C I T Y   O F   S P R I N G F I E L D

                City Clerk's Office       September 29, 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 October 4, 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, Thomas A. Ashe, 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.

Moment of Silence

Pledge of Allegiance

COMMUNICATIONS FROM THE MAYOR

(1.)             Statement of Revenues and Other Sources & Expenditures/Period Ending 8/31/10 (Mayor) - Read and Patrick Burns from the Office of the Comptroller made presentation to the City Council on the revenues and expenditures as of August 31, 2010 and stated that that the CAFO had been providing monthly report to the City Council Finance Committee and that the budget revenues and expenses showed a deficit of $36,133,854.00 it was because of the up-front payment of the City share to the retirement system, however, the September 30 report should show the first payment from the State and the deficit should be reduced.  Council received the communication by a unanimous voice vote.

FINANCIAL ORDERS

(2.)       Transfer $42,202.20 from Comptroller – Reserve for Contingencies to Human Recourses – Professional Services (Mayor) - Read the first time and Rule 19 suspended and an explanation was given by LeeAnn Pasquini, Budget Director that the transfer would be used to pay for professional services incurred by the Human Resources Department to pay prior year bills to Mintz, Levin, Cohen, Ferris, Glovsky and Popeo, PC, however Ms. Pasquini stated that there was an error in the amount and the new amount to be transferred is $9,979.90 and read a second time and on a Motion by Councilor Walsh and seconded by Councilor Rooke the transfer was amended from $42,202.20 to $9,979.90 and the Amendment passed by a unanimous voice vote.  Councilor Fenton than made a Motion to refer to the Finance Committee and was seconded by Councilor Rooke said Motion to Transfer as amended was to refer to the Finance Committee by a unanimous voice vote.

(3.)       Authorizing the Mayor to Appropriate $180,000 for the Department of Public Solid Waste Division (Mayor) - Read the first time and Rule 19 suspended and an explanation was given by Director Allan Chwalek that the appropriation would be used for a solid waste master plan on what to do with the landfill when it is closed and for fleet mechanics for the solid waste division and read a second time and passed by the following roll call vote: Yes, Thirteen (13) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, 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).

REPORTS OF COMMITTEES

(A.)      From the City Council Finance Committee – Transfer of $100,000.00 from City Retirement to Finance Department – Mayor - Read the first time on September 20, 2010 and Rule 19 suspended and Councilor Rooke stated that the Finance Committee has recommended that the matter to go to committee to determine how the money would be spent and on a Motion by Councilor Rooke and seconded by Councilor Walsh the Transfer was to refer to the Finance Committee by a unanimous voice vote.

The Finance Committee met on October 4, 2010 and Chairperson Timothy J. Rooke gave a verbal report relative to the transfer $100,000 from City Retirement to Finance Department to meet the expenses to fund Springfield’s 375^th Anniversary Celebration. Councilor Rooke stated that he had met with Patrick Sullivan, Director of Parks, Buildings and Recreation Management and Judy Matt, Executive Director of the Spirit of Springfield as they are planning the celebration and the Finance Committee recommended that the money comes from “reserves” or “stabilization” fund and that the $100,000.00 from the City would leverage an additional $150,000.00 from private sources.  Council received the report by a unanimous voice vote.  Read for a second time and Councilor Wright stated that we would be voting against the Transfer because he had asked the Mayor to include funds for the City Councilors to attend some training course and the Mayor had said it no.  TJ Plante stated that the Mayor had authorized the use of the stabilization fund and the Transfer was Passed by the following roll call vote: Yes, Eleven (11) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, Zaida Luna, E. Henry Twiggs, Clodo Concepcion, Melvin A. Edwards, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, Two (2) Councilors Keith M. Wright, James J. Ferrera, III.

(B.)      From the City Council Finance Committee – Order Authoring the Mayor to Accept a Gift in the Amount of $74,838.66 – Springfield Library Museum Association (SLMA) – Repairs and Renovation Mason Square Library Branch Phase 1 (Mayor) - The Finance Committee met on October 4, 2010 and Chairperson Timothy J. Rooke gave a verbal report that the City would be receiving approximately $300,000 as part a settlement agreement between the City and Springfield Library Museum Association (SLMA) to be used for the renovations of the Mason Square Library and the $74.838.66 was a partial payment.  Council received the report by a unanimous voice vote.

(C.)      From the City Council Planning and Economic Development Committee – Authoring the Mayor to Award a Contract for Marketing Services to Springfield Business Improvement District (SBID) – Mayor – Councilor Timothy C. Allen gave a verbal report relative to the to a meet held on October 4, 2010 at which John Judge, Director of the Department of Planning and Economic Development and Edward Pikula, City Solicitor explained the purpose of the contract and how the City could benefit from the contract.  Council received the report by a unanimous voice vote.  The Contract was Passed see item #6 below.

(D.)      From the City Council Planning and Economic Development Committee – Zoning Ordinance – Councilor Timothy C. Allen gave a verbal report updating the Council on the steps that had been taken to bring the new Zoning Ordinance back to the City Council for a vote.  He stated that the Committee had reviewed site plan and special permit sections and would be reviewing parking section at an October 21, 2010 meeting and he was invited all Councilors to attend.  Council received the report by a unanimous voice vote.

UNFINISHED BUSINESS BEFORE THE CITY COUNCIL

(4.)       ORD#14 – Engine Brakes – Prohibited (2^nd step) - Amending RO 1986 – Engine Brakes Regulations (Fenton) - Read and debated and passed 1^st step and referred to the Committee on Ordinances by a majority voice vote with Councilor Thomas A. Ashe absent.

The City Council Committee on Ordinance met on October 4, 2010 and passed 2^nd 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 3^rd step to be ordained by the following roll call vote; Yes, Thirteen (13) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, 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).

(5.)       ORD#17 – Cancer Screening (2^nd Step) - Amending Revised Ordinance of the City of Springfield 1986, as amended, – Cancer Screening (Ferrera) - Read and debated and passed 1^st step and referred to the Committee on Ordinances by a unanimous voice vote.  After the Vote Councilor Fenton asked if Rule 55 would apply – the Clerk stated that Councilor Fenton could ask the full Council to vote to request a legal opinion from the Law Department at a meeting were the 2^nd step is taken.

The City Council Committee on Ordinance met on October 4, 2010 and passed 2^nd 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. Councilor  Fenton made a Motion to refer to Committee and was seconded by Councilor Wright who after withdrew his second but it was again seconded by Councilor Allen and the refer to Committee Failed to Pass by the following roll call vote; Yes, Two (2) Councilors Timothy C. Allen, Michael A. Fenton; No, Ten (10) Councilors Thomas A. Ashe, 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); Abstain, One (1) Councilor Keith M. Wright.  Council than passed 3^rd step to be ordained by the following roll call vote; Yes, Twelve (12) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, 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); Abstain, One (1) Councilor Keith M. Wright.

NEW BUSINESS BEFORE THE CITY COUNCIL

REPORTS

(6.)       From the City Comptroller re: Authorizing the Mayor to Award a Contract for Marketing Services to the Springfield Business Improvement District (Rule 20 - Councilor Allen) - Read and a presentation was given by Barbara Campanile VP Marketing and External Affairs and Chair of the City Marketing and Advisory Committee and Stephen Cole of the Economic Development Department that the fund would be used to provide marketing for the “Make it Happen” in Springfield campaign using the SBID for procurements, online services, signage, events, media relation, branding, and templates and after discussion a Motion was made by Councilor Allen to refer to committee and was seconded by Councilor Ferrera and voice vote was taken and the President Tosado stated that the vote failed Councilor Walsh asked a roll call vote and roll call as follows: Yes, Six (6) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, Zaida Luna, James J. Ferrera, III, Timothy J. Rooke; No, Seven (7) Councilors E. Henry Twiggs, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, Kateri B. Walsh, John A. Lysak, Jose F. Tosado.  Councilor Allen invoked Rule 20 of the Rules and Orders of the City Council which cut off debate until the Comptroller files a report back to the Council either verifying the cost estimates submitted to him or summarizing his cost study and his estimation or his inability to do, if that be the case, and that this be done before Council passed the Order.

Read and Patrick Burns, City Comptroller stated that the City has earmarked two funding sources to reimburse the SBID and in his opinion the City has the funds to meet the requirements of Rule 20 and the Contract for Marketing Services with the  SBID was passed by the following roll call vote: Yes, Twelve (12) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, 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; No, One (1) Councilor James J. Ferrera, III.

ORDERS

(7.)       Authorizing the Mayor to Allow the Payment of Prior Bills – Various Departments (Mayor) Read and an explanation was given by Budget Director LeeAnn Pasquini that prior year bills was for the Law, DPW, Elections and Police Departments in the amount of $16,110.60.  Councilor Fenton said he did have enough back-up information and made a Motion to refer to Committee and was seconded by Councilor Wright and was referred to the Finance Committee by a unanimous voice vote.

(8)        Authorizing the Mayor to Accept a Gift of Funds in the Amount of $25,000.00 from the Roger L. Putnam Technical Fund Inc. (Mayor) – Read and an explanation was given by Rita Coppola, Director Capital Asset and Construction that the funds would be used to hire an Architect to redesign the some core academies at the Roger L. Putnam Vocational Technical High School after the City had paid for the first design and after discussion the Council Passed the Order by a unanimous voice vote.

(9.)       Authorizing the Mayor to Accept a Grant in the Amount of $165,529.00 for the Elder Affairs Council on Aging (Mayor) - Read and an explanation was given by Janet Denny, Director of the Department of Elder Affairs that the fund would be used to support Council of Aging activities and senior citizen participation in those activities and after discussion the Council Passed the Order by a unanimous voice vote.

(10.)     Authorizing the Mayor to Accept a Grant in the Amount of $88,980.00 for the Greater Springfield Senior Services Title III (Mayor) - Read and an explanation was given by Janet Denny, Director of the Department of Elder Affairs that the fund would be used to provide outreach, advocacy, information and referral services for senior citizens support and after discussion the Council Passed the Order by a unanimous voice vote.

(11.)     Authorizing the Mayor to Accept a Grant in the Amount of $7,800 - Massachusetts Cultural Council Grant (Mayor) - Read and a presentation was given by Lee Fogarty, Director of the Library Department that the fund would be used for Health Program Computer Workshop, Local Author Fair, Music Programs and Children’s Programs and for the purchase of materials and after discussion and the Council Passed the Order by a unanimous voice vote.

(12.)     Authorizing the Mayor to Accept a Grant in the Amount of $31,355 – Regional Employment Board ABE Grant (Mayor) - Read and a presentation was given by Lee Fogarty, Director of the Library Department to be used to fund teachers’ salaries, textbooks, and instructional technology including software and after discussion and the Council Passed the Order by a unanimous voice vote.

(13.)     Authorizing the Mayor to Accept a Gift in the Amount of $196,923.50 – Springfield Library Foundation – Repairs and Renovation Mason Square Library Branch Phase 1 (Mayor) - Read and a presentation was given by Edward Pikula, City Solicitor that the fund would be used to make repairs and renovation to the Mason Square Library.  Councilor Twiggs asked why it was taking so long for the Urban League to move out.  Mr. Pikula stated that under Relocation Statute Urban League must be given time to move out and if the City force them out the City would be liable for two moves payments and Pikula further stated that move had been held up do to the building of a firewall per the building code and that the schedule move out date is November 15, 2010 and that if they are not out by that date he would be back to the Council to ask to an eviction notice.  Councilor Lysak asked if the eviction notice should be given now and Pikula said no but he would be back to the Council on November 8 meeting seeking that authority and after discussion and the Council Passed the Order by the following roll call vote; Yes, Thirteen (13) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, 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).

(14.)     Authorizing the Mayor to Execute and Deliver a Quitclaim Deed re: 155 Hickory Street & SS Hickory Street (Mayor) - Read and an explanation was given by John Judge, Director of the Department of Planning and Economic Development and David Shair attorney for Springfield College explained that a RFP was issued and the College was the only bidder and that the property required over $300,000 in remediation for environmental problems.  Councilor Twiggs asked why such a low purchase price and why would we take property from a taxpayer and almost give it away to someone not paying taxes?  Judge stated that the College was the only bidders and that the site would be gateway to the College.  Councilor Twiggs made a Motion to refer to Committee and it was seconded by Councilor Concepcion and was referred to Planning and Economic Development Committee by the following roll call vote; Yes, Eight (8) Councilors Michael A. Fenton, Zaida Luna, E. Henry Twiggs, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Jose F. Tosado; No, Four (4) Councilors Thomas A. Ashe,. Keith M. Wright, Timothy J. Rooke, John A. Lysak; Abstain, One (1) Councilor Timothy C. Allen.

(15.)     Authorizing the Mayor to Accept the provisions of Massachusetts General Laws Chapter 40, section 6(A) (Mayor) - Read and a presentation was given by Edward Pikula, City Solicitor that the accepts of the statute would allow the City to annually appropriate a sum for advertising its resources. 

SUSPENSION OF RULES

(16.)     Suspension of Rule 12 – Passed by a unanimous voice vote.  Order Authoring the Mayor to Accept a Gift in the Amount of $74,838.66 – Springfield Library Museum Association (SLMA) – Repairs and Renovation Mason Square Library Branch Phase 1 (Mayor) – Read and an explanation was given by City Solicitor Edward Pikula that money was partial payment from a settlement agreement between the City and SLMA and would be used to make renovations to the Mason Square Library and the Order was accepted by the following roll call vote:  Yes, Thirteen (13) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, 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).

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.