C I T Y   O F   S P R I N G F I E L D
                City Clerk's Office       February 3, 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 Room 200 at City Hall, 36 Court Street, Monday evening February 8, 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, Keith M. Wright, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; Absent Councilor E Henry Twiggs.

Moment of Silence
Pledge of Allegiance
REPORTS OF COMMITTEES

(1.)    From the City Council Rules and Orders Committee- Report of Committee - The City Council Rules and Orders Committee met on February 3, 2010 and Chairman Kateri B. Walsh gave a verbal and written report stating that the Committee had it first meeting and he had named the members of the Committee as follows: William Metzger, Peter Lapin, Betnzaida Vega, Esq. John Short, Jeff Welch with Wayman Lee, Esq. Edward Pikula, Esq. and Michael Mulcahy, Esq. as advisory members.  The Committee purpose was to review all the Council Rules and Orders and make presentation to the full Council by the end of May.  Council received the report by a unanimous voice vote.  

(2.)    From the City Council Finance Committee – Report of Committee - The City Council Finance Committee met on January 27, 2010 and Councilor Timothy C. Allen gave a verbal and written report stating that the Committee had met with the Finance team Lee, Erdman, CAFO, TJ Plante, Finance Director and Comptroller Patrick Burns to discuss FY10 budget updates and FY11 budget process/tax levy and a 5 point plan was proposed by Councilor Allen which includes the following: (1) The City Council adopt the Financial Ordinance voted by the Control Board in April 2009 which requires finance officials to deliver a monthly report to the City Council, detailing actual versus projected revenues and actual spending versus budgeted expenses; (2) Quarterly meetings be held with all individual departments to assess compliance; (3) Constant assessment of investments and interest rates so as not to repeat the near-loss of $13 million: and (4) Establishment of a taxpayer’s monthly statement to keep citizen current with our financial progress.  Council received the report by a unanimous voice vote.  

(2A.)    From the City Council Finance Committee – Report of Committee - The City Council Finance Committee met on February 4, 2010 and Councilor Timothy C. Allen gave a verbal report stating that the Committee had met with Economic Development Director John Judge to discuss job creation in the City and the Responsible Employers Ordinance and how it would affect jobs in the City.  Council received the report by a unanimous voice vote.  

(2B.)    From the City Council Civil Rights and Race Relations and Public Health and Safety Committees – Report of Committee - The City Council Civil Rights and Race Relations and Public Health and Safety Committees met on February 3, 2010 and Thomas A. Ashe, Chairman of the Public Health and Safety Committee gave a verbal and written report in the absence of Chairman Councilor E. Henry Twiggs of the Civil Rights and Race Relations Committee absence for medical reasons regarding Mayor Sarno’s Executive Order creating Community Police Hearing Board stating that some citizens are concerned that the Mayor did not consult with the City Council and residents of the City.  Council received the report by a unanimous voice vote.  

(2C.)    From the City Council Maintenance and Development Committee – Valet Parking Ordinance Report of Committee - The Maintenance and Development Committee met January 28 and February 8, 2010 and Chairperson Walsh gave a verbal report stating that business community and Springfield Parking Authority had suggested several  amendments to the Valet Parking Ordinance as set forth below in item #3.

UNFINISHED BUSINESS BEFORE THE CITY COUNCIL

(3.)    ORDINANCE #1 – Valet Parking Regulations (2nd step) - Read and debated and passed 1st step on January 11, 2010 and on a Motion by Councilor Rooke and seconded by Councilor Ferrera was amended by adding the following sub-section in 9.34.030 “(5.)  Proof that the valet operator maintains the minimum levels and standards of liability insurance or claims reserves as required by the Springfield Traffic Commission.  A certificate of insurance or insurance policy coverage declaration page shall be acceptable forms of proof of coverage” and was referred to the Committee on Ordinance and referred to the Maintenance and Development Committee by a unanimous voice vote.  

The Maintenance and Development Committee met January 28 and February 8, 2010 and Chairperson Walsh gave a verbal report stating that business community and Springfield Parking Authority had suggested the following amendments to the Valet Parking Ordinance: (1) In 9.34.010(B) by deleting “approved” and by adding “facility except at the end of daily valet operations” at end of sentence two; (2) In 9.34.020(B) by deleting “private”; (3) In 9.34.030(A) by adding “Valet parking operations in business prior to the passage of this ordinance may remain in business during the application process on the condition that such operator meets all other requirements of this ordinance”; (4) In 9.34.050(D) by adding “for valet operators”; (5) In 9.34.050(H) by adding “Such permit applications shall be filed at least seventy-two (72) hours prior to the scheduled event”; (6) In 9.34.060(B) by deleting “marked” and add “identifying him or her as a valet” and by delete “VALET" across the back in reflective lettering that shall be highly contrasting with the background/field/screen (i.e. dark-colored reflective lettering on light-colored background or light-colored reflective lettering on dark-colored background); each individual letter of the word “VALET" shall be no smaller than three inches (3") in height. The front of the jacket or shirt worn by the valet parking operator shall include the name of the person, business, establishment, or corporation granted a valet parking permit.  Compliance with these sections shall require the jacket or shirt required in this section to be the outermost garment worn by the valet parking operator”; (7) In 9.34.070(A) by adding “The City of Springfield Code Enforcement Department and the City of Springfield Police Department, and their designees” and by deleting “including but not limited to the parking clerk or his/her designee or agent”; (8) In 9.34.080(A) by adding “The director of public works or the city of Springfield Traffic Commission and by adding “in his/her/its discretion”; (9) In 9.34.080(C) by adding “The director of public works or the city of Springfield Traffic Commission and by deleting “parking clerk”; and (10) In 9.34.030(B)(5) by adding “in the amount of one million dollars ($1,000,000)” on a motion by Councilor Walsh and was seconded by Councilor Rooke said amendments passed by a unanimous voice vote.

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, Thomas A. Ashe, Zaida Luna, 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); Absence, One (1) Councilor E. Henry Twiggs.

NEW BUSINESS BEFORE THE CITY COUNCIL

REPORTS

(4.)    Planning Board Zone Change –1525, 1655, 1685, 1719 Boston Road & NS Fernbank Street (Recommendation: Approve) (Hearing: 2/22/10) - Read for 1st time and Council received the report by a unanimous voice vote.

(5.)    From Board Public Works re: Wason Avenue – Installing Two PVC Conduits at the Intersection of Fisk Avenue (Fibertech) - Read and debated and the Council received the Report and Passed the Order by a unanimous voice vote.

(6.)    From Board Public Works re: Cornflower Street – Installing a Jointly Owned Pole (WMECO & Verizon) - Read and debated and the Council received the Report and Passed the Order by a unanimous voice vote.

ORDERS

(7.)    Authorizing the Mayor to Execute and Deliver a Quitclaim Deed – 133 Colton Street (Mayor) - Read and after debate and passed by the following roll call vote: Yes, Twelve (12) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, Zaida Luna, 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); Absence, One (1) Councilor E. Henry Twiggs.

(8.)    Authorizing the Mayor to Accept a Grant in the amount of $4,000 – Library Department Adult Basic Education- S.T.A.R. Project (Mayor) - Read and after debate and passed by the following roll call vote: Yes, Eleven (11) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, Zaida Luna, Clodo Concepcion, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, None (0); Absence, One (1) Councilor E. Henry Twiggs, Abstained, One (1) Councilor Keith M. Wright.

(9.)    Order – Accepting Chapter 59 Section 5K Establishing a “Senior Work-Off Program” (Rooke, Walsh) - Read and after debate and on a Motion to refer to Committee by Councilor Rooke and was seconded by Councilor Walsh passed by a unanimous voice vote and referred to the Veterans, Administration and Human Services Committee.
(10.)    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 on Motion to refer to Committee by Councilor Ferrara and seconded by Councilor Wright passed by a majority voice vote with Councilor Walsh voting no and referred to a joint meeting of the Civil Rights and Race Relations and Public Health and Safety Committees.

ORDINANCES

(11.)    Amending Revised Ordinances of the City 1986, as amended – Mayor’s Compensation (Rooke, Concepcion) - Read and debated and on Motion to refer to Committee by Councilor Ferrara and seconded by Councilor Concepcion passed by a majority voice vote with Councilor Walsh voting no and referred to the Finance Committee.

(12.)    Amending Revised Ordinances of the City 1986, as amended – Civilian Police Oversight Commission (Ferrera) - Read and debated and Council asked questions of City Solicitor Edward Pikula and after further debate on Motion to refer to Committee by Councilor Ashe and seconded by Councilor Concepcion passed by the following roll call vote; Yes, Eleven (11) Councilors Timothy C. Allen, Michael A. Fenton, Thomas A. Ashe, Zaida Luna, Clodo Concepcion, Keith M. Wright, Melvin A. Edwards, James J. Ferrera, III, Kateri B. Walsh, Timothy J. Rooke, John A. Lysak, Jose F. Tosado; No, One (1) Councilor Walsh; Absence, One (1) Councilor E. Henry Twiggs and referred to a joint meeting of the Civil Rights and Race Relations and Public Health and Safety Committees.  Councilor Rooke made a second motion for the “Law Department to prepare and file an ordinance on the Mayor’ Executive Order” and call a special meeting and refer the Law Department prepared Ordinance to same committee so that both Civilian Police Oversight Commission Ordinance and the Mayor’s Executive Order proposed Ordinance could be discussed at the same time and was seconded by Councilor Concepcion and passed by a majority voice vote with Councilor Walsh voting no and referred to a joint meeting of the Civil Rights and Race Relations and Public Health and Safety Committees.

SUSPENSION OF RULES

(13.)    Suspension of Rule 12 – Passed by a unanimous voice vote.  Resolve: Urging the Commissioner of Education and Board of Elementary and Secondary Education to reconsider the vote to revoke the Robert M. Hughes Academy Public School Charter (Mayor) – Read and after debate and passed by a majority voice vote with Councilor Wright abstaining.

(14.)    Suspension of Rule 12 – Passed by a unanimous voice vote.  Ordinance: Amending Revised Ordinances of the City 1986, as amended – Taxi and Livery Commission (Tosado, Fenton) – Read and after debate and passed 1st step by an unanimous voice and refer to the Committee on Ordinance and on Motion to send to Committee by Councilor Fenton and seconded by Councilor Tosado passed by an unanimous voice vote and referred to the Public Health and Safety Committee.

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.