Holyoke City Council Meeting Text Size
Event takes place on May 06, 2014 at 7:00 PM
City Council Chambers, City Hall, 536 Dwight St. Holyoke, MA 01040
LAID ON THE TABLE
1. The Committee on Finance to whom was referred an order that the Finance Committee invite the Mayor, Auditor, Assessor, Treasurer, and any other department head necessary to review the Fiscal Budget 2014
2. The Committee on Finance to whom was referred an order that City employees taking a vehicle home outside of work hours pay a weekly fee for us of a public vehicle. This fee shall be no less than the cost incurred by the City for the use, insurance, gas, etc. associated with the private use of the vehicle or $100 per week or as otherwise set by the City Council. No employee shall be required to take a City owned vehicle home.
3. The Committee on Finance to whom was referred an order that in accordance with MGL Ch. 44, Sec. 53A, the City Council hereby accepts the provisions of the 2014 SHANNON CSI 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.
4. The Committee on Finance to whom was referred an order that in accordance with MGL, Ch. 44, Sec.53A, the City Council hereby accepts the provisions of the MA SHRAB – Archive Preservation Supplies 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.
5. The Committee on Finance to whom was referred an order that the City Council adopt a local options meals tax in accordance with MGL Ch. 64L in order for this to have a positive impact on the FY 2015 budget, the City would have to present the DOR with a certified vote by May 31st
6. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the Fiscal year 2014, One Hundred Fifty Five Thousand dollars, From: General fund free cash To: Energy City Hall $80,000 energy City Hall Annex, $15,000 Motor Vehicle Fuel, $20,000 Water and Sewer $40,000
7. The Committee on Finance to whom was referred an order that there be and is hereby appropriated in fiscal year 2014, $2,000 From: General fund free cash, To: Pay substitute nurses
8. The Committee on Finance was referred an order that there be and is hereby appropriated in fiscal year 2014 $20, 783 From: General Fund Free Cash To: Pay collective bargaining agreement with the professional Supervisors Association.
9. Minutes of previous City Council meeting of April 15, 2014
10. From Mayor Alex B. Morse letter re: Appointments to Board of Registrar of Voters
11. From Mayor Alex B. Morse, letter appointing Jon Florio, 31 Wellesley Rd. to serve as the Republican member for the Board of Registrar of Voters for the City of Holyoke: Mr. Florio is replacing and finishing the remaining term of Mr. Tim Purington, which expires on March 31, 2016
12. From Mayor Alex B. Morse, letter appointing Michele Aubrey 208 Southampton Rd. to serve as the Republican member for the Board of Registrar of Voters for the City of Holyoke; Ms. Aubrey will serve a three year term, said term expires on March 31, 2017
13. From Kara Lamb Cunha, 2nd Ass’t. City Solicitor, Memo re: Appointments to the Board of Registrar of Voters
14. From Kara Lamb Cunha, 2nd Ass’t. City Solicitor legal opinion re: Open meeting law and committee meetings
15. From Brian G. Smith, City Auditor, Monthly Budget Reports general fund and waste water treatment plant as of March 31, 2014
16. From Brian G. Smith, City Auditor, Special funds revenue & expense statements July 1, 2013 – March 31, 2014
17. From Brian G. Smith, City Auditor re: Annual audited financial statements presentation
18. From Robert Judge, Personnel Administrator letter re: City of Holyoke – Human Resources Compliance Audit and Personnel Policy Review
19. From Alicia M. Zoeller, Administrator, letter re: Final CDBG Allocations
20. From Holyoke Youth Task Force invitation to the 2014 Inauguration
21. From Board of Health minutes of March 10, 2014
22. From Board of Fire Commissioners minutes of March 6, 2014
23. From Holyoke Redevelopment Authority, minutes of Annual Meeting of November 20, 2013 and regular meeting of February 11, 2014
24. From Geriatric Authority of Holyoke, minutes of regular meeting on March 24, 2014
25. From Geriatric Authority of Holyoke, minutes of special meetings from Mar. 3, Mar. 7, Mar. 12, Mar. 31, Apr. 11 & Apr. 16, 2014
26. From Thomas J. O’Connor Animal Control and Adoption Center, meeting of the supervisory board on January 15, 2014
27. Petition of Fara Bahrehmand/Yellow Cab Co. for 2 renewals taxi cab applications
28. Petition of Fara Bahrehmand/Yellow Cab Co. for 13 new applications for taxi cabs
29. Petition of First Baptist Church for a renewal of a second hand license at 1976 Northampton St.
30. Petition of Tai W. Kang (Emmanuel Jewelry) for a renewal of a second hand license at 311 High St.
31. Petition of David L. Greenberg, (Pawn Depot) renewal of a second hand license at 448 Appleton St.
32. Petition of Gloria Theriault (Phil’s Used Appliances) for renewal of second hand license at 147 High St.
33. Petition of David Greenberg, (Pawn Depot) renewal of a Pawnbroker at 448 Appleton St.
34. Petition of William F. Sullivan Co, Inc. for a renewal of a Junk Dealer’s License at 1 Jed Days Landing
35. Petition of William F. Sullivan & Co, Inc. for a renewal of a Junk Dealer’s license at 107 Appleton St.
36. Petition of Thomas Lucchessi, (Ivory Billiards) for renewal of 19 pool tables and 1 billiard table at 151 Chestnut St.
37. Petition of Kim A. Silva (Holyoke Turn verein) for a renewal of 2 pool tables and 6 bowling alleys located at 624 So. Bridge St.
REPORTS OF COMMITTEES
38. Ordinance Committee Reports (if any)
38A. The Committee on Ordinance to whom was referred an order that the City Council support an order to change the bus stop that is located at the corner of Maple and Cabot next to the Lawrence School to possibly in front of the Holyoke Public Library or a block away but not near the Lawrence School Recommend that the order be adopted as amended
38B. The Committee on Ordinance to whom was referred an application for a Special Permit for a Motor Vehicle repair garage for Gilberto Rivas (Gil’s Auto Repair) at 606 Main St. Recommend that the Special Permit be granted under the following conditions:
1. That the business operate with three bays, with three single lifts which may be used for repairs, and a total of fourteen (14) vehicles are allowed on the premises.
2. The applicant shall provide fourteen (14) parking spaces, with ten (10) spaces outside as shown on the plan submitted with the application, and four (4) inside. The applicant shall adhere to all other aspects of the plan, including but not limited to the installation of a fence.
3. The applicant shall obtain a license, a certificate of occupancy and any other required licenses or permits.
4. The special permit is non-transferable.
38C. The Committee on Ordinance to whom was referred a Special Act relative to Holyoke Police Officer David Zolendziewski be amended to the language of the special act Recommend that the order be adopted
38D. The Committee on Ordinance to whom was referred an order that in an effort to protect the Quabbin Reservoir from wildlife caused contamination, the City Council adopt an ordinance making it illegal to feed gulls in public places Recommend that the order be adopted
38E. The Committee on Ordinance to whom was referred an order that Sec. 22-133 of the Ordinances be amended to state that all license holders, regardless of whether they have a special permit, must display a placard with the number of vehicles permitted by the license board. Recommend that the order be adopted
38F. The Committee on Ordinance to whom was referred an order to consider making Bower St. a one side parking only to avoid blind spots for the students who are walkers, it has been a consistent problem. Recommend that the order be adopted as amended
38G. The Committee on Ordinance to whom was referred a STOP sign at the corner of Oak and Essex (heading toward Appleton St.) Recommend that the Council City Engineers recommendation
(Recommend additional traffic warning signs and not parking signs)
38H. The Committee on Ordinance to whom was referred an order that DPW install a cross walk in front of Blessed Sacrament Church across Northampton St. Recommend the Council adopt the recommendation of the City Engineer
(Recommend installing additional signalized crosswalk at the intersection of Westfield Rd. and Northampton St. on the north leg of the intersection
38I. The Committee on Ordinance to whom was referred an order that DPW, HPD and City Engineer assess the recurrent speeding and parking issues on Hillside Ave. from Woods Ave to Cherry St. and install speed limit signs and take any other appropriate action to address the speeding and parking problems on Hillside Ave. Recommend the Council adopt the recommendation of the City Engineer
(Recommend replacing and adding regulatory speed limit signs with the word STOP painted at stop bars on Hillside Ave.
38J. The Committee on Ordinance to whom was referred an order that handicapped signs that were removed on 187 High St. in front of the Western Mass Consortium be replaced as it was used for their disabled population and there have been complaints and concerns from staff who are disabled and their customers. Recommend that the order be given leave to withdraw
39. Finance Committee Reports (if any)
40. Public Safety Committee Reports (if any)
40A. The Committee on Public Safety to whom was referred an order that DPW install no trespassing signs in and around the dingle area between Holyoke High School and Peck School. There have been several complaints with regard to fights, drugs, fires, and dumping. Recommend that the order be adopted amending the word “No Trespassing” with “No Loitering No Dumping Police take notice”
40B. The Committee on Public Safety to whom was referred an order that DPW and Parks & Recreation consider repairs for the playground on Kelly School as it has come to my attention that it is not safe for the children using the park. Recommend that the order has been complied with
40C. The Committee on Public Safety to whom was referred That the Historical Commission come before the Council to discuss the status of “The Bud” Recommend that the order is complied with
40D. The Committee on Public Safety to whom ws referred an order that the Police Chief & Mayor appear before the City Council to discuss/explain the 10 day suspension related to Lt. John Hart for the second time in 2 years misplacing/losing a firearm in public in our city. Please be prepared to discuss the rationale behind this his first and then second suspension so the public can learn all of the facts and judge for themselves if such a penalty was warranted. We also need to understand to the extent to which the public is being jeopardized by the potentially negligent behavior by one of our officers. We also need to understand police department policies and decisions as it relates to mishandling of city owned firearms issued to the police. Be also prepared to discuss the potential for liability to the city that could have arisen from these incidents.
Recommend that the order has been complied with
40E. The Committee on Public Safety to whom was referred an order that the police department provide copies of all incident reports, investigative reports, emails, memorandums, disciplinary reports, decisions and other communications related to both missing firearms incidents (September 2011 & November 2013) regarding Lt. Hart so the City Council has the benefit of all the same information they have. Please provide this information to the City Council within 14 days of receipt of this request.
Recommend that the order has been complied with
41. Public Service Committee Reports (if any)
42. Development and Governmental Relations Committee Reports (if any)
43. Charter and Rules Committee Reports (if any)
43A. The Committee on Charter and Rules to whom was referred an order Rule 39 relative to President signing ordained ordinances be deleted Recommend that the order be adopted
43B. The Committee on Charter and Rules to whom was referred an order that Rule 18 be amended to add the words “or member of the general public” after the word “member” Recommend that the order be adopted
43C. The Committee on Charter and Rules to whom was referred an order Order: a new rule be created that Special Meetings of the City Council may be called by the President consistent with the Mayor’s Authority in Section 12 of the Charter as follows:
The President of the City Council may at any time call a special meeting of the City Council by causing written notifications thereof, together with a statement of the subjects to be considered thereat, to be deposited in the post office, postpaid and addressed to the persons to be notified, at least forty-eight hours before the time appointed for such meeting, or to be left at the usual place of residence of each member of the Council, at least twenty-four hours before the time appointed for such meeting.
Recommend order be amended to amend rule 42 inserting after the word “Mayor” the words “or president of the City Council”
RULE 42 currently states : The Mayor may at any time call a Special Meeting of the Council, by causing written notification thereof, together with a statement of the subjects to be considered thereat, to be delivered to the City Clerk and deposited in the Post Office, postpaid and addressed to each member of the Council, at least forty-eight (48) hours before the time set for the meeting (See 1965 Mass. Acts c. 187) Such notice shall likewise be posted in compliance with the open meeting law of the Commonwealth of Massachusetts.
43D. The Committee on Charter and Rules to whom was referred an order that Rule 64 be amended as follows: RULE 64: There will be a public comment agenda item at each regular council meeting. A time where citizens of Holyoke could may speak freely
about City Council related issues both on and off the meeting’s agenda. The overall amount of time allowed for this, how it is structured and limits on individual time for speaking can be discussed shall be controlled by the City Council President. Speakers are required to maintain proper decorum and speak in respectful terms. The City Council president would have has overall control of this aspect of the meeting.
Recommend that the order be adopted with the following amendments 1. that “This shall be” inserted in place of “A” in the sentence: A time where citizens of Holyoke could may speak freely about City Council related issues both on and off the meeting’s agenda. and 2. capital “P” replaces lowercase “p” in the final line of the order referring to the City Council President
43E. The Committee on Charter and Rules to whom was referred an order that the City Council create a new rule establishing deadlines for sub-committee agendas Recommend that the Council adopt new rule 44A stating: “All Council and Council Committee agendas shall be distributed to all Council members by 1:00PM on Friday of the week prior to the scheduled meeting or by Thursday at 1:00PM in the even that the Friday falls on a legal holiday.
43F. The Committee on Charter and Rules to whom was referred an order that the City Council establish a “property committee” or amend the duties of a current committee to work with the City on tax delinquent properties Recommend that the order has been complied with
43G. The Committee on Charter and Rules to whom was referred an order that the Mayor and City Council petition the General Court to enact legislation to amend the City Charter and reduce the number of at-large councilors from eight (8) to four (4). This change would not take effect until the date of the next regular city election following passage by the voters. Recommend the order be given leave to withdraw
MOTIONS, ORDERS AND RESOLUTIONS
44. ALEXANDER – Whereas: Zoning table 4.3 (Principal Uses) is a recap of the underlying zoning code and may on occasion disagree with that underlying code
Ordered: That the Ordinance Committee consider an explanatory amendment stating that in the event of a conflict, the underlying Ordinance shall apply.
45. ALEXANDER – Whereas: n/a
Ordered: That the Ordinance Committee consider various updates to Zoning sec 7.2.6 (Boarding Houses) and related information in Zoning sec 2.0 (Definitions) and sec 4.3 (Table of Principal Uses) to make them consistent and in agreement with state law.
46. BARTLEY – Direct the DPW to install temporary speed bumps on W. Glen St
47. BARTLEY – Direct the HPD to monitor compliance with speeds limits on W. Glen St
48. BARTLEY – The city review the cost effectiveness of leasing or purchasing motorcycles for use by the Police Dept. Since the city was unable to purchase the usual 7 new cruisers in FY14 and the prospects are not much better for FY15 it may be the right time to invest in less expensive, more fuel efficient, transportation for our officers. For example, these could be used to patrol Wards 5 and 7A and could be used by our Code Enforcement officer. Refer to Public Safety with copies to Purchasing and HPD and the Mayor.
49. CHATEAUNEUF – DPW and city engineer assess the sidewalks at 151 Chestnut Street and surrounding properties to determine a course of action to fix the damage.
50. GREANEY JR. – That the city transfer Lynch School back to the School
MCGEE Department in order for them to use the building for
51. JOURDAIN – the Planning & Economic Development do the proposed survey for the 18 acre parcel owned by the G&E on Whiting Farms Rd as promised previously at Ordinance Committee so the City Council has the most quality information possible for future use of the property.
52. LISI – Ordered, that two of the diagonal parking spaces on Maple Street across from the Transportation Center and located towards Dwight Street be designated as ZipCar parking.
53. MCGEE – that the amount of Eight Thousand & 00/100 Dollars ($8,000) be authorized from the Police Department’s FY2013 SSYI Grant (1011-52000) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end. (Police)
54. MCGEE – that the park and recreation department develop an RFP for the redevelopment of the Scott Towers area. A committee should be established and community involvement/ideas offered in the manner that was done for the community field project.
55. MCGEE – that the city/school department look into offering a robotics vocational program at Dean Tech and invite the Changchun railway vehicle company into the city in order to show how the city can partner with them on their railway project.
56. MCGEE – Whereas, Carlos Vega Park is a community-wide asset and the preservation and improvements to this facility is a priority as evidenced in the most recent Open Space and Recreation Plan; and,
Whereas, Carlos Vega Park is dedicated to park and recreation purposes under MGL Chap. 45, Sec. 14; and
Whereas, The Executive Office of Energy and Environmental Affairs (EOEEA) is offering reimbursable grants to cities and towns to support the preservation and restoration of urban parks through the Common backyards Grant Program; and
Whereas, The renovation of Carlos Vega Park will cost a total of $200,000 (two hundred thousand dollars) and the City has designated $200,000 in fiscal year 2014 Community Development Block grants to fund this project..
NOW, THEREFORE BE IT:
That the Mayor be and is hereby authorized to file and accept grants from the Executive Office of Energy and Environmental Affairs; and
The EOEEA is offering a reimbursable grant $200,000 for the renovation of Carlos Vega Park, and
That by accepting this grant, Carlos Vega Park shall remain open to the general public and used for appropriate outdoor recreation in perpetuity; and
That the Mayor be and is hereby authorized to take such other actions as are necessary to carry out the terms, purposes, and conditions of this grant to be administered by the Department of Public Works; and
That this resolution shall take effect upon passage.
57. MCGEE – that a handicap space be placed at 19 Yoerg Circle for Militza Rivera, placard No. P74348772, Exp: July 25, 2018
Posted on May 2, 2014 by Irma Lopez