, Jose F. Tosado.

 

            On July 19, 2010 the City Council Passed the Acceptances Order by a majority voice vote with Councilor Thomas A. Ashe absent. 

 

(3B.)    From City Council Veterans, Administration and Human Services and Maintenance and Development Committees – Lease/Purchase Mt. Carmel School and Purchase 1 acre from B & M Railroad (Orders Attached under Suspension) – The City Council Veterans, Administration and Human Services and Maintenance and Development Committee met on July 19, 2010 and Chairperson James  Ferrera gave verbal report that the Committee has met with Pat Sullivan, Director of Parks, Building and Recreation Management, T. J. Plante, Finance Director, Dan Warwick, School Department and Patricia Donovan, Law Department to talked about lease/purchase of the Mt Carmel School and land adjacent to Rebecca Johnson School and the School Department and Parks, Building and Recreation Management were all in favor of the 2 purchases that would be brought under suspension of the City Council Rules and Orders.  Councilor Fenton questioned why the Mt. Carmel was not a straight up purchase and that the City would spend an extra $980 Thousand with a lease for 3 years.  Mr Plante stated that the City does not have the “bonding” capacity as the present time to purchase the school.  Council received the report by a majority voice vote with Councilor Thomas A. Ashe absent.  Council Fenton than made a Motion to refer to Committee and was second by Council Rooke which Failed by the following roll call vote: Yes, Two (2) Councilors Michael A. Fenton, Timothy J. Rooke; No, Nine (9) Councilors Timothy C. Allen, Zaida Luna, E. Henry Twiggs, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, John A. Lysak, Jose F. Tosado; Absent One (1) Councilor Thomas A. Ashe; Abstain One (1) Councilor Keith M. Wright.

 

            After further debate by Councilor Fenton on using “reserves” to buy the Mt. Carmel School and Councilor Allen stating that it would be better to purchase early rather than later Council Fenton asked Assistant Solicitor Mulcahy if the terms of the Lease could be re-negotiated so that the City would have an option to purchase after 1 year. Attorney Mulcahy stated after reviewing the draft Lease that the present Lease call for a 3 year tem with the option to buy coming only after the 3 years had expired.  Councilor Lysak made a Motion to table until the Law Department could re-negotiate the terms so that the City would have the Option to purchase after the first year and was seconded by Councilor Fenton said Motion Failed by the following roll call vote: Yes, Four (4) Councilors Timothy C. Allen, Michael A. Fenton, E. Henry Twiggs, John A. Lysak; No, Seven (7) Councilors Zaida Luna, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, Jose F. Tosado; Absent One (1) Councilor Thomas A. Ashe; Abstain One (1) Councilor Keith M. Wright.

 

(3C.)    From City Council Veterans, Administration and Human Services and Maintenance and Development Committees – Lease/Purchase Mt. Carmel School and Purchase 1 acre form B & M Railroad (Orders Attached under Suspension) – The City Council Veterans, Administration and Human Services and Maintenance and Development Committee met on July 19, 2010 and Chairperson James  Ferrera gave verbal report that the Committee has met with Pat Sullivan, Director Parks, Building and Recreation Management, T. J. Plante, Finance Director, Dan Warwick, School Department and Patricia Donovan, Law Department to talked about lease/purchase of the Mt Carmel School and land adjacent to Rebecca Johnson School and the School Department and Parks, Building and Recreation Management were all in favor of the 2 purchases that would be brought under suspension of the City Council Rules and Orders.  Chairperson Ferrera stated that the Committee was in favor of both Lease/Purchase and the purchase of land adjacent to Rebecca Johnson School.  Council received the report by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(3D.).   From City Council Planning and Economic Development Committees – Special Permit – SS Boston Road - Hearing held June 28, 2010 and was closed and after debate on a motion by Councilor John A. Lysak and seconded by Councilor Michael A. Fenton was referred to the Planning and Economic Development Committee for the Petitioner to meet the Neighborhood Council by a majority voice vote with Councilors Thomas A. Ashe and Timothy J. Rooke absent.

 

The City Council Planning and Economic Development Committees – Special Permit – SS Boston Road met on July 19, 2010 with Petitioner William Marsh, Senior V.P, of Hampden Bank and he stated that he had met with Pine Point Neighborhood Council and the Council had sent a letter expressing support of the Petitioner.

 

SS BOSTON ROAD

            Drive-Up Service Window

            Owner: Jart Realty Trust

            By: Jeffery T. Barbeau

            Petitioner: Hampden Bank

            By: William Marsh, Senior V.P

 

The Special Permit was granted by the following roll call vote: Yes, Twelve (12) Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, None; Absent One (1) Councilor Thomas A. Ashe.

(3E.).   From City Council Planning and Economic Development Committees – Special Permit – 118 Armory Street - Hearing held June 28, 2010 Hearing held and was closed and after debate on a motion by Councilor Michael A. Fenton and seconded by Councilor John A. Lysak was referred to the Planning and Economic Development Committee for the Petitioner to meet the Neighborhood Council by a majority voice vote with Councilors Thomas A. Ashe and Timothy J. Rooke absent.

 

The City Council Planning and Economic Development Committees – Special Permit – 118 Armory Street met on July 19, 2010 with Petitioner Wassin & Omar Elkadri and he stated that he had met with McKnight Neighborhood Council and the Council had sent a letter expressing support of the Petitioner.

 

118 ARMORY STREET

            Amend an Existing Special Permit by Allowing a Change in the Petitioner

            Owner: Marwan M. Awkal

            Petitioners: Wassin & Omar Elkadri

 

The Special Permit was granted by the following roll call vote: Yes, Twelve (12) Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, None; Absent One (1) Councilor Thomas A. Ashe.

 

(3F.).   From City Council Planning and Economic Development Committees – Special Permit – 118 Armory Street - Hearing held June 28, 2010 Hearing held and was closed and after debate on a motion by Councilor Michael A. Fenton and seconded by Councilor John A. Lysak was referred to the Planning and Economic Development Committee for the Petitioner to meet the Neighborhood Council by a majority voice vote with Councilors Thomas A. Ashe and Timothy J. Rooke absent.

 

The City Council Planning and Economic Development Committees – Special Permit – 118 Armory Street met on July 19, 2010 with Petitioner Wassin & Omar Elkadri and he stated that he had met with McKnight Neighborhood Council and the Council had sent a letter expressing support of the Petitioner.

 

118 ARMORY STREET

            To Operate a Motor Vehicle Service Station (automobile repairs)

            Owner: Marwan M. Awkal

            Petitioners: Wassin & Omar Elkadri

 

The Special Permit was granted by the following roll call vote: Yes, Twelve (12) Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, None; Absent One (1) Councilor Thomas A. Ashe.

 

PETITIONS

(4.)       600 BERKSHIRE AVENUE

            For a license to use, store and keep petroleum and its products in quantities not exceeding 12,000    gallons

            Petitioner: First Student

            By: Ted Leclerc

Read for frist time on June 28, 2010 and no hearing was held at the request the Petitioner Ted Leclerc and the Petroleum Storage Petition was tabled by City Council President John F. Tosado until the July 19, 2010 meeting for the Petitioner to meet the Neighborhood Council.

 

Hearing held at which Brian Shaw of First Student and Juan Rivera of the Fire Department spoke in favor and no one was opposed and the Petitioner had met with Pine Point Neighborhood Council and the Council had sent a letter expressing support of the Petition and Hearing was closed and after debate the Petition was granted by a majority voice vote with Councilor Thomas A. Ashe absent.

 

UNFINISHED BUSINESS BEFORE THE CITY COUNCIL

(5.)       ORDINANCE #11 Amending Revised Ordinances, as amended, 1986 – Enforcement and Penalties – Animal Control (Tosado) - Read for first time on June 21, 2010 and debated and passed 1st step and referred to the Committee on Ordinances by a majority voice vote with Councilor Kateri B. Walsh absent.

 

Read on July 19, 2010 the Council passed 2nd step and referred to Committee on Enrollment by a unanimous voice vote; the Committee on Enrollment met and referred the Ordinance to the full City Council; passed 3rd step to be ordained by the following roll call vote; Yes, Twelve (12) Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, None; Absent One (1) Councilor Thomas A. Ashe.

 

(6.)       ORDINANCE #12 – Amending Revised Ordinances, as amended, 1986 - Issuance of Citations – Animal Control (2nd step) - Read for first time on June 21, 2010 and debated and passed 1st step and referred to the Committee on Ordinances by a majority voice vote with Councilor Kateri B. Walsh absent.

 

Read on July 19, 2010 the Council passed 2nd step and referred to Committee on Enrollment by a unanimous voice vote; the Committee on Enrollment met and referred the Ordinance to the full City Council; passed 3rd step to be ordained by the following roll call vote; Yes, Twelve (12) Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, None; Absent One (1) Councilor Thomas A. Ashe.

 

NEW BUSINESS BEFORE THE CITY COUNCIL

REPORTS

 

(7.)       Planning Board Zone Change – 226 Allen Street (Recomm: Deny) (Hearing: 8/23/10) - Read for 1st time and Council received the report by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(8.)       Planning Board Zone Change – SS Waverly Street (Recomm: Approve) (Hearing: 8/23/10) - Read for 1st time and Council received the report by a majority voice vote with Councilor Thomas A. Ashe absent.

 

 

(9.)       From Board Public Works re: Worthington Street – Installing Conduits (WMECO) - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(10.)     From Board Public Works re: Prospect Street – Installing One Pole (WMECO) - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(11.)     From Board Public Works re: Woodmont Street – Installing One Pole (WMECO) - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(12.)     From Board Public Works re: Worthington Street – Installing PVC Consuits (WMECO) - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(13.)     From Board Public Works re: Worthington Street – Installing PVC Conduits (WMECO - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(14.)     From Board Public Works re: Carew Street – Installing PVC Conduit (Verizon) - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(15.)     From Board Public Works re: Main Street – Installing PVC Conduits (Verizon) - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(16.)     From Board Public Works re: Main Street – Installing PVC Conduits (Verizon) - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(17.)     From Board Public Works re: Page Boulevard – Installing PVC Conduits (Verizon) - Read and debated and the Council received the Report and Passed the Order by a majority voice vote with Councilor Thomas A. Ashe absent.

 

ORDERS

(18.)         Authorizing the Fire Department to Enter into a Contract for a Lease Purchase of Fire Apparatus for a Term not to Exceed Seven (7) Years (Mayor) - Read and debated and Passed by a majority voice vote with Councilor Michael A. Fenton voting no and Councilor Thomas A. Ashe absent.

 

(19.)         Authorizing the Mayor to Accept a Local Consumer Aid Fund Grant in the amount of $75,000 from Attorney General’s Office (Mayor) - Read and debated and Passed by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(20.)         Authorizing the Mayor to Execute and Record a Certificate Dissolving the Betterment Lien re: WS Warrenton Street & NS Riverton Road (Mayor) - Read and debated and Passed by a majority voice vote with Councilor Thomas A. Ashe absent.

 

 

(21.)         Authorizing the Mayor to Execute and Record a Certificate Dissolving the Betterment Lien re: NS Jordan Street (Mayor) - Read and debated and Passed by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(22.)     Authorizing the Mayor to Seek Legislation Entitled “An Act Relative to the Civilian Police Oversight Commission in the City of Springfield” (Ferrera) - Read and debated and Read and after debate Councilor Twiggs made a motion to refer to committee and was seconded by Councilor Ashe and was referred to a joint committee meeting of the Public Health and Safety and Civil Rights and Race Relations Committees passed by a unanimous voice vote.

 

(23.)     Authorizing the Mayor to Seek Legislation Entitled “An Act Relative to the Civilian Police Authorizing the Mayor to Seek Legislation Entitled “An Act Relative to Prostitution in the City of Springfield (Ferrera) - Read and debated and on a Motion to refer to Committee Failed by the following roll call vote: Yes, Four (4) Councilors Zaida Luna, James J. Ferrera, III, Timothy J. Rooke, John A. Lysak; No, Eight (8) Councilors Timothy C. Allen, Michael A. Fenton, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, Kateri B. Walsh, Jose F. Tosado; Absent One (1) Councilor Thomas A. Ashe.

 

The Special Act Failed by the following roll call vote: Yes, One (1) Councilors James J. Ferrera, III; No, Eleven (11) Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; Absent One (1) Councilor Thomas A. Ashe.

 

(24.)             Setting the Polling Places for the State Preliminary & the State Election - Read and debated and Passed by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(25.)         State Election Warrant for the State Preliminary & the State Election - Read and debated and Passed by a majority voice vote with Councilor Thomas A. Ashe absent.

 

ORDINANCES

 

(26.)     Amending RO 1986 – Civilian Police Oversight Commission (Ferrera) - Read and debated and passed 1st step and referred to the Committee on Ordinances by a majority voice vote with Councilor Thomas A. Ashe absent and referred to Public Heath and Safety and Civil Rights and Race Relations Committees.

 

(27.)     Amending RO 1986 – Engine Brakes Regulations (Fenton) - Read and debated and passed 1st step and referred to the Committee on Ordinances by a majority voice vote with Councilor Thomas A. Ashe absent.

 

(28.)     Amending RO 1986 – Community Police Hearing Police for the Springfield Police Department (Rooke) - Read and debated and passed 1st step and referred to the Committee on Ordinances by a majority voice vote with Councilor Thomas A. Ashe absent and referred to Public Heath and Safety and Civil Rights and Race Relations Committees.

 

SUSPENSION OF RULES

 

(29.)         Suspension of Rule 12 – Passed by a majority voice vote with Councilor Thomas A. Ashe absent.  See Report of Committee item (3B) above.  Lease/Purchase Mt. Carmel School – The Order was Passed by the following roll call vote: Yes, Nine (9) Councilors Timothy C. Allen, Zaida Luna, E. Henry Twiggs, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, Jose F. Tosado; No, One (1) Councilors Michael A. Fenton; Absent One (1) Councilor Thomas A. Ashe; Abstain Two (2) Councilors Keith M. Wright, John A. Lysak.

 

(30.)         Suspension of Rule 12 – Passed by a majority voice vote with Councilor Thomas A. Ashe absent.  See Report of Committee item (3C) above.  Purchase 1 acre from B & M Railroad - The Order was Passed by the following roll call vote: Yes, Eleven (11) Councilors Timothy C. Allen, Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, None (0); Absent One (1) Councilor Thomas A. Ashe; Abstain One (1) Councilors Keith M. Wright.

 

MATTERS LAID ON THE TABLE

 

Special Permit – 603 Hendee Street - No Action Taken

 

IMPORTANT NOTICE:  Possible Public Speak-out time at 6:45 P.M.









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