Events

Holyoke City Council Meeting Text Size

Event takes place on June 21, 2016 at 7:00 PM
City council Chambers, 536 Dwight St. Holyoke, MA 01040

AGENDA FOR THE CITY COUNCIL
June 21,2016

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.    The Committee on Ordinance to whom was referred  Zone Change Application of Frontier Development for property on 1575 Northampton St. from Current Zone R-1A to Proposed Zone BH  Recommend that the zone change be denied

3.    The Committee on Ordinance to whom was referred an order that a “No Parking Sign that reads no parking between 2:00pm – 4:00pm Monday Thru Friday be placed on Samosett St.  in front of Kelly School for safety and visual purpose  Recommend that the order be adopted

PUBLIC COMMENT

COMMUNICATIONS

4.    From Mayor Alex B. Morse, letter reappointing Mr. Joseph McGiverin, 27 Downing Ave. to server as 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, 2019.

5.    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 the Finance Sector.  This is a three-year term; said term will expire on June 30, 2019.

6.    From Kara Lamb Cunha, Assistant City Solicitor, letter re:  Request for Action on Pending Financial Transfer.

7.    From Bellamy H. Schmidt, Acting City Auditor, letter re:  Snow Removal account for FY2016.

8.    From Thomas N. Wilson, Attorney at Law, letter re:  Zone Change for 1575 Northampton St.

9.    From Office of Planning And Development, letter re:  Recommendation:  BH and DR to BC/121 Elm, 131 Suffolk, and Walnut Streets (006-06-002, 003,004,005,006 and 007).

10.    From Holyoke Board of Health minutes from May 5, 2016.

11.    From Board of Fire Commission, minutes from May 2, 2016.

12.    From Board of Public Works minutes from May 9, 2016.

13.    From Sewer Commission minutes from May 9, 2016.

14.    From Stormwater authority minutes from May 9, 2016.

15.    From Fairfield Avenue Commission, minutes from May 11, 2016.

16.    From Historical Commission, minutes from May 9, and June 13, 2016.

PETITIONS

17.    Petition of Manuel Contin, for a renewal of a Livery License to be garaged at 219 Elm St.

18.    Petition of UWM Holdings, Inc. for a amendment to a special permit for 686 Main St.

19.    Petition of Ovidio Hernandez, 175 Walnut St. for a street vendor license to sell Ice cup syrup.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

20.    Ordinance Committee Reports (if any)

20A.    The Committee on Ordinance to whom was referred an order that the handicap parking space located at 77 Newton Street be moved to the disabled person address 79 Newton Street (this request come from the handicap owner). The current parking space is located in the wrong location by 20 or 30 ft.  Recommend that the order be adopted

21.    Finance Committee Reports (if any)

22.    Public Safety Committee Reports (if any)

22A.    The Committee on Public Safety to whom was referred a  Petition for a Partial Discontinuance of an alley between Suffolk St. and Dwight St. at Western end of the block bounded by Walnut St. on the North, Elm St. on the South, Dwight St. on the East, and Suffolk St. on the West. Petitioner: Matthew McDonough.  Awaiting disposition

22B.    The Committee on Public Safety to whom was referred an order  that the DPW study the impact of adding the traffic light on the intersection of Main St. and St. Vincent’s St. in order to slow the speed, elevate the flow of traffic and to make walking and crossing the streets safer for students attending William J. Dean Tech School.  Awaiting disposition

22C.    The Committee on Public Safety to whom was referred an order Ordered that the DPW allow Holyoke residents with pull trailers (10 feet or less) to use the compost dump area.  Awaiting disposition

22D.    The Committee on Public Safety to whom was referred an order that Holyoke Police Dept. enforce the “do not block the box” ordinances Citywide but in particular the two on Northampton St. near Clark & Gilman and please report back to the Public Service Committee any findings.  Awaiting disposition

23.    Public Service Committee Reports (if any)

23A.    The Committee on Public Service to whom was referred an order that the City Council invite the applicant for 3rd Assessor to a Public Service meeting for an interview.  Recommend that the applicant Mrs. Maureen Cronin be appointed as 3rd Assessor to the City of Holyoke

23B.    The Committee on Public Service to whom was referred City Council review of Mayoral appointee Mr. Richard Quenneville to serve on the Council on Aging Board  Recommend that the appointee be confirmed

23C.    The Committee on Public Service to whom was referred City Council review of Mayoral appointee Richard Ahlstrom to serve as a member of the Historical Commission Recommend that the appointee be confirmed

23D.    The Committee on Public Service to whom was referred City Council review of Ms. Deborah Aloisi to serve as a member of the Commission on Disabilities Recommend that the appointee be confirmed

23E.    The Committee on Public Service to whom was referred City Council review of Ms. Jean E. Jonker to serve as an Associate Member of the Historical Commission for the City of Holyoke  Recommend that the appointee be confirmed

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

24A.    The Committee on Development and Governmental Relations to whom was referred a  Petition of Tracy Bennett  for a new special permit at 94 Westfield Road for a nonconforming structure (detached garage).  Recommend that the application be approved with the following conditions:

1. That the new garage be constructed no closer to the street than the garage previously constructed
2. That the garage be constructed with similar or better materials
3. That the garage be constructed with the same dimensions as previous garage 16 Ft. in Width 20 feet in length. Wall be 9Ft. 8 inches tall.
4. That the rainwater run off to the back yard of the property owner

24B.    The Committee on Development and Governmental Relations to whom was referred a Special Permit Application of Mt. Tom Solar LLC to construct a large scale, ground mounted solar photovoltaic PV facility within the floodplain overlay district at 200 Northampton St.. Map 226 Block 00 Parcel 009 Recommend that the order be adopted with the following conditions:

1. Applicant must adhere to all Flood Plain Overlay District criteria, obtain and maintain all Federal State and Local permits.
2. If applicant is notified by City Officials that screening is insufficient applicant must take immediate corrective action and install appropriate plantings on either west of south side.

24C.    The Committee on Development and Governmental Relations to whom was referred a communication from the Legal Dept. dated 5/16/16 Titled: Amended Language for Community Preservation Act Ballot Question and Summary   Recommend that the communication has been complied with

24D.    The Committee on Development and Governmental Relations to whom was referred a communication from the Legal Dept. dated May 2nd, 2016 titled: Language for Community Preservation Act Ballot Question and Summary  Recommend that the language be adopted as amended

24E.    The Committee on Development and Governmental Relations to whom was referred an order that the City hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic resources, the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use, the acquisition, creation, preservation and support of community housing, and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under said Act; that the amount of such surcharge on real property shall be up to 3% of the annual real estate tax levy against real property commencing in fiscal year 2018; and that the City hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City, as defined in Section 2 of said Act, $100,000 of the value of each taxable parcel of residential real property, $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said Chapter 59. Upon approval of the City Council, the actions of the body shall be submitted for acceptance by the voters at the next regular municipal or state election   Recommend that the order be adopted with the following ballot language:

Approved by DGR June 13, 2016

Community Preservation Act Ballot Question and Draft Summary

Ballot Question
Shall the City of Holyoke accept sections 3 to 7 inclusive, of chapter 44B of the General Laws, as approved by its legislative body, a summary of which appears below?

Summary of Question
On June ___, 2016, the Holyoke City Council voted, without taking a position, to place a question on the ballot which will allow the voters to decide whether or not to accept Sections 3 to 7 of Chapter 44B of the General Laws of Massachusetts, known as the Community Preservation Act (hereinafter “the Act”). The question will be approved and the statute accepted if a majority of the voters voting on the ballot question vote “yes.”

The Act establishes a dedicated funding source to enable cities and towns to (1) acquire, create and preserve open space, which includes land for parks, recreational uses and conservation areas, and to rehabilitate local parks, playgrounds and athletic fields; (2) acquire, preserve and rehabilitate historic resources such as historic community buildings and artifacts; and (3) acquire, create, preserve and support community housing to help meet local families housing needs.
In Holyoke, the funding source for these community preservation purposes will be a surcharge of (__%) on the annual property tax assessed on real property, beginning in Fiscal Year 2018, as well as annual distributions made by the Commonwealth of Massachusetts from a trust fund created by the Act. If approved, the following will be exempt from the surcharge: (1) property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City of Holyoke, as defined in Section 2 of said Act; (2) $100,000 of the value of each taxable parcel of residential real property; and (3) $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said chapter 59. A taxpayer receiving a regular property tax abatement or exemption will also receive a pro rate reduction in the surcharge. Any taxpayer seeking a low income or senior exemption shall apply for said exemption annually to the City of Holyoke.
A Community Preservation Committee will be established by ordinance to study community preservation resources, possibilities and needs, and to make annual recommendations to city council on spending the funds. At least 10% of the funds for each fiscal year will be spent or reserved for later spending on each of the Act’s three community preservation purposes: (1) open space, (2) historic resources and (3) affordable housing. The acceptance of Sections 3 to 7 may be revoked at any time after five years from the date of acceptance, by a vote of the City Council and approval of the voters.

24F.    The Committee on Development and Governmental Relations to whom was referred an order that the City invite Mayor Morse, representatives from the Community Preservation Coalition, the City’s Legal Department, and local Holyoke cpa advocates to provide information about how the CPA functions and answer questions regarding the adoption of the Community Preservation Act. Also extend invitations to Representative Vega and Senator Humason to attend this meeting, if their schedules allow.  Recommend that the order has been complied with

24G.    The Committee on Development and Governmental Relations to whom was referred an order Ordered that The City consider: hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic resources, the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use, the acquisition, creation, preservation and support of community housing, and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under said Act; that the amount of such surcharge on real property shall be 1% of the annual real estate tax levy against real property commencing in fiscal year 2018; and that the City hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City, as defined
in Section 2 of said Act, $100,000 of the value of each taxable parcel of residential real property, $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said Chapter 59. Upon approval of the City Council, the actions of the body shall be submitted for acceptance by the voters at the next regular municipal or state election.
Or
the City hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic resources, the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use, the acquisition, creation, preservation and support of community housing, and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under said Act; that the amount of such surcharge on real property shall be .5% of the annual real estate tax levy against real property commencing in fiscal year 2018; and that the City hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City, as defined in Section 2 of said Act, $100,000 of the value of each taxable parcel of residential real property, $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said Chapter 59. Upon approval of the City Council, the actions of the body shall be submitted for acceptance by the voters at the next regular municipal or state election.  Recommend that the order be referred to the full City Council without a recommendation Recommend that the order be given leave to withdraw

24H.    The Committee on Development and Governmental Relations to whom was referred an order Order to declare property as “surplus”

Introduced by Councilor Bartley
The Honorable City Council, in accordance with Massachusetts General Laws Chapter 30-B and the Holyoke Procurement Ordinance, vote to declare the following parcels of land “surplus property available for disposition.” Said parcels are described as:

Parcel ID
Address
Current Use
Assessed Value
Zoning
Book / Page
031-01-015
501 SOUTH BRIDGE ST
Vacant Land
13,700.00
IG
20125 / 375
031-01-016
SOUTH BRIDGE ST
Vacant Land
12,600.00
IG
 20566 / 3
031-01-017
501 BRIDGE ST
Vacant Land
1,300.00                              
IG
20566 / 4
004-06-004
299 WALNUT ST
Vacant Land
27,200.00
DR
14481 / 331
004-06-005
307 WALNUT ST
Vacant Land
27,200.00
DR
15874 / 590

 Awaiting disposition

24I.    The Committee on Development and Governmental Relations to whom was referred an order Order to transfer property to HRA

Introduced by Councilor Bartley
The Honorable City Council, in accordance with the Holyoke Redevelopment Authority’s urban renewal plan entitled, “Connect. Construct. Create. – A Plan for the Revitalization of Center City Holyoke” which was approved by the Holyoke City Council on December 4, 2012 and by the Massachusetts Department of Housing and Community Development on February 5, 2013, vote to approve the transfer of the properties listed below to the Holyoke Redevelopment Authority for consideration of $1.00.

Parcel ID
Address
Current Use
Assessed Value
Zoning
Book / Page
Area #9
 
 
 
 
 
031-01-015
501 SOUTH BRIDGE ST
Vacant Land
13,700.00
IG
20125 / 375
031-01-016
SOUTH BRIDGE ST
Vacant Land
12,600.00
IG
 20566 / 3
031-01-017
501 BRIDGE ST
Vacant Land
1,300.00                              
IG
20566 / 4
030-03-007
CABOT ST
Vacant Land
4,400.00
BH
16564 / 387
030-03-008
61 CABOT ST
Vacant Land
21,400.00
BH
16826 / 128
Area #3

004-06-009
163 SARGEANT ST
Vacant Building
$368,600.00
DR
19864 / 549
Area #10

047-01-011
160 MIDDLE WATER ST
Vacant Building
40,000.00
IG
11072 / 306

 Awaiting disposition

25.    Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

27.    LOPEZ    –    That the DPW(Forestry) trims the trees at South Summer Street (588 South Summer Street down to Sargeant Street).

28.    LOPEZ    –    That the Treasurer Department provides to the City Council any expenditures information for helping during the Tax Collector relocation (within 30 days).

29.    MCGEE    –    that there be and is hereby appropriated by transfer in the fiscal year 2016, Fifty-two thousand seven hundred sixty-one and 59/100 Dollars ($52,761.59) as follows:

FROM:
11411-51104    Pay-Head Clerk        $18,000.00
11411-51102    Pay-Assistant Assessor        2,000.00
15411-51105    Pay-Volunteer Coordinator        20,000.00
15101-51103    Pay-Chief Sanitarian        12,761.59
        TOTAL:    $52,761.59
TO:
12201-51500    Vacation Buyback        $17,902.02
12201-51510    Sick Leave Buyback        34,859.57
        TOTAL:    $52,761.59

30.    MCGEE    –    that there be and is hereby appropriated by transfer in the fiscal year 2016, One hundred thousand and 00/100 Dollars ($100,000) as follows:

FROM:
17104-59128    2013 Bond Principal        $100,000
        TOTAL:    $100,000
TO:
19141-51999    Health Insurance        $65,000
19151-51999    Life Insurance        5,000
19161-51999    FICA/Medicare        30,000
        TOTAL:    $100,000

31.    MCGEE    –    that the amount of One hundred thirty nine and 15/100 Dollars ($139.15) be authorized from the Mayor Department’s In-State Travel (11212-57100) appropriation in fiscal year 2016 for services rendered in fiscal year 2015 which were unencumbered at the 2015 fiscal year end.

32.    VALENTIN    –    that the City Forester assess the tree in front of 219 Elm St. and determine if it needs to be removed as a safety precaution.

33.    BARTLEY    –    The city council offer a proclamation to the HABERMAN family for its 89+ years of doing business in Holyoke.

34.    BARTLEY    –    This city of Holyoke, in order to more efficiently
    ROMAN        and effectively increase voter participation, add
            polling locations in Wards 2, 4 and 7.  Specifically,
            I’m suggesting that in Ward 2, Dean Tech be used as
            a polling station and that in Ward 4, the Senior Center
            be used.

35.    BARTLEY    –    The Holyoke City Council extend an invitation to Bennett Walsh, the new Superintendent of the Holyoke Soldiers’ Home, to meet in committee in the Fall of 2016.

36.    BARTLEY    –    Ordered that, in accordance with Mass. Gen. Laws ch. 59, sec. 38H, the City Council approve and ratify an agreement between the City of Holyoke and Mt. Tom Solar, LLC, for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations  Recommend that the order be adopted

37.    BARTLEY    –    The DPW and Parks and Recreation commission consider posting “no littering” and “no smoking” and “please recycle” signage in city parks and public buildings.

38.    JOURDAIN    –    he City Council suspend Rule 1 as it relates to our regularly scheduled meetings of July 5, July 19 and August 16 in order to stand down for the City Council’s Summer Recess.

39.    JOURDAIN    –    the Wistariahurst Director, appear before the Ordinance Committee to discuss the creation of new positions in her department and that the creation of these positions be reviewed by the Law Department and the City Auditor.  If necessary ordinance changes be made.

40.    JOURDAIN    –    that the Police Department do added enforcement at the corner of Claremont Ave and Hillside Ave. for individuals not stopping at stop signs.

41.    LEAHY    –    Order that the Department of Public Works installs
    MCGEE        two (2) signs on Dartmouth street that indicate no
            commercial trucks allowed. One to be located at the
            corner of Dartmouth Street and Pleasant Street. The
            second sign to be located on the corner of Northampton
            St. and Dartmouth Street.

42.    LEAHY    –    Order that United Water sends out a street sweeper to Lenox Road as soon as possible. This Street was missed the last go around.

43.    LEAHY    –    Ordered that Dr. Steven Zrike comes before the Holyoke City Council in its entirety. The purpose of this meeting is to give a state of the schools address. Which would include statistics indicating school dropout information, graduation rates, truancy rates, teenage pregnancy, adequate yearly progress and all of the other pertinent information.

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 June 17, 2016 by