Events

Holyoke City Council Meeting Text Size

Event takes place on at 7:00 PM
Holyoke City Hall: Council Chambers

AGENDA FOR THE CITY COUNCIL
August 6,2013

LAID ON THE TABLE

1.    Minutes from Previous City Council meeting on June 4, 2013

PUBLIC COMMENT

COMMUNICATIONS

2.    Minutes of previous City Council meeting of June 18, 2013

3.    From Administrative Assistant to City Council minutes of previous City Council meeting of June 4 and June 18, 2013

4.    From Mayor Alex B. Morse, letter reappointing Mr. Michael E. Murphy, 176 Lincoln St. to serve as a member of the Holyoke Economic Development and Industrial Corporation (HEDIC):  this seat on the Board of Directors represents Finance Sector.  This is a three-year term; said term will expire on June 30, 2016.

5.    From Mayor Alex B. Morse, letter reappointing Mr. Joseph McGiverin, 27 Downing Ave. to serve as a member of the Holyoke Economic Development and Industrial Corporation (HEDIC):  this seat on the Board of Directors represents Municipal Government.  This is a three- year term; said term will expire on June 30, 2016.

6.    From Mayor Alex B. Morse, letter appointing Ms. Mary L. Morris, 15 Oakwood Dr. to serve as a member of the Commission on Disabilities:  Ms. Morris will serve a three – year term; said term will expire on March 2016.

7.    From Mayor Alex B. Morse, letter appointing Ms. Stephanie Benton, 21 Bray Park Dr. to serve as a member of the Commission on Disabilities:  Ms. Benton will serve a three – year term; said term will expire on March 2016.

8.    From Mayor Alex B. Morse, letter appointing Anthony Brooks, 97 High St. Apt 7, to serve as a member of the Commission on Disabilities:  Mr. Brooks will serve a three – year term; said term will expire on March 2016.

9.    From Mayor Alex B. Morse, letter reappointing Mr. Christian LaChapelle, 86 Brookline Ave. to serve as a commissioner of the Planning Board:  Mr. LaChapelle will serve a five year term; said term will expire on July 1, 2018.

10.    From Mayor Alex B. Morse, letter reappointing commissioners to the Council on Aging, to serve a one year term; said term will expire on August 28, 2014

11.    From Jon D. Lumbra, City Treasurer, property awarded to the City via Land Court Decree located at 163 Sargeant St. (old armory).

12.    From Jon D. Lumbra, City Treasurer, re:  property awarded to the City via Land Court Decree located at 115-119 Cabot St.

13.    From Jon D. Lumbra, City Treasurer, re:  property awarded to the City via Land Court Decree located at 137 Main St.

14.    From Jon D. Lumbra, City Treasurer, re:  property awarded to the City via Land Court Decree located at 400 High St.

15.    From Jon D. Lumbra, City Treasurer, re:  property awarded to the City via Land Court Decree located at 572 South East St.

16.    From Jon D. Lumbra, City Treasurer, re:  property awarded to the City via Land Court Decree located at Grand View Ave.

17.    From Jon D. Lumbra, City Treasurer, re:  property awarded to the City via Land Court Decree, located at 107 Clemente St.

18.    From City Treasurer, Jon D. Lumbra, letter re:  Annual report Pursuant to 801 CMR 57.07 (2)

19.    From Brian G. Smith, City Auditor, Monthly Budget Reports for General Fund and Waste Water Treatment Plant appropriations budget reports as of June 30, 2013

20.    From Brian G. Smith, City Auditor, Special funds revenue & expense statements from July 1, 2012 – June 30, 2013

21.    From Damian Cote, Building Commissioner, letter regarding list of building permits issued to City Council on a monthly basis, and how to obtain the listing via the City Website.

22.    Letter from David L. Dupont Superintendent of Holyoke Public Schools, extending great appreciation to the City Council for its proclamation issued on his behalf.

23.    From Cheryl A. Dugre, Executive Director, Holyoke Retirement Board, letter re:  vote on acceptance of a FY 2014 Cost of Living Adjustment (COLA) as allowed by MGL c.32, 103(c).

24.    From David M. Conti, Manager Holyoke Water Works, letter re:  Holyoke Water Works LT2 Rule Requirements

25.    From Dean Science Lab & McMahon Elementary School minutes from June 12, and July 10, 2013

26.    From Holyoke Economic Development and Industrial Corporation, minutes from April 11, 2013

27.    From License Board commission, minutes of May 1 and June 5, 2013

28.    From Board of Fire Commissioners, minutes of May 10, 2013

29.    From Holyoke Redevelopment Authority, minutes from May 15, 2013

PRESIDENT’S REPORT

PETITIONS

30.    Petition of Elizabeth Zellmer, for a new special permit for a home occupation at 601 Northampton St. to give piano lessons

31.    Petition of Zaburov Bobur, for a new Junk Dealers License at 50 Holyoke St. (Holyoke Mall)

32.    Petition of Lorenzo Cox, for a renewal of a second hand license located at 146 High St.

REPORTS OF COMMITTEES

33.    Ordinance Committee Reports (if any)

33A.    The Committee on Ordinance to whom was referred an order that the City Council review the rate for the sewer fun for the upcoming 2013 budget and make any necessary adjustments Recommend that the order be adopted changing the rate per 1,000 gallons of water metered from $5.40 to $6.00 per 1,000 gallons of water metered

33B.    The Committee on Ordinance to whom was referred an order that the City of Holyoke explore the possibility of raising fees currently at $10.00 to $20.00 per release for police tows.  Recommend that the order be adopted to change the fee from $10 to $20 per release for Police tows.

33C.    The Committee on Ordinance to whom was referred an Application for a Special Permit for a Wireless Communication Facility by MetroPCS MA LLC at 1 Country Club Rd. Holyoke MA  Recommend that the Council  grant the special permit to Metro PCS with all the
conditions that were on the special permit already issued to Pocket Wireless
for the same facility, but with the condition that in the event of a corporate reorganization by
MetroPCS and T-Mobile that transfers this facility to T-Mobile, the transfer
shall be allowed under this permit without requiring a new permit
application.  Any material modifications to the facility by either Metro PCS
or T-Mobile will still require a new permit application.

33D.    The Committee on Ordinance to whom was referred an order that the Ordinance Committee start the process of updating all positions within the Holyoke Public Library (Draft Ordinances for all positions) Recommend that the order has been complied with

33E.    The Committee on Ordinance to whom was referred an order Section 6.4.3 Special regulations be amended to allow for a waiver and for a better definition of Electronic Signs. 6. Electronic Signs: No sign or advertising device shall, in any district, incorporate or be lighted by, flashing, scrolling or blinking lights, or be designed to attract attention by change in light intensity or direction, or by repeated mechanical or electrical motion. Fixed banners or electronic signs using changeable lights to convey the time, temperature, shall be exempt  from this prohibition. Recommend that the order be given leave to withdraw

34.    Finance Committee Reports (if any)

35.    Public Safety Committee Reports (if any)

35A.    The Committee on Public Safety to whom was referred an order that a representative from the fire Dept. come before the City Council and provide the number of all call boxes throughout the city, and the number of calls that were made to the department from the call boxes from January 2012 to present  Recommend that the order has been complied with

35B.    The Committee on Public Safety to whom was referred an Order that companies providing towing services for the City of Holyoke come before the City Council to discuss service they provide for the City   Recommend that the order has been complied with

35C.    The Committee on Public Safety to whom was referred an order that the City Council through the DPW consider having speed bumps placed on East Dwight St. Also look into having signs that say slow down children crossing and or at play.  Recommend that the order has been complied with

36.    Public Service Committee Reports (if any)

36A.    The Committee on Public Service to whom was referred Mayoral Appointee Nicole McCluskey to serve as a member of the Commission on Disabilities for the City of Holyoke Recommend that the appointee be confirmed

37.    Redevelopment Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

38.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Urban Forestry Plan” 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.

39.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, Four Hundred Forty Seven & 57/100 Dollars ($447.57) as follows: (personnel)

FROM:
11522-54200    Office & Professional Supplies        $300.00
11522-53430    Advertising        100.00
11522-53420    Postage        47.57
        TOTAL:    $447.57
TO:
11522-57100    In-state Travel        $447.57
        TOTAL:    $447.57

40.    MCGEE_T    –    that there be and is hereby appropriated by transfer in the fiscal year 2014, One Hundred Fifty Two & 43/100 Dollars ($152.43) as follows:(Personnel)

FROM:
11522-53420    Postage        $152.43
        TOTAL:    $152.43
TO:
11522-57100    In-state Travel        $152.43
        TOTAL:    $152.43

41.    MCGEE_T    –    that the amount of One Hundred Fifty Two & 43/100 Dollars ($152.43) be authorized from the Personnel Department’s In-state Travel (11522-57100) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end. (Personnel)

42.    MCGEE_T    –    that the amount of One Hundred Ninety Five & 00/100 Dollars ($195.00) be authorized from the Police Department’s Other Contracted Professional Services (12102-53009) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end. (Police)

43.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “John Murphy Youth Baseball Sponsorship” 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 Seventy Nine & 00/100 Dollars ($79.00) be authorized from the Police Department’s Education & Training (12102-53190) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end. (Police)

45.    MCGEE_T    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Target K-9 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.

46.    MCGEE_T    –    that the DPW – forestry dept remove the tree in front of 388 pleasant street ASAP.  The tree has become a safety hazard as it is hanging over the intersection and blocking traffic lights.

47.    MCGEE_T    –    that the tax collector’s office issue notices in the tax bills when there is a shift in tax rates. Several taxpayers who are on fixed incomes have requested some type of notice in order to plan accordingly and thus avoid short falls in tax payments for later quarters.

48.    SOTO    –    the Dpw install a temporary speed hump on Berkshire street

49.    SOTO    –    the Holyoke Water Commissioners come before the city
    LEBRON-MARTINEZ        council, to discuss the plan’s   for adequate water
            supply on  Newton St . Between Cabot and Essex St.
   

50.    SOTO    –    That a handicap sign be established at 320 Elm St. for Juan Velazquez, Placard #P98915582, Expires:  07/11/2014

51.    VACON    –    the city council take steps to accept chapter 40M to create a new water/sewer authority or implement a structure/system within the city that allows for combined billing of water and sewer with the capability of shutting off water for failure to pay sewer (ie Chicopee system).

52.    VEGA    –    Holyoke City Council place a binding question on the
    ALEXANDER        November 5th ballot that reads “The Holyoke Charter
    BRESNAHAN        shall be amended to reduce the number of at-large
    SOTO        councilors to 4.” This change would not take effect
    TALLMAN        until the 2015 municipal election.

53.    VEGA    –    Holyoke City Council place a binding question on the
    ALEXANDER        November 5th ballot that reads “The Holyoke Charter
    SOTO        shall be amended to increase the term on the Mayor
    TALLMAN        to 4 years.” This change would not take effect until
            the 2015 municipal election

54.    VEGA    –    In order to improve the operations of Holyoke government
    SOTO        in the 21st century, the charter and ordinance amendments
            included in the Holyoke Charter Improvement Act of
            2013 are enacted (See attached)

55.    VEGA    –    Creative Economy Director appear before the Redevelopment Sub-Committee to provide a 1 year update

56.    ALEXANDER    –    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.

57.    ALEXANDER    –    Whereas: Zoning Ordinance table 5.2 “Dimensional Controls” is unclear as to the meaning of “coverage” and has caused repeated confusion among developers and seekers of building permits

58.    ALEXANDER    –    the City Assessor join the Ordinance Committee to review and possibly modify that methodology

59.    ALEXANDER    –    The current methodology for calculating the value of a Taking via eminent domain has proved controversial

60.    ALEXANDER    –    the DPW provide recycling containers at all municipal buildings and offices, create a recyclable consolidation plan within each building, and establish a pickup schedule

61.    ALEXANDER    –    Trash pickup and disposal is a cost to the City and sale of recyclables is a source of revenue

62.    BARTLEY    –    The city ordinances be changed to allow for overnight parking in front of 566 South St.

63.    BARTLEY    –    the Police Dept. enforce the “do not block the box” ordinance at the intersection of Northampton St. with both Clark St. and Gilman St. and report back to the City Council Public Safety Committee on this.

64.    BARTLEY    –    City Engineer review whether the “no turn on red sign” at the lights at Hitchcock and Northampton Sts. be limited to certain hours of the day (i.e. regular business hours).

65.    BRESNAHAN    –    city of Holyoke adopt MGL  chapter 40N in order to
    VEGA        that the municipality establish or continue to maintain
            an economical and efficient water system and sewer
            works system; that accurate, appropriate, and self-sustaining
            fees, rates and charges for water and sewer service
            within the municipality be established and all consumers,
            public and private, taxpayer and tax exempt, pay their
            fair share of the costs of such services; that the
            water and sewer systems of the municipality to be
            operated in a modern, efficient and financially self-sustaining
            manner to further their sound financial, environmental
            and physical condition; that conservation of water
            sources be encouraged; that water supplies be protected
            and improved; and that the municipality be provided
            a means to improve its water and sewer systems and
            insure the continued availability of water and sewer
            services at sufficient rates; all to the public benefit
            and good, and to the extent and in the manner provided
            herein.

66.    JOURDAIN    –    Suspend Rule 1 of the Rules and Orders of the City Council in so far as it pertains to the regularly scheduled meeting of September 17, 2013, as it is the date of the Preliminary Election and reschedule this meeting.

67.    JOURDAIN    –    That the Preliminary Election in the City of Holyoke for the choice of City Officers be and the same is hereby called to be held on Tuesday, September 17, 2013 in the several polling places as designated by the City Council.  The polls will be opened at 7:00 a.m. in the forenoon and closed at 8:00 p.m. in the afternoon of said day, and all the voters in the several precincts in which they are entitled to vote, between said hours, may cast their votes by voting machines and paper ballots for the election of:
     Que las Elecciones Preliminaria en la Cuidad de Holyoke, para el escojer de oficiales de la cuidad, sera llevado a cabo el Martes, 17, de Septiembre  2013 en los varios barrios, designados por la Asambleista Municipal.  Los precintos estaran abiertos a las 7:00 a.m. de la manana y permaneceran abierto hasta las 8:00 p.m., cuando los precintos sean designado para votar en las horas dicha y hagan dado sus votos por medio de las maquinas de eleccion o por boletos de papel, para la eleccion de:

MAYOR, to serve for the term of two years, from the first Monday in January following his election, and until his successor is qualified.
ALCALDE, para servir por un termino de dos anos, desde el primer Lunes de Enero, despues de las elecciones, O’hasta que su sucesor sea qualificado.

ONE MEMBER OF THE SCHOOL COMMITTEE AT-LARGE to serve for the term of four years, from the first Monday in January following his/her election, and until his/her successor is qualified.
UN MIEMBRO DE EL COMITE DE ESCUELA EN-GENERAL, para servir por un termino de cuatro anos, desde el primer lunes en Enero, despues de las elecciones, O’hasta que su sucesor sea qualificado.

EIGHT COUNCILORS AT LARGE, to serve for the term of two years, from the first Monday in January following their election, and until their successors are qualified.
OCHO, ASAMBLEISTAS EN-GENERAL, para servir un termino de dos anos, desde el primer lunes de Enero, despues de las elecciones, O’hasta que su sucesor sea qualificado.

ONE COUNCILOR FROM EACH WARD, by and from the voters of each ward, to serve for the term of two years, from the first Monday in January following their election, and until their successors are qualified.
UN ASAMBLEISTA DE CADA BARRIO, por los votantes de cada barrio, para servir por el termino de dos anos, desde el primer lunes de Enero despues de las elecciones, O’hasta que su sucesor sea qualificado.

ONE MEMBER OF THE SCHOOL COMMITTEE FOR EACH WARD, by and from the voters of each ward, to serve for the term of two years, from the first Monday in January following their election, and until their successors are qualified.
UN MIEMBRO DE EL COMITE DE ESCUELA DE CADA BARRIO, por los votantes de cada barrio, para servir un termino de dos anos, desde el primer lunes de Enero, despues de las elecciones, O’hasta que su sucesor sea qualificado.

68.    JOURDAIN    –   
    That the Polling Places for each of the voting precincts in the City of Holyoke for the Preliminary Election to be held Tuesday, September 17, 2013, be and the same are hereby designated as follows:

    ORDENA, que los lugares para cada recinto en la Ciudad de Holyoke para la Eleccion  Preliminar que se llevaran a cabo el Martes, 17 de Septiembre 2013, sea y al igual, por este medio designado lo siguente:

WARD ONE   BARRIO UNO
                        PRECINCT A – Rosary Towers Recreation Room 21 Bowers St..
                        RECINTO A—Rosary Towers Recreation Room  21 de la Calle Bowers

                        PRECINCT B—Prospect Heights Community Room, 41 Chestnut St.
                        RECINTO B—Prospect Heights, 41 de la Calle Chestnut

WARD TWO   BARRIO DOS
        PRECINCT A—Morgan School Gym, South Bridge St. Entrance only
        RECINTO A—Gimnasio de la Escuela Morgan, en la Calle So. Bridge solamente

        PRECINCT B – Falcetti Towers, 475 Maple St.
        RECINTO B – Falcetti Towers, 475 de la Calle Maple

WARD THREE   BARRIO TRES
        PRECINCT A – Elmwood Engine House, South St.
        RECINTO A – Elmwood Engine House, en la Calle South

        PRECINCT B – Metcalf  School Gym, 2019 Northampton St.
        RECINTO B –Gimnasio de la Escuela Metcalf, 2019 de la Calle Northampton

WARD FOUR   BARRIOS CUATRO
        PRECINCT A& B – St. Paul’s Church Parish Center, Appleton St.
        RECINTO A&B – St. Paul’s Church Parish Center, en la Calle Appleton

WARD FIVE   BARRIOS CINCO
        PRECINCT A – Lt. Elmer J. McMahon School Gym, Kane Rd.
        RECINTO A—Gimnasio de la Escuela McMahon, en la Calle Kane

        PRECINCT B – Maurice A. Donahue School Gym, Whiting Farms Rd.
        RECINTO B—Gimnasio de la Escuela Donahue, en la Calle Whiting Farms   
 
WARD SIX   BARRIO SEIS
        PRECINCT A&B – Sullivan School 400 Jarvis Ave.
        RECINTO A&B – Escuala Sullivan, 400 de la Calle Jarvis

                WARD SEVEN   BARRIO SIETE
        PRECINCT A&B – E. N. White School Gym, 1 Jefferson St.
        PRECINTO A&B– Gimnasio de la Escuela E. N. White, 1 de la Calle Jefferson

69.    JOURDAIN    –    In light of the City Solicitor’s recent opinions and focus on Section 45 of the Charter, which requires all officers of the city to have been a resident of the city for a period of 2 years; pursuant to Section 39 of the Charter, please provide the City Council with an opinion relative to 2 City Officers for 2 Chartered positions under Section 34 as follows:
 
1)      Is James Neiswanger qualified/eligible to be Chief of Police when clearly he had never been a resident of the city prior to having been appointed Chief?  Please note that the City of Holyoke created this position as a Charter position as Marshal and then titled changed it to Chief of Police.
2)      Is William Fuqua qualified/eligible to be Superintendent of Public Works when clearly he has never been a resident of the city.  Additionally, he also appears to fail to meet Section 46 because he continues to not reside here, is this your opinion as well?  Is his position automatically vacant per the Charter?
3)      If the City Solicitor determines these 2 individuals not qualified, then please provide the City Council with the specific steps she is prepared to take to immediately remedy the situation and enforce the Charter?  Only the Superintendent of Schools is provided an exception to Section 45 & 46.  Chief of Police and Superintendent of Public Works are not provided with exceptions.

70.    JOURDAIN    –    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.

71.    JOURDAIN    –    the City Council take the necessary steps to formally merge the city’s Water & Sewer Operations.  That the Law Department, DPW and Water Works advise us accordingly on establishing the new framework.  We also request that the Mayor advise us and support the final product.  One framework could be the model established under MGL 40N by accepting its provisions.

72.    JOURDAIN    –    that City Solicitor please render a legal opinion as to the meaning of “local appointing authority” as it would relate to Holyoke under MGL Ch 40N, §4.  It would appear that since under our charter, the City Council appoints the current water commission that the City Council would continue to appoint a newly constituted Water and Sewer Commission; however, MGL Ch. 40N, §3 speaks to perhaps a mayoral appointment with only confirmation by the City Council.   It should be noted respective to §3, that Holyoke did not exactly adopt any of the model plan forms of government although we are closest to a Plan B.   Can you please provide us your opinion on this “local appointing authority” issue?  Thank you in advance.

73.    JOURDAIN    –    that the City Council consider, and if appropriate, approve the lease between GAH and Gandara for the proposed lease of their B building space.  That the Geriatric Authority Administrator and Commission appear before the City Council to discuss their proposal with the City Council and explain to us why we should approve it.

74.    LEAHY    –    that the police chief, Gas and Electric superintendent, parks and rec director and any other departments that are pertinent in regards to making the “high rock” section of the Connecticut River safer.

75.    LEAHY    –    that the DPW fixes the Jones Point basketball court. The court itself is cracked and can cause a player to trip and the nets are missing.

76.    LEBRON-MARTINEZ    –    the City Council invite the Holyoke Water Works and Commissioners if necessary to discuss and for clarification to understand the necessary actions that needs to be taken to resolve this problems tenants/homeowners located at 73 – 121 Newton St. are facing with water line being shut off due living in the road houses are connected to one pipe system. If one person may be delinquent in their water bill they all get shut off. We need this to come before us sooner than later as these rent to own and rental tenants have families specially childrens and elders.

77.    LEBRON-MARTINEZ    –    City Council and other stake holders who may have the authority to support development with the city to consider the blocks surrounding the Holyoke Public library as residents are fed up and are concern with the out look of their surroundings of blighted, boarded up buildings, such as the:

Burn house on 188 Chestnut St,
Building 117 Essex (boarded up)
70 Essex St.
The building once own by Providence corner of Essex and Elm Street
The Quick & Clean (previously Jim Dandy) corner of Chestnut and Appleton.

Residents who are home owners feel this area is attracting illegal activities and distress to the neighborhood and it has been neglected for many years and will like something to be done about  it in this area.

78.    LISI    –    City Council will likely need to raise the sewer rate in order to fund sewer and storm water operations in the city without passing on additional costs to the city’s taxpayers

79.    LISI    –    the City Council engage the DPW, Water Department, Legal Department, and any other relevant departments and commissions in a in depth exploration of combine water/sewer shut off in order to increase the city’s (default) sewer revenue collections.  This exploration should include, but not be limited to a discussion of §40N which would create a new combined Water/Sewer Department as well as other, more intra-departmental cooperative efforts, such as combined billing via autonomous departments

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 August 2, 2013 by