Events

City Council Meeting Text Size

Event takes place on November 19, 2013 at 7:00 PM
City Council Chamber 536 Dwight St. Holyoke MA

AGENDA FOR THE CITY COUNCIL
November 19,2013

LAID ON THE TABLE

1.    City Council minutes of previous meeting of October 1, 2013

2.    City Council vote to approve the operation of a Needle Exchange Program in the City of Holyoke

3.    Petition for a pole and wire location at intersection of Shawmut and Lynwood Ave.

4.    Petition of Kenrick Williams, 97 Locust St. for a renewal of a special permit for a home occupation for a landscaping and lawn care business.

5.    Ordered, the city council review the rate for the sewer fund for the upcoming 2013 budget and make any necessary adjustments.
In City Council, August 6, 2013 laid on the Table until a public hearing scheduled on August 27, 2013 at  6:30pm.

6.    Ordered, Whereas:  the SC Zoning District restricts certain types of retail activities allowed in all other commercial zones,

Ordered:  that the Council consider amending Zone SC to allow for certain other business types.

PUBLIC COMMENT

COMMUNICATIONS

7.    City Council minutes from previous meeting of October 15, 2013

8.    
From Ryan Allen Administrative Assitant re:  Minutes of Regular Meeting held Oct. 15, 2013

9.    From Jon D. Lumbra, City Treasurer re:  Properties acquired by MGL CH 60: 79-80B for non payment of Taxes

10.    From Brian G. Smith, City Auditor, Monthly Budget Reports for the General Fund and Waste Water Treatment Plant as of September 30, 2013.

11.    From Brian G. Smith, City Auditor, Special Funds revenue and expense statements from July 1, 2013 – September 30, 2013

12.    From Board of Health minutes from September 9, 2013

13.    From License Board commission minutes from September 18, 2013

14.    From Board of Fire Commission, minutes of August 28 and September 20, 2013.

15.    From Geriatric Authority of Holyoke minutes of the Board of Directors from September 19, 2013

16.    From Geriatric Authority of Holyoke, thanking the Council for their very generous gift in memory of Ellie Welch.

17.    From Jorge Villodas, letter appealing denial from the Holyoke Police Department regarding his Chauffeurs license

18.    Thank you from David Welch, for contribution to the Holyoke Geriatric Authority in honor of his mother.

PRESIDENT’S REPORT

PETITIONS

19.    Petition of Michael Mastroianni, 12 Winterberry Circle, for a renewal of a home occupation for for a residential CATV, computer and networking business

20.    Petition of Timothy Wright, 113 Westfield Rd. for a new special permit for a home occupation for a Masonry/Construction business.

21.    Petition of Record Town Inc. – FYE for a new second hand license at 50 Holyoke St.

REPORTS OF COMMITTEES

22.    Ordinance Committee Reports (if any)

22A.    The Committee on Ordinance to whom was referred an order that Ordinance be changed to eliminate 20% of DPW Superintendent salary from being paid out of Sewer Fund and pay whole salary from DPW General Fund budget Recommend that the order be adopted

22B.    The Committee on Ordinance to whom was referred an order that Sections 8.1 “Flood plain Overlay District” and 8.4 “Professional Office Overlay District” be amended to begin with a stated purpose for the district Recommend that the order be adopted Adding to Section 8.1 entitled “Flood Plain Overlay District” a section 8.1.10 Purpose stating  “The purpose of the Flood plain Overlay District is to: 1. Conform to State and Federal requirements for defining such a district in accordance with FEMA and MEMA data to allow property owners access to the National Flood Insurance Program and other related benefits.
2. To guide Development with the District such that appropriate measures are taken into account regarding flood and water damage risk to life and property.
3. To Prevent uses at risk of contaminating rivers, streams, and wetlands during flood events.

Additionally Section 8.4 entitled “Professional Office Overlay District be added a section 8.4.0 entitled Purpose, stating The Purpose of the Professional Office Overlay District is to 1. Preserve and enhance the unique architectural and residential character of the Northampton Street streetscape within the district.
2. To Permit limited office-type uses within the residential zone, assisting homeowners in maintaining the financial viability of these properties consistent with (1.)
3. To ensure that, by providing for limited commercial uses within the District, that the residential character is retained.

22C.    The Committee on Ordinance to whom was referred an order that Table 5.2 be revised to include all currently defined Zones and to clarify the distinction between building coverage and total developed coverage on a parcel.  Recommend that the order be adopted

22D.    The Committee on Ordinance to whom was referred  an order Whereas the current methodology for calculating the value of a taking via eminent domain has proved controversial, The City assessor join the ordinance committee to review and possibly modify that methodology  Recommend that the order has been complied with

22E.    The Committee on Ordinance to whom was referred an order that the Chief Assesor review the current MUNIS settings with regards to when he places Municipal Sewer Charge Liens on the Tax Bills, that they all be placed in the 3 by City Ordinance 90:90(b) and report back to the full Council with evidence of Compliance. (Currently the Sewer Lien’s are divided over the 3 not appear to have interest charged.) Recommend that the order has been complied with

22F.    The Committee on Ordinance to whom was referred an order that the City Council create an ordinance to regulate the use of license plate readers and the storage of driver data by the Holyoke Police Department in the City of Holyoke. That the City Council also further regulate the use of facial recognition software and the storage of driver data if being deployed by the Holyoke Police Department. Recommend that the order be given leave to withdraw

23.    Finance Committee Reports (if any)

23A.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec 53A, the City Council hereby accepts the provisions of the “E-911 PSAP Dispatcher Support” 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

23B.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A the City Council hereby accepts the provisions of the JAG2013-DJ-BX-0937 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

23C.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the MEMA EMP Grant- EOC Soundproofing” 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 approved

23D.    The Committee on Finance to whom was referred an order that the amount of One Thousand Seven Hundred Twenty Five Dollars be authorized from the City Treasurer Department’s Register of Deeds Filings (11452-53055) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end.   Recommend that the order be adopted

23E.    The Committee on Finance to whom was referred an order That the amount of Seven Hundred Fifty Two Dollars and 13 Cents be authorized from the Police Department’s In-state travel appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the fiscal year end recommend that the order be adopted

23F.    The Committee on Finance to whom was referred an order that the amount of Ten Thousand Two Hundred Seventy Two dollars and 11 cents be authorized from the City Treasurer Department’s Land Court Filings (11452-53050) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end.  Recommend that the order be adopted

23G.    The Committee on Finance to whom was referred an order that the amount of Three Hundred Seventy Five Dollars be authorized from the City Treasurer Department’s Register of Deeds Filings (11452-53055) appropriation in Fiscal Year 2014 for Services Rendered in Fiscal Year 2013 which were unencumbered at the 2013 Fiscal Year end.   Recommend that the order be adopted

23H.    The Committee on Finance to whom was referred an order that the amount of Three Thousand Eight Hundred Forty Six Dollars and 76 Cents be authorized from the Police Departments SSYI 2012 Grant Purchase of Services (1010-52000) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end.  recommend that the order be adopted

23I.    The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the Fiscal Year 2014 Seventy Three Thousand Seven Hundred Twenty Seven Dollars as follows: $73,727 From General Fund Free Cash TO: Demolition of Unsafe Buildings Recommend that the order be adopted

23J.    The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2014 Three Hundred Thousand Dollars as Follows: $300,000 From General Fund Free Cash TO: Pay Overtime for Fire Department Recommend that order be approved

23K.    The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the Fiscal Year 2014, Eighteen Thousand Dollars as follows: $18,000 From General Fund Free Cash TO Contracted Professional Services For Personnel Office  Recommend that the Order be Adopted

23L.    The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the Fiscal Year 2014, Three Hundred Dollars as follows: $150 from Postage and $150 from Veterans Patriotic Events TO In-state Travel for the Department of Veterans Services Recommend the order be approved

24.    Public Safety Committee Reports (if any)

25.    Public Service Committee Reports (if any)

26.    Redevelopment Committee Reports (if any)

26A.    The Committee on Redevelopment to whom was referred an order an authorization by City Council of a citizen Bicycling and Pedestrian Committee to advance and advocate for complete streets, bicycling and pedestrian policies and projects.  Recommend that the order be adopted

26B.    The Committee on Redevelopment to whom was referred an order that a committee be formed called “The Biking & Pedestrian Committee”.
The scope of the committee is to:

1.     Advise and provide recommendations to the City Council on bicycle and pedestrian safety issues
2.     Provide a forum for residents and community organizations to raise bicycling and pedestrian related issues and concerns
3.     Draft a complete streets policy and make recommendations to the City Council for adoption of a complete streets policy for the City
4.     Assist the City in the development of bicycle and pedestrian systems within Holyoke
5.     Make recommendations for a City-wide Bicycle Master Plan
6.     Develop education and public outreach programs on bicycle and pedestrian issues
7.     Provide advice and recommendations on physical infrastructure related to walkways, trails and cycling networks, including planning, design standards, operations and maintenance, neighborhood traffic conditions including traffic calming and traffic management, street tree plantings and pedestrian accessibility
8.     Promote walking and bicycling use as a means of improving the health of Holyoke residents
9.     Work with the Departments of Planning & Economic Development; Public Works; Health; and Conservation to incorporate bicycling and pedestrian facilities into infrastructure improvement and development projects
10.   Coordinate with external agencies on regional trail connections

The committee will utilize the recently completed Holyoke Downtown Pedestrian Plan and Bicycling in Holyoke: A Needs Assessment reports.

 The committee should be comprised of: two City Councilors, City Engineer, Mass in Motion Coordinator, and a representative from; Mayor Office, Planning & Economic Development, Fire Department, Holyoke Food & Fitness Policy Council, and office of the State Representative. 5 additional members should be from the community at large and appointed by the 9 members through an application process.

  Recommend that the order be adopted with amended language that the two City Councilors on the Committee be chosen from the Ordinance and Redevelopment Committee

26C.    The Committee on Redevelopment to whom was referred Ordered, Adoption by City Council of two consultant reports with recommendations produced through my Mass in Motion Grant with MDPH: Massachusetts Bicycle Coalition Biking in Holyoke: A Needs Assessment and Walk Boston City of Holyoke Downtown Pedestrian Plan  Recommend that the item be received

MOTIONS, ORDERS AND RESOLUTIONS

27.    JOURDAIN    –    the DPW prepare an estimate of the capital improvement needed to renovate the rear entryway at Sullivan School and provide this to the Mayor and City Council as soon as possible.  Moreover, that the Mayor appropriate the funds to make these needed renovations.
 
It has become abundantly clear that Sullivan School will be the likely future permanent home of elections for Ward 6 voters.  The doors leading to the gym where voters are expected to exercise their democratic rights are completely dysfunctional and a complete eyesore.  The area has inadequate lighting and other cosmetic repairs need to be made immediately such as fresh paint.  The appearance to Holyoke voters (as well as our children) is embarrassing and demands immediate remedy.
 
The School Dept should not be required to make pay for these costs since they already bear other costs and inconveniences for the public having the elections there.  These dollars should come from the general fund and we should only be too happy to make these modest and much needed improvements.  Please handle immediately and certainly before any further elections take place there.
 
While I am certain this will not be the case, if this order is not immediately acted upon, please inform the City Council immediately in writing of what possible cause of delay or excuse for inaction there may be.

28.    JOURDAIN    –    the City Clerk’s office and the Administrative Assistant of City Council please make sure that they get all approved minutes of the City Council and all City Council Committees published to the city website in a timely fashion.  We have not been publishing committee minutes and this needs to happen a.s.a.p.

29.    JOURDAIN    –    the Law Department provide a legal opinion on the specific steps necessary to sell the Geriatric Authority and the role of the City Council in the process.

30.    JOURDAIN    –     the City Council issue a proclamation to the following 3 individuals in recognition for recent honors received from the United Veterans of Holyoke:  
Col. Timothy P. Alben, Superintendent of the Massachusetts State Police, Public Safety Award Winner
Jean Dietrich, Chief of Staff of the Holyoke Auxiliary Police, Citizen of the Year Award Winner
David Bellefeuille, Veteran of the Year Award Winner

31.    LEAHY    –    Ordered, that the City of Holyoke adopt an ordinance to address panhandling.

32.    LEBRON-MARTINEZ    –    the City Council support an order to change the bus stop that is located at the coner of Maple and Cabot next to the Lawrence school to possibly in front of the Holyoke Public Library or block away, but not near the Lawrence school

33.    LEBRON-MARTINEZ    –    that DPW repair side walks on 56, 64 and 70 on Mosher in front of duplex as we had people triping and falling inform by residents

34.    LEBRON-MARTINEZ    –    DPW place a do not block driveway sign in front of 23 Ely Street per order of home owner.

35.    MCGEE_B    –    the city council present a citation to Suzanne Mead
    MCGEE_T        at the last scheduled meeting in December in order
            to thank her for serving as the city councils appointed
            temporary City Clerk. Under her 10 month watch she
            handled 5 elections for the city of Holyoke, something
            the city has never seen before.

36.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Sixty Thousand & 00/100 Dollars ($60,000) as follows:

FROM:
*****-*****    General Fund Free Cash        $60,000
        TOTAL:    $60,000
TO:
11452-53050    Land Court Filings        $60,000
        TOTAL:    $60,000

37.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Eight Thousand & 00/100 Dollars ($8,000) as follows:

FROM:
*****-*****    General Fund Free Cash        $8,000
        TOTAL:    $8,000
TO:
11452-53420    Postage        $8,000
        TOTAL:    $8,000

38.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Fifteen Thousand * 00/100 Dollars ($15,000) as follows:

FROM:
*****-*****    General Fund Free Cash        $15,000
        TOTAL:    $15,000
TO:
14222-52515    Rep. & Maint. – Tax Possession Property        $15,000
        TOTAL:    $15,000

39.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Ten Thousand & 00/100 Dollars ($10,000) as follows:

FROM:
*****-*****    General Fund Free Cash        $10,000
        TOTAL:    $10,000
TO:
14222-52510    Rep. & Maint. – Central Fire Station        $10,000
        TOTAL:    $10,000

40.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Ten Thousand & 00/100 Dollars ($10,000) as follows:

FROM:
*****-*****    General Fund Free Cash        $10,000
        TOTAL:    $10,000
TO:
14222-52503    Rep. & Maint. – City Hall Annex        $10,000
        TOTAL:    $10,000

41.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Pedestrian & Bike Safety Enforcement” 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.

42.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Underage Drinking Law Enforcement” 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.

43.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “FY2014 EMD & Training” 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.

44.    MCGEE_T    –    that the amount of One Thousand Three Hundred Five & 00/100 Dollars ($1,305.00) be authorized from the Police Department’s PSAP Communication Center (1482-57000) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end.

45.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Seven Thousand Two Hundred Forty Three & 00/100 Dollars ($7,243) as follows:

FROM:
*****-*****    General Fund Free Cash        $7,243
        TOTAL:    $7,243
TO:
Fund-0640    Traffic Selective Enforcement Grant        $7,243
        TOTAL:    $7,243

46.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, One Thousand & 00/100 Dollars ($1,000) as follows:

FROM:
12402-53040    Inspections – Plumbing & Gas        $1,000
        TOTAL:    $1,000
TO:
12401-51240    Pay – Temporary & Seasonal        $1,000
        TOTAL:    $1,000

47.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Three Hundred Fifty Two Thousand One Hundred Nine & 00/100 Dollars ($352,109) as follows:

FROM:
*****-*****    General Fund Free Cash        $352,109
        TOTAL:    $352,109
TO:
12201-51500    Pay – Vacation/Personal Buyback        $157,476
12201-51510    Pay – Sick Leave Buyback        194,633
        TOTAL:    $352,109

48.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Various Contributions” 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.

49.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “CITY HALL STAINED GLASS RESTORATION-MHC” 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.

50.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “CITY HALL STAINED GLASS RESTORATION-LIBRARY” 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.

51.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Fifteen Thousand & 00/100 Dollars ($15,000) as follows:

FROM:
*****-*****    General Fund Free Cash        $15,000
        TOTAL:    $15,000
TO:
Fund #-TBD    City Hall Stained Glass Project        $15,000
        TOTAL:    $15,000

52.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, One Hundred Seven Thousand Two Hundred Thirty Five & 00/100 Dollars ($107,235) as follows:

FROM:
#####-#####    Waste Water Treatment Fund Free Cash        $107,235
        TOTAL:    $107,235
TO:
60402-53012    Management Service Contract        $107,235
        TOTAL:    $107,235

53.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Two Thousand Five Hundred & 00/100 Dollars ($2,500) as follows:

FROM:
*****-*****    General Fund Free Cash        $2,500
        TOTAL:    $2,500
TO:
11522-53420    Postage        $2,500
        TOTAL:    $2,500

54.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, One Thousand One Hundred Sixty Seven & 00/100 Dollars ($1,167) as follows:

FROM:
11751-51104    Pay – Head Clerk        $1,167
        TOTAL:    $1,167
TO:
11821-51105    Pay – Creative Economy Industry Coordinator        $1,167
        TOTAL:    $1,167

55.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Five Thousand & 00/100 Dollars ($5,000) as follows:

FROM:
11751-51104    Pay – Head Clerk        $5,000
        TOTAL:    $5,000
TO:
11752-53010    Professional Services        $5,000
        TOTAL:    $5,000

56.    MCGIVERIN    –    That the Finance Committee invite the Mayor, Auditor, Assessor, Treasurer and any other Department Head necessary to review the Fiscal Budget  2014.

57.    SOTO    –    city start the process to have all out going mail be sent to one central location for proper postage, to be placed and sent out. This will prove to be a cost savings for the taxpayer.

58.    SOTO    –    Dpw place two 15 min parking signs in front of 389 Main Street Monday thur Saturday from 7am to 7pm.

59.    SOTO    –    the Dpw place 15 minute parking in front of 729 High Street. hours 6am to 6pm.

60.    SOTO    –    the city of Holyoke have the DPW be the sole one responsible for all police towing. This will help generate revenue, and also maintain the integrity of the professionalism where as the city can have oversight in all motor vehicle that are towed in the city.

61.    VEGA    –    An Act Authorizing the City of Holyoke to Issue Additional
    MCGEE_T        Liquor Licenses

SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, or any other general
            or special law to the contrary, the city of Holyoke may grant 6 additional licenses for the sale of
            all alcoholic beverages, and 7 additional licenses of wine & malt beverages to be drunk on the    premises pursuant to section 12 of said chapter 138 subject to the conditions set forth in this act, and 2
            additional licenses for the sale of all alcoholic beverages to be drunk off the premises pursuant
            to section 15 of said chapter 138 subject to the conditions set forth in this act, to establishments located in certain areas of census tracts 8114, 8115, 8116, and 8117 as defined in sections 4, 5 and 6.
   
                                                                              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 November 15, 2013 by