Take My Council, Please: The Walsh Filibuster...

**UPDATED 12/3/11** Following a report by Maureen Turner posted to her Valley Advocate blog "On Springfield" on biomass & campaign contributions, the Republican today singled out Kateri Walsh's hundreds in campaign contributions from the Callahan family and their lawyer Frank Fitzgerald.  The same report notes that City Comptroller Pat Burns found ZERO financial implications to the city if the council appeals PRE's permits to the Board of Appeals.

(WMassP&I)

When Steven Desilets approved a building permit for Palmer Renewable Energy’s biomass plant off Page Boulevard, he had to know it would provoke a rebuke from the City Council.  Five months before he approved that permit, the council voted 10-2 to revoke PRE’s permit on the grounds that the project had changed considerably from its previous incarnation and would pose a threat to human health.  Desilets would approve the permit on the advice of the Law Department, which argued that PRE did not even need a special permit under the revised proposal.

On Monday the Council gathered for a special meeting to formally appeal the building permit.  Because the council is an integral part of the planning and zoning process of the city, it has standing under the umbrella state zoning law to appeal the decision.  It can appeal to both the city’s Board of Zoning Appeals and, if still unsatisfied, to court as well.  Indeed, it seemed as if the council would do exactly that last night…until one councilor made Republican Senate Leader Mitch McConnell proud and filibustered.

Councilor Fenton (Facebook)

Before the meeting began it was well-known where everybody stood.  Ward 2 Council Mike Fenton wisely requested a recorded vote on last week’s non-binding resolves and it revealed that at-large Councilors James Ferrera, Tim Rooke and Kateri Walsh were opposed to any further council action to oppose the biomass plant.  All ward councilors and at-large councilors Thomas Ashe and Jose Tosado were in favor of further action just as they were in favor revoking the permit.

Nevertheless, the opponents tried their best to derail the process.  Ferrera started first by trying to sow the seeds of confusion among the councilors with an assist from City Solicitor Ed Pikula.  Ferrera inquired into who would represent the council if it voted to appeal and Pikula argued that the Law Department may need to recuse itself because it would be obligated to defend the building commissioner.  Ferrera also asked about PRE’s existing suit against the city over the council’s permit revocation.  However, that remains, as Pikula described, a placeholder suit if a court or other board rules the special permit is indeed needed.

Ward 8 Councilor John Lysak took on Pikula’s position directly asking how the Law Department could be defending the city against PRE’s lawsuit on the revocation while maintaining the position that a special permit is not necessary.  Pikula argued that the two issues were parallel, but did not have conflict within each case individually.

At the same time, however, Pikula noted that the council cannot appropriate money on its own for a lawyer.  Though true, Pikula could also not deny that the council could finance counsel out of its own pockets, receive pro bono representation, or even go to court pro se.

However, Fenton noted that the council needed no lawyers to appeal to the Board of Appeals.  The board is an administrative body just like the City Council and like the City Council, appellants to the board appear without any council constantly.  Certainly a lawyer can represent an appellant before the board, but there are no legal documents to serve or actions taken that require a law license to be properly executed.  Thus, before the Board of Appeals, the council needs no lawyer and does not even need to contemplate the need to find money for one until and unless the Board rules against the council.

Take My Council, Please: Anatomy of a Feud...

Sorry for the delayed post of this week's Take My Council, Please.  If it make you feel any better, part of the reason was due to the relatively minor items that were before the council.

(WMassP&I)

The Springfield City Council pulled out a quick meeting despite some divisiveness on non-binding issues and ordinance revisions  The meeting took place following a rally of Occupy Springfield and Take Back Springfield, two separate groups arguably focused on the same issues.  Many from those protests, who were on hand to support a resolve against Bank of America and technical changes to the city's foreclosure ordinance, filled the council chamber and milled around city hall.  Although the chamber and the hall were much fuller during the Biomass debates, police were deployed throughout the building.  Ultimately, the proposal fueling much of the crowd's interest was sent to committee deflating the crowd and causing them to release their anger in not-so-veiled, but somewhat overstated political complaints to the council generally.

Disposing of the minutiae, non-controversial ordinance revisions of the city's vicious dog and criminal disposition ordinances passed second steps.  Fire, Library, Health & Human Services and the Health departments all got approval to receive grants.  Director of the Health and Human Services Department Helen Caulton-Harris once again showed off her departments grant-writing prowess with a $100,000+ haul.  The council received reports from Ward 1 Councilor Zaida Luna on a literacy program and Ward 2 Councilor Mike Fenton on prior year bills.  Payment of the bills was approved without objection.  A permit and some zoning changes were approved and deed delivered to the developer of a tax-foreclosed property.

Councilor Rivera (Facebook)

Toward the end of the debate the council considered two resolves.  Once sponsored by Ward 6 Councilor Amaad Rivera called for the city remove its remaining funds from Bank of America and another calling for greater enforcement of the city's residency ordinance.  The residency ordinance encouraged the mayor to negotiate in residency to the upcoming employee contracts while working to see the spirit if not the letter of the residency ordinance is applied to non-bargained employees.  The city ordinance is rarely enforced and Mayor Domenic Sarno has not appointed the enforcement commission as required by law.  More to the point, he frequently uses its exemption provisions.  Councilors ultimately sent the resolve to committee to discuss broader options to enforce residency.  At-large councilor Jimmy Ferrera called for a home rule petition, but such a petition would require the mayor's signature and would almost certainly die in the legislature.  This was a point noted by at-large Councilor Tim Rooke, but he also pointed out the politics behind legislators avoidance of the issue.  However, neither point suggested a way to actually enforce residency broadly nor a recognition that legislating away residency as a negotiable item is political impossible in this political environment.

On the Bank of America resolve, Ward 7 Councilor Tim Allen rose to ask the city's Treasurer-Collector how much money the city really had in the Bank of America account.  The treasurer said that the money is there because one payee to the city continues to wire the money into that account, despite continued protests to the contrary.  The treasurer went on to say that the only reason the city left the bank anyway was because they got a better RFP from Citizens Bank, a Scottish-owned firm.  Allen was uncomfortable singling out Bank of America, however much the institution deserved it, especially in light of the city's broader efforts of the city to  rein in renegade financial institutions.  Rivera, who sponsored the resolve disagreed and voted against an effort to send the resolve to committee, where it went.  The crowd overheated from the earlier rally attempted to call out "shame" for each councilor that sent the measure to committee, but Council President Jose Tosado squelched that.  The crowd exited chanting, "We'll be back!" as if the measure had died, which it did not.  Rivera said afterward that the dialogue of sending the measure to committee was a positive thing, although he would not have done so.

Take My Council, Please: No One Leaves...Not Like That...

(WMassP&I)

In a rare display of expediency (or small agendas) the Springfield City Council breezed through its appointed task Monday night and in the process actually did a few useful things other than the typical housekeeping.  Items on the agenda included resolves opposed to the Federal Government's Secure Communities initiative and home foreclosure ordinances.  Because of those two items in particular the un-air conditioned council chamber was packed with supporters, further exacerbating the room's stuffiness.

Many of the agenda's items consisted of acceptance of funds for various departments within the city including the Library, Elder Affairs and Health and Human Services.  Much of the money accepted Monday for HHS was actually directed at the Thomas J. O'Connor Animal Control and Adoption Center.  Other moneys included an anticipated grant from the Springfield Library Foundation for the Mason Square Branch Library.

The council also granted the mayor authority to sell the School Department Building to a developer for the sale price of one dollar.  The nominal sale price was intended to be the only subsidy to the redevelopment of the school department building, which will otherwise be renovated using private money.  The plan is market rate condos that should yield the city thousands of dollars in tax revenue.  The vote was 10-1, with Ward 5 Councilor Clodo Concepcion as the lone no vote.  He told the Republican that the city should have waited for a better price.  At-large councilors Kater Walsh and Tim Rooke were not present.  The latter has made the cost of the school department's lease at the former federal building a crusade of sorts.  His absence kept the temperature on the issue fairly cool.

Another property on Tyler Street was also sold.  The present structure will be demolished and a new one built.

However, all this dry stuff came after the votes on the resolves against Secure Communities and the foreclosure ordinances.  The local branch of the Service Employees International Union had organized a large crowd, likely with the help of the local group "No One Leaves" that assists those facing foreclosure.  Both groups were likely there to support the ordinance, while SEIU, which represents many Hispanic workers, probably was there for the resolve, too.

ICE Badge (Wikipedia)

Secure Communities is an effort by the federal government to detect illegal immigrants, particularly those with a violent history.  This is undertaken by deputizing local law enforcement agencies to enforce federal immigration law to the extent that they can ascertain detained individuals legal status.  However, the program has come under fire for encouraging racial profiling and deporting largely non-violent illegal immigrants.  The second point notwithstanding, the initiative has been a band-aid on the broken leg of the nation's immigration laws and a poor substitute for true comprehensive immigration reform.  Moreover, it may have a negative impact on law enforcement.

Take My Council, Please: We Want More...

(WMassP&I)

Monday was a night of stunning defeats and equally stunning chutzpah.  A dozen or so cops filled the council chamber ostensibly as a show of solidarity ahead of the civilian review vote.  Other measures up included the trash fee, a petition to extend council terms and other measures that were liberated from committee.

Lee Erdmann, the city’s Chief Administrative and Financial Officer briefed the council on finances first.  Essentially, the city projects, based on revenue estimates and expected state aid to have a $40 million deficit.  Erdmann told the council that he and others in the mayor’s administration had pared that down to about $16 million.  That reduction came through department reduction and changes to health and pensions.  It also assumed that there would be additional revenue from the trash fee.

As it stands now, the mayor’s office expects to request that roughly $13 million be used from stabilization funds to cover most of that gap.  Additional reductions and consolidations, thus far undetermined, unused overlay account money and would a 2% increase on the hotel tax would cover the rest.  The increase would put Springfield at the same rate as Cambridge and Worcester, but still under Boston’s rate.

Councilor Ferrera (Urban Compass)

Erdmann also indicated that the city would seek concessions from labor, but would do so primarily to avoid layoffs, which may become necessary absent concessions.  During the debate at-large councilor Jimmy Ferrera pressed Erdmann for the source of his projections.  Erdmann, apparently used to Ferrera’s theatrics, waved off his question, assuring him that he was using the best estimates available given the political and financial situation.

Erdmann also briefly discussed the city’s capital budget, which included replacing 20% of trash bins.  Ferrera also pressed the city on why it was spending money to buy new trash bins.  Allen Chwalek, the city’s Public Works head, anecdotally mentioned that his own trash bin wore out as all of them eventually will.  Chwalek also reminded Ferrera that the current bins were rolled out 12-13 years ago and have an expected life of about ten years.


Rendering of Holiday Inn as a La Quinta (WMassP&I)

From there the discussion switched to less controversial items.  Boilerplate votes were called on accepting grants for the library, fire, emergency management and elderly affairs departments.  A resolve was also passed to support more money from Beacon Hill for Shannon Grants and approval granted to other Shannon Grants, Ward 1 Councilor Zaida Luna sent to committee last time.  A report on the Biomass plant was also accepted by the council.  Blessings were also granted to a 5 year contract for school food service (after details as to the need were presented to a subcommittee) and to Community Block Development Grant loan guarantee for the renovation of the former Holiday Inn.

A report from the finance committee on the trash was given somewhat before the actual debate on the item itself.  Ward 2 City Councilor Mike Fenton, chairman of the finance committee explained how his amended ordinance would increase the discount for seniors, veterans and indigent homeowners to 33% from 25% (the base fee would remain $75).  Fenton noted that leaving an additional $3 million gap in the budget was unacceptable.

Take My Council, Please: Committee Can-Do!...

(WMassP&I)

As Western Mass Politics & Insight arrogantly takes credit for starting the cascade of news stories about Scott Brown’s sudden love for family planning and women’s health, the Springfield City Council got short shrift again.  Monday’s meeting emphasized the importance of committee.  Much of the important business before the council ended up going to committee.  In some cases, the reason was good and in others it was just odd.

Councilor Amaad Rivera was absent due to a car accident.  City Council President Jose Tosado announced his absence at the beginning of the meeting and other city hall sources confirmed that an email had been sent by Rivera to that effect.

As always, let us begin with the easy stuff.  The City Council accepted money for the city’s Housing department to fight blight and foreclosure aftermath.  The police department accepted grants to fight underage drinking and to purchase a special camera that would read license plates to the rear of a police cruiser.  Two ordinances, one changing fire department fees and another regarding junk shops advanced to the mayor.

(WMassP&I)

However, three other items mostly routine caught the eye of some councilors who wanted the items moved to committee.  Moving a bill the appropriate committee of the City Council is a delaying tactic.  However, those delays can either be positive or negative.  Sometimes they are simply redundant.  Take last meeting’s committee referral of the civilian review board.  Because the board was a ordinance change, initial approval would have sent the ordinance to committee anyway before it would be enacted.  Still, the council found it fit to send it to committee before it would go to there anyway.

The first item that went to committee was a net positive.  The issue before the council was an authorization to the school committee to seek a five year contract for food service in schools.  Although the School Committee is largely a law onto itself, it is technically little more than a department of the city, albeit one with an elected body.  As such, it often needs Council approval just like the police or park departments would.  To award a contract for more than three years under M.G.L 30B §12 they would need council approval.

However, several councilors, including at-large councilors Kateri Walsh and Tom Ashe, and Ward 4 councilor E. Henry Twiggs, wanted to vote to give the school committee approval now.  Walsh and Ashe, however, mischaracterized the intent of the measure and the law.   Both, but particularly Walsh, pushed for a vote now, claiming that if they did not vote for this the school committee could not even ask for a five year proposal.

Councilor Walsh (Facebook)

Ward 2 Councilor Mike Fenton and Ward 7 Councilor Tim Allen both protested noting that we had no idea what the council was voting for by giving this authorization.  To make matters worse, nobody from the finance, law or school departments were on hand to fully explain the legalities.  It was up to City Clerk Wayman Lee, who succinctly explained the truth.  Nothing in the law says the school committee cannot issue a request for proposals for five years, it just cannot award the contract until the council approves.  In fact, many times it is the bidders responding to an RFP who suggest a longer contract length.  Authorization absent a bid would give the school committee carte blanche to sign whatever it wanted for five years.

In any case, many councilors simply wanted to better understand for what they were voting.  Walsh’s complaint that is was not the City Council’s place to negotiate school contracts were misleading.  The council does not negotiate contracts but it does have an obligation to see to it that authority it grants another city entity uses it responsibly.  Sending the matter to committee will have no impact on the school department’s ability to seek the contract it wants.  The measure went to committee on a tight 7-5 vote.

Take My Council, Please: Proceed to Police the Police...

(WMassP&I)

While the Springfield City Council is usually known for at least being a good show, typically, the more controversial or in-depth the measures, the more entertainment is guaranteed.  Despite the presence of a volatile issue in the form of a Civilian Police Review Board ordinance, the evening was characterized less by passion (although it was there) and more by confusion and glib posturing by some councilors.

Let us get the less controversial stuff out of the way first.  Nearly all of the night's votes were passed unanimously or as unanimously as you can get.  The city accepted approximately $1,380,000 in grant money for the Health & Human Services Departments from its federal counterpart.  Ward 2 City Councilor Michael Fenton took a moment to recognize the city's health director, Helen Caulton-Harris for her department's work in securing the grants which cover a wide range of health services for the city's neediest residents.

Orlando Ramos (Facebook)

Two appointees to the License Commission, Orlando Ramos and Raymaond Berry, were confirmed by the Council to resounding applause.  The council gave the green light to move money around within the budget to pay for furnace upgrades, water/sewer payments, and a legal settlement.  Reports allowing utilities Verizon and Western Mass Electric were approved as were some property transfers.  Notable among the transfers was property to be conveyed to Springfield college to be used as open space.  While the city has a moratorium of sorts of conveying city property to tax-exempt entities, Springfield College's receipt of the property came along with promises for a PILOT (payment in-lieu-of taxes), which would make it the city's first college (as far as we have confirmed) to establish one such arrangement with the city.

Several home rule petitioners were thrown around, none particularly controversial (are you asleep yet?).  A refile on a bill to permit the city to tow cars for non-payment of excise tax and one about use of public ways, both passed in previous councils, passed without trouble.  One petition that was wisely withdrawn would have extended the term of city councilors to four years to match the mayors.  Councilors need a little more accountability than what four years of lethargy would yield.

Councilor Lysak (Facebook)

Among the more interesting items were Ward 8 Councilor John Lysak's proposal to adopt an ordinance that would ban the sale and use of substances called synthetic marijuana.  Unlike the real reefer, these substances, sold in convenience stores, produce more of a cocaine-like high with sometimes fatal results, Lysak explained.  As an ordinance, the proposal would need three votes, in between which it would go to committee without further study.

However, the ordinances eventual path to committee was made more winding by questions from councilors.  Perhaps councilors were simply trying to avoid having their name on a bill they mind some day on some planet oppose for some reason (odd given that these passed without a recorded vote).  Ward 6 Councilor Amaad Rivera queried whether we should do this, particularly raising concerns about criminal records (the city cannot set statues that involve criminal statutes unless granted by special law or as a general power to municipalities from the legislature). Lysak's ordinance would be entirely civil in nature.  City Council President Jose Tosado, an at-large member, questioned whether the council had the authority, but a lawyer from the city solicitor's office assured them that given a temporary Drug Enforcement Administration ban on the substances (the effect of which was left ambiguous), the city was on sound legal footing.

Take My Council, Please: Everybody Gettin' Schooled...

(WMassP&I)

The Springfield City Council’s special session held to settle the Forest Park Middle School renovation held tonight was not as raucous as last week’s meeting.  It was not without its tenser moments, but circumstance led to a setting that provided at least a modicum of entertainment.


When last we left Council-Land, Ward 6 Councilor Amaad Rivera had invoked Rule 20. The parliamentary tactic suspended all action on the measure to transfer funds to take the necessary land for the renovation and by extension the order to authorize the use of eminent domain.


In the meantime, however, relations between the Forest Park Civic Association and their representative, Rivera, took a turn for the worst.  This past Sunday was the annual organizational meeting for the neighborhood group.  Newly elected officials including State Senator James Welch and District Attorney Mark Mastroianni headlined the event Rivera, himself recently designated and sworn in a councilor was likewise scheduled to attend.



Rivera, nevertheless did not attend.  His presence was almost nearly mandated as a result of his use of Rule 20, which could (emphasis on could) jeopardize the funding and more importantly the sensitive schedule crafted by the city and the Massachusetts School Building Authority.

Councilor Rivera (Facebook)

Although Rivera apparently did respond earnestly to some residents’ concerns by his absence was taken as a slight by the association.  In his place a representative, who was described as unfamiliar with the details, gave a statement which, while reading like a campaign pamphlet, called for better compensation to some of the property owners It also drew a parallel property takings from a business to support a project for former mayor Albano’s proposed Baseball  stadium at Northgate Shopping Center.  That parallel between the school project and the ill-fated, ill-conceived Albano boondoggle is bizarre coming from a advertised reformer.  Rivera’s mother also, reportedly made a plea to go easy on her son because he’s a good kid.

It should be noted that Rivera's absences are not new.  He  skipped  an association meeting once before and missed more than one meeting of the council finance committee on which Rivera sits.


The rumor around town and on Masslive forums (admittedly little more than the city’s politically incorrect watercooler) was the River was in Boston teaching a class on community organizing.  The veracity of this is not confirmed.  Although based on tweets from Sunday, Rivera, who was called a “@wmasspi [sic] superstar,” gave a speech/lecture at the New Leaders Council in Boston several hours before the end of the association meeting.  We assume that the tweet’s use of WMassP&I’s twitter screen name was a mistake, intended to represent Western Massachusetts as WMassP&I has not been mentioned by users with which we are not familiar before this.


In the tweets from the user @wedh, posted below, Rivera discusses progressivism, his campaign and the value of fundraising, which itself is not necessarily bad.  Rather the error is that he was giving this speech/lecture when he should have been allaying his constituents' concerns about the terribly necessary renovation project.  Still as a progressive, the implicit message in all of his tweeted quotes is one of outreach, something that Rivera only selectively does himself.

Glad to have @wmasspi superstar Spfld City Councilor Amaad Rivera joining @NLC_Boston #nlcinstitute to talk about fundraising #mapoli 13 Feb

"Mobilizing is great, but we must have elected officials who represent our progressive values - A. Rivera" @NLC_Boston #nlcinstitute #mapoli 13 Feb

Take My Council, Please: FPMS Update...

**UPDATE**

(WMassP&I)

A special city council meeting has been set for Tuesday at 5 p.m.  The city council will receive the report from the city comptroller.  Followed by that votes will be taken to trasfer the money to buy and demolish the properties and relocate the tenants.  After that, the council will vote to grant the school department's request to take the land needed for the Forst Park Middle School expansion and renovation.

WMassP&I will have updates on this as they become available.

Take My Council, Please: Forest Park Face-off...

(WMassP&I)

It was a hot time in a cool town’s halls of power Monday.  The regular city council meeting, like all the others it seems, appeared destined to be a big snooze.  Instead, it was full of sound of fury, much of it signifying nothing or told by an idiot.

Springfield’s recently certified free cash was transferred by the council to the stabilization fund for safekeeping.  The fund presently exceeds $40 million dollars and finance officials projected the city to run a $2 million dollar surplus for the fiscal year.

However, what drew much of the attention and time during the meeting was the renovation of Forest Park Middle School.  After years planning, the school committee recently approved a plan to build an addition and secure a new parking lot (the present one will be taken up by the addition).  Alternative locations like Diamond Match (too far from the neighborhood) and Longhill Gardens (idea was submitted WAY too late) were ultimately rejected.  The density of the Forest Park neighborhood limited choices that would not include a massive land taking by the city.

Forest Park Middle School (school website)

The selected plan carried a coveted 90/10 state funding (The Massachusetts School Rebuilding Authority will be paying 90 cents on the dollar for the renovation).  That plan called for taking multiple family dwellings on the east side of Sumner Terrace, a dead-end off of Sumner Ave that backs the school.  A restaurant, Sam’s, is also included in the taking, ostensibly for new parking.

In order to qualify for the state funding, the city must put up its own (non-school) money to pay the 10% and obtain the land.  The takings, relocation of tenants, and demolition is projected to cost $1.9 million of which $700K will cover the actual property purchase.  The money needed to be transferred and eminent domain authorized which only the City Council can do under state law.

Councilors Tim Allen (Ward 7), Mike Fenton (Ward 2), Kateri Walsh (at-large) and others stood in support of the project.  Assistant City Solicitor Kathleen Breck detailed the meticulous process by which the city ascertained the value of the property, worked with tenants, and assisted with relocation.  Case closed, right?  Ha!

Councilor Rivera (Facebook)

Ward 6 City Councilor Amaad Rivera, whose district includes most of Forest Park and the middle school in particular, raised objections to a lack of meetings (or at least ones of which he was aware), despite ample evidence to the contrary.  Rivera went on, rambling at times, about traffic and that charter schools were able to use public money to build schools in the neighborhood, although he did not say which ones.  Rivera must have been referring to Horace Mann New Leadership and MLK Jr. charter schools, which occupy existing buildings formerly Holy Name School and Goodwill Industries respectively.

Things heated up after Walsh rose to support the renovation.  She noted the long search and that the clock was running out not just on the time frame to get the money (the city will fail to qualify for the funding if the property is not seized by the end of February).  She wondered how much longer kids can be reasonably educated absent this renovation and addition.