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C I T Y O F S P R I N G F I E L D
City Clerk's Office January 4, 2012
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 January 9, 2012 at seven o'clock according to Section 12, Rules and Orders of the City Council.
Wayman Lee
City Clerk
Roll Call
Present: Clodo Concepcion, Kateri B. Walsh, Kenneth E. Shea, E. Henry Twiggs, Melvin A. Edwards, Bud L. Williams, Michael A. Fenton, John A. Lysak, Zaida Luna, Timothy C. Allen, Timothy J. Rooke, Thomas M. Ashe, James J. Ferrera, III.
REPORTS OF COMMITTEES
(A.) From the City Council Maintenance and Development Committee re: Statement of Interest for Schools - The Maintenance and Development Committee met on January 9, 2012 to discuss the Statements of Interest for various elementary and Central High School Chairperson Clodo Concepcion gave a verbal report that the Committee had met with Daniel Warwick, Assistant Superintendent of Schools to discuss the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science. See items 15-23 below. Council received the report by a unanimous voice vote.
NEW BUSINESS BEFORE THE CITY COUNCIL
ORDERS
(1.) President Appointment of Standing Committees (Ferrera) – Read and Council received their Appointment no vote necessary.
(2.) President Appointment to Building Commission (Ferrera) - Read and Council received their Appointment no vote necessary.
(3.) President Appointment to Public Construction Employment Ordinance Committee (Ferrera) - Council received their Appointment no vote necessary.
(4.) President Appointment to Dog Advisory and Hearing Committee (Ferrera) - Read and Council received their Appointment no vote necessary.
(5.) President Appointment to the Audit Committees (Ferrera) - Read and Council received their Appointment no vote necessary.
(6.) Creation of the Fire Prevention Committee (Ferrera) - Read and Council set-up the Fire Prevention Committee consisting of the Code Enforcement Commissioner, the Fire Commissioner, the Planning Director, the Director of Public Works and the Emergency Preparedness Director to investigate petitions for permits to keep, store, use and sell crude petroleum and it products and any explosives or inflammable fluids or compounds and reports their findings and recommendations to the City Council. Council passed the Order by a unanimous voice vote.
(7.) Adoption of the Rules and Orders of the City Council for 2012 – Read and Councilor Concepcion questions Rule 33 on “Reconsideration” stating that he believes the Rule should only apply if a Councilor had voted on the prevailing side and made motion to refer Rule 33 to Committee and was seconded by Councilor Lysak and was referred to the General Government Committee by a majority voice vote with Councilor Williams and Councilor Walsh voting no. Councilor Shea then asked for a roll call vote but President Ferrera ruled the request out of order as the vote was final and the Rules and Orders except for Rule 33 of the City Council for 2012 were adopted by a majority voice vote with Councilor Williams and Councilor Walsh voting no.
(8.) Payment of Bills from Previous Fiscal Year Law Department & Labor Relations Department (Mayor) - Read and an explanation was given by LeeAnn Pasquini, Budget Director stating that the bills were $1,284.10 for Law Department’s sheriff service, Hampden County Registry of Deeds and Philbin & Associates for transcription service bills and for the Labor Relations Department bill was for a $794.20 Philbin & Associates for transcription service and no transfer is needed because the bills would be paid out current fiscal year budget and the Order passed by a unanimous voice vote.
(9.) Accepting Military Tax Abatement - MA National Guard – G.L. c. 59, section 5, Clause 56 (Fenton) - Read and an explanation was given by Councilor Fenton and Richard Allen, Chairman of the Board of Assessors stated that the abatement is new that allows members of the Massachusetts National Guard and reservists on active duty in foreign countries a 100% of the total assessed taxes both personal and real estate taxes. Councilor Twiggs wanted to know the total cost and Chairman Allen said he did not have a cost estimate. Councilor Twiggs then made a motion to refer to Committee and was seconded by Councilor Edward and the Order was referred to the Finance Committee by a majority voice vote with Councilor Fenton voting no.
(10.) Accepting Business Personal Tax Increase – G.L. c. 59, section 5, Clause 54 (Fenton) - Read and an explanation was given by Councilor Fenton and Richard Allen, Chairman of the Board of Assessors stated that the abatement provides for an increase exemption for business personal property taxes from $500 to $1,000 for FY13. Councilor Williams asked how many accounts would be impacted. Chairman Allen stated that there are 4,000 personal property tax accounts and the Order passed by a unanimous voice vote.
(11.) Accepting Elderly Home Additions Tax Abatement – G.L. c. 59, section 5, Clause 50 (Fenton) - Read and an explanation was given by Councilor Fenton and Richard Allen, Chairman of the Board of Assessors stated that the statute allows the increased value of residential real property as a result of alterations or improvements thereto, not to exceed five hundred ($500) dollars of taxes due; provided, however, that said alterations or improvements are made to provide housing for a person who is at least sixty years (60) old and who is not the owner of the premises; provided further, that any such alterations or improvements must be made to a house, consisting of no more than three (3) units prior to such alterations or improvements and which is owned and occupied by the applicant as his domicile; and provided, further, that the applicant shall annually furnish to the assessors a statement under oath that the alterations or improvements were made to provide housing for a who is at least sixty years (60) old. This exemption shall terminate when the premises are no longer occupied by any such elderly person. No person shall receive more than one exemption under the provisions of this clause in any fiscal year and shall apply only to alterations or improvements made on or after the date of such acceptance by such city and the Order passed by a unanimous voice vote.
(12.) Accepting Elderly Married Couple Income and Asset Limits Increase Tax Abatement – G.L. c. 59, section 5, clause 41C (Mayor, Fenton) - Read and an explanation was given by Councilor Fenton and Richard Allen, Chairman of the Board of Assessors stated that the statute allows the increased value of residential real property as a result of alterations or improvements thereto, not to exceed five hundred dollars of taxes due; provided, however, that said alterations or improvements are made to provide housing for a person who is at least sixty years (60) old and who is not the owner of the premises; provided further, that any such alterations or improvements must be made to a house, consisting of no more than three units prior to such alterations or improvements and which is owned and occupied by the applicant as his domicile; and provided, further, that the applicant shall annually furnish to the assessors a statement under oath that the alterations or improvements were made to provide housing for a who is at least sixty years (60) old. This exemption shall terminate when the premises are no longer occupied by any such elderly person. No person shall receive more than one exemption under the provisions of this clause in any fiscal year and shall apply only to alterations or improvements made on or after the date of such acceptance by such city and the Order passed by a unanimous voice vote.
(13.) Authorizing the Acceptance of a Safe & Successful Youth Initiative Grant in the Amount of $800,000.00 on behalf of the Police (Mayor) - Read and an explanation was given by Sgt. Brian Elliot, Police Department Grant Manger that the grant is to bring services, support and resources to young men, ages 14-24 whom are likely to be perpetrators or victims of violence crimes. Councilor Williams asked what agencies are involved and that there were no plans attached for how the money would be used and asked that the Order be referred to Committee and was seconded by Councilor Twiggs and the Order was referred to the Public Health and Safety Committee by a unanimous voice vote.
(14.) Authorizing the Acceptance of a Dwight Street Extension Executive Office of Housing and Economic Development Grant in the Amount of $1,200,000.00 on behalf of the Planning & Economic Development Department (Mayor) – Read and an explanation was given by Brian Connors, Deputy Director the Department of Economic Development that the Grant from the Executive Office of Housing and Economic Development is to be used for South End neighborhood streetscape improvements. Councilors Rooke and Williams requested that the full plan for improvement should be attached to the Order so the Council is fully informed and Councilor Williams said that there should be “linkage” as in Boston so that local companies and individuals have a chance to bid and work on these projects and the Order passed by a majority voice vote with Councilor Williams and Councilor Rooke voting no.
(15.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for Alice B. Beal Elementary School (Mayor) – Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
(16.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for Daniel B. Brunton Elementary School (Mayor) - Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
(17.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for Springfield Central High School (Mayor) - Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
(18.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for William N. Deberry Elementary School (Mayor) - Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
(19.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for German Gerena Community Elementary School (Mayor) - Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
(20.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for Homer Street Elementary School (Mayor) - Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
(21.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for Lincoln Elementary School (Mayor) - Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
(22.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for Mary M. Lynch Elementary School (Mayor) - Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
(23.) Authorizing the Superintendent of Schools to submit to the Mass School Building Authority Statement of Interest for White Street Elementary School (Mayor) - Read and an explanation was given by Daniel Warwick, Assistant Superintendent of Schools that the school projects which includes the renovation and replacement of windows, roofs and doors; renovation and rebuild “portables annexes”; add new additions; renovation bathrooms; replace pumping equipment and outdated equipment; replacement of Science and the Order passed by a unanimous voice vote.
ORDINANCES
(24.) Amending Revised Ordinances, 1986 – Residency Requirement (Allen, Fenton) - Read and explanation was given by Councilors Allen, Fenton and William Mahoney, Labor Relation and Personal Director outlined the provisions that were being amended in order to enforce it fairly and to avoid the immediate removal of employees who are in violation. Councilor Allen also stated that the ordinance applies to all employees hired or promoted since March 17, 1995 and includes the following changes a requirement for filing a residency certificate in February of each year; a suspension for 2 weeks each year for those employees hired and promoted between March 17, 1995 and February 1 2012 until they come into compliance with the ordinance; no collective bargaining agreement shall contain provisions contrary to the ordinance; set-up a residency compliance officer to enforce the ordinance; set-up and residency commission consisting of 3 peoples two appointed by the Mayor and 1 being the City Council President of his designee; if a waiver is granted must be approved by the Mayor a majority of the City Council; employee who accept payment or a employee who makes payment in violation of the ordinance shall pay a fine of $2 for each payment accepted or paid; the commission shall semi-annually file a report with Mayor and the City Council. Councilor Concepcion said that any person who accepted the job than moved out of the city should be fired. Councilor Walsh said that the provisions should only apply to department heads, deputy and assistants. Councilor Williams said department heads needs to live in the City and Boston has a residency ordinance that is strictly enforced. Councilor Twiggs said all city employees should live in the city if they get a pay check form the city. Councilor Rooke said he wants a list of all waivers and he knows the Finance Control Board gave waiver but does not know how many was given by the Mayor and the Ordinance passed 1st Step and referred to the Committee on Ordinances and Councilor Allen made a motion to refer to committee and was seconded by Councilor Luna and was referred to the General Government Committee by a unanimous voice vote.
(25.) Amending Revised Ordinances, 1986 – Historic Home Rehabilitation Tax Assessment – G.L. c. 59, section 5J (Fenton) - Read and an explanation was given by Councilor Fenton and Richard Allen, Chairman of the Board of Assessors of the Historic Home Rehabilitation Tax Assessment for home in a historic district over a period of 5 years for any increased value made to a historic home and Chairman Allen asked for a committee meeting because of technical questions and passed 1st Step and referred to the Committee on Ordinances and after debate Councilor Fenton made a motion to refer to committee and was seconded by Councilor Rooke and was referred to the Finance Committee by a unanimous voice vote.
MATTERS LAID ON THE TABLE
Special Permit – 603 Hendee Street - No Action Taken.
IMPORTANT NOTICE: Possible Public Speak-out time at 6:30 P.M.
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