Events

Holyoke City Council Meeting Text Size

Event takes place on February 07, 2017 at 7:00 PM
City Hall, City Council Chambers, 536 Dwight St. Holyoke, MA 01040

AGENDA FOR THE CITY COUNCIL
February 7,2017

LAID ON THE TABLE

1.    Appointment of City Officers January 2017

2.    From Brenna Murphy McGee, CMC, City Clerk and Ryan Allen, Admin. Ass’t. to City Council minutes of January 3, 2017.

PUBLIC COMMENT

COMMUNICATIONS

3.    Appointment of City Officers, Tax Collector

4.    From Mayor Alex B. Morse, letter re-appointing Mr. Michael Dodge, 131 Norwood Terr. to serve as a member of the Conservation Commission for the City of Holyoke;  Mr. Dodge will serve a three-year term;  said term will expire on February 1, 2020.

5.    From Mayor Alex B. Morse, correspondence regarding a vote to submit a Statement of Interest with the Massachusetts Building Authority.

6.    From Brenna Murphy McGee, CMC, City Clerk and Ryan Allen, Admin. Ass’t. to City Council minutes of City Council meeting of January 17, 2017.

7.    From Sara J. Carroll, Assistant Solicitor, letter re: Memorandum of Agreement with IBPO Local 409, Police Supervisors.

8.    From Bellamy H. Schmidt, Acting City Auditor, re:  Monthly Budget Reports for the General Fund and Sewer Fund as of November 30, 2016.

9.    From Damian J. Cote, Building Commissioner, letter re:  12 Month Progress Report.

10.    From Alicia M. Zoeller, Administrator Office of Community Development, letter re:  FFY2017 Community Development Block Grant Proposal Book.

11.    From Office of the Attorney General, letter re:  violation of the Open Meeting Law.

12.    From Teresa Shepard, Director Parks & Recreation Dept. minutes of December 6, 2016.

13.    From Board of Fire Commissioners, minutes of January 25, 2017.

PETITIONS

14.Petition of Holyoke Retail LLC for a zone change at 1504 Northampton St. from R-2 to HGWY, BUS.

15.    Petition of Kenrick Williams, 97 Locust St. for a renewal of a home occupation for a Landscaping business.

16.    Petition of GTI Massachusetts NP Corporation (“GTI)  for a special permit for a Registered Marijuana Dispensary at 28 Appleton St.

17.    Petition of J & W Wally LLC, Josue Rivera, for a new special permit for a Motor Vehicle repair garage (7.2.13(A) 243 Elm St..

18.    Petition of J & W Wally, LLC, Josue Rivera for a new special permit for Outdoor sales lots for new and used motor vehicles and trucks, and marine and recreational vehicles (7.2.13) at  243 Elm St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

19.    Ordinance Committee Reports (if any)

19A.    The Committee on Ordinance to whom was referred an order that the City Council adopt a special permit/application for any methadone/suboxone clinics coming into the City  Recommend that the order be adopted

19B.    The Committee on Ordinance to whom was referred an order that the City Council consider revising its ordinances relative to the funds provided to the Mayor’s office in lieu of providing a vehicle  Recommend that the order be adopted

19C.    The Committee on Ordinance to whom was referred an order that no budgeted salary line be increased following approval of the budget without an appropriation submitted to and approved by the City Council  Recommend that the order be adopted

19D.    The Committee on Ordinance to whom was referred special permit application for a Solar Facility by SHR Energy Management, LLC off Whitney Ave. at Map 176 Parcel 3 Recommend that the application be denied

19E.    The Committee on Ordinance to whom was referred an order that the City adopt an ordinance to establish a Holyoke Disaster Relief Trust Fund to allow for the receipt and disbursement of donations received on account of the New Years Day Fire:

Chapter 24 – Holyoke Disaster Relief Trust Fund

Sec. 24-1. Establishment of trust.

The City of Holyoke, by this chapter, hereby establishes a Holyoke Disaster Relief Trust Fund and further authorizes the acceptance of gifts, legacies, bequests, or other donations under M.G.L. c. 44 s. 53A for the benefit of said fund. The principal of said fund shall be faithfully held and kept good, until such time as the principal and the income thereon shall be expended for the benefit of individuals in the community affected by disasters which occur in the City of Holyoke and for no other purpose.

Sec. 24-2. Board of commissioners.
 
There shall be a board of commissioners, consisting of three persons, who shall have management of the trust fund for the purposes of investing and distributing funds; it shall be incumbent on them to develop fair and equitable procedures for the distribution of funds and to see that funds are distributed in compliance with this chapter. The members of said board shall be appointed by the mayor and confirmed by the city council. At the time of creation of said board, there shall be appointed one member for one year, one member for two years, and one member for three years, and thereafter, members shall be appointed annually for three years. Vacancies on the board of commissioners shall be filled by the mayor, with the approval of the city council.

Sec. 24-3. Compliance with trust.
 
The city treasurer shall hold all sums of money paid to the city for the benefit of said  trust, and the city treasurer shall pay over the income thereof, to such person or persons, and in such amounts, as may be ordered by the board of commissioners aforesaid.

Sec. 24-4. Granting of requests.
 
Upon receipt of a request for funds, the board shall consider the request and vote whether to grant it. An affirmative vote of two of the three commissioners shall be required to grant a request. The commission shall maintain a written accounting of the name and residence by street and number of each person to whom any money has been paid in accordance with this chapter, with the amount received or paid to each of said person.
 Recommend that the order be given leave to withdraw

20.    Finance Committee Reports (if any)

20A.    The Committee on Finance to whom was referred a Financial Transfer request of $28,259.93 FROM Free Cash TO: Longevity, Clothing Allowance, and Holiday Differential Recommend that the order be adopted

20B.    The Committee on Finance to whom was referred a Financial Transfer request of $43,801 FROM Free Cash: TO: Longevity, Clothing Allowance, and Holiday Differential  Recommend that the order be adopted

20C.    The Committee on Finance to whom was referred a Financial Transfer request of $65,000 FROM Free Cash TO: Motor Vehicle Supplies and Motor Vehicle Repairs  Recommend that the order be adopted

20D.    The Committee on Finance to whom was referred an order that the City pay $20,000 from Free Cash to compensate Jose Bou for damages incurred at 392 high St. in conjunction with the Essex House collapse Recommend that the order be approved

20E.    The Committee on Finance to whom was referred an order that there is hereby authorized to be established and maintained for fiscal year 2017, in accordance with M.G.L. Chapter 44 Sec. 53E1/2, the Vacant Property Revolving Fund.
    1.  Expenditures from the fund shall be specifically for the purposes of 1)Boarding up and cleaning up vacant properties and recording liens for such expenses; 2) Recording liens for unpaid vacant building registration fees and ticket fines.
    2.  The source of receipts to be credited to the Fund shall be 1) Vacant building registration fees; 2) Reimbursement for board-up and cleaning expenses; 3) Ticket fines; 4) Reimbursement for lien recording expenses.
    3.  The officer authorized to expend from the Fund shall be Brian Fitzgerald.
    4.  The limit on the total amount which may be expended from the Fund during fiscal year 2017 shall be the lesser of actual receipts collected during fiscal year 2017 or $50,000 which, when combined with all other such revolving funds authorized under M.G.L. Chapter 44 Sec. 53E1/2 under the direct control of the officer designated in 3., above, does not exceed 1% of the amount raised by taxation in 2017. Recommend that the order be adopted

20F.    The Committee on Finance to whom was referred an order that the settlement for Maria Ferrer be paid immediately from the remaining unused portion of the demolition bond for the former Essex House. The City Council approved 1.5 million and to date approximately $1,260,000 has been spent, leaving a balance of approximately $240,000. This settlement is an expense for the demolition. Interest payment for use of the bond funding is far less than revenue lost by using stabilization funds.  Recommend that the order be denied

20G.    The Committee on Finance to whom was referred an order that the City Council invite the school Superintendent and building relocation committee in to get an update on the process  Recommend that the order has been complied with

20H.    The Committee on Finance to whom was referred a financial transfer request of $270,205.10 FROM: Stabilization Fund TO: Claims and Damages  Recommend that the order be denied

20I.    The Committee on Finance to whom was referred a Financial Transfer request of $142,986.07 FROM: 2013 Bond Principal TO: Claims and Damages  Recommend that the order be denied

20J.    The Committee on Finance to whom was referred a Financial Transfer request of $100,000 FROM Bond Principal TO: Health Insurance, Life Insurance, and FICA/Medicare  Recommend that the order be denied

21.    Public Safety Committee Reports (if any)

22.    Public Service Committee Reports (if any)

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

24.    Charter and Rules Committee Reports (if any)

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

MOTIONS, ORDERS AND RESOLUTIONS

26.    ROMAN    –    that the Mayor, the Mayor’s Chief of Staff, City Treasurer, Acting City Auditor and Law Department provide a full list of all non-profit organizations that expressed interest in administering and overseeing the “Mayor’s Fire Victims Fund.  Furthermore, that the selectors provide a written selection process of how the Chamber Centennial Foundation was ultimately selected.

27.    ROMAN    –    that Hazen Paper be recognized for outstanding contributions to the City of Holyoke and the nation.  Congratulating them on their recent production of Super Bowl LI’s program.  

28.    SULLIVAN    –    That a complete review of Chapter 42 Fire Prevention
    JOURDAIN        and Protection be undertaken.  Many sections are outdated
            or need to be reviewed and updated.  Some sections
            are being ignored or circumvented.  Article III. which
            deals with the actual composition, staffing, and benefits
            of the department Is vague at best and receives less
            attention than the sale of cigarette lighters as detailed
            in 42-19.

29.    SULLIVAN    –    That no section of the Code of Ordinances may be conceded by any negotiating agent of the City of Holyoke without the consent of the City Council.  The laws of the City of Holyoke are not bargaining chips that can be used by either side in contract negotiations.

30.    SULLIVAN    –    the Board of Health take immediate enforcement action against the Roman Catholic Diocese of Springfield to clean and prevent further accumulation of avian fecal matter (pigeon shit) in the Mater Dolorosa Church.  This material is a serious respiratory threat and breeding ground for
maggots and other fungus.

31.    SULLIVAN    –    That the Board of Health or Building Inspector take immediate enforcement action against the Roman Catholic Diocese of Springfield to take the necessary measures to prevent the growth of white mold in the Mater Dolorosa Church.  This fungus is not only a serious respiratory threat but it also accelerates the deterioration of valuable historic artifacts.

32.    SULLIVAN    –    That Mark E. Dupont and Russell A. Sprague of the Roman Catholic Diocese of Springfield, and their agent Barry Engineers, be invited to answer questions of public safety surrounding the Mater Dolorosa Church and Rectory.

33.    VACON    –    that fire alarm systems shall be directly connected to the fire department for any residential building three stories or greater and with 4 or more units.

34.    VALENTIN    –    That one parking space opposite the driveway for 138 Linden St. be designated “no parking” to facilitate entry by the rubbish removal service truck. At present, if a car is parked above, below, and across from the 138 Linden St. driveway, the garbage truck cannot get in (and if only two of those three spaces are occupied, the truck is able to get in). This is impacting the garbage removal process for this building.

35.    VALENTIN    –    that the handicap parking spot at 144 Linden St. be removed. Resident has moved and parking is no longer needed. 

36.    VALENTIN    –    that the parking spot at 179 Beech St. be removed.  Resident has moved and parking is no longer needed.

37.    VALENTIN    –    That the handicap parking at 189 Beech St. be removed. Resident moved and handicap parking is no longer needed at that location.

38.    BARTLEY    –    That the Holyoke G & E install necessary street lights on Chestnut St. between Franklin and Appleton Streets.  This is a very dark stretch of road and will be a welcome improvement especially in light of the proposed housing development.

39.    BARTLEY    –    The Park & Rec. Dept. consider fixing or replacing the Crosier Field water fountain.  Please see if this can be added to your FY18 budget unless funds are available this spring.  The fountain should be a nice amenity but right now it’s an eyesore.

40.    BARTLEY    –    The DPW repair the sidewalks at 31 Washington Ave. and 74 Lawler St.  Both are trip hazards.

41.    BARTLEY    –    This City Council extend an invitation to the Holyoke St. Patrick’s Parade Committee including its President, Board, members, Award winners and Colleens to the March 7, 2017 meeting of the Holyoke City Council as a way to help kick-off the Parade celebration, promote the Parade & Road Race, and thank the Committee members for their tireless work.  We started this in 2016 and hopefully it’ll become a City Council tradition.

42.    BARTLEY    –    The DPW remove the handicapped parking sign in front of 99 Carlton St. as the sign is no longer needed.

43.    JOURDAIN    –    That the law department render a legal opinion to
    VACON        determine if Holyoke could be (or already is) classified
            as a “sanctuary city.”  Do current policies of Mayor
            Morse’s administration rise to the level that it could
            deem Holyoke with this status?  Secondly, please provide
            a list gathered from department heads of all federal
            grants and funding that the city currently receives
            by name of source, name of dept impacted and amount.
            In the event that Holyoke policies cause to deem us
            a sanctuary city we need to be aware of the potential
            financial impact to the city of these policies in
            light of new executive orders on this topic being
            created at the federal level.

44.    JOURDAIN    –    Holyoke Police Chief and Law Department report to the City Council if the Holyoke Police Department is fully compliant with 8 USC 1373?  If not, how so and why?

45.    LOPEZ    –    That the Ordinance Committee create an Ordinance requiring the Mayor to provide any financial burden to the City when entering or allowing a private company contract to use any City buildings or facilities.  Also, that the City Council has final approval of such contracts using any buildings (Example: recent Ambulance contract moving part of the services to the Fire Dept. Headquarters and others).

46.    MCGEE    –    that the HG& E install a light on pole 11 located at Nonotuck Street.

47.    MCGEE    –    that the City Council recommended the school department to move their offices from 4 floors to 2 floors in order to reduce their lease payments.

48.    MCGEE    –    Ordered that the City Council post all sub-committee minutes online as soon as they are approved.

49.    MCGEE    –    that there be and is hereby appropriated by transfer in the fiscal year 2017, Six thousand and 00/100 Dollars ($6,000) as follows:

FROM:
11611-51210    Election Officers        $6,000
 -             
        TOTAL:    $6,000
TO:
11612-54200    Office Supplies        $5,500
11612-53190    Education & Training        500
        TOTAL:    $6,000

50.    MCGEE    –    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Shannon Community Safety Initiative” 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.

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 February 3, 2017 by