Date

A Record of My February 2008 Votes on Issues Before the Council

2/04/08

Resolution in support of Representative Curran's initiative to permit municipalities to participate in decision making regarding location of daycare facilities.

Along with Tim Rooke and Bruce Stebbins, I sponsored this resolution endorsing legislation which Representative Curran is pushing at the State House. Currently, municipalities like Springfield have no ability to weigh in on the siting of daycare facilities. One home daycare facility opened up on Overlook Drive recently. It started small, but now provides care to over eighty children. It is truly a business and does not belong in the middle of a purely residential street. (I should disclose that I grew on Overlook Drive and used to deliver papers to the home which is now the oversized daycare facility.) Current state law severely limits the ability of cities to zone against such daycare businesses on residential streets. We need daycare facilities and certainly we want to encourage smaller home daycare facilities. This particular daycare facility, however, is incompatible with the neighborhood in which it is located. The legislation sponsored by Representative Curran would not address the situation on Overlook Drive. However, it would provide the city with a mechanism for ensuring that what happened there does not occur in other neighborhoods in Springfield.

Resolution expressing confidence in Acting Police Commissioner Fitchet and thanking him for his service.

By all accounts, Commissioner Fitchet has been doing a terrific job. He graciously stepped in as Acting Commissioner before Commissioner Flynn was hired and has now assumed that position in the wake of Commissioner Flynn's premature departure from Springfield. I believe that the Control Board made the right decision when it decided to conduct a search for a new Commissioner even though Acting Commissioner Fitchet is willing to serve, and is clearly capable of serving, in more than an acting capacity. When a position as important as that of Police Commissioner opens up, the process leading to the selection of a new Commissioner must be methodical and above reproach. How we handle the hiring of our new police commissioner will set precedent for how future high level officials are hired in Springfield. We need to get it right. I thought, however, that it was appropriate to thank Acting Commisioner for his tremendous service to Springfield. He has earned the respect of the police officers under him and the respect of the citizenry of Springfield.

Report of Public Health and Safety Committee on adoption of M.G.L. c. 148, § 26.

Sections 26G and 26I of Chapter 148 of the Massachusetts General Laws are state statutes which, for those municipalities which adopt them, mandate fire sprinkler systems for certain new constructions. They also mandate fire sprinkler systems where certain renovations to existing structures are undertaken. We heard from Fire Marshall John Cossaboon who urged that the city adopt these statutes. He explained that they would not have retroactive effect. We also heard from David Panagore who urged us to fully explore the impact that such statutes would have on the city's ability to attract new development. Further discussion on adoption was referred to committee. I would like to hear from the Fire Department re what level of renovations would trigger enforcement of 26I. I believe that accessibility laws set the threshold at renovations which amount to 1/3 of the total value of the property being renovated. Something like that might make sense here. I like the idea of having a bright line threshold of some sort.

2/25/08

Baystate Medical Center petition for a special permit.

Baystate Medical Center is located in an area which is zoned residential. It needed a special permit to extend its pre-existing, non-conforming hospital use, so that it could expand and make structural changes to its pre-existing, non-conforming hospital structures and facilities. I was very impressed with Baystate's preparation for the permit hearing. Unlike many petitioners who come before the City Council, Baystate was well prepared and had met with every conceivable stake holder prior to our hearing. Both the New North Citizens Council and the Atwater Park Civic Association endorsed the Baystate petition unanimously. Baystate worked closely with Phil Drome's Planning Department and with Dave Panagore in hammering out details of particular special conditions. The Baystate expansion will add hundreds of jobs during construction and thousands after it has been completed. I voted to grant the petition as did all of my colleagues on the Council.

Omnipoint Holdings, Inc. petition for a special permit.

Omnipoint Holdings, Inc. is a division of T-Mobile. It requested a special permit in order to install a wireless telecommunications tower in the Pine Point neighborhood of Springfield. The cell phone tower will be of a stealth design.That means that the antennas will be interior to the pole, rather than exterior. We heard from two neighbors who protested that land in the vicinity of the proposed cell phone tower is unkept and messy. Omnipoint intends to lease a 50 x 50 parcel from the individual who owns the unkept property. I suggested to Omnipoint's lawyer that he insist on a provision in the lease whereby the landlord would agree to keep up its property, including that which the landlord owns adjacent to, but outside of, the leasehold. Omnipoint's attorney indicated that he would try to do that. Because we will never have the leverage over this issue that we do presently, I suggested that the petition be sent to committee so that Omnipoint's attorney could make arrangements which would ensure that the property adjacent to the leasehold would be maintained. If he is able to provide us with written assurances to this effect, I will vote to issue the special permit the next time it comes before the City Council. I was not prepared to vote for it, however, in the absence of some enforceable promises to keep up adjacent properties. On my motion, the Council voted to refer Omnipoint's petition to committee.

Resolution requesting that the Financial Control Board petition for a Department of Revenue review of investment policies and procedures.

Tim Rooke drafted this particular resolution in the wake of Springfield's near loss of 13.9 million in tax payer monies to Merrill Lynch. I worked with Councilor Rooke on the final language of the resolution. I wanted to ensure that the resolution was one which looked forward rather than backward. The Attorney General's office and the auditor's office are looking backward to ascertain whether there were any improprieties on the part of city officials. Due to the fact that the investigations by those entities are ongoing, I did not believe we needed to request a further investigation. Rather, I wanted to ensure that our resolution represented a positive step forward. The Department of Revenue has significant expertise in investment policies and procedures. This resolution requests that the Control Board ask the Department of Revenue to review the policies and procedures in place in the treasurer's office the office responsible for making investments to ensure that the city is adhering to state law and utilizing best practices in its handling of tax payer monies. After the amendments which I suggested were agreed to, I signed on as co-sponsor. The resolution passed by vote of 7 to 2. James Ferrara and Bill Foley voted against it.