Holyoke City Council Meeting Text Size
Event takes place on February 02, 2016 at 7:00 PM
Holyoke City Council Chambers, 536 Dwight St. Holyoke, mA 01040
AGENDA FOR THE CITY COUNCIL
LAID ON THE TABLE
1. Petition of Verizon New England , Inc. to place one pole on the northerly side of Harvard St. at a point approximately one hundred seventy-three (173) feet Easterly from the center line of Pleasant St.
2. From Mayor Alex B. Morse, letter appointing Katherine M. Jackowski, as Temporary Tax Collector as of January 29, 2016.
3. From Mayor Alex B. Morse, letter appointing Ms. Intiya Isaza-Figueroa, 4 River Terr. Apt 2, to serve as a Commissioner of the Planning Board for the City of Holyoke: Ms. Isaza-Figueroa will serve a three-year term; said term will expire on June 30, 2018.
4. From Mayor Alex B. Morse, letter re-appointing Jeffrey Horan, 100 Southampton Rd. to serve as a member of the Conservation Commission for the City of Holyoke; Mr. Horan will serve a three-year term; said term will expire February 1, 2019.
5. From Brenna Murphy McGee, City Clerk and Admin. Ass’t. to City Council minutes from January 19, 2016.
6. From Kevin A. Jourdain, President for the City Council, letter of commendation on departure of Tax Collector David Guzman.
7. From Alicia M. Zoeller, Administrator Office of Community Development letter re: FY2016 Community Development Block Grant Applications
8. From Parks & Recreation Commission minutes from December 14, 2015.
9. From Board of Public Works, minutes of December 14, 2015.
10. From Sewer Commission, minutes from December 14, 2015.
11. From Stormwater Authority, minutes from December 14, 2015.
REPORTS OF COMMITTEES
12. Ordinance Committee Reports (if any)
12A. The Committee on Ordinance to whom was referred an order Order: that whenever a State or Federal statute or regulation calls for local approval of any law for applicability in the City of Holyoke that local approval shall only be granted by the City Council Recommend that the order be adopted
12B. The Committee on Ordinance to whom was referred an order Ordered that an ordinance be created which states that licenses in land or other real property of the City may not be issued until two-thirds of the City Council has approved Recommend that the order be adopted
12C. The Committee on Ordinance to whom was referred Ordered that the relevant sections of Chapter 86 of the Code of Ordinances be amended to allow the Holyoke Housing Authority to issue permits for parking on Leary Dr. and to authorize the Holyoke Housing Authority to tow vehicles parked without permits. Further, that the listing of spaces on Leary Dr. be reviewed and amended as necessary to update the location of the permit parking spaces and visitor spaces Recommend that the order be adopted
12D. The Committee on Ordinance to whom was referred an ordinance be created establishing ” No Parking” on the odd side of Beacon Avenue from the corner of Canby Street & Beacon Ave. and the driveway to 27-29 Canby St. Neighbors across the street are unable to get in and out of their driveway with cars parked in these spots. The house at 27-29 Canby St. has 4 parking spaces in driveway. The house at 27-29 Canby St. is currently being used as a group home by Gandara. Recommend the order be adopted
12E. The Committee on Ordinance to whom was referred an order that the City Council consider deleting the “no left turn” ordinance on Whiting Farms Rd. at K-Mart Plaza. Further, the City Council consider ordaining a “left turn only” lane into K’Mart Plaza from Whiting Farms Rd. Recommend that the order be adopted
12F. The Committee on Ordinance to whom was referred an order Order: that the registration fees for vacant buildings be reviewed to determine if an increase is warranted based on the numerous vacant properties throughout the City and the issues with noncompliance regarding Sec. 18-35 Regulation of blighted and vacant buildings recommend that the order has been complied with
12G. The Committee on Ordinance to whom was referred an order : Ordered that Donlee St. to be posted residential parking Recommend that the order has been complied with
12H. The Committee on Ordinance to whom was referred an order Alexander 3/4/14: Ordered: That the City Council adopt an Ordinance requiring owners of stores utilizing Shopping Carts to retrieve carts abandoned off-premises within a reasonable timeframe, and establishing a fine and enforcement mechanism for failure to comply Recommend that the order be given leave to withdraw
12I. The Committee on Ordinance to whom was referred an order Ordered: That Ordinance Sec 10 either add a definitions section, or update the term of use “Shooting Gallery,” or drop all references to said term if appropriate, and further update the fee for a license for said activity from the current amount of $2.00 Recommend that the order be given leave to withdraw
12J. The Committee on Ordinance to whom was referred an order Ordered: That section 90-90 “Sewer use Charge” be amended to replace the fixed minimum quarterly rate (currently $5.00) with a minimum quarterly rate equivalent to the 2,000 gallon rate (currently $10.80) Recommend that the order be given leave to withdraw
12K. The Committee on Ordinance to whom was referred an order Ordered: That Ordinance Sec 14-1 be altered to change the Licensing Authority for Commercial Animal Establishments from the City Clerk’s office to the License Commission, and further that Sec 14-2 be amended to remove reference to specific fees. Recommend leave to withdraw
12L. The Committee on Ordinance to whom was referred an order Ordered: That Sec 98-256 be reviewed for relevance and that either (a) the Board members be appointed in accordance with the Ordinance and meet to provide advice to the City on ambulance services, or (b) the Board structure be revised as appropriate and necessary Recommend leave to withdraw
12M. The Committee on Ordinance to whom was referred an order Ordered: That the Council create a position of Inspector of Licenses with appropriate duties and powers to ensure compliance with the conditions attached to any License or Permit granted or monitored by the Commission Recommend that the order be given leave to withdraw
12N. The Committee on Ordinance to whom was referred an order That Chapter 30 be reviewed for utility and effectiveness, and that said Commission either be constituted by the appropriate appointments or that Chapter 30 be stricken in its entirety from the Municipal Code Recommend leave to withdraw
12O. The Committee on Ordinance to whom was referred an order That section Ordinance Appendix A (Zoning) Section 4 .8.2 (Home Occupation by Special Permit) be amended to replace the City Council by the Planning Board as the Permit Issuing Authority Recommend leave to withdraw
12P. The Committee on Ordinance to whom was referred an order That 70-31 through 70-33 be moved to Chapter 2, Article IV (Boards, Commissions & Councils), and that Chapter 70 then be stricken Recommend leave to withdraw
12Q. The Committee on Ordinance to whom was referred an order Ordered: That Chapter 14 be reviewed in its entirety, dividing it into separate sections for commercial and individual keepers, that redundant materials be removed and the language streamlined to accomplish the intent of the various sections of the Chapter Recommend leave to withdraw
12R. The Committee on Ordinance to whom was referred an order That Chapter 22 Article III (Fortune Tellers) be amended to replace permit issuance by the Police Department with issuance by the License Commission, that section 22-103 (Fee) be amended to remove reference to a specific amount and the setting of such fee Recommend leave to withdraw
12S. The Committee on Ordinance to whom was referred an order That each of the twenty sections of Chapter 54 be reviewed and moved to a more appropriate location within the Code, and that Chapter 54 then be stricken. Recommend leave to withdraw
12T. The Committee on Ordinance to whom was referred an order Ordered: That Ordinance Sec 10-51 (Billiard etc. licenses) be changed to require a license issued by the License Commission rather than the City Council Recommend leave to withdraw
12U. The Committee on Ordinance to whom was referred an order Ordered: That the Director of the Department of Municipal Parking, working with the advice of the Parking Advisory Board, be granted the authority to set regular and special rates for all city parking facilities, including both on-street and off-street parking Recommend leave to withdraw
12V. The Committee on Ordinance to whom was referred an order 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 Recommend leave to withdraw
12W. The Committee on Ordinance to whom was referred an order Ordered: That these three Chapters ( Wetlands, Vegetation, Protection) be combined into a single section consolidating environment related Municipal Code into a single Chapter Recommend leave to withdraw
12X. The Committee on Ordinance to whom was referred an order Order: That the City Council consider adopting an ordinance that prohibits mobile vendors from selling toy guns Recommend leave to withdraw
12Y. The Committee on Ordinance to whom was referred an order Order: The ordinances pertaining to dog license fees ($5), other animal fees, if any, and the penalty for late payment ($25) shall be reviewed and changed, if necessary. Also, to the extent possible, the city should coordinate with the District Court. Recommend leave to withdraw
12Z. The Committee on Ordinance to whom was referred an order That Chapter 22 Sec 22-71 (Auction Licenses) be amended to replace issuance by the City Council with issuance by the License Commission, and that section 22-73 (Fee) be amended to remove reference to a specific amount and the setting of such fee Recommend leave to withdraw
12[. The Committee on Ordinance to whom was referred an order That the City of Holyoke amend Chapter 30 of its Code of Ordinances to provide for the public procurement of outside legal counsel recommend leave to withdraw
12\. The Committee on Ordinance to whom was referred an order : Ordered: That Chapter 62 be reviewed for (a) streamlining, (b) inclusion as one or more Divisions of Chapter 22 (Businesses), (c) to revise section 62-32 (Peddler’s License- Registration Required)’s requirement of a Police-issued Permit with a License Commission permit Recommend leave to withdraw
12]. The Committee on Ordinance to whom was referred an order: That the City of Holyoke amends Chapter 30 of its Code of Ordinances to provide for the public procurement of banking service. Recommend leave to withdraw
13. Finance Committee Reports (if any)
13A. The Committee on Finance to whom was referred Communication from the Mayor appointing 2 broker of records Recommend that the City Council confirm the appointments of Dowd and Ross Insurance as the City’s broker of records
13B. The Committee on Finance to whom was referred Financial Transfer of $5,000 FROM Free Cash to: Advertising Recommend that the order be approved
14. Public Safety Committee Reports (if any)
15. Public Service Committee Reports (if any)
16. Development and Governmental Relations Committee Reports (if any)
16A. The Committee on Development and Governmental Relations to whom was referred Order: that the City Council, in accordance with M.G.L. c. 30B and the Holyoke Procurement Ordinance, consider an offer from Stephen Bosco to purchase a parcel of land located at 416-418 Appleton Street for $4,600. Said property is described in the Holyoke Assessor’s Records as Map 061, Block 02, Parcel 014, consisting of approximately 2,526 square feet of vacant land, more or less, and is more particularly described in a deed recorded in Hampden County Registry of Deeds Book 17393, Page 73. The property is zoned as DR (Downtown Residential District) and has an assessed value of $4,600. Letter from Mayor Alex Morse and additional information has been submitted to the Council. Letter from Mr. Bosco proposing to use this lot for parking awaiting disposition
16B. The Committee on Development and Governmental Relations to whom was referred an order Ordered, that the Mayor and City Council petition the General Court to enact legislation to allow the issuance of an additional off-premises alcohol license to Sanjay Patel at his retail establishment known as Twin Stop on 635 Homestead Avenue. It is requested that our legal department provide the language for this petition with suggested options in legal form. And for the Law Department to provide the City Council a legal opinion on this topic including the rules of procedure that City Council must follow. awaiting disposition
16C. The Committee on Development and Governmental Relations to whom was referred an order Order: That the Honorable State Senator Don Humason give the council a status update on the much needed work at the bridge covering the canal located on Lyman street just before the Wherehouse and Open Square. awaiting disposition
16D. The Committee on Development and Governmental Relations to whom was referred an order that the City Invite Hon. Don Humason and Hon. Aaron Vega to an upcoming meeting of the DGR Committee. This order will help CC comply with its Rule 32A. Awaiting disposition
16E. The Committee on Development and Governmental Relations to whom was referred an order The City Council approve the Resolution approving the Certified Project and Special Tax Assessment (STA) Agreement for Aegis Energy Services, Inc. for its expansion at 55 Jackson St. and 84 Sargeant St. awaiting disposition
16F. The Committee on Development and Governmental Relations to whom was referred Petition of CCATT Site Manager for a special permit for modification of an existing wireless telecommunications facility on Scott Tower Road (Parcel ID: 145-00-093). awaiting disposition
16G. The Committee on Development and Governmental Relations to whom was referred Special Permit application of Brian Stebbins for office space in the Professional Office Overlay District at 1707 Northampton St. Current owner: Luanne Neves awaiting disposition
17. Charter and Rules Committee Reports (if any)
MOTIONS, ORDERS AND RESOLUTIONS
18. JOURDAIN – That the Presidential Primaries in the City of Holyoke for the expression of Presidential Preference, or of No Preference, of Political Parties, or for the Election
of Candidates of political Parties for offices herein stated, be and they are hereby called to be held on Tuesday, March 1, 2016, in the several places as designated by the City Council.
The polls will be opened at 7:00 AM and remain open continuously thereafter until 8:00PM., when the polls will be closed, and all voters of the political parties will in the several polling places in which they are entitled to vote, between said hours, give in their votes by Accu-Vote for the election of candidates of political parties for the following offices:
Members of the State Committee, one man and one woman for each of the Political Parties for the Hampden-Hampshire Senatorial District.
Not more than 35 members of the Democratic Ward Committee, from each of the Seven wards.
Not more than 35 members of the Republican Ward Committee, from each of the Seven wards.
ORDERED FURTHER, that the City Clerk cause notice of said primaries to be printed in one or more newspapers published in this city and also to be conspicuously posted in the Office of the City Clerk.
ORDENA, que las primarias presidencial en la ciudad de Holyoke por la Expression de preferencia presidencial, o de ninguna preferencia de partido politico, o para la eleccion de candidatos de partidos politicos para oficinas en esto declarado. Ser y por este medio sera llamada a llevar a cabo el Martes, 1 de Marzo 2016, en los varios lugares designado por los Asambleistas municipal.
Las urnas estaran abiertas a las 7:00A.M. y permaneceran abiertas continuamente de alli en adelante hasta las 8:00P.M. Cuando las urnas sean cerradas y todos los votantes de los partidos politicos, vayan a los varios lugares de votacion en el cual tienen derecho a votar, entre dichas horas, den sus votos, votando en Accu-Vote para la eleccion de candidatos para los partidos politicos las siguentes oficinas:
Miembros del comite del estado, un hombre y una mujer para cada uno de los partidos politicos para el Hampden-Hampshire Distrito Senatorial.
No mas de 35 miembros del comite barrio Democratico, de cada uno de los siete barrios.
No mas de 35 miembros del comite barrio Republicano, de cada uno de los Siete barrios.
ORDENO, mas adelante, que el escribiente municipal causa aviso de dicha primarias que sea emprentado en uno o mas periodicos publicado en esta ciudad y tambien sea conspicuo anunciado en las oficina del escribiente municipal.
19. JOURDAIN – That the Polling Places for each of the voting precincts in the City of Holyoke for the Presidential Primary to be held Tuesday, March 1, 2016, be and the same are hereby designated as follows:
ORDENA, que los lugares para cada recinto en la Ciudad de Holyoke para la Primarias Presidencial que se lleveran a cabo el Martes, 1 de Marzo 2016, 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 – Escuela 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
20. 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 March 1, 2016, as it is the date of the Presidential Primary and reschedule this meeting.
21. JOURDAIN – That the city ordinances related to motor vehicle infractions be amended to reflect the recommendations offered by Captain Dugay of the Holyoke Police Department. (see attached lists).
22. LEAHY – that the Holyoke City Council recognize Callie Cavanaugh of the Holyoke High School Girls Varsity Basketball team with a proclamation for scoring One Thousand points. She scored her 1000th point on January 20, 2016 vs Amherst High School.
23. LEBRON-MARTINEZ – the City Council invite MIFA to give an update on their current projects including the update with the Victory Theater development.
24. LEBRON-MARTINEZ – Ordered, that the City Council adopt the attached
LISI Order of Taking for the property at 394 High Street
25. MCGEE – that the city adopt the Paleontological Resources Ordinance for City of Holyoke: ( see attached)
26. MCGEE – that (2nd request) all departments report to the city council any projected financial dept short falls that they might have or have already requested funds for such matters.
27. MCGEE – the auditor provide the finance committee with a list of all the department short fall requests he received with regard to his email request he sent.
28. MCGEE – the auditor provide a list of line item transfers/budget transfers that have occurred in all departments from November to present and where such funds were transferred to.
29. MCGEE – the public safety committee look into the following safety concern regarding hunting in and around land across the Mt. Tom Range. The dilemma with USF&W and MF&W is each owns a landlocked parcel bounded by either private land or public land. In the case of surrounding public lands, those parcels are not open to hunting. At issue is the amount of hiking that goes on across the ridge line –especially in the fall. During deer and bear season shotguns are used. I do not know whether rifles are allowed during bear and deer season. If so, the distance a bullet can travel raises the risk of some one being injured or worse.”
30. VALENTIN – the handicap parking sign located in front of 71 Taylor St. be removed. The permit is no longer needed at that address.
31. BARTLEY – To strengthen procurement laws, the city of Holyoke will put police ordered towing and any other public towing services out to bid on at least a biennial basis.
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
Posted on January 29, 2016 by Irma Lopez