Events

City Council Meeting Text Size

Event takes place on March 05, 2013 at 7:00 PM
City Council Chamber 536 Dwight St. Holyoke MA

AGENDA FOR THE CITY COUNCIL
March 5,2013

PUBLIC COMMENT

COMMUNICATIONS

1.    Previous minutes of the regular City Council meeting of February 19, 2013

2.    From Mayor Alex B. Morse, letter re:  City Solicitor Appointment for Heather Egan

3.    From Mayor Alex B. Morse, letter appointing Mr. Patrick T. Leahy, 9 Wyckoff Ave. to the Library Board of Directors, Mr. Leahy will fill the vacant seat of Mr. Francisco Cruz;  said term will expire two years from the first Board of Directors meeting.

4.    From Elizabeth White Chouinard, Acting City Solicitor, letter re:  response to request from finance Committee regarding changing Attorney Sopet’s title from Paralegal to Attorney.

5.    From Elizabeth White Chouinard, Acting City Solicitor, legal opinion re:  City Liability for Public’s use of a skate park.

6.    From Building Department list of Building permits for Month of February 2013

7.    From Linda B. McQuade, Office of Community Development, re:  FFY 2013 CDBG Recommendations Consolidated Plan

8.    From Office of Planning & Development re: Site plan review proposed building addition and site improvements for the Marian Center, 1365 and 1375 Northampton St.

9.    From Parks & Recreation Commission, minutes from December 12, 2012.

10.    From License Board Commission, minutes from January 9, 2013

11.    From Planning Board, minutes of regular meeting and public hearings for  November 13, 2012 & February 12, 2013

12.    From Holyoke Board of Appeals minutes of public hearing and meeting of August 19, 2010

13.    From Board of Public Works minutes of February 4, 2013.

14.    From Sewer Commission, minutes of February 4, 2013

15.    From Stormwater Authority, minutes of regular meeting and public hearing for February 4, 2013.

PRESIDENT’S REPORT

PETITIONS

16.    Petition of William F. Sullivan & Co, Inc. renewal of Junk Dealers license for 1 Jed Days Landing.

17.    Petition of William F. Sullivan & Co. Inc. renewal of a Junk Dealers license for 107 Appleton St.

18.    Petition of Robert L. Jubinville for a Zone Change at 1789 Northampton St.

19.    Petition of MetroPCS  Massachusetts for a wireless telecommunication ” Material Modification” at 48 Holy Family Rd.

REPORTS OF COMMITTEES

20.    Ordinance Committee Reports (if any)

20A.    The Committee on Ordinance to whom was referred an order SECTION 1.  Section 4.5.3 entitled “Safety barrier” of Appendix A entitled  “Zoning” of the revised Code of Ordinances of the City of Holyoke, MA 1997 as amended, is hereby further amended by the following: DELETING The words “in accordance with 780 CMR 120.M.105″ from the end of the second sentence; AND ADDING IN ITS PLACE: “in accordance with current edition of the State Building Code,780 CMR.”
SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. This ordinance shall take effect on the date of passage.
 Recommend that the order be adopted

20B.    The Committee on Ordinance to whom was referred an order SECTION 1. Section 7-2 entitled “Regulations for specific uses available by special permit” of Appendix A entitled “Zoning” of the Revised Code of Ordinances of the City of Holyoke MA 1997, as amended is hereby further amended by the following DELETING: Section 7.2.10 Outdoor gold driving range, in its entirety. SECTION 2. All ordinances of parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. This ordinance shall take effect on the date of passage.  Recommend that order be adopted

20C.    The Committee on Ordinance to whom was referred an order that SECTION 1 82-5 entitled “Veterans tax work off program” of Chapter 82 entitled “Taxation” of the Revised Code of Ordinances of the City of Holyoke, MA, 1997, as amended, is hereby further amended by the following: ADDING: The Director of Veterans Services may authorize such services under this section to be provided to the City by a representative of a person physically unable to provide the services. The representative shall be approved by the Director of Veterans Services. SECTION 2 All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. This Ordinance shall take effect on the date of passage Recommend that the Order be approved as amended

20D.    The Committee on Ordinance to whom was referred an order that the City Clerk’s stipend allocated to cover her work in the Registrar of Voters office be allocated to the employees of the office who are covering duties in her absence  Recommend that the Order be given leave to withdrawal

20E.    The Committee on Ordinance to whom was referred an order that the Council amends the zoning ordinance to define “wildlife rehabilitation” as a specific use and to prohibit it in zones that are not appropriate for such use due to their density, residential character and similar characteristics  Recommend that the order be given leave to withdrawal

20F.    The Committee on Ordinance to whom was referred an order that the Council amends the zoning ordinance to provide that temporary structures are only allowed for thirty days Recommend that the order be given leave to withdrawal

21.    Finance Committee Reports (if any)

21A.    The Committee on Finance to whom was referred an order for a Financial Transfer $1,000 FROM General Fund Free Cash to Pay Overtime for DPW Custodial services  Recommend that the Order be adopted

21B.    The Committee on Finance to whom was referred an order for a Financial Transfer $20,000 FROM General Fund Free Cash TO: Professional Contracted Services (Personnel Human Resources Audit) Recommend that the Order be adopted

21C.    The Committee on Finance to whom was referred an order for a Financial Transfer $2,270.08 FROM energy gas/Oil/Electric TO Pay Vacation Buyback Council on Aging Recommend that the order be adopted

21D.    The Committee on Finance to whom was referred an order The City Council accepts the provisions of the “Electric Vehicle Supply Equipment” Grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant  Recommend that the Order be adopted

21E.    The Committee on Finance to whom was referred an order that the City Council hereby accept the provisions of the “HOLYOKE DEPOT SQUARE- MASSWORKS” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant
 Recommend that the Order be adopted

21F.    The Committee on Finance to whom was referred an order that the City Council hereby accept the provisions of the “NEFA MCC/Artist Link Artist Space Planning” grant and authorizes the establishment of a fun or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant Recommend that the order be adopted with a request for an update in 3 months

21G.    The Committee on Finance to whom was referred an order for a Financial Transfer $3,000 FROM Police Canine Unit Costs TO In-state Travel Recommend that the Transfer be approved

21H.    The Committee on Finance to whom was referred an order for Financial Transfer $154,759 FROM General Fund Free Cash TO Pay Vacation/Personal Buyback ($51,687) and Pay Sick Leave Buyback ($103,072) for Fire Department  Recommend that Transfer be approved

21I.    The Committee on Finance to whom was referred an order for Financial Transfer $200,000 FROM General Fund Free Cash TO Pay Overtime for Fire Department  Recommend that the transfer be approved

21J.    The Committee on Finance to whom was referred an order for Financial Transfer $2,256 FROM General Fund Free Cash TO Pay Staff/ Attorney Recommend that the transfer be approved pending approval from the Legal Dept.

21K.    The Committee on Finance to whom was referred an order that the City Council hereby accepts the provisions of the ” Police Sub-Station Furnishing” Grant and authorizes the establishment of a fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.  Recommend that the Grant be accepted

21L.    The Committee on Finance to whom was referred an order Whereas, Pulaski Park is by far a community-side asset and the preservation and improvements to this facility are a priority as evidence in the most recent Open Square and Recreation Plan; and
Whereas, Pulaski Park is dedicated to park and recreation purposes
and Whereas, the Executive of Energy and Environmental Affairs is offering reimbursable grants to cities and towns to support the preservation and restoration of urban parks through the Parkland Acquisitions and Renovations for Communities grant program and Whereas, the the design and construction of a skate board park will cost a total of $250,000 and the City has designated $250,000 in Community Development Block Grants to fund this project

Therefore be it: That the Mayor be and his hereby authorized to file and accept grants from the Executive Office of Energy and Environmental Affairs and That by accepting these grants, Pulaski Park shall remain open to the general public and used for appropriate outdoor recreation in perpetuity and that the Mayor be and is hereby authorized to take such a other actions as are necessary to carry out the terms purposes, and conditions of this grant to be administered by the Department of Public Works and that the resolution shall take effect upon passage.
  Recommend that the grant be accepted pending an update from the Legal Dept. on liability issues

21M.    The Committee on Finance to whom was referred an order for Financial Transfer $220 FROM In-state Travel TO Advertising : Building Dept.  Recommend that the transfer be denied per request of the Dept. Head

22.    Public Safety Committee Reports (if any)

23.    Public Service Committee Reports (if any)

24.    Redevelopment Committee Reports (if any)

24A.    The Committee on Redevelopment to whom was referred a communication to provide the City Council with an update on the Atlas Copco redevelopment project Recommend that the order has been received

24B.    The Committee on Redevelopment to whom was referred an order That the Gas and Electric join the city Council Redevelopment Committee to begin a discussion of how to plan to bury existing overhead utility lines particularly in concert with activities under the proposed City Center Redevelopment plan  Recommend that the Order has been complied with

24C.    The Committee on Redevelopment to whom was referred an order that the Lyman St. Study Committee presents its findings to the City Council in regards to a local historic district on Lyman St.
 Recommend that the Order has been complied with

MOTIONS, ORDERS AND RESOLUTIONS

25.    JOURDAIN    –    the City Council  encourage the Mayor to consider making all potential cuts to the budget possible in order to ensure the city balances its budget for Fiscal Year 2014; including, revising the retirement schedule or issuing pension obligations bonds, review of the health insurance accounts, no longer paying the state’s share of the Quinn Bill, revamping and streamlining the Personnel Office Functions, reducing out of state travel and other discretionary spending.  The Mayor and City Council must consider all options in order to ensure the city’s financial visability.

26.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Forty Thousand & 00/100 Dollars ($40,000) as follows: (DPW)

FROM:
*****-*****    General Fund Free Cash        $40,000
        TOTAL:    $40,000
TO:
14253-58002    Capital Outlay – Motor Vehicles        $40,000
        TOTAL:    $40,000

27.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Seventy Five Thousand & 00/100 Dollars ($75,000) as follows: (Personnel)

FROM:
*****-*****    General Fund Free Cash        $75,000
        TOTAL:    $75,000
TO:
19131-51999    Unemployment Compensation        $75,000
        TOTAL:    $75,000

28.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Four Thousand & 00/100 Dollars ($4,000) as follows: (Treasurer)

FROM:
*****-*****    General Fund Free Cash        $4,000
        TOTAL:    $4,000
TO:
11452-53420    Postage        $4,000
        TOTAL:    $4,000

29.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Twenty Five Thousand & 00/100 Dollars ($25,000) as follows: (Treasurer)

FROM:
*****-*****    General Fund Free Cash        $25,000
        TOTAL:    $25,000
TO:
11452-53050    Land Court Filings        $25,000
        TOTAL:    $25,000

30.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Three Thousand Two Hundred Seventy One & 00/100 Dollars ($3,271) as follows: (Reg. of Voters)

FROM:
*****-*****    General Fund Free Cash        $3,271
        TOTAL:    $3,271
TO:
11611-51510    Pay – Sick Leave Buyback        $3,271
        TOTAL:    $3,271

31.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, Thirty Thousand & 00/100 Dollars ($30,000) as follows: (DPW)

FROM:
*****-*****    General Fund Free Cash        $30,000
        TOTAL:    $30,000
TO:
16502-52500    Repair & Maintenance – Fields        $30,000
        TOTAL:    $30,000

32.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, One Hundred Five Thousand & 00/100 Dollars ($105,000) as follows: (DPW)

FROM:
*****-*****    General Fund Free Cash        $105,000
        TOTAL:    $105,000
TO:
14252-53100    Snow Removal Services        $65,000
14251-51301    Pay – Snow Removal Overtime        25,000
14262-52410    Repair & Maintenance – Vehicles        15,000
        TOTAL:    $105,000

33.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2013, One Hundred Ten Thousand & 00/100 Dollars ($110,000) as follows: (DPW)

FROM:
*****-*****    General Fund Free Cash        $110,000
        TOTAL:    $110,000
TO:
14222-52102    Energy – City Hall        $40,000
14222-52103    Energy – City Hall Annex        10,000
14222-52107    Energy – Lynch Property        35,000
16502-52300    Water & Sewer        25,000
        TOTAL:    $110,000

34.    SOTO    –    that all three License Board Commissioners come before the City Council to discuss all violations in 2012, if any and inform us what is there plans to do spot checks to license holders in 2013.

35.    VACON    –    the city implement the best practice recommendations provided by our legal department to minimize any legal liability for the city as a result of individuals using the skate board park.

36.    VACON    –    a streetlight be installed in front of 10 Sequoia Drive. A box already exists and the resident understood it would be installed with the original project and HG&E has indicated it is warranted.

37.    VEGA    –    Ordered, that contingent upon and in consideration of the receipt of a grant from the Massachusetts Preservation Projects Fund, the City Council hereby authorizes the Mayor to convey a perpetual historic preservation restriction encumbering the City Hall land and building located at 536 Dwight Street, Holyoke to the Commonwealth of Massachusetts, by and through the Massachusetts Historical Commission, on such terms and conditions as the Mayor deems appropriate, or to take any other action relative thereto.

38.    BARTLEY    –    To review and quantify the number, type, and location of any license to serve liquor in the City of Holyoke including, but not limited to, those at bars, package stores, and restaurants, refer this Order so that the Holyoke License Board appears before the City Council.  Have present at least one board member and one City employee to discuss this issue.  Further, be prepared to present to the City Council the amount of revenue collected by the City and any associated expenses needed to enforce compliance with local ordinances and state laws. Finally, provide explanation for Holyoke suddenly having 4 new liquor licenses.

39.    BARTLEY    –    In an effort to mitigate sign pollution in ward 3, direct the DPW to remove the following superfluous signage from the streets of Elmwood, specifically those along length of South St. from Northampton St. to the Route 391 interchange:  the numerous “Right Turn Only” and “Left Turn Only” signs which clutter the sidewalk and which only mimic the painted marking on the road.

40.    BARTLEY    –    That a 30 Minute Parking Only sign be placed in front of 566 South St.  

41.    BARTLEY    –    Per City Council rule 52*, voting order is randomly selected.  However, I’ve never seen when this is done or who is selected until the first council vote of the evening.  Thus, amend Council rule 26 to mandate that the determination of voting order will take place publically and in open council.  I suggest this be done after the President has called the meeting to order and before the Public Comment period.  Furthermore, amend Council rule 52 to further state that no member shall begin more than two regular/special meetings during any calendar year.

*RULE 52. At the outset of each meeting of the City Council the President shall request a member to draw by lot the name of a councilor. The name so drawn shall be the first name called for that meeting on every roll call vote, followed in alphabetical order by the rest of the names appearing after the name so drawn.

42.    BARTLEY    –    Per City Council practice, voting for an appointment is conducted in alphabetical order and not by random, per Rule 52.  Refer to the City Solicitor’s office and to the City Clerk to determine the rule requiring this procedure.  Whether or not Rule is found, consider amending the practice to have council members vote for appointees not in alphabetical order but start at random.

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.  
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law

    ______________________________
                  City Clerk


Posted on March 1, 2013 by