3 MAYOR ALEX B. MORSE CITY OF HOLYOKE ai,8 223 2 February 11, 2016 ax orm fe — 2 2222 Honorable Holyoke City Council 42 25 City Hall 365 536 Dwight St * xl 64 Holyoke, MA 01040 Re: Veto of agenda item #10, received and adopted February 2, 2016 Honorable Members of the City Couneil In accordance with Section 24 of the City Charter, Thereby veto the attached order and return it to the Council with my objections, Although the language that was adopted essentially mirrors that of M.G.L. ch. 4, See. 4, the state law tha provides the method for acceptance of statutes, I concur with the opinion of the Law Department pro’ the Ordinance Committee that the ordinance as adopted would violate the Home Rule Amendment to the Constitution of the Commonwealth, Under Section 6 of the Home Rule Amendment, “any city or town may, by the adoption, amendment, or repeal of local ordinances or by-laws exercise any power or function which the general court has power to confer upon it, which is not inconsistent with the constitution of laws enacted by the gencral court in conformity with the powers reserved to the general court by section eight... sd to While this ordinance is not per se inconsistent with the General Law, through the adoption of Chapter 4, Section 4, the state has clearly reserved to itself the power to determine how statutes are accepted. This is not a power that has been conferred upon municipalities and therefore the City’s adoption of this ordinance violates the Home Rule Amendment. As with other orders recently adopted by the Council, this appears to be a reaction to one particular issue. namely the requirement for “local approval” set forth in M.G.L. ch. 111, sec. 215. I would hope thet in the future, the Council would focus it efforts on the important work we have facing us in the upcoming months, rather than adopting ordinances that simply mirror statutes, the provisions of which are already clear. Sincerely, heccharsr Mayor Alex B. Morse 536 DWIGHT STREET « MAYOR'S OFFICE « HOLYOKE, MASSACHUSETTS 01040-5019 PHONE: (413) 322-5510 + FAX: (413) 322-621 - EMAIL: morsea@holyoke.ora Birthplace of VolleyballAgenda # 10 City of Holyoke IN CITY COUNCIL Introduced by Councilor Kevin A. Jourdain, Anthony Soto Ordered, that whenever a statute is to take effect upon its acceptance by the City of Holyoke, this acceptance shall be, except as otherwise provided in that statute, in Holyoke, by vote of the Holyoke City Council, subject to the charter of the City of Holyoke." (Legal Reference MGL Chapter 4, Section 4) In City Council, June 24, 2015. Received and referred to the Ordinance Committee. Report of Committee received and the Ordinance passed its first reading. The Ordinance passed its second reading The Ordinance was passed to be enrolled. The Committee has considered the same and find that it is truly and properly enrolled. Report of Enrollment received. The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays --Yeas 13-Nays 1 (Lisi)~Absent 1 (Bresnahan). etn 1 Wiehe __ € Clerk Presented to the Mayor Mayors Office For Approval _Fe-brud. ry 4, 20Ke Holyoke, Mass. 20 Approved Vi io U 5 Gi Mayor7 MAYOR ALEX B. MORSE CITY OF HOLYOKE s = a February 11, 2016 a2 =o m B= Honorable Holyoke City Council S City Hall é 536 Dwight St Holyoke, MA 01040 Re: Veto of agenda item #20, received and adopted February 2, 2016 Honorable Members of the City Council: In accordance with Section 24 of the City Charter, | hereby veto the attached order and retum it to the Council with my objections. The granting of a license is a routine function of city government. The City grants licenses any time anyone uses City property for a temporary period of time. Licenses routinely granted by the City include the use of Parks and Recreation facilities and events at Wistariahurst, Further, any time anyone enters into a purchase and sale agreement with the City, the buyer will be granted a license to enter the property to conduct due diligence. It is apparent that this order is a reaction to the temporary license granted to the Sheriff's Department for the use of the former Geriatric Authority building. The Department of Capital Asset Management gave the City the option to issue a license or enter into a lease, Because all parties involved understood that this would be a temporary use of the property and because the Sheriff needed to be able to move to the property immediately, a license was deemed to be the best option. Contrary to the assertions of the Council, this is not a “loophole” in the law that must be addressed, Rather, I believe this order to be a reactionary overstepping of the Council's authority. This ordinance, as drafted, will have an impact on the City’s ability to perform the basic function of issuing licenses for Parks and Recreation facilities, among other routine licenses, Put simply, this ordinance would make our government slower, less efficient, and less responsive to constituents, Sincerely, Mayor Alex 8. Morse ‘536 OWIGHT STREET « MAYOR'S OFFICE « HOLYOKE, MASSACHUSETTS 01040-5019 PHONE: (413) 322-5510 + FAX: (413) 322-5521 « EMAIL: morsea@holyoke.org Birthplace of Volleyball‘Agenda # 20 City of Holyoke IN CITY COUNCIL, Introduced by Councilor Kevin A. Jourdain, David K. Bartley Ordered, Ordered That an ordinance be created which states that licenses in land or other real property of the City may not be issued unt! two-thirds of the City Council has approved. In City Council, January 5, 2016. Received and referred to the Ordinance Committee. In City Council, on February 2, 2016, the report of Committee received and the Ordinance passed its first reading. The Ordinance passed its second reading. The Ordinance was passed to be enrolled. The Committee has considered the same and find that it is truly and properly enrolled. Report of Enrollment received. The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays -Yeas 15-Nays 0 sony 0 ‘Clerk Presented to the Mayor Mayor's Office ForAporovel February 20! Holyoke, Mass. 20 Approved Veto — Ste attatched Wh , City Clerk Mayor