Events

City Council Meeting Text Size

Event takes place on April 02, 2013 at 7:00 PM
City Council Chamber 536 Dwight St. Holyoke MA

AGENDA FOR THE CITY COUNCIL
April 2,2013

PUBLIC COMMENT

COMMUNICATIONS

1.    Previous meeting minutes from March 19, 2013

2.    From Mayor Alex B. Morse, re:  appointment of  Heather Egan to the position of Municipal Hearing Officer effective March 20, 2013

3.    From Jeffrey Burkott, Office of Planning & Development, letter re:  site plan review and special permits for McDonald’s Restaurant with Drive thru.

4.    From Office of Planning & Economic Development. letter re:  EOHED – Massworks Grant for Victory Theater Predevelopment Work

5.    From Office of Planning & Development minutes from January 16, 2013

6.    From Holyoke Historical Commission, minutes from February 6, 2013

PRESIDENT’S REPORT

PETITIONS

7.    Petition of Fara Bahrehmand from yellow cab for a renewal of a taxi cab

8.    Petition of McDonald’s Corp. at 285 Maple St. for a special permit for a drive-in, take out restaurant

REPORTS OF COMMITTEES

9.    Ordinance Committee Reports (if any)

9A.    The Committee on Ordinance to whom was referred an order Section 2 Entitled “Definitions” 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: ADDING After the definition of “Special permit use, allowed use, exemption” Split-Zone Parcel (lot): a parcel of land that contains more than one classification of zoning district. Also known as a Partial Zone Parcel (lot)  Recommend that the Order be adopted

9B.    The Committee on Ordinance to whom was referred an order Section 5 entitled “Dimensional controls” 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: ADDING 5-5 Split Zone parcels 5.5.1 General. A lot or land defined as a Split Zone parcel shall meet the following criteria: 1. The requirements of zoning and use shall be calculated including only the area of the parcel upon which the planned use is allowed under section 4.0 2. For the purpose of construction and development of a split-zone parcel, development shall meet the requirements of section 5. 2 within the zone permitted under section 4.0, including but not limited to setback requirements from the zone boundary Recommend that the order be adopted

9C.    The Committee on Ordinance to whom was referred an order that the demolition delay ordinance, section 18-34 be reviewed and amended to update the procedures for notification to the historic commission in order to bring it in line with current city practices Recommend to adopt as amended

9D.    The Committee on Ordinance to whom was referred an order Section 2-86 entitled “same-Duties” of Chapter 2 entitled “Administration” of the Revised Code of Ordinances of the City of Holyoke, MA, 1997 as amended, is hereby further amended by the following: During a prolonged absence of the City Clerk, the Assistant City Clerk shall serve as the Acting City Clerk and be entitled to additional compensation in the form of a stipend for the additional duties for which he or she is responsible. The stipend shall not exceed six thousand dollars ($6,000) per year to be paid in bi-weekly increments and pro-rated accordingly during the absence of the City Clerk. The Asst. City Clerk shall be entitled to receive the stipend on the thirty first day of the City Clerks Absence.

A prolonged absence shall mean that the City Clerk is not performing the duties of the office as required by law, for any reason for for a period of time greater than thirty (30) work days, as documented in writing by the personnel director.

The City Clerk shall no longer be considered absent and the payment of the stipend shall end when: (1) he or she resumes the duties of the office full time, as documented in writing by the Personnel Director; (2) the City Council finds that the City Clerk is disabled and appoints a Clerk Pro Tempore in accordance with Section 6 of the Charter; or (3) the City Council finds that there is a vacancy in the office and appoints a City Clerk in accordance with Section 6 of the Charter

This Ordinance shall take effect retroactively to July 1, 2012 Recommend that that the Order be adopted

9E.    The Committee on Ordinance to whom was referred an order that Chapter 78 entitled “Streets, Sidewalks, Other Public Places” of the Revised Code of Ordinances of the City of Holyoke MA 1997 as amended is hereby further amended by the following: ADDING Sec. 78-30 Objects on sidewalks prior to events. : Chairs, ropes, tape barriers, and other similar objects to hold a place for an event shall not be placed on sidewalks, tree belts or within any other part of the public right of way earlier than twenty-four (24) hours prior to the start time of the event. The Department of Public Works and/or the police may remove any such objects put out in violation of this section.  Recommend that the order be adopted

9F.    The Committee on Ordinance to whom was referred Section 2 entitled “Definitions” 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 definition of “Office, professional” in its entirety AND ADDING IN ITS PLACE: Office professional: the office of one engaged in one of the following profession: physician, dentist, veterinarian, attorney at law, engineer, architect, landscaper architect, design studio, accountant, real estate or insurance. Recommend that the Order be adopted

9G.    The Committee on Ordinance to whom was referred an order that the City of Holyoke adopt an ordinance requiring all landlords to maintain an insurance policy that provides for relocation expenses to tenants in the event that the building becomes uninhabitable due to fire or other natural disaster Recommend that the order be given leave to withdrawal

10.    Finance Committee Reports (if any)

10A.    The Committee on Finance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2013, in accordance with MGL Chp 44 Sec 53E1/2 the Wistariahurst Revolving Fund Recommend that the order be adopted

10B.    The Committee on Finance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2014 in accordance with MGL Chp 44 sec 53E1/2, the Composting Bins Revolving Fund Recommend that the order be adopted

10C.    The Committee on Finance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2014 in accordance with MGL Chp 44 sec 53E1/2, the Roberts Field Sports Complex Revolving Fund Recommend that the order be adopted

10D.    The Committee on Finance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2014, in accordance with M.G.L. Chp 44 Sec. 53E1/2 the Wistariahurst Revolving Fund. Recommend that the Order be adopted

10E.    The Committee on Finance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2014 in accordance with MGL Chp 44 sec 53E1/2, the Ceramics Program Revolving Fund  Recommend that the order be adopted

10F.    The Committee on Finance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2014 in accordance with MGL Chp 44 sec 53E1/2, the Community Field Park Revolving Fund Recommend that the order be adopted

10G.    The Committee on Finance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2014 in accordance with MGL Chp 44 sec 53E1/2, the Public Bus Transportation Passes Revolving Fund  Recommend that the order be adopted

10H.    The Committee on Finance to whom was referred an order an order that there is hereby authorized to be established and maintained for fiscal year 2014 in accordance with MGL Chp 44 sec 53E1/2, the Elderly Health Services Revolving Fund Recommend that the order be adopted

10I.    The Committee on Finance to whom was referred an order an order that there is hereby authorized to be established and maintained for fiscal year 2014 in accordance with MGL Chp 44 sec 53E1/2, the Government Access TV Channel Revolving Fund Recommend that the order be adopted

10J.    The Committee on Finance to whom was referred an order that in accordance with MGL Chp 44 Sec. 53 A the City Council hereby accepts the provisions of the HMEP – LEPC SUPPLIES AND PLANNING grant Recommend that the grant be accepted

10K.    The Committee on Finance to whom was referred an order that any needed language be written and approved to implement the Valor Act as adopted by the Holyoke City Council Recommend that the order has been complied with

10L.    The Committee on Finance to whom was referred an order that the City Solicitor investigate and explain the legal possibilities of implementing a PILOT program (Pay in lieu of taxes) with regards to payments in lieu of taxes so that non-profits can contribute to the City of Holyoke’s tax base Recommend that the order has been complied with

10M.    The Committee on Finance to whom was referred an order that the Recycling Coordinator appear before the City Council to discuss setting up a revolving fund to allow all monies collected through the City of Holyoke Recycling Program to back to the DPW recycling program to continue to expand on the current program as well as buy materials to allow more Holyoke residents and businesses to recycle Recommend that the order has been complied with

10N.    The Committee on Finance to whom was referred an order that the Tax Collector and Treasurer report back to City Council all non-profits within the City that are participating with the Pay in Leiu of taxes (PILOT) program  Recommend that the order has been complied with

11.    Public Safety Committee Reports (if any)

11A.    The Committee on Public Safety to whom was referred an order that the City Council consider being an official supporter of the South Holyoke Safe Neighborhood Initiative Recommend that the order be adopted

11B.    The Committee on Public Safety to whom was referred an order that the DPW extend the metal highway guardrail on Westfield Rd. eastbound on the side of 1 Woodland St.
 Recommend that the order be adopted

11C.    The Committee on Public Safety to whom was referred an order Order that the DPW install a new camera that will monitor the parking lot area at the new senior center Recommend that the order has been complied with

11D.    The Committee on Public Safety to whom was referred an order that all City Departments report back all staff who have City issued cell phones Recommend that the order has been complied with

11E.    The Committee on Public Safety to whom was referred an order that the Animal Control Officer come before the City Council to discuss policy and procedure of the animal control for the City Recommend that the order has been complied with

11F.    The Committee on Public Safety to whom was referred an order that the City Licence Board come before the City Council to discuss matters on how many businesses have been inspected in the year 2012 if there were any violations and to provide the council with copies. Also to find out if there is a plan to ensure auto repair and sales licence holders are following City Ordinances recommend that the order has been complied with

11G.    The Committee on Public Safety to whom was referred an order that the City provide electronic control that changes the intersection light northbound on Homestead Ave. to green when the fire alarm is activated in order to keep traffic moving and facilitate trucks leaving the station in a timely manner Recommend that the order has been complied with

11H.    The Committee on Public Safety to whom was referred an order that the DPW investigate and determine if a street light needs to be installed at the corner of Sycamore, Carter, and Anderson Ave Recommend that the order has been complied with

12.    Public Service Committee Reports (if any)

13.    Redevelopment Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

14.    VACON    –    City Council extend the reverter clause for an additional twelve (12) months, to June 2014 for MIFA Victory Theater (deed for 81 Suffolk Street) and request that the Mayor initiate the extension, if that is legally required.

15.    BARTLEY    –    the License Board review the fees it charges vendors,
    SOTO        other than those dealing in alcohol-related businesses,
            for initial applications and renewals and report all
            fees to the City Council.  Further, order the License
            Board to survey and compare fees charged by our neighboring
            cities and towns and to provide recommendations to
            the City Council to either change the fees or keep
            them the same.  

16.    BARTLEY    –    City Council be provided a list of the vendors, other than those dealing in alcohol-related businesses, paying fees charged by the License Board.  Please note whether the vendors are current and quantify the amounts remitted for the last two years.

17.    JOURDAIN    –    City Clerk provide the City Council with all the costs to the city related to the charter question in 2011 including costs of printing and mailing the proposed charter to all voters. Also please provide the City Council with the deadline to return signatures to put this on the ballot again.

18.    LISI    –    That Sections 34-31 through 34-34 regarding the Board of Registrars of Voters be amended to reflect the fact that the acceptance of M.G.L. Ch. 51, Sec. 17 was revoked by the City in 2004.

19.    MCGEE_B    –    City Council present a proclamation to our colleague,
    MCGEE_T        City Councilor Joseph McGiverin, for being chosen
            as the Legislator of the Year by the Massachusetts
            Citizens For Life.

20.    MCGEE_T    –    City Government photos in the City Council Chamber include all Department Heads (Collector, Assessor, Reg. of Voters, Etc.,) as they are Holyoke City Government.

21.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Donation to Wistariahurst” 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.

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 29, 2013 by