Events

City Council Meeting Text Size

Event takes place on December 02, 2014 at 7:00 PM
City council chambers, 536 Dwight St. Holyoke, MA

AGENDA FOR THE CITY COUNCIL
December 2,2014

LAID ON THE TABLE

1.    Minutes from previous City Council meeting of October 21, 2014

PUBLIC COMMENT

COMMUNICATIONS

2.    From Mayor Alex B. Morse, letter to Mr. Zachary Blake, of Mass DOR, regarding the City’s financial situation

3.    From Assistant City Solicitor, Kara Lamb Cunha, letter re:  Cases involving Thomas Stefanik v. City of Holyoke et al

4.    From City Clerk Brenna Murphy McGee and Admin. Ass’t to City Council, minutes of previous City Council Meeting of November 18, 2014

5.    From William D. Fuqua, Superintendent of the Department of Public Works, letter addressed to the Mayor Alex B. Morse regarding the condition of the tennis courts at Jones Point Park and  a recommendation that the bond authorization approved by City Council last August be amended.

6.    From Marcos A. Marrero, Director Holyoke Redevelopment Authority letter re:  Update on Holyoke Passenger Rail Platform Project

7.    From Marcos A. Marrero, Director Holyoke Redevelopment Authority letter re:  update on local regulations and application process related to an Act authorizing the City of Holyoke to issue Additional liquor licenses

8.    From Marcos A. Marrero, Director of Holyoke Redevelopment Authority letter re:  Mt. Tom Power Plant Planning Process

9.    From Parks & Recreation Commission, minutes of September 16, 2014

PETITIONS

10.Petition of ECOATM, Inc. for a new second hand license at 28 Lincoln St.

11.    Petition of Jailson Varela of 21 Francis Ave. for a new special permit for a home occupation for a painting business

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

12.    Ordinance Committee Reports (if any)

12A.    The Committee on Ordinance to whom was referred  Petition of Holyoke First Residents to give zone change petition of Whiting Farms Road Parcel ID 116-00-001 leave to withdraw without prejudice.  awaiting disposition

12B.    The Committee on Ordinance to whom was referred a Special Permit application for Marcotte Ford for a motor vehicle repair garage at 933 Main St. in Holyoke.  Awaiting disposition

12C.    The Committee on Ordinance to whom was referred an order Order: That in lieu of a costly and impracticable public acceptance of Owens Place as a public way, the City Council enacts an ordinance authorizing temporary repairs to Owens Place. According to Mass. Gen. Laws ch. 40, § 6N, a municipality’s voluntary undertaking to repair does not transform the nature of a private way into a public one. The ordinance or by-law authorizing temporary repair of a private way must “determine (a) the type and extent of repairs; (b) if drainage shall be included; (c) if the repairs are required by public necessity; (d) the number of percentage of abutters who must petition for such repairs; (e) if betterment charges shall be assessed; (f) the liability limit of the city or town on account of damages caused by such repairs; (g) if the ways shall have been opened to public use for a term of years; and (h) if a cash deposit shall be required for said repairs.”  awaiting disposition

12D.    The Committee on Ordinance to whom was referred an order That the area on Hampden St. in front of 728 Hampden (between Clinton and O’Connor) be designated as a “No Parking” area. That this change be implemented as soon as possible to eliminate the major visibility and safety issues for drivers exiting O’Connor Ave. onto Hampden St.   awaiting disposition

12E.    The Committee on Ordinance to whom was referred an order that the City Council Ordinance Committee work with the Planning Department and City Clerk’s office to re-craft the application process for special permits for auto vehicle sales and vehicle repair. It has become clear that the current process does not serve the interest of business applicants, nor does it provide adequate information to relevant city departments involved in assessing proposed projects.   awaiting disposition

12F.    The Committee on Ordinance to whom was referred an order That the handicap parking spot placed at the corner of Hampden and O’Connor Ave. recently, be moved to O’Connor Ave. as soon as possible to eliminate the major visibility and safety issues for drivers coming out of O’Connor Ave. onto Hampden St.   awaiting disposition

12G.    The Committee on Ordinance to whom was referred an order that the legal language of any draft Ordinance to be voted on in full Council be published to the City website along with the appropriate Council meeting agenda  awaiting disposition

12H.    The Committee on Ordinance to whom was referred an order : That the city adopt the Complete Streets Ordinance drafted by the Holyoke Bicycle and Pedestrian Committee  awaiting disposition

13.    Finance Committee Reports (if any)

13A.    The Committee on Finance to whom was referred  $2,500 Financial Transfer from Pay-MGL 148A Hearing Officer to: Purchase of Services  awaiting disposition

13B.    The Committee on Finance to whom was referred a  Communication from Massachusetts Department of Revenue Re: Notification of Free Cash Approval  awaiting disposition

13C.    The Committee on Finance to whom was referred a Communication from Bellamy Schmidt, Acting City Auditor Re: General Fund and Waste Water Treatment Plant appropriations budget reports as of September 30 awaiting disposition

13D.    The Committee on Finance to whom was referred a Communication from Law Department Collective Bargaining Agreement with the Clerical Union NAGE R1-180
 awaiting disposition

13E.    The Committee on Finance to whom was referred a Communication from Marcos Marrero Re: Progress update on sale of 1575 Northampton St. (a.k.a. former Lynch School)  awaiting disposition

13F.    The Committee on Finance to whom was referred a Communication from Mayor Alex Morse regarding financial status of the City and detailing Financial Transfer Requests made at November 18 Full Council meeting
 awaiting disposition

13G.    The Committee on Finance to whom was referred a $25,000 Financial Transfer from General Fund Free Cash to: Capital outlays awaiting disposition

13H.    The Committee on Finance to whom was referred an order for a  $300,000 Financial Transfer from General Fund Free Cash to: Now Removal Overtime and Snow Removal awaiting disposition

13I.    The Committee on Finance to whom was referred an order for a  $700,000 Financial Transfer from Stabilization Fund to: General Fund Free Cash
 awaiting disposition

13J.    The Committee on Finance to whom was referred an order for a $18,580 Financial Transfer from General Fund Free Cash to: Pay Head Clerk and other similar accounts, per NAGE Local R1-180 Clerks Union Contact  awaiting disposition

13K.    The Committee on Finance to whom was referred an order for a $200,000 Financial Transfer from General Fund Free Cash to: Overtime  awaiting disposition

13L.    The Committee on Finance to whom was referred an order for a $2,000 Financial Transfer from General Fund Free Cash to: Membership Dues for the Barnes Aquifer Protection Advisory Committee awaiting disposition

13M.    The Committee on Finance to whom was referred an order for a $2,125.36 Financial Transfer from Other Contracted Services to: Vacation Buyback
 awaiting disposition

13N.    The Committee on Finance to whom was referred an order for a $2,150 Financial Transfer from General Fund Free Cash to: Fire Prevention  awaiting disposition

13O.    The Committee on Finance to whom was referred an order for a $2,563,642.85 Financial Transfer from General Fund Free Cash to: Reduce FY2015 Tax Levy  awaiting disposition

13P.    The Committee on Finance to whom was referred an order for a $500,000 Appropriation for to Health Insurance awaiting disposition

13Q.    The Committee on Finance to whom was referred an order for a $60,000 Financial Transfer from General Fund Free Cash to: Litigation
 awaiting disposition

13R.    The Committee on Finance to whom was referred an order for a $689,167.52 Financial Transfer from General Fund Free Cash to: Unemployment Compensation
 awaiting disposition

13S.    The Committee on Finance to whom was referred an order for a $75,000 Financial Transfer from General Fund Free Cash to: Special Counsel  awaiting disposition

13T.    The Committee on Finance to whom was referred an order for a $82,358.48 Financial Transfer from General Fund Free Cash to: Longevity, Vacation Buyback, Time owed Buyback, Sick Leave Buyback, Holiday Differential
  awaiting disposition

13U.    The Committee on Finance to whom was referred an order for a $83,580.68 Financial Transfer from General Fund Free Cash to: Longevity, Vacation Buyback, Time Owed Buyback, Sick Leave Buyback, Holiday Differential   awaiting disposition

13V.    The Committee on Finance to whom was referred an order for an appropriation of $8,081 From General Fund Free Cash to: Pay Police Chief, Pay Clothing Allowance  awaiting disposition

13W.    The Committee on Finance to whom was referred an order that the City Council accept the provisions of the 2015 Pedestrian and Bicycle Safety Enforcement and Equipment Grant awaiting disposition

13X.    The Committee on Finance to whom was referred an order that the City Council accept the provisions of the Fire Turnout Grant  awaiting disposition

13Y.    The Committee on Finance to whom was referred an order $264,437.92 Financial Transfer from General Fund Free Cash to: Capital Outlays-Vehicles, and Capital Outlays-Other Equipment  awaiting disposition

14.    Public Safety Committee Reports (if any)

14A.    The Committee on Public Safety to whom was referred an order that DPW look into a parking space on Faille Ave Recommend that the order has been complied with

14B.    The Committee on Public Safety to whom was referred an order that the Chief of Police and Chief of Fire come in to discuss the upkeep of our radio communications  Recommend that the order has been complied with

14C.    The Committee on Public Safety to whom was referred an order that the City’s Emergency Management Director, the Police Chief and a representative from the Health Department come before the City Council and provide information on how we respond to emergencies when residents and or their animals are displaced from their homes as a result of fires, natural disasters, human error, etc, Recommend that the order has been complied with

14D.    The Committee on Public Safety to whom was referred an order that the City look into installing signage on Main Street informing truck drivers not to use engine braking  Recommend that the order has been complied with

14E.    The Committee on Public Safety to whom was referred an order that the Police Chief report whether the City of Holyoke’s police force has acquired any military grad equipment for law enforcement operations recommend that the order has been complied with

15.    Public Service Committee Reports (if any)

15A.    The Committee on Public Service to whom was referred an order that the American flag shall be displayed in front of City public buildings in accordance with public law 94-344 known as the federal flag code. When two flags are present the State or City flag shall be displayed on the second pole; however other flags may be displayed from time to time only below the American flag if on the same pole or below the State or City flag if on the same pole. The American flag shall be displayed at half staff when ordered by the President or the Governor in accordance with law Recommend that the order has been complied with

15B.    The Committee on Public Service to whom was referred an order That the City Clerk create and present a plan to ensure publication online as part of a comprehensive municipal code of ordinances, any changes or revisions within 7 days of adoption by the Council. Further ordered, that such a plan be presented within 90 days of adoption of this order and implemented within 180 days of the authorization of any expenses necessary for its implementation  Recommend that the order has been complied with

15C.    The Committee on Public Service to whom was referred an order that the City Council with the City Clerk review the City’s policy for notification before violations are sent to the Court  Recommend that the order has been complied with

15D.    The Committee on Public Service to whom was referred an order that the Council work with the Personnel Department to review and update the Auditor’s job qualifications and job description, and that advertising to solicit candidates be placed as soon as that review is complete  Recommend that the order has been complied with

15E.    The Committee on Public Service to whom was referred an order that the meeting minutes for any body subject to open meeting law include reference to any and all materials submitted for consideration during that meeting or hearing and that copies of those materials be kept on file in the City Clerk’s office for public inspection for a period of time consistent with existing City ordinances and State law  recommend that the order has been complied with

15F.    The Committee on Public Service to whom was referred an order that the Committee on Public Service to whom was referred an application for a Home Occupation Permit for Timothy Wright on 113 Westfield Rd. Recommend that the order be given leave to withdraw without prejudice

15G.    The Committee on Public Service to whom was referred an application for a special permit for a flea market on 60 Jackson Street for Mr. Gus Plagakis  Recommend that the order be given leave to withdraw without prejudice

16.    Development and Governmental Relations Committee Reports (if any)

17.    Charter and Rules Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

18.    ALEXANDER    –    Whereas: Business Owners within the City have a legitimate interest in matters before the Council and may bring a unique perspective to certain Council deliberations

Ordered: That Rule 64 defining the Public Comment period be amended to allow comment by either residents of the City or owners of businesses located within the City, as well as representatives speaking on behalf of any City Department, Municipal Agency or Union representing City Employees

19.    ALEXANDER    –    

Ordered: That prior to seizure of any building for back taxes or other debt, the Treasurer present for approval to the Council documentation of the financial impact of such seizure, including any anticipated legal costs, rehab/demo costs and expected revenue from resale of the property, as well as a summary of the rationale for such seizure.

20.    ALEXANDER    –    Whereas: The proceeds from sale of surplus property are, by law, added to the General Fund

Resolved: that the City Council urge the Mayor to reserve any proceeds from the sale of the Lynch School property for the purposes of furthering the Holyoke Redevelopment Plan.

21.    ALEXANDER    –    

Ordered: that Council Rule 44 be amended to allow the following actions regarding Late Filed Orders

(a) Referral to Committee (currently allowed)

(b) Receipt of Communications without Referral

(c) Adoption and Referral without debate to any City Department

(d) to allow copies to be sent to any entity as appropriate.

22.    ALEXANDER    –    

Ordered: that Rule 42 (Special Meetings) be clarified to indicate that such meetings are not subject to the Order of Business specified in rule 26.

23.    ALEXANDER    –    

Ordered:  That the DPW develop and implement a plan to for curbside pickup of bulk items for residents of Holyoke, including appropriate charges to cover the costs of pickup and disposal.

24.    ALEXANDER    –    

Ordered:  That the DPW develop and implement a plan to accept yard waste from business properties located in Holyoke, including appropriate charges to support the costs.

25.    ALEXANDER    –    

Ordered:  That the DPW develop and implement a plan to accept bulk items from rental tenants residing in Holyoke

26.    BARTLEY    –    That the City Council, in accordance with M.G.L. Ch. 30B, Sec. 16 (i) and the City of Holyoke Procurement Ordinance vote to declare surplus and available for disposition, approximately 1,750 square feet of office space within the City Hall Annex basement, being a portion of Assessors MBP 013-07-001.

27.    BARTLEY    –    That the City Council, in accordance with M.G.L. Ch. 30B, and the City of Holyoke procurement ordinance, authorize the Mayor to enter into an agreement with the Commonwealth’s Office of the Commissioner of Probation (OCP), for the use of approximately 1,750 square feet of office space located in the City Hall Annex basement, being a portion of Assessors MBP 013-07-001.

28.    BARTLEY    –    That the DPW would replace the street sign at Coit St. and Queen St.  The older (but classic) looking concrete pole does not have a street sign affixed.  Put the street sign on top and remove the modern (but homely) one.

29.    BARTLEY    –    That the DPW put a street sign on Kaster St.

30.    BARTLEY    –    that the name be changed of the portion of Coit St. that is west of Hillside Ave.

31.    BRESNAHAN    –     That the City of Holyoke adopt an ordinance in recognizing the term Christmas Tree and not Holiday tree for our annual lighting of a  tree at City Hall used during the Christmas season, and placed in front of the Holyoke City Hall.

32.    CHATEAUNEUF    –    The DPW and Dean Technical High School come in and
    GREANEY JR.        discuss work program possibilities.
    LEBRON-MARTINEZ

33.    LEBRON-MARTINEZ    –    That the sign located on 97 High Street be removed per tenants request of building and business since the resident with the placard doesn’t lives at 97 High Street

34.    LEBRON-MARTINEZ    –    That DPW and or Holyoke Gas & Install better lighting in the beginning of center street between Canal on to Lyman, visibility very poor to dark.

35.    LEBRON-MARTINEZ    –    That a   “no standing or Idling” sign be placed from the corner of Bower and Appleton trucks to the end of Conklin furniture driveway, Sullivan Steel trucks park close to curb blocking the view of cars and pedestrian.

36.    LEBRON-MARTINEZ    –    That DPW look and take appropriate measure to address sink hole where metal plates were place in alleyway behind 199 Beech Street before someone gets hurt. Children at play in alleyway

37.    LEBRON-MARTINEZ    –    That the city consider to pick up the trash out of dumpster at McNally field and recycles as a way to reduce cost, Holyoke Public schools currently has outside contractor for their trash and recycle pick up.

38.    MCGEE    –     that DPW purchase 32 gal. 2 -wheeled Recycle blue containers in order for residents to expand on the recycling program.

39.    MCGEE    –    That the loan order of the City Council appropriating $2,000,000 for the costs of park repairs and improvements passed September 2, 2014 is hereby amended to increase the amount appropriated and to add another facility, such that the order reads in its entirety as follows:

“Ordered:   That the sum of $2,175,000 is appropriated to pay costs of repairs and improvements at four (4) City owned park facilities:  Roberts Athletic Complex, Mackenzie Stadium, Crosier Field and Jones Point Park sports facilities, including the payment of all costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to G.L. c. 44, Sec. 7(25), or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore.

Further ordered:  That the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any and all of the bonds or notes authorized to be issued pursuant ot this Order, and to provide such information and execute such documents as may be required for such purposes.”

40.    MCGEE    –    Order that the mayor and/or city council temporarily appoint the tax collector as collector/treasurer in order to handle the day to day operations due to the absence of the treasurer.  By allowing the collector to act in this capacity we are allowing the office to have daytime oversight and coverage.  A stipend could be paid to cover the extra work load taken on by the collector.  

41.    VALENTIN    –    that a handicap sign be placed at 192 Oak St. for Luis Soto

42.    VALENTIN    –    that a handicap sign be placed at 1189 Dwight St. for Juanita Santos

43.    VALENTIN    –    That the City Council be given an update by the City Auditor regarding the local option meals tax and the revenue that this meals tax has generated for the city. This local option meals tax was adopted by a vote of 11-2 on May 6, 2014.

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 25, 2014 by