City Council Meeting City Council Chambers Wallace J

City Council Minutes February 1, 2018

CITY COUNCIL MEETING CITY COUNCIL CHAMBERS WALLACE J. PUCHALSKI MUNICIPAL BUILDING 212 MAIN STREET, NORTHAMPTON Northampton, MA ______Roll Call A regular meeting of the City Council was called to order by City Council President Ryan R. O’Donnell. At 7:32 p.m. on a roll call the following City Councilors were present:

At-Large Councilor William H. Dwight At-Large Councilor Ryan R. O’Donnell Ward 1 Councilor Maureen T. Carney Ward 2 Councilor Dennis P. Bidwell Ward 3 Councilor James Nash Ward 4 Councilor Gina-Louise Sciarra Ward 5 Councilor David A. Murphy Ward 6 Councilor Marianne L. LaBarge Ward 7 Councilor Alisa F. Klein

Public Hearing Public Hearing:

Announcement Announcement of a public hearing that will be held during the City Council Committee of Public Hearing on Finance meeting (within the full City Council meeting) concerning the Northampton for FY2019 - Capital Improvement Program for FY2019-FY2023 submitted by Mayor Narkewicz on FY2023 Capital January 29, 2018. Improvement Program. Councilor O’Donnell made the following announcement:

In accordance with The Charter of Northampton, Massachusetts, Article 7 Finance and Fiscal Procedures, Section 7-5: Capital Improvement Program, (b) Public Hearing. BY ORDER OF THE CITY COUNCIL, a public hearing will be held on Thursday March 1, 2018 at 7:00 p.m. in the City Council Chambers located in the Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, MA. The City Council will consider the Capital Improvement Program for FY2019-FY2023 and hear all persons who wish to be heard thereon.

18.013 Petition to 18.013 Petition to Install Underground Conduit at 23 Atwood Drive Install Under- At 7:33 p.m., Councilor O’Donnell called for a motion to open the public hearing. ground Conduit Councilor LaBarge so moved. Councilor Dwight seconded. The motion passed at 23 Atwood unanimously 9:0 by voice vote. Drive Lisa Jasinski of National Grid presented the petition. National Grid is looking for permission to install underground conduit and three-phase power across the street. The new conduit will come between the new buildings recently constructed to supply power to the next new building to be built on Atwood Drive.

Councilor O’Donnell asked if there were any questions or if anyone wished to speak in opposition.

Hearing none, Councilor Dwight moved to close the public hearing. Councilor Murphy seconded. The motion passed unanimously 9:0 by voice vote. The public hearing was closed at 7:35 p.m.

Updates from Updates from Council President & Committee Chairs Council Presi- dent & Commit- The standard agenda item Recognitions and One-Minute Announcements was tee Chairs inadvertently left off the agenda, so Councilor O’Donnell offered to entertain brief announcements about community events under this item.

This Monday, the Northampton Democratic City Committee is holding its annual caucus and meeting at 7 p.m. in the community room at JFK Middle School, Councilor Sciarra announced. The purpose is to elect delegates to the state

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convention in June. Delegates will decide which Democratic gubernatorial candidate will appear on the ballot. Anyone who is a registered Democrat by the start of the caucus can participate or run to be a delegate, she advised.

Councilor Dwight informed the audience that next Legislative Matters committee meeting will be February 12, 2018 at 5 p.m. in Council Chambers.

Councilor Nash reminded those present that the Cannabis Control Commission will be holding a hearing on Monday from 2 to 5 p.m. at Holyoke Community College. Anyone interested in the topic of retail marijuana is encouraged to attend. The commission is holding hearings to solicit public comment.

Communications Communications and Proclamations From the Mayor: and Proclama- tions from Mayor None

Consent Agenda Consent Agenda

Councilor O’Donnell announced his intention to take the consent agenda out of order since there were several people present for its items. Hearing no objection, he reviewed the listed items, clarifying that a vote to approve the agenda would be equivalent to referring the various appointments to the City Council Committee on City Services.

Councilor O’Donnell asked if anyone wished to remove an item for separate discussion. As no one did, Councilor Dwight moved to approve the consent agenda. Councilor LaBarge seconded. The motion passed 8:0 with one abstention (Councilor Murphy).

The following items were approved as part of the consent agenda: A. Approval of Minutes of January 10, 2018 B. Approve 18.013 National Grid Underground Conduit Petition for 23 Atwood Drive C. 18.017 Application for Secondhand Dealer's License - Tim's Used Books, Inc. D. 18.025 Appointments to Housing Partnership, License Commission and Trust Fund Committee - for referral to City Services E. 18.026 Application for Taxicab License - Cosmic Cab Company

Resolutions Resolutions:

18.003 Resolu- 18.003 Resolution of the City Council of the City of Northampton in Support of 100 tion of the City Percent Renewable Energy – 2nd Reading Council in Support of 100 Councilor O’Donnell announced his intention to waive the reading of the resolution Percent Renew- since it was read during the first reading. There being no objection, the reading was able Energy – waived by consent. 2nd Reading Councilor LaBarge moved to approve the resolution in second reading. Councilor Klein seconded.

Councilor O’Donnell called the motion to a vote, and it passed on a roll call vote of 9:0.

The following resolution passed second reading:

City of

Northampton Massachusetts

In the City Council, January 18, in the Year Two Thousand and Eighteen

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Upon the recommendation of Councilor Alisa F. Klein, Councilor William H. Dwight, the Northampton Mayor’s Youth Commission, and the Northampton Energy and

Sustainability Commission

R-18.003

Resolution of the City Council of the City of Northampton in Support of 100 Percent Renewable Energy

WHEREAS, too much of our energy in the State of Massachusetts and the City of Northampton comes from fossil fuels that pollute our air and water and damage our climate; and

WHEREAS, Massachusetts communities are already experiencing the impacts of

global warming through environmental phenomena such as rising sea levels, unprecedentedly severe storms, temperature extremes, and elevated particulate matter and smog pollution; and public health

dangers such as an increase in pollution-related asthma and

1 cardiovascular disease ; and

WHEREAS, a goal of 100 percent renewable, clean energy will contribute to the mitigation of climate change, improve our City’s air and water quality, and protect the health of our community’s children, adults, and families; and

WHEREAS, the City of Northampton is already a proven leader in actively reducing carbon emissions and promoting clean energy by: • Developing and implementing the Sustainable Northampton master plan; • Constructing a large municipal solar array on a capped landfill, installing solar panels on several city-owned buildings, and

promoting a successful Solarize Northampton program;

• Conducting the HeatSmart Northampton initiative to encourage

residents and businesses to install cold climate air source heat pumps; • Developing and expanding bicycle and pedestrian infrastructure throughout the City; • Implementing energy efficiency upgrades in municipal buildings and street lights; • Requiring new or renovated city buildings to meet LEED standards, • Purchasing electric vehicles and installing public charging stations on city property;

• Mayor David J. Narkewicz signing onto the Global Covenant of

Mayors for Climate & Energy committing the City to reducing

greenhouse gas emissions and enhancing resilience to climate change; and signing onto the Climate Mayors Agreement to adopt and uphold the climate change mitigation goals enshrined in the Paris Agreement despite President Donald Trump’s withdrawal of the United States from the Agreement; • The City Council passing unanimously an April 20, 2017 Resolution Calling on the Massachusetts Legislature to Establish Carbon Pollution Pricing to Curb Climate Change; and

1 Hellerstein, B., Aristizabal, N., & Eddy, D. (August, 2017). 100% Renewable Boston: How Boston can accelerate the transition from fossil fuels to clean, renewable energy. Boston: Environment Massachusetts Research and Policy Center.

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WHEREAS, the transition to 100 percent renewable energy will promote employment opportunities and economic growth in Massachusetts and Northampton, facilitate local control and ownership over energy options, and bring tangible benefits to low-income residents and others who have historically been disadvantaged by fossil fuel-based energy systems; and

WHEREAS, the State of Massachusetts and the City of Northampton can get 100

percent of our energy from clean, renewable sources by harnessing our abundant solar and wind resources and taking advantage of innovations in energy efficiency, green transportation, energy storage, and other technologies; and

WHEREAS, as Northampton revises its Sustainable Northampton plan for the next 10 years, it is incumbent upon us to continue our environmental leadership throughout the State and the United States by adopting an ambitious and comprehensive plan to phase out the use of fossil fuels, transition to renewable energy, and incorporate many principles consistent with the concepts outlined herein; and

WHEREAS, S.1849 - An Act Transitioning Massachusetts to 100 Percent Renewable Energy, and H.3395 – An Act To Transition Massachusetts

to 100 Percent Renewable Energy, currently being considered in the

Massachusetts State Legislature, call for the transition of the

Commonwealth to “100 percent clean, renewable energy by 2050 in order to (1) avoid pollution of our air, water and land, reduce greenhouse gas emissions, and ultimately eliminate our use of fossil fuels and other polluting and dangerous forms of energy; (2) increase energy security by reducing our reliance on imported sources of energy and maximizing renewable energy production in Massachusetts and in our region; (3) increase economic development by stimulating public and private investments in clean energy and energy efficiency projects; (4) create local jobs by harnessing Massachusetts’ skilled workforce, business leadership, and academic institutions to advance new technologies, improve the energy performance of homes and workplaces, and deploy renewable

energy across the commonwealth; and (5) improve the quality of life and economic well-being of all Massachusetts residents, with an

emphasis on communities and populations that have been

disproportionately affected by pollution and high costs under our

energy system.

NOW THEREFORE BE IT RESOLVED that the City Council of Northampton, Massachusetts supports rapid attainment of a goal of 100 percent clean, renewable energy for the State of Massachusetts and the City of Northampton.

BE IT FURTHER RESOLVED that the City of Northampton should consider all municipal decisions in light of whether or not they will bring the City and its residents, businesses, and institutions closer to 100 percent renewable energy, and will avoid taking actions that could increase the use of fossil fuels or delay the transition to 100 percent renewable energy.

BE IT FURTHER RESOLVED that the City of Northampton should strive to continue to take actions that promote clean energy and reduce fossil fuel use, including:

• Continued energy efficiency upgrades in municipal buildings;

• Continued promotion of energy efficiency upgrades in private homes and businesses; and

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• Consideration of the use of municipal electricity aggregation (“Community Choice Aggregation” or “CCA,” also known as “Community Choice Energy” or “CCE”) jointly with other nearby municipalities pursuant to G. L. c. 164, § 134 to reduce our greenhouse gas emissions, stabilize our electricity rates, and add resiliency to our electric grid through the development of a comprehensive energy plan to reduce our energy consumption, develop

local renewable energy generation, and exceed the Renewable Portfolio

Standard requirement for class 1 RECS in our energy supply.

BE IT FURTHER RESOLVED that the City Council of Northampton, Massachusetts supports S.1849 and H.3395, applauds Representative Peter V. Kocot for signing on as a petitioner to H.3395, and urges the Massachusetts Senate, House of Representatives, and the Governor of the Commonwealth to adopt in a timely manner these or other similar bills that will bring Massachusetts in line with a 100 percent renewable future.

BE IT FURTHER RESOLVED that the Administrative Assistant to the City Council shall cause a copy of this resolution to be sent to U.S. Senator Elizabeth Warren; U.S. Senator Ed Markey; U.S. Representative James McGovern; MA Governor Charles Baker; MA Acting Senate President Harriette L. Chandler; MA Speaker of the House Robert A. DeLeo; MA State Representative Peter V. Kocot; Northampton Mayor David J. Narkewicz; lead sponsor of S. 1849, Senator James B. Eldridge; Senate Chair of the Joint Committee on Telecommunications, Utilities and Energy, State Senator Michael J. Barrett; House Chair of the Joint Committee on Telecommunications, Utilities and Energy, State Representative Thomas A. Golden, Jr.; Senate Vice Chair

of the Joint Committee on Telecommunications, Utilities and Energy, State Senator

Michael D. Brady; House Vice Chair of the Joint Committee on Telecommunications,

Utilities and Energy, State Representative Frank A. Moran; all members of the Joint Committee on Telecommunications, Utilities and Energy: State Senators Marc R. Pacheco, Anne M. Gobi, Joan B. Lovely, Bruce E. Tarr; and State Representatives James M. Cantwell, Carolyn C. Dykema, Nick Collins, Josh S. Cutler, Adrian Madaro, Daniel Cahill, Joan Meschino, Leonard Mirra, and Randy Hunt.

~ This resolution was developed with enormous thanks to Northampton residents Adele Franks and

Sam Titelman who initiated the idea and gathered data for inclusion in the resolution. ~

Rules suspended; passed two readings and enrolled.

18.031Resolution 18.031 Resolution calling for DHS to extend Temporary Protected Status (TPS) for all calling for DHS nationals who cannot safely return to their home countries - 1st Reading to extend Temporary Councilor O’Donnell read the text of the resolution. Protected Status (TPS) for all Councilor LaBarge moved to approve the resolution. Councilor Nash seconded. nationals who cannot safely Councilor Nash thanked Councilor Dwight and Councilor LaBarge for working on return to their the resolution with him and recognized local resident Jonathan Goldman, a recently- home countries - elected member of the Massachusetts State Democratic Committee, for bringing the 1st Reading issue to their attention.

Sponsors have heard from representatives of the Pioneer Valley Worker’s Center and they are looking forward to providing testimony on this resolution, he shared. He anticipates hearing at the next meeting from people who can testify about what it is like to live under this status and how harrowing it can be.

The Secretary of the Department of Homeland Security (DHS) may designate a foreign country for Temporary Protected Status (TPS) due to conditions within the country that temporarily prevent nationals from returning safely or in certain circumstances where a country is unable to adequately handle the return of its nationals, Councilor Nash advised. The secretary may designate a country for TPS

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due to the following temporary conditions: ongoing armed conflict such as a civil war, an environmental disaster such as an earthquake, hurricane or epidemic and other extraordinary and temporary conditions.

In El Salvador, an earthquake in 2001 killed 944 people, injured 5,565, destroyed 108,000 houses and damaged 169,000 others. In the City of San Salvador alone, 150,000 buildings were destroyed.

In 2010, a major earthquake in Haiti devastated many homes near Port-au-Prince, leaving people sleeping in the streets for many nights because they were afraid to go back into their homes.

In Honduras, Hurricane Mitch ravaged the country in 1998, killing about 7,000 people and devastating the agricultural sector.

President Trump has set a hard date of September 2019 to end TPS for these people, Councilor Nash continued. Many have been here for over 20 years and own cars and homes. They are not here illegally; they are good neighbors and citizens and have followed the rules set up for this immigration status. Our business-minded president should realize that they are good for business and good for our economy. President Trump stated over and over that he would only prosecute the ‘bad hombres,’ but he has broken his promise repeatedly. Mr. Trump’s immigration policies are harsh and lacking compassion. He has already deported good citizens, good workers, and good parents and broken up families. His hard line with TPs will bring more of the same for these families from El Salvador, Honduras and Haiti.

As the great grandson of immigrants from Ireland he asked his colleagues to join him in supporting the resolution to extend TPS for their neighbors from Honduras, El Salvador, Nicaragua and Haiti.

Councilor LaBarge said she supports the resolution and is proud to be one of its sponsors. DHS does not want to extend the designation of TPS. Why, she asked rhetorically. Local immigrants are being adversely affected by Trump’s administrative policies. We need to focus on family; on reunification and not division. This should not be happening; the way immigrants are being treated is unacceptable, she lamented.

The City of Northampton is a sanctuary city and its residents support, respect and value immigrants; they are our families, she stressed. TPS keeps families together, and they contribute to the economy and the community as a whole. State senators need to step up and move quickly to protect their rights. She wants all immigrants living in this sanctuary city to know “we are very supportive and will be there for them.”

Not long ago when we were a more moral land with a sense of altruism, we actually afforded the dreamers and people from ravaged countries sanctuary and safety, Councilor Dwight reminded. As Councilor Nash mentioned, these people registered and met all the requirements to qualify for TPS. They are the low-hanging fruit of a cynical administration that is going after immigrants in a very bigoted fashion. He referred to President Trump’s recent insensitive reference to countries he doesn’t consider worthy of asylum. Immigrants with TPS status are more vulnerable than some others living in underground circumstances because, “we know where they live, we know where they go to school, we know where they bank [and] we know where they . . . work.” Ending TPS for these individuals is just “a cynical and grotesque display” to appeal to some of the baser instincts and attitudes in this country that are a source of shame, he suggested.

He is grateful for the opportunity to at least appeal [the action]; the fact is, not saying anything is being complicit; it is being engaged in allowing this kind of governance to continue. He, for one, would not like to ever be considered a participant or a silent consenter. He objects, and he expressed confidence that the council and the community also objects ‘as loudly as we possibly can.’

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Councilor O’Donnell commented that, in contrast to the pessimism he gets by looking at national events, he finds the work of the three sponsors inspiring.

1st Reading

He called the motion to a vote, and it passed unanimously on first reading by roll call vote of 9:0.

See minutes of February 15, 2018 for second reading.

Recess for At 7:55 p.m. the City Council recessed for the Committee on Finance meeting. The Committee on Committee on Finance meeting adjourned at 8:17 p.m. The City Council took a brief Finance Meeting recess, after which it reconvened at 8:30 p.m.

Financial Orders Financial Orders 18.004 Order to Appropriate 18.004 An Order to Appropriate Community Preservation Act Funds for Housing Community Support Services – 2nd Reading Preservation Act Funds for Hous- Councilor LaBarge moved to approve the order in 2nd reading. Councilor Klein seconded. The ing Support motion passed by roll call vote of 9 Yes, 0 No. Services – 2nd Reading The following order passed second reading:

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Rules suspended, passed two readings and enrolled

18.005 Order to 18.005 Order to Appropriate Community Preservation Act Funds for Restoration of Jail Appropriate Com- Farm Parcel to Agricultural Use – 2nd Reading munity Preserva- tion Act Funds for Councilor LaBarge moved to approve the order in 2nd reading. Councilor Klein seconded the Restoration of Jail motion. The motion passed unanimously by roll call vote of 9 Yes, 0 No. Farm Parcel to Agricultural Use- The following order passed second reading: 2nd Reading

City of Northampton MASSACHUSETTS

In City Council, January 18, 2018

Upon the recommendation of the Community Preservation Committee 18.005 Order to Appropriate Community Preservation Act Funds for Restoration of Jail Farm Parcel to Agricultural Use

Ordered, that

WHEREAS, the Northampton Office of Planning and Sustainability submitted an

application for Community Preservation Act funding for restoration of

the three-acre former Jail Farm parcel in the Meadows;

WHEREAS, the parcel is being provided to the City at no cost as a state surplus

property, and a small investment of CPA funds will restore the long-

vacant farmland to working agriculture;

WHEREAS, the parcel will be permanently protected through an agricultural preservation restriction;

WHEREAS, on September 27, 2017, the Northampton Community Preservation Committee, voted unanimously to recommend that $3,000 in Community Preservation Act funds be used to support this project.

NOW, THEREFORE BE IT ORDERED,

That $3,000 be appropriated from Community Preservation Act funding to the Jail Farm Restoration project. And, that the grantee meets the conditions approved by the Community Preservation Committee, the Mayor, and City Council.

Specifically, $3,000 is allocated from the CPA Open Space Reserve (account # 2344930-359930)

Rules suspended, passed two readings and enrolled.

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18.007 Order to 18.007 An Order to Appropriate Community Preservation Act Funds for Mass Central Appropriate Com- Rail Trail Extension – 2nd Reading munity Preserva- tion Act Funds Councilor Klein moved to approve the order in 2nd reading. Councilor LaBarge seconded the for Mass Central motion. The motion passed by roll call vote of 9 Yes, 0 No. Rail Trail Ext. – 2nd Reading The following order passed second reading:

City of Northampton

MASSACHUSETTS

In City Council, January 18, 2018

Upon the recommendation of the Community Preservation Committee

18.007 Order to Appropriate Community Preservation Act Funds for Mass Central Rail Trail Extension

Ordered, that

WHEREAS, the Northampton Office of Planning and Sustainability submitted an application for Community Preservation Act funding for continued construction of the Mass Central Rail Trail in Leeds

WHEREAS, the project meets the goals of the Northampton Sustainability Plan and Open Space, Recreation and Multi-Use Trail Plan.

WHEREAS, the project has wide community and regional support, and will bring the trail to the Williamsburg Town Line.

WHEREAS, CPA funds will be used as a match for Federal Recreation Trails Program grant funds.

WHEREAS, on November 15, 2017, the Northampton Community Preservation Committee, voted unanimously to recommend that $50,000 in Community Preservation Act funds be used to support this project.

NOW, THEREFORE BE IT ORDERED,

That $50,000 be appropriated from Community Preservation Act funding to the MassCentral Rail Trail Extension. And, that the grantee meets the conditions approved by the Community Preservation Committee, the Mayor, and City Council.

Specifically, $50,000 is allocated from the CPA Undesignated Reserve (account #2344930-359930).

Rules suspended, passed two readings and enrolled.

18.008 Order to 18.008 An Order to Appropriate Community Preservation Act Funds for the Sargeant Appropriate House Expansion Project at 82 Bridge Street – 2nd Reading Community Preservation Act Councilor LaBarge moved to approve the order in 2nd reading. Councilor Dwight seconded the Funds for the motion. The motion passed by roll call vote of 9 Yes, 0 No. Sargeant House Expansion at 82 The following order passed second reading: Bridge Street

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Rules suspended, passed two readings and enrolled.

18.009 Order to 18.009 An Order to Appropriate CPA Funds for Affordable Housing as Part of Village Hill Appropriate CPA Apartments – 2nd Reading Funds for Affordable Hous- Councilor Dwight moved to approve the order in 2nd reading. Councilor Bidwell seconded the ing as Part of motion. The motion passed by roll call vote of 9 Yes, 0 No. Village Hill Apart- ments-2nd Reading The following order passed second reading:

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Rules suspended, passed two readings and enrolled.

18.010 An Order 18.010 An Order to Appropriate CPA Funds to the Conservation Fund – 2nd Reading to Appropriate

CPA Funds to Councilor LaBarge moved to approve the order in 1st reading. Councilor Dwight seconded the the Conservation motion. The motion passed by roll call vote of 9 Yes, 0 No. Fund-2nd

Reading The following order passed second reading:

City of Northampton MASSACHUSETTS

In City Council, January 18, 2018

Upon the recommendation of the Community Preservation Committee 18.010 An Order to Appropriate CPA Funds to the Conservation Fund

Ordered, that

WHEREAS, the Northampton Conservation Commission submitted an application

for Community Preservation Act funding for the Conservation Fund.

WHEREAS, the fund makes possible increased acquisition or protection of open

space parcels in Northampton by supporting fast action on time-

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sensitive real estate opportunities, and placement of permanent conservation restrictions.

WHEREAS, the project may leverage additional public and/or private funds.

WHEREAS, the project meets the goals of the Northampton Sustainability Plan for protection of open space and agricultural lands.

WHEREAS, the applicant has used these funds effectively in the past towards the protection of several hundred acres of open space, reflecting the goals established by the Community Preservation Committee.

WHEREAS, all land purchases will be reviewed and approved by the Conservation Commission and the City Council.

WHEREAS, on November 15, 2017, the Northampton Community Preservation Committee, voted unanimously to recommend that $50,000 in Community Preservation Act funds be used to support this project.

NOW, THEREFORE BE IT ORDERED,

That $50,000 be appropriated from Community Preservation Act funding to the Northampton Conservation Fund. And, that the grantee meets the conditions approved by the Community Preservation Committee, the Mayor, and City Council.

Specifically, $50,000 is allocated from the CPA Open Space Reserve (account #2344930-359931)

Rules suspended, passed two readings and enrolled.

18.011 Order to 18.011 An Order to Appropriate CPA Funds for a PV Habitat for Humanity Home on Appropriate CPA Garfield Avenue – 2nd Reading Funds for a PV Habitat for Councilor LaBarge moved to approve the order in second reading. Councilor Dwight seconded Humanity Home the motion. The motion passed by roll call vote of 9 Yes, 0 No. on Garfield Ave. – 2nd Reading The following order passed second reading:

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Rules suspended, passed two readings and enrolled.

18.012 Order to 18.012 An Order to Appropriate CPA Funds for Three PV Habitat for Humanity Appropriate CPA Affordable Homes on Glendale Road – 2nd Reading Funds for Three PV Habitat for Councilor Bidwell moved to approve the order in 2nd reading. Councilor LaBarge seconded. Humanity Afford- The motion passed by roll call vote of 9 Yes, 0 No. able Homes on Glendale Road – The following order passed second reading: 2nd Reading

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Rules suspended, passed two readings and enrolled.

18.018 Order to 18.018 Order to Appropriate $20,000 in Whiting Street Trust Funds - 1st Reading Appropriate $20,000 in Councilor LaBarge moved to approve the order in 1st reading. Councilor Bidwell seconded. Whiting Street The motion passed unanimously 9:0 by roll call vote. Trust Funds - 1st Reading See minutes of February 15, 2018 for second reading

18.019 Order to 18.019 Order to Rescind Borrowing Authority - 4 Votes - 1st Reading Rescind Borrowing Councilor Klein moved to approve the order in 1st reading. Councilor Dwight seconded. The Authority - 4 motion passed unanimously 9:0 by roll call vote. Votes - 1st Reading See minutes of February 15, 2018 for second reading.

18.020 Order to 18.020 Order to Reprogram Money for Academy of Music (AOM) Stage Doors to AOM Reprogram Foundation Repairs - 1st Reading Money for AOM Stage Doors to Councilor LaBarge moved to approve the order in 1st reading. Councilor Dwight seconded. The AOM Foundation motion passed unanimously 9:0 by roll call vote. Repairs-1st Reading See minutes of February 15, 2018 for second reading.

18.028 Order to 18.028 Order to Accept M.G.L. Ch. 64N, Section 3 (a), Local Option Sales Tax on Accept M.G.L. Marijuana Sales Ch. 64N, Section 3 (a), Local Councilor O’Donnell asked if there was any objection to moving this item down to the end of

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Option Sales Tax the orders to be considered together with the four ordinances related to retail marijuana. He on Marijuana would like to have a general discussion about the council’s process for handling these related Sales measures, he explained. There being no objection, he moved on to the next item.

18.032 Order to 18.032 Order to Appropriate $20,000 Free Cash and $5,000 from Disability Commission Appropriate Fund for Design Costs of ADA Grant - 1st Reading $20,000 Free Cash and $5,000 Councilor LaBarge moved to approve the order in 1st reading. Councilor Klein seconded. The from Disability motion passed unanimously 9:0 by roll call vote. Commission Fund for Design Councilor LaBarge moved to suspend council rules to allow a second reading at the same Costs of ADA meeting. Councilor Dwight seconded. The motion passed unanimously by voice vote. Grant-1st Reading Rules suspended Councilor Dwight moved to approve the order in 2nd reading. Councilor Sciarra seconded. The motion passed unanimously 9:0 by roll call vote.

Passed Second The following order passed second reading: Reading

City of Northampton MASSACHUSETTS ______

In City Council February 1, 2018

Upon recommendation of the Mayor and the Disability Commission

O-18.032 Order to Appropriate 20,000 from Free Cash and 5,000 from Disability Commission Fund for Design Costs of ADA Grant Whereas, the City has been awarded a FY18 Municipal ADA Improvement Program Grant from the Massachusetts Office on Disability in the amount of $250,000; Whereas, the project will fund accessibility improvements to the walkways

serving the primary public buildings including: city hall, the municipal office

building and Memorial Hall. The project involves replacing concrete walkways with

proper slopes, adjusting steep drop-offs, installing compliant handrails, lighting,

wheelchair ramps, detectable warning panels, crosswalk safety improvements and

associated costs;

Whereas, the grant funds will cover construction costs, the city must provide funds for the design; Therefore ordered, that

$5,000 is to be appropriated from the Disability Commission Fund (Fund 2434)

established under MGL C.40 s. 22G and $20,000 will be appropriated from the FY18

General Fund Undesignated Fund Balance (Free Cash) to provide a total of $25,000

for design costs to leverage the ADA Improvement Grant.

Rules suspended, passed two readings and enrolled.

Orders Orders

18.021 Order for 18.021 Order for King Street Acceptance - per Ch. 295-32, refer to 'Public Works King Street Commission' and Planning Board Acceptance 18.022 Petition 18.022 Petition for King Street Acceptance - per Ch. 285-32, refer to 'Public Works for King Street Commission' and Planning Board Acceptance 18.023 Petition 18.023 Petition for Garfield Street Acceptance - per Ch. 285-32, refer to 'Public Works for Garfield Commission' and Planning Board Street Acceptance 18.024 Order for Garfield Street Acceptance - per Ch. 285-32, refer to 'Public Works

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18.024 Order for Commission' and Planning Board Garfield Street Acceptance Councilor O’Donnell stated his intention to take these related items as a group. According to state law, the process for street acceptance is to refer the petition to the Planning Board and to either the full council or one of its committees for a public hearing to consider the laying out of the road. The procedural problem is that the local ordinance on the books makes reference to referring petitions to the Public Works Commission, which no longer exists. The city solicitor did research that basically affirms that the appropriate process is to refer the petition to the Planning Board and to a body of the City Council, he confirmed.

His recommendation would be to refer the petition to Legislative Matters, since it frequently deals with issues that the planning Board also deals with, such as ordinances.

Councilor LaBarge so moved. Councilor Dwight seconded.

Members discussed which committee to refer the petitions to. Councilor Dwight noted that, with the proposal to eliminate the Committee on Public Works and Utilities, there is no longer a committee dedicated to DPW issues. After discussing various options, Councilor O’Donnell commented that the Solomonic response would be to refer it to the whole council.

Councilor Dwight said that was going to be his recommendation anyways. He moved to amend the motion to refer the petitions/orders to the Planning Board and to the full city council. Motion to Refer Councilor LaBarge seconded. to Planning Board and Full Councilor O’Donnell called the amended motion to a vote, and it passed 9:0 by voice vote. City Council (Councilor Dwight clarified that the motion applied to all four items.)

18.029 Order to Designate Certain School Employees as Special Municipal Employees – 1st Reading 18.029 Order to Designate Councilor O’Donnell read the text of the order. Certain School Employees as Councilor LaBarge moved to approve the order. Councilor Dwight seconded. Special Municipal The special municipal employee designation is a provision of Massachusetts General Law that Employees provides limited relief to the state’s conflict of interest rules, Mayor Narkewicz explained. The City Council over time has designated most of the city’s boards and commissions as special municipal employees. One of the most common reasons is that, according to the letter of the law, a wildlife biologist serving on the Conservation Commission would be prohibited from representing any Northampton resident before any city boards. A prohibition against holding two contracts would also prevent someone who is a teacher from acting as a coach or an extra-curricular advisor. Technically holding both positions would not be allowed unless the position was designated as a special municipal employee. He cited the case of a firefighter who wanted to be a coach as another example of a situation that would be prohibited without this designation.

Mayor Narkewicz clarified that it is positions that are designated as SME’s as opposed to individuals. His request is for this designation to be applied to coaches and extra-curricular club advisors for both the Northampton Public Schools and Smith Vocational School.

Councilor Dwight asked if this in any way affects the bargaining status of a union member, and Mayor Narkewicz said not at all

Councilor O’Donnell called the motion to a vote, and it passed on a roll call vote of 9:0.

18.030 Order to Accept an Easement at Village Hill

This is upon the recommendation of the Office of Planning & Sustainability, Councilor 18.030 Order to O’Donnell advised. He read the text of the order. Accept an Easement at Councilor Bidwell said he would like to see this referred to a committee, possibly Community Village Hill Resources. There are a lot of Village Hill residents that pay a lot of attention to open space

38 City Council Minutes February 1, 2018

issues, and he thinks it would be appropriate to give them an opportunity for input.

Mayor Narkewicz pointed out that the trails have already been built and the homes have been sold. Creation of permanent open space was a condition of the Special Permit for the redevelopment of the former Northampton State Hospital and a condition of the Master Plan. Building the trails and giving the city easements was a requirement, so he is not sure there is much choice at this point about accepting the easement. However, he doesn’t have a problem if the council wants to make sure residents are well-informed.

Councilor O’Donnell asked what process Councilor Bidwell would use for engaging the community other than it being on the agenda. Councilor Bidwell said he would be glad to put it on the listserv.

While recognizing the importance of notifying the abutting community, Councilor Dwight stressed that the topic is also of interest to the greater community since establishment of permanently-protected open space was one of the principle tenets of redevelopment of the former state hospital. He seconded the motion to refer.

Councilor O’Donnell announced his acceptance of Bidwell’s earlier comment as a motion with a second from Councilor Dwight.

The next Community Resources meeting is February 27, 2018, Mrs. Krutzler advised. Councilor O’Donnell noted that this would give them an opportunity to announce the agenda item at the next City Council meeting.

Motion passed 9:0 by voice vote.

18.028 Order to Accept M.G.L. Ch. 64N, Section 3 (a), Local Option Sales Tax on Marijuana Sales

18.028 Order to Councilor O’Donnell referenced the five remaining items on the agenda: 18.028, the Local Accept M.G.L. Option Sales Tax on Marijuana and 18.027, 18.033, 18.034 and 18.035, all Ordinance(s) Ch. 64N, Section Relative to Zoning and Marijuana. He said he thought it would be allowable and in order to 3(a), Local have a brief discussion of how to handle the five measures related to retail marijuana. His Option Sales Tax take-away from public comments is that residents would like to have a forum to provide input. on Marijuana Sales Councilor Dwight said he would first like to address the comment heard that people would like 18.027 Ordinance to have a seat at the table. Not only is there an open invitation, but the hope is that they will Relative to attend, he stressed. It is a public, deliberative process. There are several opportunities for Zoning and public discussion as retail marijuana sales get slowly introduced, he assured. Marijuana 18.033 An Councilor O’Donnell said he would like to get a sense of the timelines imposed by state law. Ordinance Relative to The timelines are tight, Mayor Narkewicz advised. The state does not yet have a fully- Zoning and approved regulation, although the Cannabis Control Commission is holding hearings on the Marijuana draft regulations. State officials have set a goal of having final regulations passed by March as 18.034 An applications are available April 1st and the expectation is that licenses will be issued July 1st. Ordinance Licensing is mostly a state process. The proposals he put forward are really just adapting the Relative to zoning ordinance to retail marijuana as they once did with medical marijuana. Zoning and Marijuana A lot of the questions heard tonight will be answered by the commission. 18.035 An Ordinance Regarding so-called ‘pot bars,’ Councilor Dwight clarified that these facilities are separate from Relative to the retail marijuana establishments allowed under pending regulations and, as he understands Zoning and it, require a ballot measure for approval. It’s important to note that there will be many, many, Marijuana many bites of the apple as officials go forward with this process, he confirmed.

Councilor Dwight voiced his perception that people are seeking a larger, more comprehensive process to allow them to weigh in. He said he doesn’t know what that would look like and wasn’t sure the city council should be sponsoring it.

Mayor Narkewicz pointed out that this is essentially the same process followed for introduction

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of ordinances related to medical marijuana. Zoning ordinances were filed and there was a lot of public input at the Planning Board and City Council level. He joined Councilor Nash in encouraging people to attend the hearing of the Cannabis Control Commission in Holyoke since that is where they are likely to have the greatest impact, as much of the regulations are under state purview.

Councilor O’Donnell asked Mayor Narkewicz to speak to the general impression that there is an importance to finalizing the zoning before licenses are taken out April 1st.

It’s less about the license than about the Zoning Permit Application, Mayor Narkewicz stressed. Whatever zoning is in effect when the applicant for a zoning permit is what will apply. City officials don’t have to do anything to the zoning if they don’t want to, but they think it is responsible to identify retail marijuana establishments as a separate use and regulate them accordingly. They could just be treated as a regular retail use, he pointed out.

Discussion continued with the subject of caps on the number of licenses. Mayor Narkewicz pointed out that a cap could be imposed a year from now. Just because the first license is pulled doesn’t mean a cap cannot ever be put in place. He did not propose a cap because, if there is going to be a cap, he thought it was something the city council should develop. He didn’t think it belonged in zoning, since it is a policy and political decision.

Councilor Klein asked about the internal process for developing the zoning. She asked if input from the Northampton Prevention Coalition (NPC), SPIFFY and the Board of Health is reflected in the regulations.

He’s had conversations with the health director, but those organizations were otherwise not involved in developing the zoning, Mayor Narkewicz replied. He wanted to put the zoning out there [for discussion and consideration]. He is following the same process as for medical marijuana, he reiterated.

NPC, SPIFFY and the Board of Health have all expressed an interest in doing some sort of formal presentations for the council, Councilor Klein related. She said she thinks it’s really important to bring that expertise into the room in some way without limiting the presenters to a three-minute speech.

His expectation is that the council will send the proposals to committees and that the committees will then take on a leadership role to structure a more expansive forum, Councilor O’Donnell volunteered.

Councilor Murphy pointed out that the proposals before them are for zoning. He voiced concern that the April 1st timeline is too late since an individual with a contract to lease a property for future use as a retail marijuana establishment could potentially apply for a zoning permit prior to that date.

Mayor Narkewicz reiterated that the city is not required to make changes to its zoning. If they don’t make any changes retail would be treated as retail and industrial would be treated as industrial [subject to the zoning restrictions for those uses], he indicated. He thinks they would be protected in any case.

One thing he heard in public comment was the idea of some portion of the 3% [sales tax] being dedicated toward education and prevention, Councilor Bidwell shared.

Probably the best vehicle for discussing that would be the host agreement which he would negotiate with the owners, Mayor Narkewicz responded. The host agreement spells out what kinds of activities the host fee can be used toward, he clarified.

Councilor Carney expressed her understanding that they are talking about two processes: referral of the zoning ordinances to Legislative Matters as proposed ordinance changes and referral of the broader issue of retail marijuana sales for a community-wide discussion. The question is whether they would like to have more than one committee look at the zoning proposals and whether they would like to hold a broader community forum, she suggested.

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A portion of the state tax on marijuana is also supposed to be directed toward education and rehabilitation, etc., Councilor Dwight pointed out. He agreed with Councilor Carney’s point that they should discuss the zoning of marijuana enterprises separately from a broader discussion of more general issues associated with retail marijuana. This will allow for a more expansive discussion without the time constraints involved in the adoption of zoning regulations.

Zoning falls under Community Resources, and the next meeting of the Community Resources Committee is February 27th, Councilor Sciarra noted.

The next Legislative Matters meeting is February 12th, but they might be meeting on the 27th as well, Councilor Dwight advised.

Councilor O’Donnell said he would like to follow the expressed strategy of referring the zoning ordinances to Legislative Matters, the Local Option Sales Tax to the Finance Committee and holding a more general community meeting for other issues in Community Resources. He would like to be able to report to the public at the next meeting as to where they could go to provide comment. Other councilors indicated agreement.

Councilor O’Donnell read the text of 18.028 An Order to Accept M.G.L. Ch. 64N, Section 3 (a), Local Option Sales Tax on Marijuana Sales.

Councilor Dwight moved to refer the order to the Finance Committee. Councilor Sciarra seconded. The motion passed unanimously 9:0 by voice vote.

Councilors agreed to take 18.027, 18.033, 18.034 and 18.035 as a group. 18.027, 18.033, 18.034, 18.035 Councilor O’Donnell summarized the content of the ordinances. Referred to Legislative Councilor Klein moved to refer the ordinances as a group to Legislative Matters and the Matters and Planning Board. Councilor Carney seconded. The motion passed unanimously 9:0 by voice Planning Board vote.

At 9:35 p.m., a motion to adjourn was made by Councilor Dwight and seconded by Councilor LaBarge. The vote to adjourn passed on a voice vote of 9 Yes, 0 No. The meeting was adjourned at 9:35 p.m.

Attest: Laura Krutzler, Administrative Assistant to the City Council

41 2018 - 2019 ROLL CALL RECORD FOR NORTHAMPTON CITY COUNCIL Record of City Council Votes for February 1, 2018 Bidwell Carney Dwight Klein LaBarge Murphy Nash O'Donnell Sciarra Total

Roll Call by Laura Krutzler, Administrative Assistant to the to the City Council @ 7:32 p.m. Present Present Present Present Present Present Present Present Present 9 Present 18.003 Resolution of the City Council of the City of Northampton Yes Yes Yes Second Yes Motion to Yes Yes Yes Yes Motion in Support of 100 Percent Renewable Energy - 2nd Reading 2nd Approve carried 9 Reading Yes Yes, 0 No

18.031 Resolution calling for DHS to extend Temporary Protected Yes Yes Yes Yes Motion to Yes Second Yes Yes Yes Motion Status (TPS) for all nationals who cannot safely return to their Approve carried 9 Yes Yes, 0 No home countries - 1st Reading 1st Reading

18.004 An Order to Appropriate Community Preservation Act 2nd Yes Yes Yes Second Yes Motion to Yes Yes Yes Yes Motion Funds for Housing Support Services - 2nd Reading Reading Approve carried 9 Yes Yes, 0 No 18.005 Order to Appropriate Community Preservation Act Funds Yes Yes Yes Second Yes Motion to Yes Yes Yes Yes Motion for Restoration of Jail Farm Parcel to Agricultural Use - 2nd 2nd Approve carried 9 Reading Yes Yes, 0 No Reading Yes Yes Yes Motion to Second Yes Yes Yes Yes Yes Motion 18.007 An Order to Appropriate Community Preservation Act 2nd Funds for Mass Central Rail Trail Extension - 2nd Reading Approve carried 9 Reading Yes Yes, 0 No 18.008 An Order to Appropriate Community Preservation Act Yes Yes Second Yes Yes Motion to Yes Yes Yes Yes Motion Funds for the Sargeant House Expansion Project at 82 Bridge 2nd Approve carried 9 Reading Yes Yes, 0 No Street - 2nd Reading Second Yes Yes Motion to Yes Yes Yes Yes Yes Yes Motion 18.009 An Order to Appropriate CPA Funds for Affordable 2nd Housing as Part of Village Hill Apartments - 2nd Reading Approve carried 9 Reading Yes Yes, 0 No Yes Yes Second Yes Yes Motion to Yes Yes Yes Yes Motion 18.010 An Order to Appropriate CPA Funds to the Conservation 2nd Fund - 2nd Reading Approve carried 9 Reading Yes Yes, 0 No Yes Yes Second Yes Yes Motion to Yes Yes Yes Yes Motion 18.011 An Order to Appropriate CPA Funds for a PV Habitat for 2nd Approve carried 9 Humanity Home on Garfield Avenue - 2nd Reading Reading Yes Yes, 0 No 18.012 An Order to Appropriate CPA Funds for Three PV Habitat Motion to Yes Yes Yes Second Yes Yes Yes Yes Yes Motion for Humanity Affordable Homes on Glendale Road - 2nd Reading 2nd Approve carried 9 Reading Yes Yes, 0 No

1 Record of City Council Votes for February 1, 2018 Bidwell Carney Dwight Klein LaBarge Murphy Nash O'Donnell Sciarra Total 18.018 Order to Appropriate $20,000 in Whiting Street Trust Funds Second Yes Yes Yes Yes Motion to Yes Yes Yes Yes Motion - 1st Reading 1st Reading Approve carried 9 Yes Yes, 0 No 18.019 Order to Rescind Borrowing Authority - 4 Votes - 1st Yes Yes Second Yes Motion to Yes Yes Yes Yes Yes Motion Reading 1st Reading Approve carried 9 Yes Yes, 0 No 18.020 Order to Reprogram Money for Academy of Music (AOM) Yes Yes Second Yes Yes Motion to Yes Yes Yes Yes Motion Stage Doors to AOM Foundation Repairs - 1st Reading 1st Reading Approve carried 9 Yes Yes, 0 No 18.029 Order to Designate Certain School Employees as Special Yes Yes Second Yes Yes Motion to Yes Yes Yes Yes Motion Municipal Employees - 1st Reading 1st Reading Approve carried 9 Yes Yes, 0 No 18.032 Order to Appropriate $20,000 Free Cash and $5,000 from Yes Yes Yes Second Yes Motion to Yes Yes Yes Yes Motion Approve carried 9 Disability Commission Fund for Design Costs of ADA Grant - 1st 1st Reading Yes Yes, 0 No Reading Motion to Yes Yes Second Yes Yes Motion Yes Yes Yes Yes Passed 9:0 Suspend on Voice Rules Vote Yes Yes Motion to Yes Yes Yes Yes Yes Second Yes Motion 2nd Approve carried 9 Reading Yes Yes, 0 No At 9:35 p.m. Councilor Dwight moved to adjourn the meeting; Councilor LaBarge seconded the motion. The motion was approved on a voice vote of 9 Yes, 0 No. Recorded by: Laura Krutzler, Administrative Assistant to the City Council