Events

Holyoke City Council Meeting Text Size

Event takes place on December 06, 2016 at 7:00 PM
City Hall, City Council Chambers, 536 Dwight St. Holyoke, MA 01040

AGENDA FOR THE CITY COUNCIL
December 6,2016

LAID ON THE TABLE

1.    Ordered, that the parks and recreation commission, parks and recreation director, personnel director and law dept take 15-20 minutes to give the City Council a briefing in executive session to discuss the recent employee placed on paid administrative leave.”

PUBLIC COMMENT

COMMUNICATIONS

2.    From Brenna Murphy McGee, CMC, City Clerk and Ryan Allen, Admin. Asst City Council minutes of November 15, 2016.

3.    From Bellamy H. Schmidt, Acting City Auditor, letter re:  Free Cash

4.    From the Undersigned collective bargaining units letter, Re:  Proposed Ordinance to Prohibit Transfers into Salary Lines.

5.    Communication for Councilor Todd McGee re:  Wistariahurst Revenues & Staff.

6.    From Teresa Shepard, Parks & Recreation Director and Michael P. McManus, General Superintendent of DPW letter re:  Pouliot Pool Project.

7.    From Holyoke Water Works, re:  Orders introduced by Councilors.

8.    From Timothy F. Keane, PE, LSP resume in interest of consideration for the Water Department Board of Commissioners.

9.    From Francis X. Dwyer, Chairman Board of Water Commissioners, letter informing he will not seek reappointment to the Board of Water Commissioners, Mr. Dwyer’s current term ends January 2017.

10.    From Holyoke Board of Health, minutes of September 8, & October 13, 2016.

11.    From Board of Public Works, minutes of October 17, 2016.

12.    From Sewer Commission, minutes of October 17, 2016.

13.    From Stormwater Authority, minutes  of regular meeting and Public hearing of October 17, 2016.

PETITIONS

14.    Petition of Lisciotti Development Corp. a zone change from R-2 to BG  at 527 South St.

15.    Petition of Williams Auto Sales Inc. for a special permit for Outdoor Sales lots for new and used motor vehicles and trucks, and marine and recreational vehicles, 7.2.13 at 123 Sargeant St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

16.    Ordinance Committee Reports (if any)

16A.    The Committee on Ordinance to whom was referred an order That no person shall be appointed to any Board or Commission if any taxes, sewer or water bills are unpaid.  A member of any Board or Commission who fails to pay taxes, sewer or water bills shall resign their seat. The Treasurer or Collector shall provide a list of the payment status of each appointed person to the City Council twice a year.  Recommend that the order be adopted

16B.    The Committee on Ordinance to whom was referred an order that pursuant to the public safety committee recommendation, June 21, 2016, the ordinance committee adopt an ordinance  changing the DPW’s policy making procedures on the ability to limit Holyoke residents from use of the yard waste area due to the tax payers trailer size.  The DPW’s argument is that it is looking to stop contractors from using the yard illegally by imposing a blanket policy that impacts taxpaying residents instead of doing their due diligence to stop the illegal use.  Recommend that the order be adopted

16C.    The Committee on Ordinance to whom was referred an order that the City Place speed limit signs on Clayton Road and other side streets off of Homestead that are being used to cut through from Homestead to Rt. 202 so that police can enforce.  There has been an increase in safety concerns in the neighborhood with drivers cutting through at high speeds during rush hours.  Recommend that the order has been complied with

17.    Finance Committee Reports (if any)

17A.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “2017 BULLETPROOF VESTS PARTNERSHIP” 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.  Recommend that the order be adopted

17B.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “2017 BYRNE MEMORIAL JUSTICE ASSISTANCE ” 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.
  Recommend that the order be adopted

17C.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “2017 STATE 911 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.  Recommend that the order be adopted

17D.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “911 Department Support and Incentive” 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.  Recommend that the order be adopted

17E.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Jackson Street Sewer Separation and CSO Abatement” 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.  Recommend that the order be adopted

17F.    The Committee on Finance to whom was referred an order That the auditor confirm the true nature of the Wistariahurst Museum “revolving account” (i.e. The funds from ticket sales, event sales, etc…) that are used to help pay salaries. If there is no account then a revolving fund should be established for such funds.  Please provide an update in 2 weeks.  Recommend that the order has been complied with

17G.    The Committee on Finance to whom was referred an order That the Finance Committee request the following information before voting on the Mayor’s bond proposal:
1) Current City liabilities with actual bonds (including School Projects).
2) Current payments of City Bonds liability.
3) Finance Committee discussion of the submitted bond (Item per item before having a final Vote). Perhaps, the Finance Committee should create a priority listing for the bond proposal.
 Recommend that the order has been complied with

17H.    The Committee on Finance to whom was referred an order That the Mayor & Legal Dept. put together only ONE claim/agreement for ALL the complaints related to the demolition of the Essex House (Maria Ferrer, Salsarengue, Old San Juan Bakery and others) in order for the City Council to take care/discuss of all the businesses claims at once.  (not in piecemeal fashion). This will ensure that all businesses are treated equal.   Recommend that the order has been complied with

18.    Public Safety Committee Reports (if any)

19.    Public Service Committee Reports (if any)

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

20A.    The Committee on Development and Governmental Relations to whom was referred a Special Permit application for Easthampton Savings Bank for a Commercial Drive Up at 170 Sargeant St. Map 060 Block 03 Parcel 01  Awaiting disposition

20B.    The Committee on Development and Governmental Relations to whom was referred an  application for a Home Occupation Permit for Daniel LiBoissonnault on 267 Southampton Rd. Permit would allow applicant to produce crackers and non-dairy, nut-based cheeses  Awaiting disposition

20C.    The Committee on Development and Governmental Relations to whom was referred an order that John J. Lynch Jr. High School be returned to the Holyoke School Committee forthwith for proper disposition  Awaiting disposition

20D.    The Committee on Development and Governmental Relations to whom was referred an order that the City Council ask the Mayor, and DPW Superintendent to use 2017 CDBG funds to purchase and install an outdoor bulletin board that can be locked and is waterproof, that is sufficient size and installed in a convenient location for the public.  Awaiting disposition

20E.    The Committee on Development and Governmental Relations to whom was referred an order that the City Council do whatever is necessary to preserve John J. Lynch school for the people of Holyoke. This includes doing a feasibility study to move the School Dept. Offices to that location and to open the building for all educational and recreational purposes for our children.  This should come to fruition prior to the opening of school September of 2016  Awaiting disposition

20F.    The Committee on Development and Governmental Relations to whom was referred an order that the paper street adjacent to 72 Mueller Rd. (parcel ID 182-00-032) and Rear Country Rd. (parcel ID 182-00-035) be declared surplus and made available for sale. Awaiting disposition

20G.    The Committee on Development and Governmental Relations to whom was referred an order that with CDBG funding coming around again, the Mayor be invited to attend any DGR meeting relative thereto. Further please consider designating $ 100,000 of CDBG funds for business facade improvements. As a suggestion: the grants to business should require matching funds of at least 25%  Awaiting disposition

21.    Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

23.    LOPEZ    –    1) That the Finance Committee invites the former DPW
    LEAHY        Superintendent Bill Fuqua to the next meeting in order
    MCGEE        to discuss and get answers to the 2015 Bond projects
    TALLMAN        (Tennis Courts, McKenzie Field and Robert Field).
Mr.
            Fuqua still under a contract with the City.  The current
            DPW Superintendent should help us with the invitation
            in a timely manner.

24.    MCGEE    –    Pay $226,022.00 from the Essex House Demolition Fund (8990) to reimburse Maria Ferrer for damages incurred to 394-396 High St, by the collapse of the Essex House.  (First order of two related orders.)

25.    MCGEE    –    Pay $44,183.07 from the Stabilization Fund to reimburse Maria Ferrer for damages incurred to 394-396 High St. by the collapse of the Essex House. (Second order of two related orders – option 1.)

26.    MCGEE    –    that there be and is hereby appropriated by transfer in the fiscal year 2017, One million sixteen thousand one hundred ninety-four and 32//100 Dollars ($1,016,194.32) as follows:

FROM:
*****-*****    Free Cash        $1,016,194.32
        TOTAL:    $1,016,194.32
TO:
*****-*****    Reduce FY2017 Tax Levy        $1,016,194.32
        TOTAL:    $1,016,194.32

27.    MCGEE    –    that there be and is hereby appropriated by transfer in the fiscal year 2017, Two hundred forty thousand/100 Dollars ($240,000) as follows:

FROM:
*****-*****    Stabilization Fund        $240000
        TOTAL:    $240,000
TO:
12103-58000    Capital Outlay – Police Cars        $240000
        TOTAL:    $240,000

28.    MCGEE    –    Pay $44,183.07 from Free Cash to reimburse Maria Ferrer for damages incurred to 394-396 High St. by the collapse of the Essex House. (Second order of two related orders – option 2.)

29.    MCGEE    –    Order that DPW repave Hawthorne.

30.    MCGEE    –    that the sum of $2,000,000 is appropriated to pay the costs of designing and installing a Public Safety Radio Network, including the payment of all costs incidental and related thereto, and to meet this appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said amount and to issue bonds or notes of the City therefore.

31.    MCGEE    –    that there be and is hereby appropriated by transfer in the fiscal year 2017, One hundred thousand and 00/100 Dollars ($100,000) as follows:

FROM:
*****-*****    Free Cash        $100,000
        TOTAL:    $100,000
TO:
11512-53010    Special Counsel        $100,000
        TOTAL:    $100,000

32.    ROMAN    –    Ordered that intersection of Mosher and Center Street become a 4 way stop intersection, there are numerous accidents and the residents would like to see a more secure intersection.  

33.    ROMAN    –    Ordered that intersection of Mosher and North Bridge Street become a 4 way stop intersection, there are numerous accidents and the residents would like to see a more secure intersection.  

34.    ROMAN    –     Ordered, that the City of Holyoke establish through ordinance a Human Rights Commission, multi-member body of the City. The Commission shall advocate and be an information resource for the rights guaranteed pursuant to local, state, and/or federal law on the basis of race or color, gender, gender expression, physical or mental ability, religion, socio-economic status, ethnic or national origin, sexual identification or orientation, or age for all persons within the City of Holyoke.  - Re-filed order, originally filed on January 19, 2016. 

35.    ROMAN    –    Ordered, that the City of Holyoke through ordinance pass the “Fair Chance Rule,” requiring that the city itself as an employer make revisions to its current civil service processes and eliminate any barriers including the checking of the “box,” during an interview and application process, that may preclude applicants with criminal records from gaining employment with the City of Holyoke and/or its contractors.  Giving exception to any employment having to deal with the elderly, finances, and the youth.  Re-file order, originally filed on January 5, 2016. 

36.    ROMAN    –    Ordered that the City of Holyoke place a binding referendum changing the charter to make terms of all remaining local municipal elected officials not elected to four year terms to switch and become four year terms.  (I.E. City Council, School Committee, etc.) Re-filed order, originally filed on May 17, 2016.  

37.    ROMAN    –    Ordered that the Holyoke Public Works Department remove and replace all benches at
Carlos Vega Park and replace with benches in storage at the John J. Lynch School.  Likewise that at least two large tree planters and at least two large metal trash receptacles be placed in Carlos Vega Park.  Likewise that any remanding benches, planters and trash receptacles be disbursed at parks in most need.  

38.    ROMAN    –    Ordered that the City of Holyoke through ordinance create “gentrification mitigation zones.” “Gentrification Mitigation Zones,” or GMZ will be areas with large working class and highest concentration of poverty according to the US Census Data tracts, above-average increases in property values and signs of resident displacement. The districts would be subject to stronger protections for tenants whose housing may be at risk as developers and people with higher incomes move into a neighborhood.  In a gentrification mitigation zone, tenants of a building that’s put up for sale would have the first chance to buy it, with the possible assistance of local (i.e. CPA), state and federal funds. If renters opted not to buy their building, the sale would be subject to a tax of 1 percent or less to assist tenants who face displacement locally.

Developers in these proposed zones would also have to create community impact statements to address how they would affect the neighborhood’s character, existing affordable housing, schools and other resources. They would be required to meet with any Ward Councilor in which a zone lies and the local neighborhood councils to present their plans.  

39.    ROMAN    –    Ordered that the City of Holyoke widen and expand the rear entrance leading into the back parking lot of Holyoke High School.

40.    ROMAN    –    Ordered that the School Department provide a budget for how much money is being spent annually to pay for the School Resource Officers for the District.   

41.    ROMAN    –    Ordered that the Chief of Police appear before the Joint Committee of the City Council and School Committee with statistics of all arrests made this year of Holyoke Public School students.   

42.    ROMAN    –    Ordered that the Holyoke Police department appear before the Joint Committee of the School Committee and City Council and provided job description, qualifications needed, and selection process for the School Resource Officers of the Holyoke Public Schools.

43.    ROMAN    –    Ordered that the School Department submit a break down of all teaching staff in the Holyoke Public School System and where they currently live.

44.    ROMAN    –    That the City Council create an official resolution to celebrate El Sol Latino’s 12 year anniversary as Holyoke’s only bi-lingual news paper.  Owned by Manuel Frau-Ramos

45.    ROMAN    –     That the City of Council create an official resolution congratulations Salsarengue Restaurant on its 11 year anniversary in the City of Holyoke.  Owned by Jose Bou. 

46.    VALENTIN    –    The City Council adopt a resolution affirming the
    LISI        City of Holyoke’s commitment to being a safe and accepting
    LOPEZ        community. That a copy of this resolution be provided
    MCGEE        to Senator Humason, State Representative Vega, and
    ROMAN        Governor Baker. Proposed resolution wording is included
    TALLMAN        within.

RESOLUTION DECLARING HOLYOKE’S COMMITMENT
            TO
BEING A SAFE AND ACCEPTING COMMUNITY
 
WHEREAS,
            the Holyoke City Council has asserted that the City
            of Holyoke does not tolerate hate crimes and other
            expressions of hate, such as in its April 2016 Resolution
            “Affirming the City of Holyoke’s Commitment to Civil
            Rights and Ensuring Equity for All People in Holyoke
            and Beyond”; this April 2016 Resolution included language
            such as: “Basic concepts of human and civil rights
            dictate that discrimination based on gender identity
            and/or sexual orientation is inherently wrong; and
            “The City of Holyoke acknowledges, respects, and values
            the diversity of its community”; and
WHEREAS,    
            the Holyoke City Council believes in the rights of
            all people to lead lives of peace and dignity free
            from fear, harassment, and violence; and
WHEREAS,
            the Holyoke City Council is adamantly committed to
            protecting this community’s residents from racist,
            Islamophobic, anti-Semitic, misogynistic, homophobic,
            transphobic, anti-immigrant, and anti-refugee sentiments
            and acts and all other targeting of residents based
            on their identities or perceived identities; and
WHEREAS,    
            the Holyoke City Council stands in strong opposition
            to the authoritarianism, policies, and rhetoric that
            engender hatred; and
WHEREAS,     the City of Holyoke
            supports respect for civil and human rights and recognizes
            that pursuant to the Universal Declaration of Human
            Rights adopted by the United Nations in 1948, Article
            3, “Everyone has the right to life, liberty and security
            of person” and Article 5, “No one shall be subjected
            to…degrading treatment;”
 
NOW THEREFORE BE IT RESOLVED
            that the City Council of Holyoke, Massachusetts redoubles
            its commitment to the values of freedom, justice,
            and equality that bind us as a community, and to protecting
            those whose security and well-being may be threatened
            in the current political and social climate.
BE IT
            FURTHER RESOLVED that we stand in solidarity with,
            and advocate for the civil liberties and human rights
            of, every resident of Holyoke regardless of race,
            ethnicity, religion, sexual and gender identity, national
            origin, or citizenship and immigration status.  
BE
            IT FURTHER RESOLVED that we recommit to working towards
            a community, country, and world that are non-discriminatory,
            welcoming, just, inclusive, and pluralistic.
BE
            IT FURTHER RESOLVED that we vehemently condemn acts
            of vandalism, harassment, and violence that express
            hatred towards members of our community and beyond;
BE
            IT FURTHER RESOLVED that the City of Holyoke is a
            hate-free zone in which hate crimes and discriminatory
            actions will not be tolerated.
BE IT FURTHER RESOLVED
            that we call upon all members of our community to
            engage in positive community-building and take the
            necessary and courageous steps to prevent and respond
            to discrimination and hatred whenever and wherever
            they see it.
BE IT FURTHER RESOLVED that we are committed
            to holding our state and federal leaders accountable
            to the values and commitments expressed in this resolution.
 
Filed:
            November 30, 2016
 
Offered by Councilor Jossie
            Valentin
    

47.    VALENTIN    –    that a handicap sign be placed in front of 171 Beech St. for Estela Acosta.

48.    JOURDAIN    –    That the City Council advertise for the position of Water Commissioner.

49.    JOURDAIN    –    Ordered, that Rule 26 be amended to state that the 3rd order of Council business directly after the Pledge of Allegiance shall be the Statement “God Bless America, God Bless the City of Holyoke, and God Bless the City Council.”

50.    JOURDAIN    –    Ordered, that Economic development office, Department of Parks and Recreation, and Mayor’s office please meet with the Holyoke Creative Arts Center to discuss if the city can be of assistance with their space issues other than a cash rental subsidy.  Do we have available space in a municipal building that perhaps they could use that does not add cost to the city?  Is there private space that some organization or company could help them on a low cost or donated basis?  Can they apply for CDBG funding?  It is an important program with a great history.  The city should try to provide to help them with their space needs if we can.

51.    JOURDAIN    –    Ordered, That Fran Dwyer be given a proclamation of thanks for his many years of faithful service to the City Council and the Holyoke Water Works as a Water Commissioner.  Great Job Fran!

52.    LEAHY    –    Ordered that the flags in Veterans Park, that are worn and torn, be replaced with new ones.  If the Veterans Administration department doesn’t have money in a line item for this please refer to the Mayor’s Office for funding.

53.    LEBRON-MARTINEZ    –    that a handicap sign be placed in front of 267 East Dwight St. for Margarita Santos & Jose Febles.

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 December 2, 2016 by