Events

City Council Meeting Text Size

Event takes place on May 02, 2017 at 7:00 PM
City Hall, City Council Chambers, 536 Dwight St. Holyoke, MA 01040

AGENDA FOR THE CITY COUNCIL
May 2,2017

PUBLIC HEARING

1.    From Albert E. Bessette Jr., Right Away Manager Re: Verizon job #4AORH1M.  Petition for joint or identical pole location on Easthampton Rd.

2.    From Albert E. Bessette Jr., Right Away Manager Re: Verizon job #4AORH5M.  Petition for joint or identical pole location on Easthampton Rd.

PUBLIC COMMENT

COMMUNICATIONS

3.    From City Clerk Brenna Murphy McGee, minutes from the City Council meeting on April 4, and April 18, 2017.

4.    From Parks & Recreation Commission minutes of March 28, 2017.

5.    From Board of Health, minutes from the March 2, 2017 meeting

6.    From Board of Fire Commission Meeting, minutes from the March 27, 2017 meeting

7.    From VGR Law Firm, letter regarding Prohibition on Shareholders in Massachusetts Non-Profit Corporations

8.    From Bohler Engineering, Request for Withdrawal of Zone Change Application (attached are petitions that were taken up in the Ordinance Committee)

9.    From Andrew T. McMahon of 37 Stratford St., letter of interest in serving on the recently established CPA Board,

PETITIONS

10.    Petition of Gerardo Ramos of 275 Sergeant Street for a renewal of a home occupation for wholesale of marine reef.

11.    Petition of Jose Laboy, for a street vendor license to sell hot dogs at the corner of Maple St. and Dwight St.

12.    Petition of Gabriel Serrano (Kingdom Master Jewelers) for a renewal of a second hand license at 2020 Northampton St.

13.    Petition of Mariano Gomez Jr. for a new special permit for a Motor Vehicle Garage (7.2.13(a) at 170 Main St.

14.    Petition of Mariano Gomez Jr., for a new special permit for Used Car Sales (7.2.13) at 170 Main St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

15.    Ordinance Committee Reports (if any)

15A.    The Committee on Ordinance to whom was referred an order that the City Council consider revising/streamlining the City’s parking permit ordinance, Section 86-106, and any related schedules and establish permit parking for Beech St. if necessary.  Recommend that the order be adopted

15B.    The Committee on Ordinance to whom was referred an order Ordered that a safety alert message be created by the Mayor every time any fire apparatus is browned out.  Recommend that the order be adopted

15C.    The Committee on Ordinance to whom was referred an order  that the Ord. Committee allow an additional handicap space in front of Mass Surgical Supply (249 High St.) and to make the current handicap to each have a one hour parking limit  Recommend that the recommendations of DPW be adopted (Post sign with one hour parking)

15D.    The Committee on Ordinance to whom was referred an order  that the intersection of Mosher and North Bridge St. become a 4 way stop intersection. There are numerous accidents and the residents would like to see a more secure intersection  Recommend that the recommendations of DPW be adopted (to mark pavement to improve the line of sight)

15E.    The Committee on Ordinance to whom was referred an order to request our City Engineer to valuate Rt. 202  and make eastbound one lane rather than two due to increase speeding and safety complaints.  Recommend that the recommendations of DPW  be adopted ( Request to Mayor that a radar speed sign be installed on Rt. 202)

15F.    The Committee on Ordinance to whom was referred a Special Permit application of GTI-Massachusetts NP Corporation for a Registered Marijuana Dispensary at 28 Appleton St. Holyoke MA.  Recommend that the application be approved with the following conditions:

1. Initial operations of the RMD will be limited to a single employee shift with the usual hours of operation being from 7:00am to 12:00am

2. No exterior signage will be posted or displayed at the RMD except as may be required by Massachusetts DPH and by Zoning Ordinance Section 7.10.5(2)(e) which required a sign be posted at each entrance to the RMD which reads as follows: “Registration Card Issued by the MA Department of Public Health Required” in text two inches (2″) in height

3. GTI will improve a portion of the City owned parking lot on Canal Street directly across from the RMD to coincide with the number of employees working at the facility. The scope and timing of improvement work to be completed by GTI will be in accordance with and upon the mutual agreement of Holyoke Dept. of Public Works

4. This Special Permit for is for medical marijuana only not recreational marijuana. This Special Permit is for an RMD that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes marijuana and products containing marijuana at 28 Appleton St.. are all pursuant to applicable State laws and regulations. Any requested change to this scope of permitted uses at the RMD will require a new Special Permit from the Holyoke City Council.

5. Prior to the issuance of a Certificate of Occupancy for the RMD, a detailed ventilation plan will be approved by the Building Inspector and meet the standards identified in the Building Code and Zoning Ordinance

6. GTI will comply with 105 CMR 725.105(O) which will cover the removal of all marijuana and products containing marijuana from the RMD in the event that GTI files for protection under the bankruptcy laws, or GTI otherwise ceases operations at the RMD without removal of all such materials.

7. GTI will obtain any and all permits or approvals necessary for the secured enclosure located in the loading area of the RMD as required by the Holyoke Chief of Police. Additionally in the even that there are changes to the approved security plan any changes, or alterations to the security plan be reviewed and approved by the Holyoke Chief of Police

8. If the applicant enters into a waste water agreement with the Holyoke Dept. of Public Works for the purpose of metering its waste water discharge or therewise, a copy will be provided to the City Council

9. All grant money provided from the applicant shall be utilized exclusively for Ward 1 and Ward 2 in the City of Holyoke

15G.    The Committee on Ordinance to whom was referred an order that DPW post no parking signs on the easterly side of Isabella St. from 200 ft. north of the intersection of Isabella St. and Corser St. to 80ft. north of Forer Avenue  Recommend that the order be adopted with recommendations from DPW

15H.    The Committee on Ordinance to whom was referred an order Ordered that two parking spaces opposite the driveway for 261 Elm St. be designated “no parking” to facilitate entry by the waste and recycling trucks. At present, if a car is parked in this area, it is impacting the ability for trucks to enter this property and remove waste and recycling.  Recommend that the order be adopted with DPW recommendation

15I.    The Committee on Ordinance to whom was referred an order  that the DPW remove the handicap sign at 195 – 197 Suffolk St.  Recommend that the order be adopted with the recommendations of DPW

15J.    The Committee on Ordinance to whom was referred an order Order:  that speed limit signs be posted on the Apremont Hwy hill near the upper part of the road between 202 and Rock Valley Road.  That stop signs be placed at Apremont Hwy where it turns to the right up the hill and where it turns right on to Rock Valley Rd. until such time as the intersection is reconfigured into a three way stop.  Recommend that the recommendation of DPW be adopted (add yield sign)

15K.    The Committee on Ordinance to whom was referred an order That Chapter 86 of the Code of Ordinances be amended as necessary in order prohibit the operation of commercial vehicles on Dartmouth Street.  Recommend that the order be adopted with the recommendations of DPW

15L.    The Committee on Ordinance to whom was referred an  that the city engineer/DPW look into installing a stop sign at Old Jarvis and Bassett  Recommend that the order has been complied with

15M.    The Committee on Ordinance to whom was referred an order than unmetered 15 minute loading zone be allowed in front of Mass Surgical Supply store (249 High St.) for loading and unloading purposes  Recommend that the order be adopted with the recommendation of DPW

15N.    The Committee on Ordinance to whom was referred an Zone Change application of Lisciotti Development for a zone change at 527 South St. from Current Zone: R-2 to Proposed Zone: BG  Recommend that the application be given leave to withdraw without prejudice at the request of the applicant

16.    Finance Committee Reports (if any)

16A.    The Committee on Finance to whom was referred a Financial Transfer request of $4,000 FROM Free Cash TO: Chief Procurement Officer   Recommend that the order be adopted

16B.    The Committee on Finance to whom was referred a Financial Transfer Request of $3,000 FROM Free Cash TO: Claims-General
  Recommend that the order be adopted

16C.    The Committee on Finance to whom was referred a Financial Transfer Request of $80,000 FROM: Free Cash TO: School Expenses (Rent)  Recommend that the order be adopted

16D.    The Committee on Finance to whom was referred a Financial Transfer Request of $321,000 FROM: Charter School Assessment TO: Expenses (Transportation)  Recommend that the order be adopted

16E.    The Committee on Finance to whom was referred a Financial Transfer Request of $4,639.00 FROM: Engineer/Asst. Supt. TO: Admin- Vacation Buyback/Buildings-OT/Automotive OT  Recommend that the order be adopted

16F.    The Committee on Finance to whom was referred a Financial Transfer Request of $1,697.43 FROM: Patrolmen TO: Overtime- Parade, Injured on Duty
  Recommend that the order be adopted

16G.    The Committee on Finance to whom was referred a Financial Transfer Request of $10,421.88 FROM Firefighters and Lieutenants TO: Injured on Duty  Recommend that the order be adopted

16H.    The Committee on Finance to whom was referred a Financial Transfer Request of $14,822.24 FROM Firefighters and Lieutenants TO: Injured on Duty  Recommend that the order be adopted

16I.    The Committee on Finance to whom was referred a Financial Transfer Request of $30,000 FROM Reserve Officers TO: Education and Training  Recommend that the order be adopted

16J.    The Committee on Finance to whom was referred an order that the City Council recommend that the school Dept. move their offices from 4 floors to 2 floors in order to reduce their lease payments
  Recommend that the order has been complied with

16K.    The Committee on Finance to whom was referred a Financial Transfer Request of $200,000 FROM: Demo Supervisor/ Demo Worker/ Engineer/ Heavy Motor Equipment Operator/ Volunteer Coordinator  Recommend that the order be denied

16L.    The Committee on Finance to whom was referred a Financial Transfer Request of $100,000 FROM: Sanitarian II/ Auto Allowance/ Auditor/ Assistant Solicitor/ Recreation Coordinator/ Library Assistant/ Custodian/ Tax Liability/ Interest-Short Term Debt  Recommend that the order be denied

16M.    The Committee on Finance to whom was referred a Financial Transfer Request of $33,000 FROM Patrolmen TO: Overtime  Recommend that the order be denied

16N.    The Committee on Finance to whom was referred a Financial Transfer Request of $5,000 FROM Free Cash TO: Advertising  Recommend that the order be denied

17.    Public Safety Committee Reports (if any)

18.    Public Service Committee Reports (if any)

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

19A.    The Committee on Development and Governmental Relations to whom was referred an order  that the City Council invite the Hon. Nick Cocchi, Hampden County Sheriff, to a future meeting of the DGR Committee  Awaiting disposition

19B.    The Committee on Development and Governmental Relations to whom was referred an order  that the Honorable City Council vote to approve the Order of Taking to acquire by eminent domain and in fee simple absolute a 4,304 square foot parcel located at 515 – 519 Dwight Street for the construction of the Center City Pedestrian Plaza, and to award damages for said taking in the amount of $20,000.00.   Said parcel at 515 – 519 Dwight Street is identified by Holyoke Board of Assessors as Map 013, Block 04, Parcel 004. A Copy of the Order of Taking is attached hereto.  Awaiting disposition

19C.    The Committee on Development and Governmental Relations to whom was referred an order that in accordance with M.G.L. ch. 30B and the Holyoke Code of Ordinances procurement ordinance, the City Council consider declaring three parcels as surplus property available for disposition. Said parcels are identified by the Holyoke Board of Assessors as parcels 117-00-018, 117-00-145 and 117-00-148.  The parcels are more particularly described at the Hampden County Registry of Deeds in Book 3658, Page 325; Book 16921, Page 558; and in Plan Book 378, Page 97, accordingly (plan copy attached).  Awaiting disposition

20.    Charter and Rules Committee Reports (if any)

20A.    The Committee on Charter and Rules to whom was referred an order That the Counsel to the Council be provided with a microphone at her desk, and internet connection and printer access at her laptop when in Council chambers so that s/he may address the Council from her desk and be better able to provide needed information and documents. Further ordered that if needed a Rule be created to allow our Counsel to address the Council from her desk.  Recommend that the order be adopted and referred to IT for equipment.

20B.    The Committee on Charter and Rules to whom was referred an order, that Rule 26 be amended to state that the 3rd order of Council business directly after the Pledge of Allegiance shall be the Statement “God Bless America, God Bless the City of Holyoke and All its Citizens, and God Bless the City Council.”  Recommend that the order be adopted

20C.    The Committee on Charter and Rules to whom was referred an order That the City Council amend its rules to make the joint committee of the City Council and School Committee a permanent standing committee.  Recommend that the order be adopted

20D.    The Committee on Charter and Rules to whom was referred an order  that the City of Holyoke through ordinance create “gentrification mitigation zones.” “Gentrification Mitigation Zones,” or GMZ will be areas with large working class and highest concentration of poverty according to the US Census Data tracts, above-average increases in property values and signs of resident displacement. The districts would be subject to stronger protections for tenants whose housing may be at risk as developers and people with higher incomes move into a neighborhood.  In a gentrification mitigation zone, tenants of a building that’s put up for sale would have the first chance to buy it, with the possible assistance of local (i.e. CPA), state and federal funds. If renters opted not to buy their building, the sale would be subject to a tax of 1 percent or less to assist tenants who face displacement locally. ​
Developers in these proposed zones would also have to create community impact statements to address how they would affect the neighborhood’s character, existing affordable housing, schools and other resources. They would be required to meet with any Ward Councilor in which a zone lies and the local neighborhood councils to present their plans.  
Item 9: Bresnahan 6/17/14: Order that pursuant to article 2 section 8 of the Massachusetts constitution the City Council of the City of Holyoke petition the state to enact a special act allowing the establishment of a city manager to oversee the day to day operations of the City of Holyoke. Hired by the City of Holyoke City Council with a set term and set pay established by the City Council Recommend that the order be referred to the Ordinance Committee

20E.    The Committee on Charter and Rules to whom was referred an order that Rule 42 (Special Meetings) be clarified to indicate that such meetings are not subject to the Order of Business specified in rule 26.  Recommend that the order be adopted

20F.    The Committee on Charter and Rules to whom was referred an order That  the City Council seek a legal opinion whether the ordinance committee can refer an order to the full City Council “without a recommendation”  Recommend that the order has been complied with

20G.    The Committee on Charter and Rules to whom was referred an order  that the following be referred to Ordinance and the Law Department for review and recommendations prior to the end of the term of the current Collector in February 2014.  That a review be conducted to consolidate all staff currently assigned to the Tax Collectors office with that of the Treasurers office.  That the possibility of conversion of the City Treasurer from Elected to Appointment is reviewed and that a new position of Deputy Treasurer/Collector is added with all the power and authority to act in the name of the Treasurer/Collector.  That the Current Treasurer head this combined office for the remainder of his term and that the Current Tax Collector be appointed to the new position.  That the two individuals work together to streamline and enhance the two offices and there by build a stronger succession plan. During this transition time no positions are to be eliminated and or reduced except upon retirement.  Adding this will perhaps build a willingness of all staff to come together and add input to this process.  Recommend that the order be given leave to withdraw

20H.    The Committee on Charter and Rules to whom was referred an order that pursuant to article 2 section 8 of the Massachusetts constitution the City Council of the City of Holyoke petition the state to enact a special act allowing the establishment of a city manager to oversee the day to day operations of the City of Holyoke. Hired by the City of Holyoke City Council with a set term and set pay established by the City Council  Recommend that the order be given leave to withdraw

20I.    The Committee on Charter and Rules to whom was referred an order That the City Charter be amended to combine the positions of the elected City Treasurer and council appointed Tax Collector into a new position entitled Collector & Treasurer of the City of Holyoke.  That this position be appointed by the City Council to a 3 year term.  That this change take effect January 2018 with the possibility of transition plan in the interim if legally permissible.
  Recommend that the order be given leave to withdraw

20J.    The Committee on Charter and Rules to whom was referred an order Whereas: Primaries for local elections use significant resources and take time from both the voters and poll workers Ordered: That the City consider appropriate amendments to Charter and Ordinance to replace local primaries with Rank-Preference voting on Election Day, allowing for a majority-vote winner from the first round of voting.  Recommend that the order be given leave to withdraw

20K.    The Committee on Charter and Rules to whom was referred an order Whereas: Chapter 98 (Vehicles for Hire) refers to a class of specific Businesses,  Ordered:  That Chapter 98 be reviewed for (a) streamlining, (b) inclusion as one or more Divisions of Chapter 22 (Businesses), (c) to revise all appropriate sections replacing the City Council and/or the Chief of Police with the License Commission as the Issuing Authority, (d) that all appropriate sections be revised to strike reference to specific fees and to grant fee-setting authority to the License Commission  Recommend that the order be given leave to withdraw

20L.    The Committee on Charter and Rules to whom was referred an order Whereas: The License Commission currently controls some but not all fees for licenses and permits issued by the Commission: Ordered:  That Chapter 22 Sec 22-1 (Miscellaneous Business License Fees) be amended to strip reference to specific fee amounts and that control over that fee schedule be granted to the License Commission  Recommend that the order be given leave to withdraw

20M.    The Committee on Charter and Rules to whom was referred an order Whereas: The City Council engages in many administrative decisions that are distractions from its legislative mission and purpose Ordered:  That Chapter 22 Article V (Pawnbrokers) be amended to replace permit issuance by the City Council with issuance by the License Commission, and that section 22-182 (Fee) be amended to remove reference to a specific amount and the setting of such fee be granted to the License Commission.  Recommend that the order be given leave to withdraw

20N.    The Committee on Charter and Rules to whom was referred an order Whereas: Chapter 65 (Secondhand Goods) refers to a class of specific Businesses,  Ordered:  That Chapter 65 be reviewed for (a) streamlining, (b) inclusion as one or more Divisions of Chapter 22 (Businesses), (c) to revise section 66-61 (License) replacing the City Council with the License Commission as the Issuing Authority, (d) that section 66-65 (Fees) be revised to eliminate reference to specific fees and grant fee-setting authority to the License Commission  Recommend that the order be given leave to withdraw

20O.    The Committee on Charter and Rules to whom was referred an order Pursuant to Rule 32 of the Holyoke City Council, the City Council establishes a Special Committee on a Holyoke Casino which shall consist of 5 members of the City Council.  Pursuant to Rule 54. the purpose and subject to be studied by the committee shall be as follows:
(1) Analyze and study all proposals to create a casino in the City of Holyoke
(2) Take testimony and gather data from all necessary city officials, state officials, developers, other persons, organizations and companies relevant to this purpose.
(3) The committee will have as one of its core goals the ideal that the citizens deserve to have a developer selection process which is transparent and open, and which affords all citizens with the most amount of quality information possible so they can make an informed decision in the event there is a future referendum vote.
 (4) The committee shall further examine the impact of any potential casino development on any city ward or neighborhood which may be impacted and determine what mitigation can be made to alleviate any potential negative impacts, identify viable resources from the developer or otherwise to address those issues, and further determine if perhaps certain negative impacts are too great to be alleviated such that a casino in a certain location is not viable.
(5) The committee shall examine the financial impact of all proposals to determine what economic and financial impact all casino proposals would have in the city and for the benefit of the city government.  The committee shall perform a cost-benefit analysis.
(6) The committee may, if consent is granted by the City Council as a whole, request funds from the Mayor for the selection of a neutral consultant who shall be an expert in the field with no interest in any proposals under consideration in Massachusetts to assist it in its work.
(7) Prepare a final report (with intermediary drafts reports, at is discretion) as to the best course of action for the Holyoke City Council, Holyoke City Government, as well as, general citizenry relative to this issue.
(8)  The committee may or may not, at its discretion, make a recommendation to the full City  Council or the general citizenry as to the relative strength or weaknesses of any particular casino proposal whether or not is provided with a host community agreement by the Mayor   Recommend that the order be given leave to withdraw

20P.    The Committee on Charter and Rules to whom was referred an order 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. Recommend that the order be given leave to withdraw

20Q.    The Committee on Charter and Rules to whom was referred Whereas: The City Solicitor has advised that all Orders require Mayoral signature before they can be acted upon by any City Department Ordered: That the Council adopt a Rule clarifying the form for each article of business that comes before the Council so that the business of the Council can continue to operate in a timely and effective manner  Recommend that the order be given leave to withdraw

20R.    The Committee on Charter and Rules to whom was referred an order  that the appropriate sections of the Charter, Ordinances, and Council rules be amended to allow financial transfers within any one department for amounts up to $500 within the same fiscal year
  Recommend that the order be given leave to withdraw

20S.    The Committee on Charter and Rules to whom was referred an order the residency requirement for the DPW Director be given an exception due to the fact that he has served the City for over 25 years and that the requirement has never been enforced  Recommend that the order be given leave to withdraw

20T.    The Committee on Charter and Rules to whom was referred an order that  the City Council enact a rule or set of rules to govern the replacement of a vacated seat in an orderly and consistent manner.  Recommend that the order be given leave to withdraw

20U.    The Committee on Charter and Rules to whom was referred an order the City Council adopt a rule: Should a position become vacant where the Charter states that the City Council may appoint a member to fill a vacancy, that the City Council shall choose the individual receiving the next highest number of votes in the most recent election as long as the individual is eligible and willing to serve.
This preserves the integrity of the voting process by reflecting the will of the voters.  Recommend that the order be given leave to withdraw

20V.    The Committee on Charter and Rules to whom was referred an order  that the Sewer Commission and Water Commission be merged to form one board  Recommend that the order be given leave to withdraw

20W.    The Committee on Charter and Rules to whom was referred an order  that the City Charter Committee look into adopting a City Manager position instead of a 2 or 4 year Mayor position  Recommend that the order be given leave to withdraw

20X.    The Committee on Charter and Rules to whom was referred an order that the one year appointment for the City Council Administrative Assistant be changed to a two year appointment  Recommend that the order be given leave to withdraw

20Y.    The Committee on Charter and Rules to whom was referred an order Whereas: The City Council engages in many administrative decisions that are distractions from its legislative mission and purpose: Ordered:  That Ordinance Sec 10-51 (Billard etc. licenses) be changed to require a license issued by the License Commission rather than the City Council.  Recommend that the order be given leave to withdraw

21.    Joint City Council and School Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

22.    BRESNAHAN    –    Order that the Mayor or his designee inform the city council as to the cost of renting the city hall auditorium. Does this cost associated with the auditorium cover all DPW or other city employees that are needed to set up and break down the auditorium before and after the parties.  If the cost of renting the auditorium is not paid for by the renter or does not cover any work or overtime of city employees who is covering these costs

23.    LEAHY    –    Order that: Department of Public Works work with the Mass DOT, district 2, on repairing the traffic sign that has fallen on the corner of Northampton Street and Lincoln Street.

24.    LEAHY    –    Order that Dr. Zrike meet with the Finance sub-committee
    VACON        to discuss the City of Holyoke not making Net School
            Spending for the 2016 school year. Please submit documentation
            for the school year.

25.    LEAHY    –    that the Alarm division either fixes or removes the Fire Alarm box located on the Holyoke Gas & Electric pole. It’s located on the East side of Lenox Road.

26.    LEAHY    –    Order that: Pursuant to our conversation at the recent
    MCGEE        Finance committee meeting, April 26, I am requesting
    VACON        the line item budget for this fiscal year and the
            last three fiscal years for the Holyoke Public schools
            and any other programs that come through your department,
            such as the Halo program, for example.  Please have
            this provided to City Councilor James M. Leahy with
            in ten business days.

27.    LEAHY    –    the City Council invite in District Attorney Anthony Gulluni, Sheriff Nick Cocchi, the Holyoke Chief of Police Jim Neiswanger,  and the Director of Holyoke’s Board of Health Brian Fitzgerald to discuss the war on opioids use in Holyoke and the treatment of addiction.

28.    LEAHY    –    the City Council invite in District Attorney Anthony Gulluni to discuss panhandling in the City of Holyoke. I believe that this isn’t a homeless issue but more of a Human trafficking issue similar to sex trafficking.

29.    LEBRON-MARTINEZ    –    that a handicap sign be placed in front of 372 Maple St. for Cynthia Hernandez.

30.    MCGEE    –    Ordered that the City Council receive an update on the status of the 2014-2015 Government photo.  We are going to be taking pictures for the 2016-2017 photo but have yet to see the completed one from 2014-2015.  

31.    MCGEE    –    that the DPW patch the potholes at the corner of Stanford and Wellesley.

32.    MCGEE    –    that the DPW patch up Princeton Street.

33.    MCGEE    –    Whereas new businesses that have developed around the mall area are looking for better directional signage for their business and such signage could be placed on private property owners property, it is therefore requested that the ordinance committee considered the following as a possible new ordinance

NON-ACCESSORY SIGN ORDINANCE

Definitions

Billboard-a freestanding sign larger than 40 square feet in gross area or a wall sign covering more than 10% of the area to which it is affixed;

Non-Accessory Sign-  A sign which advertises a business, service, product, commodity, entertainment or similar object or activity which is conducted sold or offered on a Lot other than the Lot where the sign is erected. They are also known as off-site signs or off-premises signs. No property shall have more than one (1) non-accessory signs including on its property.

Sign A Sign includes any letter, word, symbol, drawing picture design device flag pennant article light or object that is designed to advertise, inform, direct or attract attention to or indicate any business, person or activity

1.  Non-accessory signs shall be allowed as matter of right in the BH zone
2.  No property shall have more than one (1) non-accessory signs including on its property.
3.  All signs must conform to the Sign Ordinances of the City of Holyoke.
4.  The owners of all Non-accessory signs shall have a written lease or rental agreement with the owners of the property on which the sign will be erected.  In that agreement, there shall be clauses stating who is responsible for both maintenance and insurance for the sign and the leases or rented area where the sign is standing.
5.  All non-accessory signs will have a minimum height of five feet to the bottom of the sign above the mean finished grade where the sign is located.
6.  All non-accessory signs will have a maximum height not to exceed thirty feet to the top of the sign above the nearest pavement grade.
7.  The maximum message area of the non-accessory sign shall not exceed eight feet in the BH district.
8.  Where such sign consists of two parallel flat signs, the maximum thickness between the two signs faces is two feet.
9.  Every sign shall be maintained in good condition.  If a sign shows corrosion or deteriorated paint over 25% of the area of side of the area of one side;  or if damage causes a loss of 10% of its substance, or if the sign suffers damage or deterioration which creates a risk of harm to the person or properly of another; or if the establishment is no longer in business, such sign shall be removed by the property owner.
10. The area around each sign shall be erected without a Building permit from the Building Commissioner for the City of Holyoke.  

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 April 28, 2017 by